[Congressional Record Volume 155, Number 107 (Thursday, July 16, 2009)]
[House]
[Pages H8216-H8269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 644 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. 3170.

                              {time}  1431


                     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. 3170) making appropriations for financial services and 
general government for the fiscal year ending September 30, 2010, and 
for other purposes, with Mr. Hastings of Florida in the chair.
  The Clerk read the title of the bill.
  The CHAIR. When the Committee of the Whole rose earlier today, all 
time for general debate had expired.
  Pursuant to the rule, the bill is considered read for amendment under 
the 5-minute rule and the bill shall be considered read through page 
145, line 11.
  The text of that portion of the bill is as follows:

                               H.R. 3170

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business, $303,388,000, of which not to exceed $21,983,000 is 
     for executive direction program activities; not to exceed 
     $46,249,000 is for economic policies and programs activities; 
     not to exceed $48,080,000 is for financial policies and 
     programs activities; not to exceed $64,611,000 is for 
     terrorism and financial intelligence activities; not to 
     exceed $22,679,000 is for Treasury-wide management policies 
     and programs activities; and not to exceed $99,786,000 is for 
     administration programs activities: Provided, That the 
     Secretary of the Treasury is authorized to transfer funds 
     appropriated for any program activity of the Departmental 
     Offices to any other program activity of the Departmental 
     Offices upon notification to the House and Senate Committees 
     on Appropriations: Provided further, That no appropriation 
     for any program activity shall be increased or decreased by 
     more than 4 percent by all such transfers: Provided further, 
     That any change in funding greater than 4 percent shall be 
     submitted for approval to the House and Senate Committees on 
     Appropriations: Provided further, That of the amount 
     appropriated under this heading, not to exceed $3,000,000, to 
     remain available until September 30, 2011, is for information 
     technology modernization requirements; not to exceed $200,000 
     is for official reception and representation expenses; and 
     not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate: Provided further, 
     That of the amount appropriated under this heading, 
     $6,787,000, to remain available until September 30, 2011, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program, of which such amounts as may be necessary 
     may be transferred to accounts of the Department's offices 
     and bureaus to conduct audits: Provided further, That this 
     transfer authority shall be in addition to any other provided 
     in this Act: Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2011, is for secure space 
     requirements: Provided further, That of the amount 
     appropriated under this heading, $3,400,000, to remain 
     available until September 30, 2012, is to develop and 
     implement programs within the Office of Critical 
     Infrastructure Protection and Compliance Policy, including 
     entering into cooperative agreements: Provided further, That 
     of the amount appropriated under this heading $3,000,000, to 
     remain available until September 30, 2012, is for modernizing 
     the Office of Debt Management's information technology.

        department-wide systems and capital investments programs

                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $9,544,000, to remain available 
     until September 30, 2012: Provided, That $4,544,000 is for 
     repairs to the Treasury Annex Building: Provided further, 
     That these funds shall be transferred to accounts and in 
     amounts as necessary to satisfy the requirements of the 
     Department's offices, bureaus, and other organizations: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That none of the funds appropriated 
     under this heading shall be used to support or supplement 
     ``Internal Revenue Service, Operations Support'' or 
     ``Internal Revenue Service, Business Systems Modernization''.

                      office of inspector general

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, not to exceed $2,000,000 for official travel 
     expenses, including hire of passenger motor vehicles; and not 
     to exceed $100,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury, 
     $29,700,000, of which not to exceed $2,500 shall be available 
     for official reception and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, including purchase (not to exceed 150 for 
     replacement only for police-type use) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 
     U.S.C. 3109, at such rates as may be determined by the 
     Inspector General for Tax Administration; $149,000,000, of 
     which not to exceed $6,000,000 shall be available for 
     official travel expenses; of which not to exceed $500,000 
     shall be available for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General for Tax Administration; 
     and of which not to exceed $1,500 shall be available for 
     official reception and representation expenses.

                  Financial Crimes Enforcement Network

                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses, including for course development, of 
     non-Federal and foreign government personnel to attend 
     meetings and training concerned with domestic and foreign 
     financial intelligence activities, law enforcement, and 
     financial regulation; not to exceed $14,000 for official 
     reception and representation expenses; and for assistance to 
     Federal law enforcement agencies, with or without 
     reimbursement, $102,760,000, of which not to exceed 
     $26,085,000 shall remain available until September 30, 2012; 
     and of which $9,316,000 shall remain available until 
     September 30, 2011: Provided, That funds appropriated in this 
     account may be used to procure personal services contracts.

                        Treasury Forfeiture Fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $50,000,000 is permanently rescinded and returned to the 
     general fund.

                      Financial Management Service

                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $244,132,000, of which not to exceed $9,220,000 shall remain 
     available until September 30, 2012, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles, $99,500,000; of which not to exceed $6,000 
     for official reception and representation expenses; not to 
     exceed $50,000 for cooperative research and development 
     programs for laboratory services; and provision of laboratory

[[Page H8217]]

     assistance to State and local agencies with or without 
     reimbursement.

                           United States Mint

               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments. The aggregate amount of new liabilities 
     and obligations incurred during fiscal year 2010 under such 
     section 5136 for circulating coinage and protective service 
     capital investments of the United States Mint shall not 
     exceed $26,700,000.

                       Bureau of the Public Debt

                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $192,244,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $2,000,000 shall remain available until September 30, 2012, 
     for systems modernization: Provided, That the sum 
     appropriated herein from the general fund for fiscal year 
     2010 shall be reduced by not more than $10,000,000 as 
     definitive security issue fees and Legacy Treasury Direct 
     Investor Account Maintenance fees are collected, so as to 
     result in a final fiscal year 2010 appropriation from the 
     general fund estimated at $182,244,000. In addition, $90,000 
     to be derived from the Oil Spill Liability Trust Fund to 
     reimburse the Bureau for administrative and personnel 
     expenses for financial management of the Fund, as authorized 
     by section 1012 of Public Law 101-380.

   Community Development Financial Institutions Fund Program Account

                     (including transfer of funds)

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994 (Public Law 103-325), 
     including services authorized by 5 U.S.C. 3109, but at rates 
     for individuals not to exceed the per diem rate equivalent to 
     the rate for ES-3, $243,600,000, to remain available until 
     September 30, 2011, notwithstanding subsections (d) and (e) 
     of section 108 of such Act (12 U.S.C. 4707); of which 
     $10,000,000 shall be for financial assistance, technical 
     assistance, training, and outreach programs under sections 
     105 through 109 of such Act (12 U.S.C. 4704-4708), designed 
     to benefit Native American, Native Hawaiian, and Alaskan 
     Native communities and provided primarily through qualified 
     community development lender organizations with experience 
     and expertise in community development banking and lending in 
     Indian country, Native American organizations, tribes and 
     tribal organizations, and other suitable providers; of which 
     $1,000,000 shall be available for the pilot project grant 
     program under section 1132(d) of division A of the Housing 
     and Economic Recovery Act of 2008 (Public Law 110-289); of 
     which $80,000,000 shall be transferred to the Capital Magnet 
     Fund, as authorized by section 1339 of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992 (12 
     U.S.C. 1301 et seq.), as amended by section 1131 of the 
     Housing and Economic Recovery Act of 2008 (``HERA''; Public 
     Law 110-289), to support financing for affordable housing and 
     economic development projects; of which up to $18,000,000 may 
     be used for administrative expenses, including administration 
     of the New Markets Tax Credit Program; of which up to 
     $7,500,000 may be used for the cost of direct loans; and of 
     which up to $250,000 may be used for administrative expenses 
     to carry out the direct loan program: Provided, That the cost 
     of direct loans, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans not to exceed $16,000,000: Provided 
     further, That section 1339(h)(3) of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992, as 
     added by section 1131 of HERA, shall be applied by 
     substituting the term ``at least 10 times the grant amount or 
     such other amount that the Secretary may require'' for ``at 
     least 10 times the grant amount''.

                        Internal Revenue Service

                           taxpayer services

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,273,830,000, of which not less than $5,100,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $10,000,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $9,000,000, to 
     remain available until September 30, 2011, shall be available 
     for Community Volunteer Income Tax Assistance matching grants 
     for tax return preparation assistance, and of which not less 
     than $205,800,000 shall be available for operating expenses 
     of the Taxpayer Advocate Service.

                              enforcement

                     (including transfer of funds)

       For necessary expenses for tax enforcement activities of 
     the Internal Revenue Service to determine and collect owed 
     taxes, to provide legal and litigation support, to conduct 
     criminal investigations, to enforce criminal statutes related 
     to violations of internal revenue laws and other financial 
     crimes, to purchase (for police-type use, not to exceed 850) 
     and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to 
     provide other services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $4,904,000,000, of which not less than $59,206,000 shall be 
     for the Interagency Crime and Drug Enforcement program; and 
     of which not to exceed $126,500 shall be for official 
     reception and representation expenses associated with hosting 
     the Leeds Castle Meeting in the United States during 2010: 
     Provided, That up to $10,000,000 may be transferred as 
     necessary from this account to ``Operations Support'' solely 
     for the purposes of the Interagency Crime and Drug 
     Enforcement program: Provided further, That this transfer 
     authority shall be in addition to any other transfer 
     authority provided in this Act. In addition to amounts made 
     available above, $600,000,000 shall be made available for 
     enhanced tax enforcement activities.

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner; $4,082,984,000, of which 
     up to $75,000,000 shall remain available until September 30, 
     2011, for information technology support; of which not to 
     exceed $1,000,000 shall remain available until September 30, 
     2012, for research; of which not less than $2,000,000 shall 
     be for the Internal Revenue Service Oversight Board; of which 
     not to exceed $25,000 shall be for official reception and 
     representation; and of which $290,000,000 shall be made 
     available to support enhanced tax enforcement activities: 
     Provided, That of the amounts provided under this heading, 
     such sums as are necessary shall be available to fully 
     support tax enforcement and enhanced tax enforcement 
     activities.

                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $253,674,000, to 
     remain available until September 30, 2012, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109: Provided, That, with the 
     exception of labor costs, none of these funds may be 
     obligated until the Internal Revenue Service submits to the 
     Committees on Appropriations, and such Committees approve, a 
     plan for expenditure that: (1) meets the capital planning and 
     investment control review requirements established by the 
     Office of Management and Budget, including Circular A-11; (2) 
     complies with the Internal Revenue Service's enterprise 
     architecture, including the modernization blueprint; (3) 
     conforms with the Internal Revenue Service's enterprise life 
     cycle methodology; (4) is approved by the Internal Revenue 
     Service, the Department of the Treasury, and the Office of 
     Management and Budget; (5) has been reviewed by the 
     Government Accountability Office; and (6) complies with the 
     acquisition rules, requirements, guidelines, and systems 
     acquisition management practices of the Federal Government.

               health insurance tax credit administration

       For expenses necessary to implement the health insurance 
     tax credit included in the Trade Act of 2002 (Public Law 107-
     210), $15,512,000.

          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service or 
     not to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any other Internal 
     Revenue Service appropriation upon the advance approval of 
     the Committees on Appropriations.
       Sec. 102.  The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.

[[Page H8218]]

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

       Sec. 105.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 106.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 107.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations: Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 108.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 109.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 110.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection: Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 111.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``11 
     years'' and inserting ``12 years.''
       Sec. 112.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing and Urban Affairs.
       Sec. 113.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       Sec. 114.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2010 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2010.
       Sec. 115.  Not to exceed $5,000 shall be made available 
     from the Bureau of Engraving and Printing's Industrial 
     Revolving Fund for necessary official reception and 
     representation expenses.
       Sec. 116.  The Secretary is authorized to establish 
     additional Treasury accounts for the Alcohol & Tobacco Tax 
     and Trade Bureau, Department of the Treasury; U.S. Customs 
     and Border Protection, Department of Homeland Security; and 
     the Bureau of Alcohol, Tobacco Firearms and Explosives, 
     Department of Justice, for purposes of administering refunds 
     under 31 U.S.C. 1324.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2010''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House

                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President; and for necessary expenses of the 
     Office of Policy Development, including services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,319,000, of 
     which not less than $1,400,000 shall be for the Office of 
     National AIDS Policy.

                 Executive Residence at the White House

                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $13,838,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

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

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $2,500,000, to remain 
     available until expended, for required maintenance, 
     resolution of safety and health issues, and continued 
     preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021 et seq.), $4,200,000.

                       National Security Council

                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $12,231,000.

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $115,280,000, of

[[Page H8219]]

     which $16,768,000 shall remain available until expended for 
     continued modernization of the information technology 
     infrastructure within the Executive Office of the President.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $92,687,000, of which not to exceed $3,000 shall be available 
     for official representation expenses: Provided, That none of 
     the funds appropriated in this Act for the Office of 
     Management and Budget may be used for the purpose of 
     reviewing any agricultural marketing orders or any activities 
     or regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees: Provided further, That 
     none of the funds provided in this or prior Acts shall be 
     used, directly or indirectly, by the Office of Management and 
     Budget, for evaluating or determining if water resource 
     project or study reports submitted by the Chief of Engineers 
     acting through the Secretary of the Army are in compliance 
     with all applicable laws, regulations, and requirements 
     relevant to the Civil Works water resource planning process: 
     Provided further, That the Office of Management and Budget 
     shall have not more than 60 days in which to perform 
     budgetary policy reviews of water resource matters on which 
     the Chief of Engineers has reported: Provided further, That 
     the Director of the Office of Management and Budget shall 
     notify the appropriate authorizing and appropriating 
     committees when the 60-day review is initiated: Provided 
     further, That if water resource reports have not been 
     transmitted to the appropriate authorizing and appropriating 
     committees within 15 days after the end of the Office of 
     Management and Budget review period based on the notification 
     from the Director, Congress shall assume Office of Management 
     and Budget concurrence with the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $27,575,000; of which $1,300,000 shall remain available until 
     expended for policy research and evaluation: Provided, That 
     the Office is authorized to accept, hold, administer, and 
     utilize gifts, both real and personal, public and private, 
     without fiscal year limitation, for the purpose of aiding or 
     facilitating the work of the Office.

                     Federal Drug Control Programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $248,000,000, to remain available until September 
     30, 2011, for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas (``HIDTAs''), of which not less than 
     51 percent shall be transferred to State and local entities 
     for drug control activities and shall be obligated not later 
     than 120 days after enactment of this Act: Provided, That up 
     to 49 percent may be transferred to Federal agencies and 
     departments in amounts determined by the Director of the 
     Office of National Drug Control Policy (``the Director''), of 
     which up to $2,700,000 may be used for auditing services and 
     associated activities (including up to $250,000 to ensure the 
     continued operation and maintenance of the Performance 
     Management System): Provided further, That each High 
     Intensity Drug Trafficking Area designated as of September 
     30, 2009, shall be funded at not less than the fiscal year 
     2009 base level, unless the Director submits to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate justification for changes to those levels 
     based on clearly articulated priorities and published Office 
     of National Drug Control Policy performance measures of 
     effectiveness: Provided further, That the Director shall 
     notify the Committees on Appropriations of the initial 
     allocation of fiscal year 2010 funding among HIDTAs not later 
     than 45 days after enactment of this Act, and shall notify 
     the Committees of planned uses of discretionary HIDTA 
     funding, as determined in consultation with the HIDTA 
     Directors, not later than 90 days after enactment of this 
     Act.

                  other federal drug control programs

                     (including transfer of funds)

       For other drug control activities authorized by the Office 
     of National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $132,400,000, to remain available until 
     expended, which shall be available as follows: $20,000,000 
     for outreach and media activities related to drug abuse 
     prevention; $98,000,000 for the Drug-Free Communities 
     Program, of which $2,000,000 shall be made available as 
     directed by section 4 of Public Law 107-82, as amended by 
     Public Law 109-469 (21 U.S.C. 1521 note); $1,000,000 for the 
     National Drug Court Institute; $10,000,000 for the United 
     States Anti-Doping Agency for anti-doping activities; 
     $1,900,000 for the United States membership dues to the World 
     Anti-Doping Agency; $1,250,000 for the National Alliance for 
     Model State Drug Laws; and $250,000 for evaluations and 
     research related to National Drug Control Program performance 
     measures, which may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided, That any grantee under the Drug-Free Communities 
     Program seeking a renewal grant (year 2 through 5, or year 7 
     through 10) that is not awarded renewal funding shall be 
     afforded a fair, timely, and independent appeal of the non-
     renewal decision prior to the beginning of the funding year.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000, to remain available until September 30, 2011.

           Partnership Fund for Program Integrity Innovation

                     (including transfer of funds)

       To execute the Partnership Fund for Program Integrity 
     Innovation, $40,000,000, to remain available until September 
     30, 2012, which may be used for grants, contracts, 
     cooperative agreements, and administrative costs for carrying 
     out Partnership Fund for Program Integrity Innovation pilot 
     projects: Provided, That funds made available under this 
     heading may be transferred by the Director of the Office of 
     Management and Budget to appropriate agencies to carry out 
     pilot projects and to conduct or provide for evaluation of 
     such projects: Provided further, That no funds may be 
     obligated for any pilot project unless the Director of the 
     Office of Management and Budget has determined that the 
     project (1) addresses programs that have a substantial state 
     role in eligibility determination or administration or where 
     Federal-state cooperation could otherwise be beneficial, (2) 
     in aggregate, is expected to save at least as much money as 
     it costs, (3) demonstrates the potential to streamline 
     administration and/or strengthen program integrity, and (4) 
     does not achieve savings primarily by reducing the 
     participation of eligible beneficiaries: Provided further, 
     That the Director shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     of each determination required by the preceding proviso at 
     least 15 days in advance of obligating funds for the pilot 
     project involved, and shall include in the notification a 
     statement of the purposes and objectives of the pilot project 
     and a plan for evaluating its results: Provided further, That 
     the Director shall submit a progress report on activities 
     funded under this heading to the Committee on Appropriations 
     not later than September 30, 2010, and annually thereafter 
     for the next four years.

                  Special Assistance to the President

                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,604,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $330,000: Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President

                     (including transfer of funds)

       Sec. 201.  From funds made available in this Act under the 
     headings ``The White House'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisers'', ``National Security 
     Council'', ``Office of Administration'', ``Special Assistance 
     to the President'', and ``Official Residence of the Vice 
     President'', the Director of the Office of Management and 
     Budget (or such other officer as the President may designate 
     in writing), may, 15 days after giving notice to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred: Provided, 
     That the

[[Page H8220]]

     amount of an appropriation shall not be increased by more 
     than 50 percent by such transfers: Provided further, That no 
     amount shall be transferred from ``Special Assistance to the 
     President'' or ``Official Residence of the Vice President'' 
     without the approval of the Vice President.
       Sec. 202.  The Director of the Office of National Drug 
     Control Policy shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of enactment of this 
     Act, and prior to the initial obligation of more than 20 
     percent of the funds appropriated in any account under the 
     headings ``Office of National Drug Control Policy'' and 
     ``Federal Drug Control Programs'', a detailed narrative and 
     financial plan on the proposed uses of all funds under the 
     account by program, project, and activity: Provided, That the 
     reports required by this section shall be updated and 
     submitted to the Committees on Appropriations every 6 months 
     and shall include information detailing how the estimates and 
     assumptions contained in previous reports have changed.
       Sec. 203.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be transferred between appropriated 
     programs upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 3 percent.
       Sec. 204.  Not to exceed $1,000,000 of any appropriations 
     in this Act made available to the Office of National Drug 
     Control Policy may be reprogrammed within a program, project, 
     or activity upon the advance approval of the Committees on 
     Appropriations.
        This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2010''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $74,034,000, of which $2,000,000 shall remain 
     available until expended.

                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by 40 U.S.C. 6111, $14,525,000, which shall 
     remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $33,577,000.

               United States Court of International Trade

                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $21,350,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $5,080,709,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $27,817,000 shall remain available until expended for space 
     alteration projects and for furniture and furnishings related 
     to new space alteration and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $5,428,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under 18 U.S.C. 3006A, and 
     also under 18 U.S.C. 3599, in cases in which a defendant is 
     charged with a crime that may be punishable by death; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert, and other services under 18 
     U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), 
     in cases in which a defendant is charged with a crime that 
     may be punishable by death; the compensation (in accordance 
     with the maximums under 18 U.S.C. 3006A) and reimbursement of 
     expenses of attorneys appointed to assist the court in 
     criminal cases where the defendant has waived representation 
     by counsel; the compensation and reimbursement of travel 
     expenses of guardians ad litem acting on behalf of 
     financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences; the compensation and 
     reimbursement of expenses of attorneys appointed to represent 
     jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d); the 
     compensation and reimbursement of expenses of attorneys 
     appointed under 18 U.S.C. 983(b)(1) in connection with 
     certain judicial civil forfeiture proceedings; and for 
     necessary training and general administrative expenses, 
     $982,699,000, to remain available until expended.

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71.1(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71.1(h)), $62,275,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under 5 U.S.C. 5332.

                             court security

                     (including transfers of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $457,353,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $83,075,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $27,328,000; of which 
     $1,800,000 shall remain available through September 30, 2011, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $71,874,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $6,500,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $4,000,000.

                  United States Sentencing Commission

                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $16,837,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services--Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services--Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers: Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.

[[Page H8221]]

       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States: Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.
       Sec. 304.  Within 90 days after the date of the enactment 
     of this Act, the Administrative Office of the U.S. Courts 
     shall submit to the Committees on Appropriations a 
     comprehensive financial plan for the Judiciary allocating all 
     sources of available funds including appropriations, fee 
     collections, and carryover balances, to include a separate 
     and detailed plan for the Judiciary Information Technology 
     Fund, which will establish the baseline referred to in the 
     second proviso of section 608.
       Sec. 305.  Section 3314(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 307.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the third sentence (relating to the District of 
     Kansas), by striking ``18 years'' and inserting ``19 years''; 
     and
       (2) in the sixth sentence (relating to the Northern 
     District of Ohio), by striking ``18 years'' and inserting 
     ``19 years''.
        This title may be cited as the ``Judiciary Appropriations 
     Act, 2010''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $35,100,000, to remain available 
     until expended: Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education: Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized: Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year: Provided further, 
     That the account shall be under the control of the District 
     of Columbia Chief Financial Officer, who shall use those 
     funds solely for the purposes of carrying out the Resident 
     Tuition Support Program: Provided further, That the Office of 
     the Chief Financial Officer shall provide a quarterly 
     financial report to the Committees on Appropriations of the 
     House of Representatives and the Senate for these funds 
     showing, by object class, the expenditures made and the 
     purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

       For a Federal payment of necessary expenses, as determined 
     by the Mayor of the District of Columbia in written 
     consultation with the elected county or city officials of 
     surrounding jurisdictions, $15,000,000, to remain available 
     until expended and in addition any funds that remain 
     available from prior year appropriations under this heading 
     for the District of Columbia Government, for the costs of 
     providing public safety at events related to the presence of 
     the national capital in the District of Columbia, including 
     support requested by the Director of the United States Secret 
     Service Division in carrying out protective duties under the 
     direction of the Secretary of Homeland Security, and for the 
     costs of providing support to respond to immediate and 
     specific terrorist threats or attacks in the District of 
     Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $268,920,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,022,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $108,524,000, of which not to exceed $1,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $65,114,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; and $83,260,000, to remain available 
     until September 30, 2011, for capital improvements for 
     District of Columbia courthouse facilities, including 
     structural improvements to the District of Columbia cell 
     block at the Moultrie Courthouse: Provided, That funds made 
     available for capital improvements shall be expended 
     consistent with the General Services Administration (GSA) 
     master plan study and building evaluation report: Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the GSA, and such services shall include the preparation 
     of monthly financial reports, copies of which shall be 
     submitted directly by GSA to the President and to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on Oversight and Government 
     Reform of the House of Representatives, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate: 
     Provided further, That 30 days after providing written notice 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, the District of Columbia 
     Courts may reallocate not more than $1,000,000 of the funds 
     provided under this heading among the items and entities 
     funded under this heading for operations, and not more than 4 
     percent of the funds provided under this heading for 
     facilities.

            defender services in district of columbia courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance, and 
     such other services as are necessary to improve the quality 
     of guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Official Code, and payments for counsel authorized 
     under section 21-2060, D.C. Official Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $55,000,000, to remain available until 
     expended: Provided, That the funds provided in this Act under 
     the heading ``Federal Payment to the District of Columbia 
     Courts'' (other than the $83,260,000 provided under such 
     heading for capital improvements for District of Columbia 
     courthouse facilities) may also be used for payments under 
     this heading: Provided further, That in addition to the funds 
     provided under this heading, the Joint Committee on Judicial 
     Administration in the District of Columbia may use funds 
     provided in this Act under the heading ``Federal Payment to 
     the District of Columbia Courts'' (other than the $83,260,000 
     provided under such heading for capital improvements for 
     District of Columbia courthouse facilities), to make payments 
     described under this heading for obligations incurred during 
     any fiscal year: Provided further, That funds provided under 
     this heading shall be administered by the Joint Committee on 
     Judicial Administration in the District of Columbia: Provided 
     further, That notwithstanding any other provision of law, 
     this appropriation shall be apportioned quarterly by the 
     Office of Management and Budget and obligated and expended in 
     the same manner as funds appropriated for expenses of other 
     Federal agencies, with payroll and financial services to be 
     provided on a contractual basis with the General Services 
     Administration (GSA), and such services shall include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $212,408,000, of which 
     not to exceed $2,000 is for official reception and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs; of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002; of which 
     $153,856,000 shall be for necessary expenses of Community 
     Supervision and Sex Offender Registration, to include 
     expenses relating to the supervision of adults subject to 
     protection orders or the

[[Page H8222]]

     provision of services for or related to such persons; of 
     which $58,552,000 shall be available to the Pretrial Services 
     Agency: Provided, That notwithstanding any other provision of 
     law, all amounts under this heading shall be apportioned 
     quarterly by the Office of Management and Budget and 
     obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of other Federal 
     agencies: Provided further, That not less than $2,000,000 
     shall be available for re-entrant housing in the District of 
     Columbia: Provided further, That the Director is authorized 
     to accept and use gifts in the form of in-kind contributions 
     of space and hospitality to support offender and defendant 
     programs, and equipment and vocational training services to 
     educate and train offenders and defendants: Provided further, 
     That the Director shall keep accurate and detailed records of 
     the acceptance and use of any gift or donation under the 
     previous proviso, and shall make such records available for 
     audit and public inspection: Provided further, That the Court 
     Services and Offender Supervision Agency Director is 
     authorized to accept and use reimbursement from the District 
     of Columbia Government for space and services provided on a 
     cost reimbursable basis.

  federal payment to the district of columbia public defender service

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $37,316,000: Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies.

              federal payment for water and sewer services

       For a Federal payment for water and sewer services, 
     $20,400,000, which shall be used as follows: $20,000,000 for 
     a payment to the District of Columbia Water and Sewer 
     Authority (WASA), to remain available until expended, to 
     continue implementation of the Combined Sewer Overflow Long-
     Term Plan and subject to a 100 percent match from WASA; 
     $400,000 for the District of Columbia Department of the 
     Environment, to conduct a study of lead levels in the 
     District's drinkng water.

      federal payment to the criminal justice coordinating council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $2,000,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.

                federal payment for judicial commissions

       For a Federal payment to the Commission on Judicial 
     Disabilities and Tenure, $295,000, and for the Judicial 
     Nomination Commission, $205,000, to remain available until 
     September 30, 2011.

  federal payment to the office of the chief financial officer of the 
                          district of columbia

       For a Federal payment to the Office of the Chief Financial 
     Officer of the District of Columbia, $1,700,000: Provided, 
     That each entity that receives funding under this heading 
     shall submit to the Office of the Chief Financial Officer of 
     the District of Columbia (CFO), not later than 60 days after 
     enactment of this Act, a detailed budget and comprehensive 
     description of the activities to be carried out with such 
     funds, and the CFO shall submit a comprehensive report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate not later than June 1, 2010.

                 federal payment for school improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $74,400,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $42,200,000 to improve public school education in the 
     District of Columbia; for the State Education Office, 
     $20,000,000 to expand quality public charter schools in the 
     District of Columbia, to remain available until expended; for 
     the Secretary of Education, $12,200,000 to provide 
     opportunity scholarships for students in the District of 
     Columbia in accordance with division C, title III of the 
     District of Columbia Appropriations Act, 2004 (Public Law 
     108-199; 118 Stat. 126), of which up to $1,000,000 may be 
     used to administer and fund assessments: Provided, That 
     notwithstanding the second proviso under this heading in 
     Public Law 111-8, funds provided herein may be used to 
     provide opportunity scholarships to students who received 
     scholarships in the 2009-2010 school year: Provided further, 
     That funds available under this heading for opportunity 
     scholarships, including from prior-year appropriations acts, 
     may be made available for scholarships to students who 
     received scholarships in the 2009-2010 school year: Provided 
     further, That none of the funds provided in this Act or any 
     other Act for opportunity scholarships may be used by an 
     eligible student to enroll in a participating school under 
     the DC School Choice Incentive Act of 2003 unless (1) the 
     participating school has and maintains a valid certificate of 
     occupancy issued by the District of Columbia; and (2) the 
     core subject matter teachers of the eligible student hold 4-
     year bachelor's degrees.

          federal payment for consolidated laboratory facility

       For a Federal payment to the District of Columbia, 
     $15,000,000, to remain available until September 30, 2011, 
     for costs associated with the construction of a consolidated 
     bioterrorism and forensics laboratory: Provided, That the 
     District of Columbia provides a 100 percent match for this 
     payment.

      federal payment for the district of columbia national guard

       For a Federal payment to the District of Columbia, 
     $2,375,000, of which $2,000,000 is to remain available until 
     September 30, 2011, to support costs associated with the 
     District of Columbia National Guard; and of which $375,000 is 
     to remain available until expended for the District of 
     Columbia National Guard retention and college access 
     programs, which shall hereafter be known as the ``Major 
     General David F. Wherley, Jr. District of Columbia National 
     Guard Retention and College Access Program''.

              federal payment for housing for the homeless

       For a Federal payment to the District of Columbia, 
     $19,200,000, to remain available until September 30, 2011, to 
     support permanent supportive housing programs in the 
     District.

                   federal payment for youth services

       For a Federal payment to the District of Columbia, 
     $5,000,000, to remain available until September 30, 2011, to 
     support the ``Reconnecting Disconnected Youth'' initiative.

               federal payment for public health services

       For a Federal payment to the District of Columbia, 
     $4,000,000, to remain available until September 30, 2011, for 
     HIV/AIDS prevention programs in the District.

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the General Fund 
     of the District of Columbia (``General Fund''), except as 
     otherwise specifically provided: Provided, That 
     notwithstanding any other provision of law, except as 
     provided in section 450A of the District of Columbia Home 
     Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-
     204.50a) and provisions of this Act, the total amount 
     appropriated in this Act for operating expenses for the 
     District of Columbia for fiscal year 2010 under this heading 
     shall not exceed the lesser of the sum of the total revenues 
     of the District of Columbia for such fiscal year or 
     $8,858,278,000 (of which $5,721,742,000 shall be from local 
     funds, (including $313,789,000 from dedicated taxes) 
     $2,575,447,000 shall be from Federal grant funds, 
     $556,429,000 shall be from other funds, and $4,660,000 shall 
     be from private funds); in addition, $125,274,000 from funds 
     previously appropriated in this Act as Federal payments, 
     which does not include funds appropriated under the American 
     Recovery and Reinvestment Act of 2009 (123 Stat. 115; 26 
     U.S.C. Section 1, note): Provided further, That of the local 
     funds, such amounts as may be necessary may be derived from 
     the District's General Fund balance: Provided further, That 
     of these funds the District's intradistrict authority shall 
     be $712,697,000: in addition for capital construction 
     projects, an increase of $2,963,810,000, of which 
     $2,373,879,000 shall be from local funds, $54,893,000 from 
     the District of Columbia Highway Trust fund, $212,854,000 
     from the Local Street Maintenance fund, $322,184,000 from 
     Federal grant funds, and a rescission of $1,833,594,000 from 
     local funds and a rescission of $91,327,000 from Local Street 
     Maintenance funds appropriated under this heading in prior 
     fiscal years for a net amount of $1,038,889,000, to remain 
     available until expended: Provided further, That the amounts 
     provided under this heading are to be available, allocated 
     and expended as proposed under ``Title III--District of 
     Columbia Funds Division of Expenses'' of the Fiscal Year 2010 
     Proposed Budget and Financial Plan transmitted to the Mayor 
     by the District of Columbia Council on June 5, 2009: Provided 
     further, That this amount may be increased by proceeds of 
     one-time transactions, which are expended for emergency or 
     unanticipated operating or capital needs: Provided further, 
     That such increases shall be approved by enactment of local 
     District law and shall comply with all reserve requirements 
     contained in the District of Columbia Home Rule Act (87 Stat. 
     777; D.C. Official Code Sec. 1-201.01 et seq.): Provided 
     further, That the Chief Financial Officer of the District of 
     Columbia shall take such steps as are necessary to assure 
     that the District of Columbia meets these requirements, 
     including the apportioning by the Chief Financial Officer of 
     the appropriations and funds made available to the District 
     during fiscal year 2010, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.
        This title may be cited as the ``District of Columbia 
     Appropriations Act, 2010''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

       For necessary expenses of the Administrative Conference of 
     the United States, authorized by 5 U.S.C. 591 et seq., 
     $1,500,000, of which, not to exceed $1,000 is for official 
     reception and representation expenses.

[[Page H8223]]

                   Consumer Product Safety Commission

                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission (CPSC), including hire of passenger motor 
     vehicles, services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the maximum rate payable under 5 U.S.C. 5376, 
     purchase of nominal awards to recognize non-Federal 
     officials' contributions to Commission activities, and not to 
     exceed $2,000 for official reception and representation 
     expenses, $113,325,000, of which $2,000,000 shall remain 
     available for obligation until September 30, 2011 to 
     implement the Virginia Graeme Baker Pool and Spa Safety Act 
     grant program as provided by section 1405 of Public Law 110-
     140 (15 U.S.C. 8004).

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002, $17,959,000, of which $3,500,000 shall be 
     transferred to the National Institute of Standards and 
     Technology for election reform activities authorized under 
     the Help America Vote Act of 2002: Provided, That $750,000 
     shall be for the Help America Vote College Program as 
     provided by the Help America Vote Act of 2002 (Public Law 
     107-252): Provided further, That $300,000 shall be for a 
     competitive grant program to support community involvement in 
     student and parent mock elections.

                        election reform programs

       For necessary expenses relating to election reform 
     programs, $106,000,000, to remain available until expended, 
     of which $100,000,000 shall be for requirements payments 
     under part 1 of subtitle D of title II of the Help America 
     Vote Act of 2002 (Public Law 107-252), $4,000,000 shall be 
     for grants to carry out research on voting technology 
     improvements as authorized under part 3 of subtitle D of 
     title II of such Act, and $2,000,000, shall be to conduct a 
     pilot program for grants to States and units of local 
     government for pre-election logic and accuracy testing and 
     post-election voting systems verification.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $335,794,000: Provided, That $334,794,000 of offsetting 
     collections shall be assessed and collected pursuant to 
     section 9 of title I of the Communications Act of 1934, shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2010 so as to result in a final fiscal year 2010 
     appropriation estimated at $1,000,000: Provided further, That 
     any offsetting collections received in excess of $334,794,000 
     in fiscal year 2010 shall not be available for obligation: 
     Provided further, That remaining offsetting collections from 
     prior years collected in excess of the amount specified for 
     collection in each such year and otherwise becoming available 
     on October 1, 2009, shall not be available for obligation: 
     Provided further, That notwithstanding 47 U.S.C. 
     309(j)(8)(B), proceeds from the use of a competitive bidding 
     system that may be retained and made available for obligation 
     shall not exceed $85,000,000 for fiscal year 2010.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $37,942,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $65,100,000, of which not to exceed $5,000 shall be available 
     for reception and representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $24,773,000: Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $291,700,000, to remain available until expended: Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718: Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $102,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation: Provided further, That, notwithstanding any 
     other provision of law, not to exceed $19,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation: 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 not more 
     than $170,700,000: Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $459,900,000. Amounts in the Fund, including 
     revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space adjustments and telecommunications 
     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $8,465,585,000, 
     of which: (1) $722,537,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       Alabama:
       Mobile, United States Courthouse, $96,000,000.
       California:
       Calexico, Calexico West, Land Port of Entry, $9,437,000.
       Colorado:
       Lakewood, Denver Federal Center Remediation, $9,962,000.
       District of Columbia:
       Columbia Plaza, $100,000,000.
       Southeast Federal Center Remediation, $15,000,000.
       Florida:
       Miami, Federal Bureau of Investigation Field Office 
     Consolidation, $190,675,000.
       Georgia:
       Savannah, United States Courthouse, $7,900,000
       Maine:
       Madawaska, Land Port of Entry, $50,127,000.
       Maryland:
       White Oak, Food and Drug Administration Consolidation, 
     $137,871,000.
       Greenbelt, United States Courthouse, $10,000,000.
       Texas:
       El Paso, Tornillo-Guadalupe, Land Port of Entry, 
     $91,565,000.
       San Antonio, United States Courthouse, $4,000,000:
       Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2011 and remain in the 
     Federal Buildings Fund except for funds for projects

[[Page H8224]]

     as to which funds for design or other funds have been 
     obligated in whole or in part prior to such date; (2) 
     $400,276,000 shall remain available until expended for 
     repairs and alterations, which includes associated design and 
     construction services:
       Repairs and Alterations:
       District of Columbia:
       East Wing Infrastructure Systems Replacement, $35,000,000.
       Eisenhower Executive Office Building (roof replacement), 
     $15,000,000.
       New Executive Office Building, $30,276,000.
       Special Emphasis Programs:
       Fire and Life Safety Program, $20,000,000.
       Energy and Water Retrofit and Conservation Measures, 
     $20,000,000.
       Federal High-Performance Green Buildings--Energy 
     Independence and Security Act of 2007, $20,000,000.
       Basic Repairs and Alterations, $260,000,000:
       Provided further, That funds made available in this or any 
     previous Act in the Federal Buildings Fund for Repairs and 
     Alterations shall, for prospectus projects, be limited to the 
     amount identified for each project, except each project in 
     this or any previous Act may be increased by an amount not to 
     exceed 10 percent unless advance approval is obtained from 
     the Committees on Appropriations of a greater amount: 
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2011 and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That the amount provided in this or any 
     prior Act for Basic Repairs and Alterations may be used to 
     pay claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects; (3) $140,525,000 
     for installment acquisition payments including payments on 
     purchase contracts which shall remain available until 
     expended; (4) $4,861,871,000 for rental of space which shall 
     remain available until expended; and (5) $2,340,376,000 for 
     building operations which shall remain available until 
     expended: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, has not been approved, 
     except that necessary funds may be expended for each project 
     for required expenses for the development of a proposed 
     prospectus: Provided further, That funds available in the 
     Federal Buildings Fund may be expended for emergency repairs 
     when advance approval is obtained from the Committees on 
     Appropriations: Provided further, That amounts necessary to 
     provide reimbursable special services to other agencies under 
     40 U.S.C. 592(b)(2), and amounts to provide such reimbursable 
     fencing, lighting, guard booths, and other facilities on 
     private or other property not in Government ownership or 
     control as may be appropriate to enable the United States 
     Secret Service to perform its protective functions pursuant 
     to 18 U.S.C. 3056, shall be available from such revenues and 
     collections: Provided further, That revenues and collections 
     and any other sums accruing to this Fund during fiscal year 
     2010, excluding reimbursements under 40 U.S.C. 592(b)(2) in 
     excess of the aggregate new obligational authority authorized 
     for Real Property Activities of the Federal Buildings Fund in 
     this Act shall remain in the Fund and shall not be available 
     for expenditure except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; and services as authorized by 
     5 U.S.C. 3109; $63,165,000, of which $3,000,000, to be 
     available until expended, is provided for the Office of 
     Federal High-Performance Green Buildings.

                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; the Civilian Board of Contract Appeals; 
     services as authorized by 5 U.S.C. 3109; and not to exceed 
     $7,500 for official reception and representation expenses; 
     $72,881,000, of which $1,000,000 shall be for a payment to 
     the Oklahoma City National Memorial Foundation as authorized 
     by 16 U.S.C. 450ss-5.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $60,080,000: 
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

                       electronic government fund

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $33,000,000, to remain available 
     until expended: Provided, That these funds may be transferred 
     to Federal agencies to carry out the purpose of the Fund: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That such transfers may not be made 
     until 10 days after a proposed spending plan and explanation 
     for each project to be undertaken has been submitted to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

           allowances and office staff for former presidents

       For carrying out the provisions of the Act of August 25, 
     1958 (3 U.S.C. 102 note), and Public Law 95-138, $3,756,000.

                     federal citizen services fund

       For necessary expenses of the Office of Citizen Services, 
     including services authorized by 5 U.S.C. 3109, $36,515,000, 
     to be deposited into the Federal Citizen Services Fund: 
     Provided, That the appropriations, revenues, and collections 
     deposited into the Fund shall be available for necessary 
     expenses of Federal Citizen Services activities in the 
     aggregate amount not to exceed $61,000,000. Appropriations, 
     revenues, and collections accruing to this Fund during fiscal 
     year 2010 in excess of such amount shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

       Sec. 501.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 502.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2010 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 503.  Except as otherwise provided in this title, 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2011 request for United States Courthouse 
     construction only if the request: (1) meets the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     (2) reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan; and (3) includes a standardized courtroom utilization 
     study of each facility to be constructed, replaced, or 
     expanded.
       Sec. 504.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 505.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.
       Sec. 506.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of General Services under 40 U.S.C. 3307, 
     the Administrator shall ensure that the delineated area of 
     procurement is identical to the delineated area included in 
     the prospectus for all lease agreements, except that, if the 
     Administrator determines that the delineated area of the 
     procurement should not be identical to the delineated area 
     included in the prospectus, the Administrator shall provide 
     an explanatory statement to each of such committees and the

[[Page H8225]]

     House and Senate Committees on Appropriations prior to 
     exercising any lease authority provided in the resolution.
       Sec. 507.  In furtherance of the emergency management 
     policy set forth in the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act, the Administrator of the 
     General Services Administration may provide for the use of 
     the Federal supply schedules of the General Services 
     Administration by relief and disaster assistance 
     organizations as described in section 309 of that Act. 
     Purchases under this authority shall be limited to use in 
     preparation for, response to, and recovery from hazards as 
     defined in section 602 of that Act.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $40,339,000 
     together with not to exceed $2,579,000 for administrative 
     expenses to adjudicate retirement appeals to be transferred 
     from the Civil Service Retirement and Disability Fund in 
     amounts determined by the Merit Systems Protection Board.

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

 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

                     (including transfer of funds)

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $2,200,000, to remain 
     available until expended, of which up to $50,000 shall be 
     used to conduct financial audits pursuant to the 
     Accountability of Tax Dollars Act of 2002 (Public Law 107-
     289) notwithstanding sections 8 and 9 of Public Law 102-259: 
     Provided, That up to 60 percent of such funds may be 
     transferred by the Morris K. Udall Scholarship and Excellence 
     in National Environmental Policy Foundation for the necessary 
     expenses of the Native Nations Institute.

                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $3,800,000, to remain 
     available until expended.

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents and the activities of the 
     Public Interest Declassification Board, and for the hire of 
     passenger motor vehicles, and for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901 et seq.), 
     including maintenance, repairs, and cleaning, $339,770,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General 
     Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16 
     (2008), and the Inspector General Act of 1978 (5 U.S.C. 
     Appendix), and for the hire of passenger motor vehicles, 
     $4,100,000.

                      electronic records archives

       For necessary expenses in connection with the development 
     of the electronic records archives, to include all direct 
     project costs associated with research, analysis, design, 
     development, and program management, $85,500,000, of which 
     $61,757,000 shall remain available until September 30, 2012: 
     Provided, That none of the multi-year funds may be obligated 
     until the National Archives and Records Administration 
     submits to the Committees on Appropriations, and such 
     Committees approve, a plan for expenditure that: (1) meets 
     the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11; (2) complies with the 
     National Archives and Records Administration's enterprise 
     architecture; (3) conforms with the National Archives and 
     Records Administration's enterprise life cycle methodology; 
     (4) is approved by the National Archives and Records 
     Administration and the Office of Management and Budget; (5) 
     has been reviewed by the Government Accountability Office; 
     and (6) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.

                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $27,500,000, to remain available until expended.

        national historical publications and records commission

                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $13,000,000, to remain available until expended.

                  National Credit Union Administration

                       central liquidity facility

       During fiscal year 2010, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall be the amount authorized by section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)): Provided, That administrative expenses of 
     the Central Liquidity Facility in fiscal year 2010 shall not 
     exceed $1,250,000.

               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 
     shall be available until September 30, 2011 for technical 
     assistance to low-income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, and the Ethics Reform Act of 1989, including 
     services as authorized by 5 U.S.C. 3109, rental of conference 
     rooms in the District of Columbia and elsewhere, hire of 
     passenger motor vehicles, and not to exceed $1,500 for 
     official reception and representation expenses, $14,415,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953; and payment of per diem and/or 
     subsistence allowances to employees where Voting Rights Act 
     activities require an employee to remain overnight at his or 
     her post of duty, $97,970,000, of which $5,908,000 shall 
     remain available until expended for the Enterprise Human 
     Resources Integration project; $1,364,000 shall remain 
     available until expended for the Human Resources Line of 
     Business project; and in addition $113,238,000 for 
     administrative expenses, to be transferred from the 
     appropriate trust funds of the Office of Personnel Management 
     without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs, of which $9,364,000 shall remain 
     available until expended for the cost of implementing the new 
     integrated financial system, and of which $4,248,000 shall 
     remain available until expended for the cost of automating 
     the retirement recordkeeping systems: Provided, That the 
     provisions of this appropriation shall not affect the 
     authority to use applicable trust funds as provided by 
     sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United 
     States Code: Provided further, That no part of this 
     appropriation shall be available for salaries and expenses of 
     the Legal Examining Unit of the Office of Personnel 
     Management established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose: 
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during fiscal year 2010, accept 
     donations of money, property, and personal services: Provided 
     further, That such donations, including those from prior 
     years, may be used for the development of publicity materials 
     to provide information about the White House Fellows, except 
     that no such donations shall be accepted for travel or 
     reimbursement of travel expenses, or for the salaries of 
     employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, including services as authorized by 5 U.S.C. 3109, 
     hire of passenger motor vehicles, $3,148,000, and in 
     addition, not to exceed $20,428,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General: Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.

[[Page H8226]]

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 107-304, and the Uniformed Services 
     Employment and Reemployment Rights Act of 1994 (Public Law 
     103-353), including services as authorized by 5 U.S.C. 3109, 
     payment of fees and expenses for witnesses, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     and hire of passenger motor vehicles; $18,495,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435), up to $14,333,000, 
     to be derived by transfer from the Postal Service Fund and 
     expended as authorized by section 603(a) of such Act: 
     Provided, That unobligated balances remaining in this account 
     on October 1, 2009 shall be transferred back to the Postal 
     Service Fund: Provided further, That unobligated balances 
     remaining in this account on October 1, 2010 shall be 
     transferred back to the Postal Service Fund.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (5 
     U.S.C. 601 note), $2,000,000, to remain available until 
     September 30, 2011.

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $1,036,000,000, to remain available until expended; of which 
     not less than $4,400,000 shall be for the Office of Inspector 
     General; of which not to exceed $20,000 may be used toward 
     funding a permanent secretariat for the International 
     Organization of Securities Commissions; and of which not to 
     exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (1) 
     such incidental expenses as meals taken in the course of such 
     attendance; (2) any travel and transportation to or from such 
     meetings; and (3) any other related lodging or subsistence: 
     Provided, That fees and charges authorized by sections 6(b) 
     of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), 
     and 13(e), 14(g) and 31 of the Securities Exchange Act of 
     1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited 
     to this account as offsetting collections: Provided further, 
     That not to exceed $1,025,780,000 of such offsetting 
     collections shall be available until expended for necessary 
     expenses of this account: Provided further, That $10,220,000 
     shall be derived from prior year unobligated balances from 
     funds previously appropriated to the Securities and Exchange 
     Commission: Provided further, That the total amount 
     appropriated under this heading from the general fund for 
     fiscal year 2010 shall be reduced as such offsetting fees are 
     received so as to result in a final total fiscal year 2010 
     appropriation from the general fund estimated at not more 
     than $0.

                        Selective Service System

                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $24,150,000: Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense: Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                     Small Business Administration

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $428,387,000: Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act: Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations: Provided further, That $110,000,000 shall be 
     available to fund grants for performance in fiscal year 2010 
     or fiscal year 2011 as authorized, of which $1,000,000 shall 
     be for the Veterans Assistance and Services Program 
     authorized by section 21(n) of the Small Business Act, as 
     added by section 107 of Public Law 110-186, and of which 
     $1,000,000 shall be for the Small Business Energy Efficiency 
     Program authorized by section 1203(c) of Public Law 110-140: 
     Provided further, That $11,690,500 shall be available for the 
     Loan Modernization and Accounting System, to be available 
     until September 30, 2011: Provided further, That $10,000,000, 
     to remain available until September 30, 2011, shall be for 
     expenses for the relocation of the headquarters of the Small 
     Business Administration.

                      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, $16,300,000.

                 surety bond guarantees revolving fund

       For additional capital for the Surety Bond Guarantees 
     Revolving Fund, authorized by the Small Business Investment 
     Act of 1958, $1,000,000, to remain available until expended.

                     business loans program account

                     (including transfers of funds)

       For the cost of direct loans, $3,000,000, to remain 
     available until expended, and for the cost of guaranteed 
     loans, $80,000,000, as authorized by section 7(a) of the 
     Small Business Act, to remain available until expended: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2010 commitments to guarantee loans 
     under section 503 of the Small Business Investment Act of 
     1958 shall not exceed $7,500,000,000: Provided further, That 
     during fiscal year 2010 commitments for general business 
     loans authorized under section 7(a) of the Small Business Act 
     shall not exceed $17,500,000,000: Provided further, That 
     during fiscal year 2010 commitments to guarantee loans for 
     debentures under section 303(b) of the Small Business 
     Investment Act of 1958, shall not exceed $3,000,000,000: 
     Provided further, That during fiscal year 2010, guarantees of 
     trust certificates authorized by section 5(g) of the Small 
     Business Act shall not exceed a principal amount of 
     $12,000,000,000. In addition, for administrative expenses to 
     carry out the direct and guaranteed loan programs, 
     $153,000,000, which may be paid to the appropriations account 
     for Salaries and Expenses.

                     disaster loans program account

                     (including transfers of funds)

       For the cost of guaranteed loans, including the cost of 
     modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, $1,690,000, to remain 
     available until expended, of which $352,357 is for loan 
     guarantees as authorized by section 42 of the Small Business 
     Act, and $1,337,643 is for loan guarantees as authorized by 
     section 12085 of Public Law 110-246.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $102,310,000, to be 
     available until expended, of which $91,000,000 is for direct 
     administrative expenses of loan making and servicing to carry 
     out the direct loan program, which may be paid to the 
     appropriations for Salaries and Expenses; of which $9,000,000 
     is for indirect administrative expenses for the direct loan 
     program, which may be paid to the appropriations for Salaries 
     and Expenses; of which $1,000,000 is for

[[Page H8227]]

     the Office of Inspector General of the Small Business 
     Administration for audits and reviews of disaster loans and 
     the disaster loan programs and shall be paid to the 
     appropriations for the Office of Inspector General; and of 
     which $1,310,000 is for administrative expenses to carry out 
     the guaranteed loan programs, which may be paid to the 
     appropriations account for Salaries and Expenses.

        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 510.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Small 
     Business Administration 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 paragraph shall 
     be treated as a reprogramming of funds under section 608 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 511.  For an additional amount under the heading 
     ``Small Business Administration--Salaries and Expenses'', 
     $62,300,000, to remain available until September 30, 2011, 
     which shall be for initiatives related to small business 
     development and entrepreneurship, including programmatic and 
     construction activities, in the amounts and for the purposes 
     specified in the table that appears under the heading 
     ``Administrative Provisions--Small Business Administration'' 
     in the reports of the Committees on Appropriations of the 
     House of Representatives and the Senate accompanying this 
     Act.

                      United States Postal Service

                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $118,328,000, of which $89,328,000 shall not be available for 
     obligation until October 1, 2010: Provided, That mail for 
     overseas voting and mail for the blind shall continue to be 
     free: Provided further, That 6-day delivery and rural 
     delivery of mail shall continue at not less than the 1983 
     level: Provided further, That none of the funds made 
     available to the Postal Service by this Act shall be used to 
     implement any rule, regulation, or policy of charging any 
     officer or employee of any State or local child support 
     enforcement agency, or any individual participating in a 
     State or local program of child support enforcement, a fee 
     for information requested or provided concerning an address 
     of a postal customer: Provided further, That none of the 
     funds provided in this Act shall be used to consolidate or 
     close small rural and other small post offices in fiscal year 
     2010.

                      office of inspector general

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, up to $244,397,000, to be derived by transfer from 
     the Postal Service Fund and expended as authorized by section 
     603(b)(3) of the Postal Accountability and Enhancement Act 
     (Public Law 109-435): Provided, That unobligated balances 
     remaining in this account on October 1, 2009 shall be 
     transferred back to the Postal Service Fund: Provided 
     further, That unobligated balances remaining in this account 
     on October 1, 2010 shall be transferred back to the Postal 
     Service Fund

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $49,242,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2010, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates 
     or reorganizes offices, programs, or activities unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     prior to any significant reorganization or restructuring of 
     offices, programs, or activities, each agency or entity 
     funded in this Act shall consult with the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit a report to the Committees on Appropriations 
     of the House of Representatives and the Senate to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year: Provided further, 
     That the report shall include: (1) a table for each 
     appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest: Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2010 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2010 in this Act, shall remain available through 
     September 30, 2011, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds: Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by

[[Page H8228]]

     the Federal Government of information technology (as defined 
     in section 11101 of title 40, United States Code), that is a 
     commercial item (as defined in section 4(12) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(12)).
       Sec. 616.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 617.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2009, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2010 shall remain available until 
     expended.
       Sec. 618.  During fiscal year 2010, for purposes of section 
     908(b)(1) of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term 
     ``payment of cash in advance'' shall be interpreted as 
     payment before the transfer of title to, and control of, the 
     exported items to the Cuban purchaser.
       Sec. 619.  None of the funds made available in this Act may 
     be used to implement or enforce section 101(a) of the 
     Consumer Product Safety Improvement Act of 2008 in regards to 
     off-highway vehicles. For purposes of this section the term 
     ``off-highway vehicles'' mean motorized vehicle designed to 
     travel on 2, 3, or 4 wheels, having a seat designed to be 
     straddled by the operator and handlebars for steering 
     control, and such term includes snowmobiles.
       Sec. 620. (a) Section 101(a)(1) of the Federal and District 
     of Columbia Government Real Property Act of 2006 (Public Law 
     109-396; 120 Stat. 2711) is amended to read as follows:
       ``(1) In general.--
       ``(A) U.S. reservation 13.--On the date on which the 
     District of Columbia conveys to the Administrator of General 
     Services all right, title, and interest of the District of 
     Columbia in the property described in subsection (c), the 
     Administrator shall convey to the District of Columbia all 
     right, title, and interest of the United States in U.S. 
     Reservation 13, subject to the conditions described in 
     subsection (b).
       ``(B) Old naval hospital.--Not later than 60 days after the 
     date of the enactment of the Financial Services and General 
     Government Appropriations Act, 2010, the Administrator shall 
     convey to the District of Columbia all right, title, and 
     interest of the United States in Old Naval Hospital.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Federal and District 
     of Columbia Government Real Property Act of 2006.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2010 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $13,197 
     except station wagons for which the maximum shall be $13,631: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992 (Public Law 102-404): 
     Provided, That for the purpose of this section, an affidavit 
     signed by any such person shall be considered prima facie 
     evidence that the requirements of this section with respect 
     to his or her status have been complied with: Provided 
     further, That any person making a false affidavit shall be 
     guilty of a felony, and, upon conviction, shall be fined no 
     more than $4,000 or imprisoned for not more than 1 year, or 
     both: Provided further, That the above penal clause shall be 
     in addition to, and not in substitution for, any other 
     provisions of existing law: Provided further, That any 
     payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government. This section shall not apply to 
     citizens of Ireland, Israel, or the Republic of the 
     Philippines, or to nationals of those countries allied with 
     the United States in a current defense effort, or to 
     international broadcasters employed by the Broadcasting Board 
     of Governors, or to temporary employment of translators, or 
     to temporary employment in the field service (not to exceed 
     60 days) as a result of emergencies: Provided further, That 
     this section does not apply to the employment as Wildland 
     firefighters for not more than 120 days of nonresident aliens 
     employed by the Department of the Interior or the USDA Forest 
     Service pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.

[[Page H8229]]

       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2010, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2010, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2010, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2010 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2010 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2009, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2009, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2009.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 711.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 712.  Notwithstanding section 31 U.S.C 1346, or 
     section 708 of this Act, funds made available for the current 
     fiscal year by this or any other Act shall be available for 
     the interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 12472 (April 3, 1984).
       Sec. 713. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to 5 U.S.C. 3302, without a 
     certification to the Office of Personnel Management from the 
     head of the Federal department, agency, or other 
     instrumentality employing the Schedule C appointee that the 
     Schedule C position was not created solely or primarily in 
     order to detail the employee to the White House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; and
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 714.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 715. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasireligious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 716.  No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with

[[Page H8230]]

     the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that they do not bar 
     disclosures to Congress, or to an authorized official of an 
     executive agency or the Department of Justice, that are 
     essential to reporting a substantial violation of law.
       Sec. 717.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 718.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 719.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 720.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 721. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.

                          (transfer of funds)

       Sec. 723.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, the head of each Executive department and agency 
     is hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts: Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide financial, information technology, 
     procurement, and other management innovations, initiatives, 
     and activities, as approved by the Director of the Office of 
     Management and Budget, in consultation with the appropriate 
     interagency groups designated by the Director (including the 
     President's Management Council for overall management 
     improvement initiatives, the Chief Financial Officers Council 
     for financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, the Chief Acquisition Officers Council for 
     procurement initiatives, and the Performance Improvement 
     Council for performance improvement initiatives): Provided 
     further, That the total funds transferred or reimbursed shall 
     not exceed $17,000,000: Provided further, That such transfers 
     or reimbursements may only be made after 15 days following 
     notification of the Committees on Appropriations by the 
     Director of the Office of Management and Budget.
       Sec. 724.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 725.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities: Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science and Technology, and the Senate 
     Committee on Commerce, Science, and Transportation 90 days 
     after enactment of this Act.
       Sec. 726.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided: Provided, That this provision shall apply to 
     direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any non-Federal 
     government Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission to the Federal government of 
     personally identifiable information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 728. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 729.  The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 730.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 731.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 732.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.

[[Page H8231]]

       Sec. 733. (a) For fiscal year 2010, no funds shall be 
     available for transfers or reimbursements to the E-Government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget and receipt of approval to transfer 
     funds by the Committees on Appropriations of the House of 
     Representatives and the Senate.
       (b) The report in (a) and other required justification 
     materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new E-Government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 734.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 735.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 736.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 737.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually-billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508): Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
     Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 738. (a) Definitions.--For purposes of this section 
     the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 739. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 740.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 741.  Notwithstanding section 748 of division D of the 
     Omnibus Appropriations Act, 2009, the President may modify or 
     replace Executive Order 13423 if the President determines 
     that a revised or new Executive Order will achieve equal or 
     better environmental or energy efficiency results in terms of 
     emission of greenhouse gases, use of renewable energy, 
     reduction in water use, sustainable environmental practices, 
     toxic and hazardous chemicals, construction and renovation 
     practices, vehicle consumption of petroleum products, and use 
     of electronic equipment and its disposition and notifies the 
     appropriate committees of Congress at least 15 days in 
     advance of the change.
       Sec. 742.  Not later than 120 days after enactment of this 
     Act, each executive department and agency shall submit to the 
     Director of the Office of Management and Budget a report 
     stating the total size of its workforce, differentiated by 
     number of civilian, military, and contract workers as of 
     December 31, 2009. Not later than 180 days after enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committee a comprehensive statement 
     delineating the workforce data by individual department and 
     agency, as well as aggregate totals of civilian, military, 
     and contract workers.
       Sec. 743. (a)(1) Not later than the end of the third 
     quarter of fiscal year 2010 and each subsequent fiscal year, 
     and for each department or agency not later than its 
     inventory required under the Federal Activities Inventory 
     Reform Act of 1998 (Public Law 105-270), the head of each 
     Federal department or agency (other than the Department of 
     Defense) shall submit to Congress an annual inventory of the 
     activities performed during the preceding fiscal year 
     pursuant to contracts for services for or on behalf of such 
     department or agency, as the case may be. The entry for an 
     activity on an inventory under this section shall include, 
     for the fiscal year covered by such entry, the following:
       (A) The functions performed by the contractor.
       (B) The contracting organization, the component of the 
     department or agency administering the contract, and the 
     organization whose requirements are being met through 
     contractor performance of the function.
       (C) The dollar size and funding source for the contract 
     under which the function is performed by appropriation and 
     operating agency.
       (D) The fiscal year for which the activity first appeared 
     on an inventory under this section.
       (E) The number of full-time contractor employees (or its 
     equivalent) paid for the performance of the activity.
       (F) A determination whether the contract pursuant to which 
     the activity is performed is a personal services contract.
       (G) Whether the contract has been performed pursuant to a 
     contract awarded on a noncompetitive basis, either originally 
     or upon a subsequent renewal.
       (H) Whether the contract has been performed poorly, as 
     determined by a contracting officer, during the 5-year period 
     preceding the date of such determination, because of 
     excessive costs or inferior quality.
       (2) The inventory required under this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Not later than 30 days after the date on which an 
     inventory with respect to a department or agency is required 
     to be submitted to Congress under subsection (a), the head of 
     such department or agency shall--

[[Page H8232]]

       (1) make the inventory available to the public; and
       (2) publish in the Federal Register a notice that the 
     inventory is available to the public.
       (c) Not later than 90 days after the date on which an 
     inventory is submitted under subsection (a), the head of the 
     department or agency, or component thereof, responsible for 
     activities in the inventory shall--
       (1) review the contracts and activities in the inventory 
     for which such head is responsible;
       (2) ensure that--
       (A) each contract on the list that is a personal services 
     contract has been entered into, and is being performed, in 
     accordance with applicable statutory and regulatory 
     requirements;
       (B) the activities on the list do not include any 
     inherently governmental functions; and
       (C) to the maximum extent practicable, the activities on 
     the list do not include any functions closely associated with 
     inherently governmental functions;
       (3) identify activities that should be considered for 
     conversion--
       (A) to performance by employees of the department or 
     agency; or
       (B) to an acquisition approach that would be more 
     advantageous to the department or agency; and
       (4) develop a plan to provide for appropriate consideration 
     of the conversion of activities identified under paragraph 
     (3) within a reasonable period of time.
       (d) Nothing in this section shall be construed to authorize 
     the performance of personal services by a contractor except 
     where expressly authorized by a provision of law other than 
     this section.
       (e)(1) The term ``function closely associated with 
     inherently governmental functions'' means the functions 
     described in section 7.503(d) of the Federal Acquisition 
     Regulation.
       (2) The term ``inherently governmental functions'' has the 
     meaning given such term in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation.
       (3) The term ``personal services contract'' means a 
     contract under which, as a result of its terms or conditions 
     or the manner of its administration during performance, 
     contractor personnel are subject to the relatively continuous 
     supervision and control of one or more Government officers or 
     employees, except that the giving of an order for a specific 
     article or service, with the right to reject the finished 
     product or result, is not the type of supervision or control 
     that makes a contract a personal services contract.
       Sec. 744.  Congress requests the President, and directs the 
     Attorney General, to transmit to each House of Congress, not 
     later than 14 days after the date of the adoption of this 
     Act, copies of any portions of all documents, records, and 
     communications in their possession referring or relating to 
     the notification of rights under Miranda v. Arizona, 384 U.S. 
     436 (1966), by the Department of Justice, including all 
     component agencies, to captured foreign persons who are 
     suspected of terrorism and detainees in the custody of the 
     Armed Forces of the United States.
       Sec. 745. (a) None of the funds made available in this or 
     any other Act may be used to obtain a financial or ownership 
     interest (or right to acquire such an interest) in an 
     automobile manufacturer that deprives an automobile dealer of 
     its economic rights under a dealer agreement and does not 
     assume (or assign to a successor in interest) each dealer 
     agreement which is valid and in existence (and has not been 
     lawfully terminated under applicable State law) before the 
     date of the commencement of a case under title 11 of the 
     United States Code by such automobile manufacturer.
       (b) Any automobile manufacturer with respect to which the 
     Federal Government has a financial or ownership interest (or 
     right to acquire such an interest) shall, to the extent that 
     a valid dealer agreement existing immediately before the date 
     of the commencement of a case under title 11 of the United 
     States Code by such automobile manufacturer is not assumed by 
     or assigned to another automobile manufacturer, require any 
     new entity created in such case to enter into a new dealer 
     agreement with the dealer whose agreement was not so assumed 
     or assigned, and on the same terms as existed immediately 
     before such date.
       Sec. 746.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

       Sec. 801.  Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802.  Appropriations in this Act shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 804. (a) None of the Federal funds provided in this 
     Act shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter.
       Sec. 805. (a) None of the Federal funds provided under this 
     Act to the agencies funded by this Act, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2010, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this Act, shall be available for obligation or 
     expenditures for an agency through a reprogramming of funds 
     which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate and the President are notified 
     in writing 15 days in advance of the reprogramming.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 1, 2010.
       Sec. 806.  Consistent with the provisions of section 
     1301(a) of title 31, United States Code, appropriations under 
     this Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 808.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 809. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 810.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 811.  None of the Federal funds contained in this Act 
     may be used to enact or carry out any law, rule, or 
     regulation to legalize or otherwise reduce penalties 
     associated with the possession, use, or distribution of any 
     schedule I substance under the Controlled Substances Act (21 
     U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

[[Page H8233]]

       Sec. 812.  None of the Federal funds appropriated under 
     this Act shall be expended for any abortion except where the 
     life of the mother would be endangered if the fetus were 
     carried to term or where the pregnancy is the result of an 
     act of rape or incest.
       Sec. 813. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer of 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia, a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2010 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency for which 
     the Chief Financial Officer of the District of Columbia 
     certifies that a reallocation is required to address 
     unanticipated changes in program requirements.
       Sec. 814.  No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer of the 
     District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council for the 
     District of Columbia, a revised appropriated funds operating 
     budget for the District of Columbia Public Schools that 
     aligns schools budgets to actual enrollment. The revised 
     appropriated funds budget shall be in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (D.C. Official Code, Sec. 1-204.42).
       Sec. 815.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred, shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 816.  None of the funds contained in this Act may be 
     used to distribute any needle or syringe for the hypodermic 
     injection of any illegal drug in any area of the District of 
     Columbia which is within 1,000 feet of a public or private 
     day care center, elementary school, vocational school, 
     secondary school, college, junior college, or university, or 
     any public swimming pool, park, playground, video arcade, or 
     youth center, or an event sponsored by any such entity.
       Sec. 817.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.

  The CHAIR. No amendment to the bill shall be in order except those 
printed in House Report 111-208. Each amendment may be offered only in 
the order printed in the report, may be offered only by a Member 
designated in the report, shall be considered read, shall be debatable 
for 10 minutes equally divided and controlled by the proponent and an 
opponent, and shall not be subject to a demand for division of the 
question.
  After consideration of the bill for amendment, the chair and ranking 
minority member of the Committee on Appropriations or their designees 
each may offer one pro forma amendment to the bill for the purpose of 
debate, which shall be controlled by the proponent.


                 Amendment No. 1 Offered by Mr. Serrano

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
House Report 111-208.
  Mr. SERRANO. Mr. Chairman, I rise to offer amendment No. 1 printed in 
the report of the Committee on Rules.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Serrano:
       Page 57, line 24, insert ``(increased by $4,875,000)'' 
     after the dollar amount.
       Page 64, line 5, insert ``(reduced by $5,125,000'' after 
     the first dollar amount.
       Page 68, line 11, insert ``(reduced by $2,875,000)'' after 
     the dollar amount.
       Page 68, line 13, insert ``(reduced by $2,250,000)'' after 
     the dollar amount.
       Page 79, line 21, insert ``(increased by $250,000)'' after 
     the dollar amount.
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of Federal 
     departments and agencies in contravention of sections 301-
     10.122 through 301-10.124 of title 41, Code of Federal 
     Regulations.

  The CHAIR. Pursuant to House Resolution 644, the gentleman from New 
York (Mr. Serrano) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. SERRANO. Mr. Chairman, this amendment does several things. First, 
it increases FY 2010 funding for the Consumer Product Safety Commission 
by $4.9 million to its authorized level of $118,200,000. I thank my 
colleagues Debbie Wasserman Schultz and Rosa DeLauro for cosponsoring 
my amendment to increase funding for the CPSC. Recently enacted 
consumer protection legislation has increased the workload of the CPSC 
considerably. The Consumer Product Safety Improvement Act was signed 
into law last August. This law sets strict limits on the amount of lead 
and chemicals that can be used in making children's products. The CPSC 
has faced many challenges in implementing the new law, and this 
additional funding will enable them to fully address workload needs.
  This amendment incorporates an amendment first offered by my 
colleague Mr. Hastings to provide an additional $250,000 for the 
National Credit Union Administration's Community Development Revolving 
Loan Fund. This is a worthy program that provides loans and grants to 
credit unions that serve low-income communities with the goal of 
improving the quality of financial services provided to those 
communities.
  This amendment also incorporates an amendment first offered by my 
colleague Mr. Cuellar to prohibit the use of funds for first-class 
travel for employees of agencies funded by the bill. I think it makes 
sense to prohibit first-class travel for Federal employees.
  I will close by saying that this is a good amendment, and I urge my 
colleagues to join me in supporting it.
  I reserve the balance of my time.
  Mrs. EMERSON. Mr. Chairman, I claim time in opposition to the 
manager's amendment.
  The CHAIR. The gentlewoman from Missouri is recognized for 5 minutes.
  Mrs. EMERSON. Mr. Chairman, while I don't oppose the content of this 
amendment, I do oppose the process in which it was offered.
  Mr. Chairman, this is a controversial bill to many Americans. 
Increasing spending by $1.6 billion, or 7 percent, should be allowed to 
be debated under this bill. In addition, the changes in long-standing 
policy on abortion and on medical marijuana should also have an 
opportunity to be debated. I think that the responsible regular 
functioning of this institution is so important, especially on spending 
measures that demand the full attention of Congress, because they've 
got the full attention of the American people.
  As my colleagues know, a manager's amendment traditionally is meant 
not to be controversial. It's meant to be offered and supported by both 
sides of the aisle to improve the bill in ways on which we can all 
agree. The manager's amendment is meant to have a quick debate, 
typically followed by debate on more difficult issues. Taking three 
proposed amendments by our Democratic colleagues and rolling them into 
a manager's amendment while prohibiting debate on the majority of 
amendments submitted by the Republicans is not in the tradition of this 
House or the tradition of what a manager's amendment should be.
  I urge a ``no'' vote.
  I yield back the balance of my time.
  Mr. SERRANO. Mr. Chairman, I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New York (Mr. Serrano).
  The amendment was agreed to.


                 Amendment No. 2 Offered by Mr. Paulsen

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
House Report 111-208.
  Mr. PAULSEN. 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. 2 offered by Mr. Paulsen:
       Page 6, line 25, after the dollar amount insert 
     ``(increased by $15,000,000)''.
       Page 63, line 6, after the dollar amount insert ``(reduced 
     by $15,000,000)''.
       Page 64, line 5, after the first dollar amount insert 
     ``(reduced by $15,000,000)''.
       Page 68, line 11, after the dollar amount insert ``(reduced 
     by $15,000,000)''.

  The CHAIR. Pursuant to House Resolution 644, the gentleman from 
Minnesota (Mr. Paulsen) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. PAULSEN. I yield myself as much time as I may consume.
  Mr. Chair, I rise today to offer an amendment that would provide an 
additional $15 million for the Financial

[[Page H8234]]

Crimes Enforcement Network, which is also known as FinCEN. The 
Department of the Treasury established FinCEN in 1990 to provide a 
government-wide multi-source financial intelligence and analysis 
network. The agency's functions have expanded over the years and now 
include some regulatory responsibilities as well as providing important 
information on new incidents and patterns of fraud to the SEC, 
Department of Justice, the FBI and other intelligence organizations.
  Now part of the Department of Treasury's Office of Terrorism and 
Financial Intelligence, FinCEN is also the lead office in fighting the 
financial war on terror, combating financial crime and enforcing 
economic sanctions against rogue nations. The recent economic crisis 
has demonstrated how important FinCEN's efforts are to our national 
financial security because it was FinCEN that was providing some of the 
earliest information regarding the financial crisis. FinCEN was one of 
the first to highlight the ever-growing problem of mortgage fraud, and 
it continues to track this problem today. Earlier this month, for 
instance, FinCEN helped the FBI release a new report, estimating a 36 
percent increase in mortgage fraud between fiscal years '07 and '08. We 
must make greater efforts at reversing this trend.
  The information provided to government organizations by FinCEN is 
essential to catch criminals and defeat terrorists. The ability to 
follow the money trail really and truly provides our intelligence and 
law enforcement community with information that leads to a broader 
understanding of terrorist organizations and drug dealers.
  My amendment will provide FinCEN with additional resources and is an 
investment in the financial and economic security of the country. 
FinCEN is currently going through a process of modernizing and 
upgrading their technologies so they are better equipped to monitor, 
detect and battle crimes in the 21st century. We need these efforts to 
support continued success. Investing in FinCEN's IT modernization will 
provide a greater capability of identifying those who have 
misrepresented the health and size of their investments to their 
clients. It will provide the necessary tools for analyzing financial 
information and detecting criminal wrongdoing. And finally, this 
measure will provide needed support in coordination with Federal, State 
and local law enforcement. Especially in this time of economic crisis, 
our government agencies need the best information possible to confront 
these important issues of financial and economic security, and FinCEN 
can be that helper.
  I reserve the balance of my time.
  Mr. SERRANO. I ask unanimous consent to claim the time in opposition, 
although I am not opposed to the amendment.
  The CHAIR. Without objection, the gentleman from New York is 
recognized for 5 minutes.
  There was no objection.
  Mr. SERRANO. I appreciate the gentleman's attention to the Financial 
Crimes Enforcement Network. I would like to point out that the 
Appropriations Committee has been very supportive of FinCEN. The 
reported bill provides the administration's requested funding increase 
of $11.3 million, or 12.3 percent, including $10 million to begin 
upgrades of the Bank Secrecy Act database used by law enforcement and 
intelligence agencies. We recognize the intent of the gentleman. We 
think it's a good amendment, and we accept it.
  Mr. LaTOURETTE. Will the gentleman yield?
  Mr. SERRANO. I yield to the gentleman from Ohio.
  Mr. LaTOURETTE. I thank the chairman for yielding.
  I just wanted to indicate that, as I am also in support of the 
gentleman's amendment, financial crimes are really something that needs 
to be looked at. The gentleman's amendment takes care of it. And I just 
want to commend the gentleman from Minnesota, who is a new Member of 
the House, for bringing this important issue to our attention.
  Mr. SERRANO. I yield back the balance of my time.
  Mr. PAULSEN. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Minnesota (Mr. Paulsen).
  The amendment was agreed to.


            Amendment No. 3 Offered by Mr. Price of Georgia

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
House Report 111-208.
  Mr. PRICE of Georgia. Mr. Chair, I have an amendment made in order 
under the rule.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Price of Georgia:
       Page 24, strike lines 1 through 5.

  The CHAIR. Pursuant to House Resolution 644, the gentleman from 
Georgia (Mr. Price) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. PRICE of Georgia. Mr. Chairman, this is a very simple amendment. 
It strikes $4.2 million from the bill, decreases the funding in the 
bill to strike the funding for the President's Council of Economic 
Advisers.
  On January 20, 2009, when Barack Obama was inaugurated as President 
of the United States, the national unemployment rate stood at 7.6 
percent, and the outstanding public debt of the Nation stood at $10.627 
trillion. Confronted with this dire situation, the President urged 
Congress to pass an economic stimulus package. His solution--an end 
product containing $787 billion in new deficits for special interest 
giveaways.

                              {time}  1445

  Despite many of us who claimed, and I would suggest knew, that it 
wouldn't work, the American people expected immediate results because 
the President and his administration sold it as such.
  Peter Orszag, the Director of the Office of Management and Budget, in 
responding to a question from CNN on when would Americans feel some 
benefit from the job losses, stated that it will take weeks to months. 
Now the President and his administration are backtracking on the 
stimulus package. In his most recent weekly address, the President 
said, ``The Recovery Act was not designed to work in 4 months. It was 
designed to work over 2 years.''
  Well, Mr. Chairman, that is news to the American people who have 
taken notice and they have lost faith in the President's economic 
policies. Most folks think he simply doesn't have a plan that works.
  And one of the biggest cheerleaders of the President's economic 
policies, the executive offices most responsible for the ineffective 
and destructive policies that we are seeing today, is the Council of 
Economic Advisers and its chairman, Christine Romer. She touted in a 
report which served as the basis for selling the nonstimulus plan to 
the American people that under such a plan the unemployment rate would 
max out at 8 percent if the plan were adopted. In fact, she said, 
without it, the unemployment rate would top out at 9 percent.
  Well, Mr. Chairman, as you know, as well I do, to put it mildly, the 
administration and Ms. Romer were just plain wrong. The unemployment 
rate today stands at 9.5 percent, and more than 14 million individuals 
are unemployed under their watch.
  Now the Council of Economic Advisers is championing a sweeping new 
health care reform and selling it as part of the economic recovery. A 
recent report by the Council of Economic Advisers entitled, ``The 
Economic Case for Health Care Reform,'' actually claims that slowing 
the annual growth rate of health care costs by 1.5 percentage points 
would increase real domestic product. Yet using the Chair's own 
modeling, House Republicans have determined that 4.7 million jobs would 
be lost as a result of the taxes on businesses which cannot afford to 
provide health insurance coverage.
  So it has become abundantly clear, Mr. Chairman, that everything with 
this administration is about more government, more taxes, more spending 
and less jobs. If the stimulus and the health care package aren't proof 
enough, take a look at the auto bailout, the national energy tax, the 
upcoming plan to destroy the private student lending system, and on and 
on and on.
  So the question must be asked, What responsible economist would 
actually advocate for this administration's job-

[[Page H8235]]

killing policies in the midst of a recession? And the answer, Mr. 
Chairman, is the Council of Economic Advisers.
  My amendment is more than a vote to eliminate funding. It is a vote 
of ``no confidence'' on this administration's economic policies and 
those of the Council of Economic Advisers. They don't have a plan to 
get America back to work.
  I would urge that we adopt this amendment, which is a commonsense 
amendment that moves us in the direction of not only saving money but 
coming up with a responsible, commonsense plan.
  I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, I rise to oppose the amendment.
  The CHAIR. The gentleman from New York is recognized for 5 minutes.
  Mr. SERRANO. First of all, I think it is important to realize that a 
lot of Members, especially--well, all Members from the other side will 
get up and make it sound as if the last few months have been the months 
that caused the economic crisis that we are in. The fact of life is 
that this President is trying to clean up the mess that was created 
during the last 8 years, because the prior President left this economy 
in pretty much good shape. It fell apart during these last 8 years. And 
we are trying to recover.
  On this particular matter, the Council of Economic Advisers, or the 
CEA, was created in 1946 when the country faced a major economic 
crisis, just as we are doing today. At the end of the Second World War, 
many feared that the economy would sink back into depression with the 
phase-out of war spending. The Congress wanted to ensure that sound 
economic advice would be provided at the highest levels of the 
administration.
  In the wake of a stock market bubble followed by a housing bubble 
that we have recently had, people have reason to worry about where the 
growth and jobs of the future will come from. We need the CEA to help 
the administration make better policy for the future.
  Today, CEA has been involved in developing and evaluating the 
Recovery Act, health care options, energy and greenhouse gas policies, 
tax changes, job and training programs and other major economic 
challenges of our time.
  As the administration develops policies in all these critical areas, 
the CEA brings solid, scientific evidence on the economic effects of 
alternative policies into the discussion. This is probably one of those 
times where we really need this kind of a Federal agency. And this is 
not the time to do away with it.
  I reserve the balance of my time.
  Mr. PRICE of Georgia. Mr. Chairman, how much time remains on each 
side?
  The CHAIR. The gentleman has 1\1/4\ minutes remaining.
  The gentleman from New York has 2 minutes remaining.
  Mr. PRICE of Georgia. Mr. Chairman, I appreciate the comments of my 
friend, but if we could hear the American people and their response to, 
once again, this blaming previous administrations, they would say, 
look, give me a break. Give me a break.
  The American people are hurting. Millions of Americans are out of 
work. Yet the Obama administration and congressional Democrats promised 
that their $1 trillion stimulus bill would create jobs immediately and 
that the unemployment rate wouldn't rise above 8 percent.
  Instead, 1.96 million jobs have been lost since this administration 
started, and we are $2 trillion more in debt since this administration 
started. In June alone, almost half a million jobs were lost, driving 
the unemployment rate to 9.5 percent, the highest level in 26 years.
  So it is clear that the Democrats' $1 trillion stimulus plan just 
isn't working. And every American has the right to ask, where are the 
jobs? Where are the jobs, Mr. Chairman? This is about jobs. This 
majority clearly doesn't have the appropriate program. This 
administration clearly doesn't have the appropriate program. Democrats 
are clearly on the side of more government and more taxes. Republicans, 
however, Mr. Chairman, are on the side of the American people.
  I urge adoption of this amendment.
  I yield back the balance of my time.
  Mr. SERRANO. It is very easy for folks on the other side to say, 
let's not talk about the past administration. I agree. That is not my 
intention. In fact, our President has said on many occasions the past 
is the past. But if we keep coming up and making it sound like 
something happened January 20 until today that brought us to our knees 
economically, then it is my role, and everybody else's role on this 
side, just to clarify and to discuss a little history. And the history 
is the fact that this economy is in bad shape not for anything that has 
happened this year, but what happened in the past.
  On this amendment, this is the wrong time to get rid of this. This is 
the wrong time to move against it. We need it more than ever. I hope 
that people will defeat this amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Georgia (Mr. Price).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. PRICE 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 Georgia will be postponed.


                Amendment No. 4 Offered by Mrs. Emerson

  The CHAIR. It is now in order to consider amendment No. 4 printed in 
House Report 111-208.
  Mrs. EMERSON. Mr. Chairman, 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. 4 offered by Mrs. Emerson:
       Page 58, line 19, insert ``(reduced by $50,000,000)'' after 
     the dollar amount.
       Page 58, line 20, insert ``(reduced by $50,000,000)'' after 
     the dollar amount.

  The CHAIR. Pursuant to House Resolution 644, the gentlewoman from 
Missouri (Mrs. Emerson) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Missouri.
  Mrs. EMERSON. Mr. Chairman, my amendment would strike $50 million 
from the $100 million under the Election Assistance Commission for Help 
America Vote grants for States.
  The President's budget requested a total of $52 million for election 
reform programs, $50 million for grants to States, and $2 million for 
research and other initiatives. My amendment would simply return the 
State grant funding level in this account to the same amount that the 
President's budget requested.
  Sixty-two percent of the States have not even applied for their 
fiscal year 2008--2008--Help America Vote funds. Of the $115 million 
provided for State grants in fiscal year 2008, only about 20 percent of 
the funds have been obligated to the States; $25 million has been given 
to 18 States. Of the $100 million provided for State grants in fiscal 
year 2009, not even 4 percent has left the Treasury. Only two States 
have received fiscal year 2009 funds. So we have almost $186 million 
still sitting in the Treasury for these grants.
  Now, I think you all know me and you know me well enough to know that 
if there is a need, I'm fully supportive of matching the funding level 
to that need. However, I see little need to provide another $100 
million in unused funds to then get to a total of $286 million in 
untapped funds.
  I respect my chairman, and I respect the need for election reform and 
certainty in the election process. There is no question that we are 
obligated to provide for free and fair elections. It is a hallmark of 
our democracy, and we must always work to safeguard our elections. 
However, this is one account that has a demonstrated lack of funding 
needs for the coming fiscal year. Even the President recognized the 
opportunity to save the taxpayer $50 million.
  I urge all to do the same and vote ``yes'' on my amendment.
  I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIR. The gentleman from New York is recognized for 5 minutes.
  Mr. SERRANO. I would like to yield 2 minutes to the gentleman from 
New Jersey (Mr. Holt).
  Mr. HOLT. I thank the gentleman. Nothing is more important in a 
democracy than the integrity of the democratic process. Everything we 
do in this body is based on the assumption that the voters put us here 
as the result of a fair, accessible, and accurate

[[Page H8236]]

process. If there is anything we should not shortchange, it is our 
ability to conduct the most exemplary elections in the world. And we 
have not reached that standard yet.
  In fact, the major national election official organizations and more 
than 25 civil rights, disability rights and other public interest 
groups have asserted that local jurisdictions still need all the 
funding originally authorized by HAVA simply to carry out HAVA's 
original requirements.
  I have heard the gentlelady speak. But this letter addressed to every 
Member of Congress from such organizations as the National Association 
of Counties, the National Association of Secretaries of State, the 
American Association of People with Disabilities, NAACP Legal Defense 
and Educational Fund, Paralyzed Veterans of America, and others says 
that it is ``imperative,'' in their words, that State and local 
governments receive all the funding that is coming to them, that should 
be coming to them from HAVA. It should not be cut.
  They need this funding for poll-worker training, for voter education 
and for putting in place voter systems that are accessible and 
reliable, and as we discussed earlier, auditable.
  They say in this letter that full funding is necessary to fulfill the 
promise of HAVA, and I include this letter for the Record.
  I urge my colleagues to support the modest HAVA funding in this bill 
and to defeat this amendment.

                                                   March 17, 2009.

     Make Election Reform a Reality--Support Full Funding for HAVA

       Dear Member of Congress: We, the undersigned organizations, 
     are deeply appreciative of the funding appropriated for the 
     Help America Vote Act (HAVA) in FY08 and FY09 and urge you to 
     support full funding and appropriate the remaining $470 
     million of authorized funding in FY10. Of this amount, $442 
     million is for the federally-mandated processes and equipment 
     that state and local governments were required to have in 
     place for federal elections beginning in 2006 and $28 million 
     is for assisting state and local governments in making all 
     polling places accessible and the protection and advocacy 
     payments. It is imperative that state and local governments 
     receive all of the funding they were promised to fully 
     implement statewide voter registration databases, to keep up 
     with the spiraling costs of purchasing and maintaining voting 
     equipment and to ensure proper poll worker training and voter 
     education in this environment of continually changing voting 
     processes and procedures.
       The lack of full federal funding for HAVA has led man state 
     and local governments to scale back on their inital plans for 
     implementation. Most devastatingly, initial Congressional 
     delay in providing proper funding for the Election Assistance 
     Commission (EAC) and the National Institute of Standards and 
     Technology (NIST) ultimately prevented the timely development 
     of the voting system guidelines and the implementation of a 
     federal voting system certification program. This led to cost 
     increases for state and local governments that in some cases 
     were unable to utilize existing equipment and others that had 
     to replace voting equipment more than once in an effort to 
     comply with evolving guidance to ensure both accessibility 
     and security. While the efforts of the EAC and NIST have 
     since been funded, delay in their funding has contributed 
     significantly to cost increases for state and local 
     governments.
       Full funding is necessary to fulfill the promise of HAVA 
     and provide resources to state and local governments to meet 
     the new and changing expectations for voting equipment and 
     procedures. Should you have any questions, please contact the 
     organizations listed below.
           Sincerely,


     organizations representing state and local election officials

       International Association of Clerks, Recorders, Election 
     Officials and Treasurers (IACREOT).
       National Association of Counties (NACo).
       National Association of Election Officials (The Election 
     Center).
       National Association of State Election Directors (NASED).
       National Association of Secretaries of State (NASS).
       National Conference of State Legislators (NCSL).


      civil and disability rights and voter advocacy organizations

       Leadership Conference on Civil Rights.
       American Association of People with Disabilities (AAPD).
       American Civil Liberties Union (ACLU).
       American Federation of Labor-Congress of Industrial 
     Organizations (AFL-CIO).
       American Federation of State, County and Municipal 
     Employees.
       Asian American Justice Center.
       Association of Community Organizations for Reform Now 
     (ACORN).
       Brennan Center for Justice at NYU School of Law.
       Common Cause.
       Demos.
       Fair Elections Legal Network.
       FairVote.
       International Union, United Automobile, Aerospace & 
     Agricultural Implement Workers of America, UAW.
       Lawyers' Committee for Civil Rights Under Law.
       League of Women Voters of the United States.
       NAACP Legal Defense and Educational Fund, Inc.
       National Association for the Advancement of Colored People 
     (NAACP).
       National Association of Latino Elected and Appointed 
     Officials Educational Fund (NALEO).
       National Council of La Raza.
       National Gay and Lesbian Task Force Action Fund.
       Paralyzed Veterans of America.
       People For the American Way.
       Project Vote.
       SAVE.
       Union for Reform Judaism.
       U.S. Public Interest Research Group.

  Mrs. EMERSON. I continue to reserve my time.
  Mr. SERRANO. How much time do we have on this side?
  The CHAIR. The gentleman from New York has 3 minutes remaining.
  Mr. SERRANO. I would like to yield myself whatever time I may 
consume.
  You know, when we buy a car, the first thing they tell us is to make 
sure we service that car regularly, change the parts that are 
necessary, oil it and keep it in good shape.
  We have a democracy, and as the gentleman from New Jersey says, and 
as everyone knows, at the core of that democracy is the ability to vote 
and to have our votes counted properly. Yet what we are trying to do 
here today is to cut away, if you will, from that maintenance program, 
which is more than a maintenance program. What happened here in 2000 
and in other places after 2000 was that the American people, regardless 
of the outcome of the election, were left with the understanding that 
something was wrong and that the greatest democracy on Earth was having 
a difficult time counting people's votes properly. And so HAVA was 
created.
  HAVA is still in operation. HAVA is having moneys go out to 
communities. This is not the time to cut HAVA funds. On the contrary, 
this is the time to reinforce the core of our democracy by allocating 
the necessary funds. Give the States the opportunity to deal with the 
issue. Let the States deal with the issues back home that they have to 
as they meet the Federal requirements.
  So I would oppose this amendment, and I would remind us that we don't 
pay that much attention to elections and how we run them because we 
have had this for so long in this society and this country that we take 
it for granted. But 2000 should tell us that we should never take it 
for granted again and that we should pay strict attention to it.
  I reserve the balance of my time.
  Mrs. EMERSON. Mr. Chairman, I said earlier that I have great respect 
for my chairman, and I certainly have great respect for the gentleman 
from New Jersey who has worked tirelessly on HAVA and worked to ensure 
that we have fair elections across this country.

                              {time}  1500

  And I do not believe that we should, to take a quote, shortchange any 
piece of the electoral process. But I bring to my colleagues' 
attention, once again, the fact that we have $186 million that is 
sitting in the Treasury the States have not tapped into. Sixty-two 
percent of the funds from 2008 haven't been used. We've only used 4 
percent for 2009. And I think that nobody better than our President 
understands the need for us to find savings. And when we're sitting on 
$186 million, and with the additional $52 million that we will have in 
this account, we're still well over $200 million. And I dare say that 
at the rate that the States are using this money, we will never spend 
it.
  And certainly, in difficult economic times, I truly believe that 
deferring to the President's budget request makes good economic sense.
  I yield back the balance of my time, and urge a ``yes'' vote on my 
amendment.
  Mr. SERRANO. I would urge a ``no'' vote on this amendment. And I 
yield the balance of my time to Mr. Holt from New Jersey.
  Mr. HOLT. Again, I hear the comments of the ranking member. It's 
important to point out, in this letter,

[[Page H8237]]

signed by the major election official organizations in the country, the 
Secretaries of State, associations of counties, election officials and 
so forth, they say that the rate at which the funding has been 
available to them in the past has led, in their words, ``many state and 
local governments to scale back on their initial plans for 
implementation'' of HAVA. We must, again, in their words, meet the 
promise of HAVA. This is not an imagined expense. This is a real 
expense to preserve democracy, and we have it on good authority, from 
the people who are doing the work, that this money is needed.
  Mr. SERRANO. I urge a ``no'' vote, and I yield back the balance of my 
time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Missouri (Mrs. Emerson).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mrs. EMERSON. 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 Missouri will be 
postponed.


               Amendment No. 5 Offered by Mrs. Blackburn

  The Acting CHAIR (Mr. Holden). It is now in order to consider 
amendment No. 5 printed in House Report 111-208.
  Mrs. BLACKBURN. 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. 5 offered by Mrs. Blackburn:
       At the end of the bill (before the short title) insert the 
     following:

                    TITLE IX--FIVE PERCENT REDUCTION

       Sec. 901.  Each amount appropriated or otherwise made 
     available by this Act that is not required to be appropriated 
     or otherwise made available by a provision of law is hereby 
     reduced by 5 percent.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentlewoman 
from Tennessee (Mrs. Blackburn) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from Tennessee.
  Mrs. BLACKBURN. Mr. Chairman, again, today I rise in defense of the 
American taxpayer.
  Mr. Chairman, we were greeted this week with the unfortunate news 
that we have already spent $1 trillion more than we have taken in in 
this fiscal year. The projections for next year are no better. Many 
think they're even worse. And yet, here we find ourselves on the floor 
again, one more day, one more ``approps'' bill, one more debate about 
spend, spend, spend.
  Everybody in this Chamber knows that I am the grandmother of two 
precious little boys. Their future is so special and precious to me. 
And because of that, every day when I come to work, I think about the 
ramifications of the votes that I take and what it is going to do to 
them. And every day, I come down here, and what I try to do is slow the 
growth of government spending. It is completely out of control. It is 
about to bankrupt this Nation, and it is costing us jobs, jobs, jobs. 
And I do that because my grandsons already, at the age of 14 months and 
1 month, they already owe $70,000 to Uncle Sam. The debt that we run up 
here will be paid in their denied opportunities of tomorrow. I just 
can't run up that debt with a clear conscience, and I really don't 
think that, if my colleagues stopped to think about it, that they would 
want to be running up that type of debt either.
  That is especially true when we consider the funding for the programs 
that are before us today, because that funding has risen over 52 
percent in the past 3 years. These same programs have already received 
$7 billion this year in stimulus funding. And yet, we propose another 
6.4 percent increase, another $1.5 billion increase more than last 
year. That will include a new $5 million for a program called Youth 
Services. When I saw that, I thought, my goodness. I wonder how our 
youth will end up servicing the massive debt that we are leaving them 
to handle.
  My 5 percent across-the-board cut will save the taxpayers $1.2 
billion. My friends on the other side of the aisle will, no doubt, rise 
in opposition to this bill, and they're going to tell their 
constituents how hard they've worked in committee, how responsible the 
bill is. And as one of my constituents said, it must be mighty hard 
work to spend a billion dollars an hour, 24 hours a day, 7 days a week, 
which is exactly what is happening in Congress.
  I just don't buy the lines about hard work anymore, and neither does 
the American taxpayer. How hard can we be working? How many hard 
choices can possibly be being made by Members of this Chamber when 
every year we spend more and more and more.
  My colleagues may say that they aren't increasing funding by all that 
much, if you don't count the stimulus money, and you don't count the 
special appropriations. But we have already spent that money on 
programs. And I do count that money, and I count it because the ones 
who are going to have to pay that back are our children and our 
grandchildren.
  Mr. Chairman, the gentleman across the aisle from me may offer a 
series of programs that his party claims are just too vital to be cut. 
And I would challenge him to take that list to his constituents, to 
lots of grandmoms like me, and just ask them if they agree.
  I would concede that yes, indeed we do have critical programs that 
need to be funded. I would simply suggest that, in this economy, when 
people are losing their jobs, when businesses are struggling, with a $1 
trillion deficit already on the books for this year, that we consider 
reducing by 5 percent the amount of increase that is before us today.
  And so now, so that my colleagues can dazzle me with their 
Washington-style math, I will reserve the balance of my time.
  Mr. SERRANO. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. It's interesting that when we speak about debt we never 
bring up the debt that the last administration rang up through the Iraq 
war. That's got to be at least half a trillion dollars, if not more. 
And I'm still waiting to find the weapons of mass destruction.
  Secondly, if I may brag for a second, I've got the gentlewoman beat. 
I have four grandchildren. And I don't want to saddle them with any 
debt in the future. But I think that this bill speaks to another issue 
that deals with them, and that is their present, so that they don't 
continue to be ripped off by crooks on Wall Street.
  And yet the gentlewoman's cut, for instance, would cut $51 million 
from the Securities and Exchange Commission, which would slash 120 
staff members who have been placed here now to go after the crooks on 
Wall Street and all the other folks that created a problem for my four 
grandchildren now.
  And so, yes, it is important to talk about the future. But it's also 
important to talk about the present. And what I keep hearing from folks 
is that, in a desire to save money now, we should do nothing to go 
after those people who created, who created much of the problems that 
we are facing now.
  Let me give you another example. The IRS--new enforcement initiatives 
would go unfunded, resulting in over $600 million in lost tax revenues.
  In other words, your 5 percent cut, the gentlewoman's 5 percent cut, 
would take away funding that goes after my grandchildren? No. After 
their parents? No. They would go after the millionaires and the 
zillionaires who are parking money overseas and who are not paying 
their fair share of taxes. So you would cut, she would cut, the 
gentlewoman would cut people to go after this.
  If this amendment passes, the Small Business Administration would not 
be able to meet the borrowing needs of small businesses. SBA lending, 
in its popular 7(a) loan program, which both sides support, would be 
reduced by $875 million. Many small businesses, and we hear so often on 
that side about how much they love small business people, many small 
businesses have turned to the SBA or loans as the credit markets have 
tightened up, making less credit available to small businesses in this 
economic downturn. What this amendment proposes, is exactly the wrong 
thing to do.
  The Federal courts would be impacted with a 5 percent reduction

[[Page H8238]]

across the board. One thousand full-time employees would be reduced 
from the Federal courts. On and on, absolutely, you were right. I have 
a list, but the list is not a list made up by staff or myself just for 
me to have something to say; it is the result of the impact of a 5 
percent reduction. And so, it makes a lot of sense to say, in some 
cases, it scores a lot of points to say I want to cut the budget by 5 
percent. But I think when you look at what we're talking about, you're 
hurting the very people we should protect.
  So let me once again say, I appreciate the fact that the gentlewoman 
has two grandchildren that she wants to protect in the future. I have 
four that I want to protect in the future, but I want to make sure that 
we protect them now by making sure they don't get ripped off again, or 
their parents, as we did the last couple of years.
  I reserve the balance of my time.
  Mrs. BLACKBURN. What we are saying is save a nickel out of a dollar. 
A nickel out of a dollar, out of the amount of increase that is being 
given.
  All of these programs sound great, but may I remind my colleagues, 
this administration has piled up more debt, more debt than every 
previous administration from George Washington to George Bush. You must 
have liked the deficit spending so much that you're doing more and more 
and more and more of it.
  There are some of us that have come to this floor repeatedly. Budgets 
and appropriations should be about priorities.
  I encourage a ``yes'' vote on my amendment.
  Mr. SERRANO. We always talk about the debt. The debt was as a result 
of the last administration. In fact, all of these bailout programs 
started while we had another President in office.
  The fact of life is that we have to protect the present. We have to 
make sure the past doesn't come back. And this 5 percent cut would hurt 
the very agencies in this bill that are supposed to assure us of a 
better present and a better future.
  I oppose the amendment and urge its defeat.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Tennessee (Mrs. Blackburn).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mrs. Blackburn. 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 Tennessee 
will be postponed.


            Amendment No. 6 Offered by Mr. Broun of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in House Report 111-208.
  Mr. BROUN of Georgia. 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. 6 offered by Mr. Broun of Georgia:
       At the end of the bill (before the short title) insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds made available in this Act may 
     be used for the salary of the Assistant to the President on 
     Energy and Climate Change, the Deputy Assistant to the 
     President on Energy and Climate Change, or any position in 
     the Council on Environmental Quality.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Georgia (Mr. Broun) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. BROUN of Georgia. Mr. Chairman, I rise today in support of my 
amendment, which eliminates funding for the climate czar, their deputy, 
and staff salaries for the Council on Environmental Quality.
  For too long the executive branch has skirted Senate confirmation 
proceedings and congressional oversight by appointing officials to 
oversee vast parts of the Federal Government. Administrations from both 
parties have been guilty of this practice. It's time for it to stop.
  Mr. Chairman, we do not need and should not have czars. The last time 
I checked, only pre-Communist Russia had czars, and we are most 
certainly not Russia. But the word czar aptly describes the kind of 
power that these positions hold in our Federal Government. And the 
current administration has no fewer than 30 czars.
  Unfortunately, the Rules Committee, as has been their practice, did 
not allow an amendment to eliminate all of these positions.

                              {time}  1515

  The CEQ was mandated by Congress 40 years ago. While their chairman 
is Senate confirmed and their members are various agency heads, the 
veil of secrecy by which this council operates is totally unacceptable, 
and it should be unacceptable to every Member of this House. It's no 
small secret that the council's actions are overtly political and 
lacking a proper legislative check, and it didn't just happen 
overnight. The previous administration's CEQ had its fair share of 
problems as well.
  I have no problem with this administration, or any administration for 
that matter, seeking advice from outside experts on the important 
issues of the day. In fact, that's how it should be. But the recent 
actions by the council with regards to the Army Corps of Engineers as 
well as their so-called oversight on the projects from the Democrats' 
nonstimulus bill, to name just two, have forced me to resort to 
defunding their operations. Obviously, I would have preferred to remedy 
this problem through the normal committee process, but that option has 
not been afforded Members of the minority of this Congress.
  Attempting to fix these issues in the appropriations process is less 
than desirable, but that's all that's afforded the minority right now, 
and that should be unacceptable to the American people.
  I urge my colleagues to wake up and reclaim our constitutional 
footing as the check on the executive branch and vote ``yes'' on my 
amendment.
  I reserve the balance of my time.
  Mr. SERRANO. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. I would like to yield 2 minutes to one of our colleagues 
and subcommittee chairman, the gentleman from Washington (Mr. Dicks).
  Mr. DICKS. The gentleman's amendment represents a misguided view on 
the subject of climate change and global warming. As the United States 
finally faces up to its responsibility to adapt to climate change, the 
gentleman wants to hobble our efforts for some illogical reason.
  I, for one, am very comforted by the fact that Carol Browner is 
serving President Obama on energy and climate change issues and our 
response to them. We need all of the expertise that we can muster as we 
figure out how to adapt and mitigate climate change. My friend Carol 
Browner brings her respected experience as the former head of EPA to 
this job. The President, as well as the entire country, could not be 
better served in this important battle.
  Also, the gentleman appears to want to defund the Council on 
Environmental Quality. The CEQ, under Nancy Sutley, is probably one of 
the best repositories of environmental expertise, and the United States 
is well served by them. NEPA was created in 1969 and Richard Nixon 
signed it into law.
  As the chairman of the Interior and Environmental Appropriations 
Committee, I'm proud of the fact that we have dramatically increased 
funding for climate change science and wildlife adaptation over the 
last few years. But as my good friend Mike Simpson, who is the ranking 
member on the Interior Subcommittee, repeatedly has said, we must make 
sure that the increased spending to combat climate change is spent 
properly. And I think that Carol Browner can also provide that kind of 
oversight at the White House. Why anyone would want to refuse her work 
is beyond me.
  I urge a ``no'' vote on this very, very mischievous amendment.
  Mr. BROUN of Georgia. How much time do I have left?
  The Acting CHAIR. The gentleman from Georgia has 2 minutes, and the 
gentleman from New York has 3 minutes remaining.

[[Page H8239]]

  Mr. BROUN of Georgia. This is about transparency and accountability. 
This administration has appointed more czars than pre-Communist Russia 
has appointed, and this one that we're trying to defund is just one of 
many.
  Congress has no oversight. This is totally unacceptable. It should be 
unacceptable to you guys, too, Mr. Chairman, as well as every Member of 
this House. It should be unacceptable that we have czars appointed in 
what's supposed to be a free society, in a democratic Republic, 
representative government. Congress has the authority and 
responsibility to oversee the administration, and we're not doing our 
job, frankly, and it's about time for us to do our job.
  Mr. DICKS. Will the gentleman yield on that point?
  Mr. BROUN of Georgia. If I can have your time.
  Mr. DICKS. I will just say this. We had at least 50 oversight 
hearings on this deal. Mr. Simpson and I----
  Mr. BROUN of Georgia. I reclaim the balance of my time.
  The thing is, this administration has given all of these czars 
tremendous amounts of power outside the purview of what they should 
have under the Constitution of the United States, and this particular 
czar doesn't look at scientific facts that there are thousands of 
scientists that say that there is minimal, if any, human effect on 
global temperatures.
  We have an administration who has loaded up this council with people 
who are carrying out a political process, and it's been politicized, 
and it should be totally unacceptable. It is to me. It should be to all 
us of us.
  I reserve the balance of my time.
  The Acting CHAIR. The gentleman's time has expired.
  Mr. SERRANO. I yield myself 1 minute.
  It's amazing that we hear about oversight now. Yes, we do have 
oversight. It's funny how the other side never claimed oversight when 
the White House was having meetings determining what our energy policy 
should be between the White House and lobbyists and no Members of 
Congress were present, or when the White House and the administration 
knew that there was torture and other actions going on and nothing was 
being said.
  The problem here is this may rise to a new legislative low because on 
these committees we respect the White House. When President Bush was in 
and this committee was in function, we let basically the White House 
have the staff members it said it needed, and now what we're trying to 
do here legislatively is to fire people at the White House. That's the 
wrong thing to do, and we should oppose it.
  I yield the balance of my time to Chairman Rahall. He takes care of 
all Puerto Rico issues, so I'm very nice to him.
  Mr. RAHALL. I thank the gentlemen for that recognition.
  Mr. Chairman, I rise in opposition to the pending amendment. It is, 
in what I view, a vindictive manner that seeks to prohibit the payment 
of a salary to any person employed by the White House Council on 
Environmental Quality, in addition the Assistant to the President for 
Energy and Climate Change and a deputy assistant.
  As the chairman of the Committee on Natural Resources, which has 
jurisdiction over the National Environmental Policy Act, and hence, 
CEQ, I can assure my colleagues that eliminating this entity, which is 
the goal with the pending amendment, would have severe repercussions on 
our Nation's environment and our economy. CEQ, at least under President 
Obama, has served to coordinate policy among various Federal agencies 
and provide regulatory stability, coordination and stability.
  I witnessed this firsthand recently with respect to coal surface 
mining in my home State in Appalachia. The EPA was off in one course, 
the U.S. Army Corps of Engineers were off on another course, and the 
coal industry caught in between was the subject of conflict and 
requirements with nobody able to provide it with a roadmap on how to 
obtain permits in order to mine coal in this country.
  It was CEQ which stepped in, got the regulatory entities together, 
resulting in an interagency action plan on Appalachian surface coal 
mining. Now, the efficacy of that action plan remains to be seen, I 
grant you, but at least a plan is in place and the rules of engagement 
are set forth.
  Now, if this amendment is part of a continued protest against the 
administration's position on climate change, let me be clear on that 
point. I voted against the House cap-and-trade bill. I did not support 
it, but I do support, as the subcommittee has said, the right of this 
President or any President to establish positions in his or her own 
White House. And if President Obama finds that he wants a White House 
assistant on energy and climate change, that's his prerogative. That's 
his right. It was the right of President Bush before him and many other 
Presidents in the past.
  So I urge my colleagues to indeed oppose this ill-conceived, 
vindictive amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Broun).
  The question was taken; and the Acting Chair announced that the noes 
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 Georgia will 
be postponed.


                  Amendment No. 7 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 111-208.


                         Parliamentary Inquiry

  Mr. FLAKE. Parliamentary inquiry, Mr. Chairman.
  The Acting CHAIR. The gentleman may state his parliamentary inquiry.
  Mr. FLAKE. I plan to ask for unanimous consent to modify my amendment 
to reflect some of the amendments throughout this process that were not 
made in order by the Rules Committee. What I want to know is, is it in 
order, if the other side agrees with the unanimous consent request, and 
is it possible for them to do so and allow these other amendments to be 
offered?
  Mr. SERRANO. I object, Mr. Chairman.
  The Acting CHAIR. The gentleman has not stated a parliamentary 
inquiry.
  The gentleman will state his inquiry.
  Mr. FLAKE. The inquiry is, under unanimous consent, can the majority 
party agree to modify my amendment?
  The Acting CHAIR. That is a hypothetical question.
  If the gentleman wishes to make a unanimous consent to modify his 
amendment, that request is in order at the time the amendment is 
pending.
  Does the gentleman wish to offer amendment No. 7?
  Mr. FLAKE. Yes, I do.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for a small business incubator project of 
     the University of West Georgia in Carrollton, Georgia, and 
     the amount otherwise provided in such section is hereby 
     reduced by $100,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I ask unanimous consent that my amendment be modified to 
the form I have at the desk.
  The Acting CHAIR. Without objection, the Clerk will report the 
modification.
  Mr. SERRANO. I object.
  The Acting CHAIR. Objection is heard.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I thank the Chair.
  What I wanted to establish is that by unanimous consent the majority 
party could agree for me to modify my amendment. Now, I was allowed for 
11 amendments under this rule to strike earmarks from the bill. 
Unfortunately, numerous Members, dozens of Members, were denied the 
ability to offer any amendments on this bill. It seems the majority 
party only wants to deal

[[Page H8240]]

with those amendments that they know they could win.
  Now, under tradition, this House has brought appropriations bills of 
the House to the floor under an open rule. We've broken with tradition 
this year. There is a headline on AP wire right now that says, ``House 
Democrats muzzle GOP on sensitive issues.'' That's a pretty accurate 
headline. That's exactly what's happening here.
  Now, we were told that it was a time constraint issue, that we simply 
couldn't finish all of the appropriations bills under a certain amount 
of time so we had to restrict the number of amendments. That's what the 
world was told here, the country was told. We find out that's not the 
case at all. We have a time limit under this bill. I have 11 
amendments. I'm willing to modify my amendments to reflect some of 
those that were denied, amendments that were germane.
  The first one that I have at the desk is one that would protect 
broadcaster freedom. This is an amendment that was offered last year in 
the appropriation bill. It was germane, and it received 309 votes from 
this Chamber, but the majority leadership doesn't want to vote on that, 
and so they've denied the authors of that amendment the ability to come 
to the floor and offer it. And so I'm willing to substitute that for 
one of mine under unanimous consent, but the gentleman objected twice, 
so we won't be able to do that.
  So I just want to say it on the record--and I will say it again and 
again--this process is not right. We know this isn't the way it should 
be done. House Democrats are muzzling the GOP on sensitive issues, just 
like the headlines now read. It's not an issue of time. We're under 
time constraints already. We're willing to simply substitute time for 
time, but the majority party simply will not allow it.
  Now to the merits of this amendment.
  I'm seeking to strike funding, $100,000 for funding a small business 
incubator at the University of West Georgia. This would reduce the 
overall cost of the bill by a commensurate amount. This is money that's 
going to a business incubator. You will see that theme throughout a lot 
of these amendments, whether they're at a university or under some 
other umbrella. We're taking money from the Treasury here, money that 
we have to borrow, and funding business incubators.

                              {time}  1530

  Now a business incubator, that's a bit of a nebulous term and I 
haven't quite figured out what it is. It means different things in 
different places. But apparently here it's simply to offer counseling, 
resource information exchange, and distance-learning opportunities for 
entrepreneurs and small business ventures. That kind of thing is done 
all the time in every State, everywhere. But not everybody gets a 
Federal earmark to do that and it's not fair to do it here. People that 
get this kind of money should have to compete for it if that money is 
available at all.
  With that, I reserve the balance of my time.
  Mrs. EMERSON. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Funding recommendations included in this bill were made 
in full compliance with the applicable rules and procedures of the 
House. On a bipartisan basis, we have scrutinized thousands of Member 
requests and recommended funding for those projects we believe are most 
meritorious. In addition, the Small Business Administration was given 
an opportunity to vet this project and provided the committee with no 
negative feedback regarding the project or the grantee. I urge my 
colleagues to oppose this amendment.
  I yield such time as he may consume to the gentleman from Georgia 
(Mr. Gingrey).
  Mr. GINGREY of Georgia. I thank the ranking member for yielding to 
me.
  I want to say right off that I support the gentleman's request for 
unanimous consent but I certainly rise to oppose this striking 
amendment No. 7 by my friend and colleague from Arizona. I want to 
thank Chairman Serrano and Ranking Member Emerson for supporting this 
request, this project.
  I commend the gentleman from Arizona. I think that his heart is true 
and consistent in regard to wanting to reduce government spending and 
waste, and I think he is to be commended for that. And I think the 
gentleman from Arizona knows that I too feel the same way. In fact, I 
have introduced legislation to bring some fairness and equity to Member 
initiatives, to cut them in half indeed. I know the gentleman is aware 
of that.
  He doesn't know a lot about this project, and I'm sure that a lot of 
Members when their project for their district, for their constituents 
is challenged, they may dread coming down here to the floor. But I 
don't dread it at all. I'm thrilled to have an opportunity to come down 
and explain to the gentleman about this project.
  Very simply, this $100,000 would go to the University of West 
Georgia's Small Business Development Center and their partnership with 
the Carroll County Economic Development Foundation's Burson Center to 
simply fund the expansion of their small business support center, or 
incubator. This center, which already exists, provides resources 
ranging from business counseling, to temporary office space, to 
technical support and access to an online database of Angel Investors 
Networks looking to support a potentially successful small business.
  Specifically, this expansion will target the more than 12,000 
veterans from west Georgia that will be returning in the coming year. 
Given the tight job market, 30 percent or more of these returning 
veterans will attempt to start their own business and will likely 
require some type of support in beginning that effort.
  I urge my colleagues to oppose this striking amendment.
  The Acting CHAIR. The gentleman from Arizona has 1\1/2\ minutes 
remaining.
  Mr. FLAKE. I thank the Chair and I thank the gentleman for his kind 
words. I think I'm the most commended Member in this body who never 
wins an amendment. Nevertheless, I think when you look at what's being 
funded here, these are activities that go on all over the country, 
whether they're sponsored by universities, whether they're sponsored by 
business groups, chambers of commerce, other associations. And to 
single one out and say that the University of West Georgia is deserving 
of a Federal earmark for their project, for their business incubator 
simply doesn't make sense.
  We have a deficit this year that will approach $2 trillion by the 
time we finish the fiscal year. We are borrowing money from the 
taxpayers all over this country, or actually borrowing it from foreign 
countries, and we're asking the taxpayers and future generations of 
taxpayers to pay for it because we don't have the money to fund these 
programs.
  This bill increases spending in the Financial Services appropriations 
bill, I think, $1.6 billion or so increase over last year. Yet we're 
funding projects as if we have no problem at all, as if money grows on 
trees here. And it doesn't. At some point I think we have to step back 
and say, We can't continue to do business this way. At some point we 
have to say, We're going to strike an earmark, or we're going to save 
some money somewhere. I would suggest that now is the time. If we're 
not going to do it now, I don't know when we're going to do it.
  With that, I yield back the balance of my time.
  The Acting CHAIR. The gentlewoman from Missouri has 2 minutes 
remaining.
  Mrs. EMERSON. I yield the balance of my time to the gentleman from 
Georgia (Mr. Gingrey).
  Mr. GINGREY of Georgia. Mr. Chairman, again, a lot of what the 
gentleman says, I can agree with, but I continue to believe that some 
portion of Federal dollars that my constituents send to Washington is 
returned back to them and to our district, the 11th of Georgia. Yes, 
preferably through tax relief. But when necessary, through direct 
support of responsible and well-vetted local initiatives.
  Let me explain to the gentleman and provide just a little more 
context for this request and the needs that this center is seeking to 
meet. Here are the six counties that the center services as well as the 
unemployment rate in each

[[Page H8241]]

county: Carroll County, 11 percent unemployment; Bartow, 11.5; Floyd 
County, 10.4 percent; Paulding, 9.8 percent; Haralson, 12.2 percent 
unemployment; and Polk, 10.5 percent unemployment.
  As I said, Mr. Chairman, at the outset in defending this initiative 
against the gentleman's amendment to strike, this is a good project. 
And as he says, Well, why don't they go through the regular process. 
Well, I think if they went through the regular process, this project 
would have a 98 percent chance of getting funded. But I think it's my 
responsibility if I can to make sure that we don't take that 2 percent 
chance. I proudly stand here and defend this project.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                  Amendment No. 8 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 111-208.
  Mr. FLAKE. 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. 8 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Commercial Driver Training 
     Institute project of Arkansas State University in Newport, 
     Arkansas, and the amount otherwise provided in such section 
     is hereby reduced by $200,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified to the form I have at the desk.
  The Acting CHAIR. Without objection, the Clerk will report the 
modification.
  Mr. SERRANO. I object.
  The Acting CHAIR. Objection is heard.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. That didn't sound like the Clerk, so I guess we've been 
objected to again.
  Again what I am trying to do here is modify my amendment to reflect 
one of the amendments that was rejected by the Rules Committee. This 
particular amendment would keep in place the restrictions that have 
been in place for a long, long time against using taxpayer money to 
fund abortion services.
  The sponsors of this amendment, on both sides of the aisle, felt so 
strongly about it that many of them on the other side of the aisle 
voted against the rule. So when time expired just about an hour or so 
ago to vote on the rule for this bill, it was about 10 votes short of 
passing because more than 30 Democrats voted against the rule. Now the 
vote was held open for an inordinate amount of time so that leadership 
could twist some arms and change some votes to get this rule to pass. 
You had Members on both sides of the aisle feel that strongly about 
bringing an amendment to the floor, but the majority party leadership 
decided, no, that we should be muzzled, not just on this side but 
Members on that side of the aisle as well.
  Mr. Chairman, that's just not right, but that's what happens when you 
declare martial law on appropriations bills and say to the world, We 
can't do it because time does not allow. And then when somebody here 
asks for unanimous consent to simply substitute time for time, one 
amendment that wasn't allowed in order for one amendment that was, the 
majority stands up and says, I object.
  So let's get rid of the fiction once and for all that this is an 
issue of time. What it's an issue of, the majority leadership does not 
want Members to have the ability to offer the amendments they would 
like to. We had the gentleman stand up in the last hour who presided a 
couple of years ago over the Interior appropriation bill. He noted that 
he sat in the Chair for over 3 days to listen to amendments come up on 
the Interior appropriation bill. I remember that time. I offered many 
of those amendments. There were many amendments that people on both 
sides of the aisle offered that the leadership on both sides of the 
aisle was uncomfortable with. But they allowed it to occur, because 
that's the way it should work here.
  Under this martial law rule, we have a structured rule and the 
majority leadership picks which amendments can be offered and which 
ones cannot. That is simply not right, Mr. Chairman.
  Now in terms of this amendment, this amendment would prohibit 
$200,000 from funding the Arkansas Commercial Driving Training 
Institute, and it would lower the cost of the bill by a commensurate 
amount. The recipient of this earmark is Arkansas State University. 
It's had a truck driving institute for more than 20 years. I am all for 
driver safety, particularly big 18-wheelers that are on the road, but 
I'm not sure why the Federal Government is funding this particular 
driving program. Nor do I understand why this institute is receiving 
another earmark, having received nearly a quarter of a million dollars 
in earmark funds in the omnibus bill that we passed just a few short 
months ago.
  In fact, it appears that this institute was established and built in 
part with taxpayer dollars, Federal taxpayer dollars, thanks to a 
nearly $350,000 earmark it received in the fiscal 2008 transportation 
spending bill.
  A quick search on the Internet shows there are dozens and dozens and 
dozens of commercial driving training schools all over the country. 
None of them have received this kind of Federal largesse. Why do we 
continue to fund institutes like this? Aren't some of the others just 
as deserving? Or is it just because we have Members in a position to do 
it?
  If you look at this chart, you'll get the answer there. This is the 
Financial Services bill that we're dealing with now. Sixty percent of 
the earmarks in this bill are going to just 24 percent of the body. 
That represents appropriators, chairmen, ranking minority members, so-
called powerful Members. Sixty percent. If you look at the dollar value 
of the earmark, that goes up to 70 percent. Seventy percent of the 
earmark dollars in this bill are going to less than 24 percent of the 
body.
  Now you'll hear a lot of high-minded rhetoric about we can't let 
those faceless bureaucrats in the bureaucracy decide where the money 
goes. Well, most of the Members in this body would do better with 
faceless bureaucrats than with the Appropriations Committee, because 
time and time again, and this is a trend that we've seen throughout the 
appropriation bills this year, a small number of Members get a big 
chunk of the cash. And this is going to some organizations that have 
gotten earmarks year after year after year after year.
  I reserve the balance of my time.
  Mr. BERRY. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BERRY. Thank you, Mr. Chairman.
  I certainly want to thank our distinguished chairman and ranking 
member of this committee and the staff that's done magnificent work 
preparing this bill and getting it to the floor. We all appreciate them 
and what they've done.
  I try to never rise to speak that I don't encourage anyone that will 
listen to me to keep in their hearts and minds and in their prayers our 
men and women in uniform and their families. I am delighted to be here 
to not only hopefully defend this amendment against attacks but I have 
heard my friend from Arizona's complaints.
  I would refer him first of all to article I, section 9 of the United 
States Constitution that says no money shall be drawn from the Treasury 
but in consequence of appropriations made by law.

[[Page H8242]]

                              {time}  1545

  It says, ``No money shall be drawn from the Treasury but in 
consequence of appropriations made by law.'' I don't think the 
bureaucrats have the authority under the Constitution to appropriate 
money. That's the job of this Congress, this House, and the 
Appropriations Committee.
  And I know my friend from Arizona means well. He has good intentions. 
He does these things in a spirit of camaraderie and never gets too 
vicious with his attacks. And I appreciate that. He is indeed a good 
fellow. But my mother used to tell me that the road to the bad place 
was paved with good intentions.
  These people this truck driving course takes care of, the people that 
it makes possible for them to get trained, they're trained for good 
jobs that already exist. They're not going to get trained and then be 
out of work. They're going to be trained to operate vehicles over the 
Nation's highways in a safe manner.
  This program helps to filter out any people that would not be 
suitable for that type work. That's part of what it does. This is a 
need that has existed for many, many years, and we have put lots and 
lots of State money, a lot of local money into this program and this 
community college, which does an outstanding job--and it has other 
programs where it trains people for jobs that already exist, and this 
is just one of its programs.
  It would be absolutely foolish for us to deny this little bit of 
funding for a place that has worked so hard, has a very difficult time 
economically, and does only take up an effort to try to improve the 
lives of the people that want to work hard and participate in these 
programs and be trained for a good job.
  And so I urge a ``no'' vote on this amendment, and I would urge my 
colleagues that choose to oppose earmarks--I like to call them Member-
directed spending--but I think the Constitution is very clear on who's 
supposed to do that. If they would choose to be opposed to these 
Member-directed spending in these bills, then they need to go back to 
the Constitution and see where it says bureaucracy or bureaucrat or 
Federal agency or the executive branch or anything like that. It 
doesn't say that. It says the Congress has to pass these laws and make 
this money available.
  So, I'm delighted to be here and appreciate the opportunity to speak 
against this amendment.
  I reserve the balance of my time.
  Mr. FLAKE. I urge support of the amendment.
  Mr. BERRY. I urge a ``no'' vote on this amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                  Amendment No. 9 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 111-208.
  Mr. FLAKE. I have an amendment at the desk designated as No. 9.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Proof of Concept Center of Idaho 
     TechConnect, Inc., in Nampa, Idaho, and the amount otherwise 
     provided in such section is hereby reduced by $285,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form I have at the desk.
  The CHAIR. Without objection, the Clerk will report the modification.
  Mr. SERRANO. I object.
  The CHAIR. Objection is heard.
  The gentleman from Arizona is recognized for 5 minutes.
  Mr. FLAKE. I'd like to engage on my time a colloquy with the 
gentleman, the chair of the relevant subcommittee, if I could.
  I'm just wondering why the majority doesn't want to consider these 
amendments that weren't made in order.
  Mr. SERRANO. The Rules Committee made in order a certain amount of 
amendments. The Rules Committee is a body composed of Members from both 
sides. That's the rule that we're working under. And I think that out 
of respect for the House and the rules that we work under, we should 
accept that as the format for this debate today, and not to change it 
in any way just when we feel like it.
  Mr. FLAKE. I thank the gentleman. He makes an important point. We 
have traditions in this House that we ought to uphold--and one 
tradition is appropriation bills being brought to the floor under an 
open rule. And we shouldn't be able to change that just because we feel 
like.
  What I'm trying to do is return to the traditions of the House and 
allow Members to bring the amendments that they would like to offer; 
that their constituents, with their voice in Washington, would like 
them to be able to offer. But we're not allowed to. As the headline out 
there right now reads, ``House Democrats muzzle GOP on sensitive 
issues.''
  Now this amendment that I would like to have offered instead of mine 
would allow the School Choice Initiative in Washington, D.C., to 
continue. Funding will go away for everyone except those who are 
currently in the program.
  Over the past several years, thousands of residents of D.C. schools 
have been able to go to the schools of their choice. Now, because of 
this bill being passed today, unless an amendment is accepted 
otherwise, those children will be denied that choice.
  Now that is an amendment that has support on this side of the aisle 
and the other side of the aisle. It was an amendment that was offered 
at the Rules Committee that was fully germane. It was in order to be 
considered. It was simply rejected because the majority leadership did 
not want this body to vote on it. I don't know why. We will have to all 
speculate.
  But the fact is that we're taking the time that could have been 
offered for this amendment and allowing that one to be offered instead. 
So we're not increasing the time for these appropriation bills. The 
majority party is still objecting to that unanimous consent request.
  Now, with regard to this amendment, this amendment would prohibit 
$285,000 from going to Idaho TechConnect, Inc., for the Proof of 
Concept Center, and reduce the overall cost of the bill by a 
commensurate amount. This Idaho TechConnect accelerates Idaho's 
innovation-based economy by connecting people, resources, and ideas.
  Here's another one that's pretty much indistinguishable, I think, 
from the last one. It's a business incubator of some type that a group 
here, Idaho TechConnect, seems to think is worthy of Federal largess or 
an earmark. It doesn't want to compete for dollars that might be in an 
account that Congress, through its role under article I, has instructed 
the agency to set up. No. It attempts to earmark dollars beyond that.
  The last gentleman mentioned that Congress has the power to 
appropriate. It certainly does. That's what we do here. That's the most 
important part of what we do here. And we tell the agencies what they 
can fund and what they can't, and we provide the money for them to do 
so.
  We will often tell them to set up a program by which individuals and 
organizations around the country can compete for Federal dollars. But 
instead, here what Congress is doing is saying, We don't like what 
you've set up so we're going to run a parallel program, we're going to 
earmark dollars for these programs, because if the organization in my 
district had to compete for those dollars, they may not get them. 
There's only a 98 percent chance that they would get them. I want to 
make sure they do. Or, there's a 5 percent chance they would get it. I 
want

[[Page H8243]]

to make sure that they get those monies. And so we run a parallel track 
here.
  I would say that I can't find the word bureaucrat in the 
Constitution, nor can I find the word earmark. Congress has the power 
to appropriate. But we authorize, we appropriate, and we have oversight 
functions. And we're circumventing that process when we earmark in this 
fashion.
  I reserve the balance of my time.
  Mrs. EMERSON. Mr. Chairman, I claim time in opposition.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Funding recommendations included in this bill were made 
in full compliance with the applicable rules and procedures of the 
House. In addition, the Small Business Administration was given an 
opportunity to vet this project, and it provided the committee with no 
negative feedback regarding the project or the grantee.
  Unfortunately, Mr. Simpson, the sponsor of the amendment, was unable 
to come to the floor due to other important business.
  I yield the balance of my time to the distinguished minority leader, 
Mr. Boehner.
  Mr. BOEHNER. I want to thank the gentlelady for yielding. I want to 
thank Mr. Flake for his attempt to have my amendment offered. As you 
know, the gentleman asked unanimous consent to substitute for his 
amendment an amendment that would provide for a continuing scholarship 
program for students--poor students here in the District of Columbia.
  This is an issue that many of us fought very hard for some 5 or 6 
years ago. Unfortunately, the administration and the majority party 
here in the House have decided to end this program and only allow those 
students who are currently enrolled to finish. It does nothing to 
address the siblings of these students that are in these schools.
  The reason this program was set up is because the District of 
Columbia had some of the worst schools in America. And while we spend 
nearly $15,000 per student for the students here in the District of 
Columbia, this small program is serving about 2,200 kids--2,200 kids, 
to give them a chance.
  And all they wanted was the opportunity to debate the continuation of 
this program. But the majority party says, No, no, no. We can't have a 
debate on that. Why? Because we might win. And it wouldn't be us 
winning, it would be the poor kids in D.C. who are currently getting 
these scholarships. But we can't even have the debate. We can't even 
have a vote. What has this place become?
  I just think it's outrageous that Members on either side of the aisle 
don't have an opportunity to offer amendments to these appropriation 
bills. This process now has gone on for 4 or 5 weeks, and it appears 
that it will go on for the next couple of weeks.
  This is not what has ever happened in the 18\1/2\ years that I've 
been here--the 19th appropriation season I've been through. I've never 
seen anything like this in terms of the majority willing to suppress 
virtually all the Members of the House on both sides of the aisle.
  And I think that the amendment that I wanted to offer to help save 
this program for poor kids here in D.C. was a worthy amendment. And I 
think Members on both sides of the aisle wanted to have an opportunity 
to debate that amendment and have a vote on it. But, no, it couldn't 
happen.
  So I would urge my colleagues to vote against this bill.
  Mr. FLAKE. I thank the gentleman and the gentleman's comments, the 
minority leader. We ought to allow substitution of this amendment. 
There's no reason, other than the majority party simply doesn't want to 
have the debate or have the vote.
  With that, I urge support of this amendment, and I yield back the 
balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 10 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 111-208.
  Mr. FLAKE. 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. 10 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Greenstone Group project of the 
     Northeast Entrepreneur Fund in Virginia, Minnesota, and the 
     amount otherwise provided in such section is hereby reduced 
     by $200,000.

  The CHAIR. Pursuant to House Resolution 644, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I ask unanimous consent that my amendment be modified to 
the form I have at the desk.
  The Acting CHAIR. Without objection, the Clerk will report the 
modification.
  Mr. SERRANO. I object.
  The CHAIR. Objection is heard.
  The gentleman from Arizona is recognized for 5 minutes.
  Mr. FLAKE. This amendment that I had hoped to substitute was an 
amendment offered by the gentleman, Mr. Gingrey of Georgia, which would 
simply have prohibited union activity on government time. Apparently, 
it's an amendment that the majority leadership did not want--it's a 
debate that they didn't want this body to have. It's an amendment they 
didn't want this body to vote on.

                              {time}  1600

  Now, it's a shame because it would be a 5-minute time limit, or 5 
minutes per side, just the same as this amendment. This isn't an issue 
of time. There were a lot of amendments submitted to the Rules 
Committee. Far fewer were made in order, but now we have the time 
established and we're simply wanting to substitute one germane 
amendment for another germane amendment, but the majority party is 
objecting once again. So I think that the headline that was just out--
House Democrats muzzle GOP on sensitive issues--is completely correct, 
and it is a shame, Mr. Chairman.
  This amendment would prohibit $200,000 in funding for the Northeast 
Entrepreneur Fund, and it would reduce the cost of the bill by a 
commensurate amount.
  According to the sponsor's Web site, the Northeast Entrepreneur Fund 
has helped start, stabilize or expand more than 1,100 local businesses 
and helped train or retain more than 3,000 jobs.
  The certification letter indicated the funding for the Greenstone 
Group would strengthen 500 entrepreneurs in the region through group-
based learning, peer support and access to various business services.
  Again, here we have another business incubator. This is something 
that private-sector organizations, chambers of commerce, trade 
associations, and other businesses offer and do all over this country--
hundreds in every State. Yet here we are singling one out and are 
saying this one is worthy of a Federal earmark, and we're going to give 
$200,000 to it. That's not right, Mr. Chairman. We can't continue to 
spend money this way.
  Every dime that we are spending over and above what we spent last 
year, and a lot of what we spent last year is borrowed. When will we 
decide enough is enough and that we can't continue to do business as 
usual and fund earmarks in this fashion?
  I reserve the balance of my time.
  Mr. OBERSTAR. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. OBERSTAR. Mr. Chairman, I want to take the opportunity to thank 
the chairman of the full committee, Mr. Obey, the chairman of the 
subcommittee, Mr. Serrano, and the

[[Page H8244]]

ranking member, Mrs. Emerson, for acknowledging the merits of this 
proposal and for including these funds for Greenstone Group.
  I respect the gentleman from Arizona. He is consistent, persistent 
and sincere in his opposition to constituent-inspired investments that 
Members offer on their behalf; but were he to prevail, he would, in 
fact, be muzzling job-creating opportunities in northeastern Minnesota, 
an area in my district where unemployment rates are 12.9 percent, 15 
percent and 16 percent in one community after another.
  The term ``Greenstone Group'' is derived from the mineral deposit 
that underlies much of northeastern Minnesota's iron ore mining 
country. It is a natural resource-based economy. We've been losing jobs 
with the downturn in steel and iron ore production. In fact, the iron 
ore mines are completely shut down, and some 6,000 jobs have been lost. 
The bright spot is the Northeast Entrepreneur Fund, which the 
gentleman, in fact, cited from the application proposal.
  The Entrepreneur Fund, which I have supported for over 20 years, has 
stabilized and has created 1,000 businesses, 2,500 jobs, people who are 
employed, who are paying Federal, State and local taxes that would not 
otherwise be paid. The return to the Federal Government on this 
investment is significant and real and tangible. The Entrepreneur Fund 
has provided $7 million in loans to 350 businesses. Over 9,000 
individuals have been helped by the fund, by the Northeast Entrepreneur 
Fund. They have established a Women's Business Center. They've been an 
SBA microlender.
  They're not doing it all by themselves. The gentleman from Arizona 
said, well, this can and should be done by the private sector. Well, 
the John S. and James L. Knight Foundation, the Blandin Foundation, 
Minnesota Power Company, and the Lloyd K. Johnson Foundation all are 
partners and participants with the Northeast Entrepreneur Fund and with 
the Greenstone Group. There is a public-private partnership that has 
been very successful and that has the support of the private sector. 
How does this translate?
  Carol Willoughby, whom I know personally, has a very small company, 
Let the Whole World Know.
  Without the training, the technical training from the Northeast 
Entrepreneur Fund, I could not have done it. I wouldn't be in business 
without them, she wrote.
  Luke Popham and Jeremy Rebrovich, two beginning entrepreneurs, were 
turned down by nine banks until the Northeast Entrepreneur Fund found 
them, helped them and guided them.
  Jeremy says, Without the Northeast Entrepreneur Fund, I wouldn't be 
in business today.
  They built a fitness center with their carpentry skills, and they 
have 900 clients. They're producing, and they're creating jobs in an 
area that is losing jobs.
  What the Entrepreneur Fund and the Greenstone Group do is simply 
provide, in participation with the private sector, professional 
business coaching. People with real world business experience have 
helped these beginning entrepreneurs do the right thing--develop good 
business plans, get on their feet, and operate successful businesses. 
These one-on-one meetings with their coaches help the business owners 
step back from the day-to-day job of running their businesses and help 
them to see the possibilities for growth. They develop sound business 
plans. This is a good investment of Federal dollars.
  I urge opposition to the gentleman's amendment, and I reserve the 
balance of my time.
  The Acting CHAIR. The gentleman from Arizona has 2\1/2\ minutes 
remaining and the right to close.
  Mr. FLAKE. I thank the Chair.
  I would yield to the gentleman just 30 seconds for him to explain 
whether there is any time in the foreseeable future that he believes 
the entity will not be reliant, or dependent, on Federal funds.
  Mr. OBERSTAR. When the private-sector lending enterprises can step up 
on their own and can support startup enterprises like that, you won't 
need a helping hand, but when the private sector says, We can't do this 
alone and we need a helping hand, then I think there is an appropriate 
role for the Federal sector to be a partner with the private sector.
  Mr. FLAKE. I thank the gentleman. I thank him for that clarification.
  Mr. Chairman, no Member of Congress will ever say that, in his 
district, there is full employment and that there is no need for 
outside assistance. This particular entity isn't just receiving this 
earmark. It received an earmark for nearly $250,000 in the FY09 omnibus 
bill that we passed just a few months ago. So we have last year's bill, 
this year's bill and likely next year's bill.
  There are organizations all over the country that would like, one, to 
compete for SBA funds on merit rather than on earmark, and there are 
private-sector organizations that would like to provide this 
assistance, but they're competing with government entities that are 
providing some of the same services, a lot of these services that are 
indicated here--strengthening entrepreneurs, group-based learning, peer 
support, access to various business services. These are services 
provided by the private sector all over the place as well, but these 
private-sector organizations now have to compete with government 
organizations to survive. In some cases, it is no wonder there aren't 
private-sector organizations. They're crowded out by their government 
counterparts.
  So, rather than continuing to fund entities that have received 
earmarks year after year and that have no real prospect of not being 
reliant on Federal Government funding in the future, we've got to say 
enough is enough. We can't continue to spend money this way when we're 
running a deficit that might approach $2 trillion this year.
  With that, I urge support of the amendment, and I yield back the 
balance of my time.
  Mr. OBERSTAR. When the gentleman from Arizona waves his magic wand 
over the northeastern part of my district and restores economic 
stability and growth and job creation, then we won't need this helping 
hand.
  As I pointed out, there is no crowding out of the private sector. In 
fact, as I cited, one of the participants was turned down nine times by 
small banks that don't have the backing of big correspondent banks. 
They couldn't do it on their own. Then the Northeast Entrepreneur Fund 
came in and partnered with them, and now we have got jobs created and 
we have got people working. That is what we're doing. There is no 
crowding out. There is a partnership, a public-private partnership, 
that is successful in job creation and in payroll creating, taking 
people off the unemployment rolls and putting them on payrolls.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 11 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 111-208.
  Mr. FLAKE. I have an amendment at the desk designated as No. 11.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Green Business Incubator project 
     of Montgomery County, Maryland, and the amount otherwise 
     provided in such section is hereby reduced by $150,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified to the form I have at the desk.
  Mr. SERRANO. I object.
  The Acting CHAIR. Hearing an objection, the gentleman from Arizona is 
recognized for 5 minutes.

[[Page H8245]]

  Mr. FLAKE. I'm just proud of myself for getting those words out 
before the objection came.
  Again, I would have substituted, this time, the Broadcaster Freedom 
Act amendment, which would have been the same amendment we passed last 
year, which needs to be passed every year to prohibit the FCC from 
bringing back the so-called Fairness Doctrine, which would muzzle or 
gag, much like we're being muzzled or gagged on this side during this 
debate. It would muzzle or gag, particularly, conservative talk radio. 
That is the purpose that has been raised in the past, and there are 
fears and, certainly, some support among certain powerful Members of 
this body to reinstate the so-called Fairness Doctrine.
  This would prohibit the FCC from spending any money to implement that 
Fairness Doctrine. Again, first we're being told that we don't have 
time to consider this amendment. We know that's not the case. So the 
real reason is the majority leadership does not want this amendment to 
be considered. They don't want the debate to happen. They don't want a 
vote to happen. They don't want to put their Members on record. They 
simply don't want to prohibit funding for that purpose. It is too bad, 
Mr. Chairman. I would hope that we could return to the traditions of 
this House, have open appropriations bills and have an open debate.
  This amendment would remove $150,000 in funding for the Montgomery 
County Green Business Incubator, and it would reduce the cost of the 
bill by a commensurate amount. The recipient of this earmark is the 
Montgomery County Department of Economic Development. Now, I should say 
I don't know how many counties there are around this country. States 
like Arizona have large counties. A few States in the Midwest and in 
the South have literally hundreds of counties. In just about every 
county in the country there is a Department of Economic Development. 
Cities have them. States have them. There are literally thousands 
across this country, but we're singling out one here, the Montgomery 
County Department of Economic Development.
  We're saying, You don't have to compete with everybody else for any 
dollars that the SBA has to send out, because we're going to earmark 
those dollars, and you're going to get them regardless of the merit of 
your program. It may be good; it may not be, but it doesn't matter 
because a powerful Member of Congress can simply say you're going to 
get that money, and that's what's happening here.
  Again, these are business incubators, which is a pretty broad topic, 
providing services that a lot of private-sector organizations across 
this country already provide.
  I reserve the balance of my time.
  Mr. VAN HOLLEN. I rise to claim the time in opposition, Mr. Chairman.
  The Acting CHAIR. The gentleman from Maryland is recognized for 5 
minutes.
  Mr. VAN HOLLEN. Mr. Chairman, first of all, I want to commend my 
colleague from Arizona for taking the time to scrutinize many of these 
projects.
  I am pleased with the changes we have made in this body with respect 
to the transparency and accountability of the earmark reform process. 
It's something that my colleague has fought for for many years, but 
those changes did not actually take place until the new Congress was 
sworn in in January 2006. I am pleased we have gotten to this point, 
and I think the gentleman performs a very useful function here.
  Montgomery County, Maryland, has become one of the Nation's centers 
in the biotech area. It is one of the top 10 biotech centers in the 
country. One of the reasons they were able to do that is they pursued a 
successful strategy of creating incubators.
  Mr. Chairman, I include for the Record a whole list of success 
stories for the Montgomery County Incubator.

     Montgomery County Incubator Network Success Stories--June 2009

       1. Avalon Pharmaceuticals.
       Ken Carter, Ph.D., President, 20358 Seneca Meadows Parkway, 
     Germantown, MD 20876, 301-556-9900.
       Admitted: January 2000.
       Graduated: October 2000.
       Current Employees: 50+.
       At admission: 3.
       Avalon Pharmaceuticals, Inc is a bio company that utilizes 
     an innovative forward chemical genetics approach to create 
     safer and more effective small molecules medicines-focused in 
     the area of cancer. The company has received more than 60 
     million in venture capital funding. In December 2004 the 
     company was selected as a Top 100 Innovator by Red Herring. 
     Red Herring covers technology innovation, venture financing, 
     and the deals that make a difference. Its award-winning 
     journalists go deeper, providing a comprehensive, critical 
     analysis of what's new and why it matters. Red Herring's 
     editorial staff evaluated over 1,200 submissions from 900 
     public and private companies, and selected the Top Innovator 
     companies. The company executed an IPO in 2005 and was sold 
     in 2009 to Clinical Data.
       2. Nextone Communications.
       Ravi Narayan, COO and Co-founder, 101 Orchard Ridge Dr., 
     Suite 300, Gaithersburg, MD 20878, Tel. 240-912-1300.
       Admitted: April 1999.
       Graduated: January 2003.
       Current Employees: 100+.
       At admission: 4.
       Nextone develops carrier-grade products that provide 
     scalable session management of voice over IP (VoIP) and other 
     real-time services. Nextone's portfolio of core and edge 
     session management technologies enables service providers and 
     carriers to interconnect their voice networks in the most 
     simple and cost effective way. Nextone has offices in Asia 
     and Europe.
       3. Systems Integration & Development, INC (SID).
       Ajay Agrawal, President & Founder, 15200 Shady Grove Road, 
     Suite 300, Rockville, MD 20850, Tel. 301-840-2120.
       Admitted: January 1999.
       Graduated: July 2002.
       Current Employees: 110.
       At admission: 4.
       SID specializes in designing, developing, and implementing 
     superior quality web based software solutions for commercial 
     enterprises and government agencies. SID has developed 
     several web based COTS tools as solutions for workflow 
     management, document management and tracking systems. 2004 
     has been a stellar year for SID. The company has been named 
     members of several key ``who's who'' lists in the IT world, 
     including Maryland Technology Fast 50 (ranked 21st), 
     Washington Technology Fast 50 (ranked 13th), and the 
     Technology Fast 500 for North America (ranked 483rd.)
       4. GeneDX, Inc.
       Sherri Bale, Founder, President & Clinical Director, 207 
     Perry Parkway, Gaithersburg, MD 20877, Tel: 301-519-2100, 
     x102.
       Admitted: July 1999.
       Graduated: September 2002.
       Current Employees: 25.
       At admission: 2.
       GeneDx specializes in genetic testing for rare hereditary 
     disorders. Its mission is to make clinical testing available 
     to people with rare genetic conditions and their families.
       5. Opgen, Inc.
       Noel Doheny, CEO, 708 Quince Orchard Boulevard, 
     Gaithersburg, MD 20878, Tel: 301-919-6635.
       Admitted: March 2008.
       Graduated: July 2008.
       Current Employees: 56.
       At Admission: 2.
       Opgen holds the record for the fastest graduation in the 
     Incubator Network. The company owns a proprietary molecular 
     detection system. The purpose of its technology is to detect 
     and identify pathogens. Opgen's technology was utilized by 
     the U.S. FDA to detect and trace the source of e-coli and 
     salmonella that broke out in the produce markets. The company 
     has received $50MM in venture funding and has contracts with 
     the FDA and DARPA.
       7. Aeras Global TB Foundation.
       Jerald Sadoff, MD, President & CEO, 1405 Research 
     Boulevard, Rockville, MD 20850, Tel: 301-547-2900.
       Admitted: February 2004.
       Graduated: September 2006.
       Current Employees: 110.
       At Admittance: 5.
       Aeras is the recipient of over $200MM in grants, namely 
     from the Bill & Melinda Gates Foundation. The organization is 
     focused on developing a new and improved vaccine for 
     tuberculosis, as well as diagnostics and therapeutics.
       8. Advanced Vision Therapies, Inc.--``Finding Solutions to 
     Prevent Blindness''.
       Michael Kaleko MD, PhD, President, 9 West Watkins Mill 
     Road, Gaithersburg, MD 20878.
       Admitted: June 2003.
       Graduated: January 2007.
       Current Employees: 18.
       At Admittance: 4.
       Advanced Vision Therapies, Inc. (AVT) is focused on the 
     treatment of sight-threatening eye diseases, such as age-
     related macular degeneration and finding a cure that works. 
     AVT recognized that an improved delivery system is required 
     to enable the broad application of ocular therapeutics. The 
     company has identified two novel therapeutics and developed a 
     proprietary delivery system, which, with a single 
     administration, will provide sustained, possibly life-long 
     therapy. AVT was aquired by the Wellstadt group who was 
     subsequently aquired by Roche.
       9. 20/20 GeneSystems, Inc.
       Jonathan Cohen, Esq., CEO, 9430 Key West Avenue, Rockville, 
     MD 20850.
       Admitted: September 2001.
       Graduated: December 2006.

[[Page H8246]]

       Current Employees: 14.
       At Admittance: 2.
       20/20 GeneSystems, Inc. is dedicated to the development and 
     commercialization of novel protein biomarker based 
     diagnostics useful for both early disease detection and 
     personalized medicine. The company presently utilizes several 
     proprietary protein array technologies including a technique 
     for multiplex tumor profiling that is a platform for 
     ``companion diagnostics'' that predict patient response to 
     targeted therapies. The company is using its technology to 
     develop what it believes will be the first blood test for the 
     early detection of lung cancer that will be a routine screen 
     for smokers and others at high risk for the world's leading 
     cancer killer. The company also has a profitable business 
     unit, 20/20 BioResponse, dedicated to delivering 
     biotechnology solutions to first responders.
       10. ADF Solutions, Inc.
       JJ Wallia, CEO, 4641 Montgomery Avenue, Suite 515, 
     Bethesda, MD 20814.
       Admitted: October 2005.
       Graduated: June 2007.
       Current Employees: 18.
       At Admittance: 2.
       ADF Solutions is the leading provider of software triage 
     tools for forensic analysis. These tools allow for first 
     responders, case agents and forensic examiners to quickly and 
     cleanly analyze suspect computers and drive images, both in 
     the field, and in forensic laboratories. The company's 
     solutions are currently being deployed and tested at agencies 
     worldwide for child exploitation cases, drive images 
     analysis, cyber crimes, financial crimes and others.
       11. Ariadne Genomics, Inc.
       lya Mazo, PhD, CEO, 9430 Key West Avenue, Rockville, MD 
     20850.
       Admitted: October 2005.
       Graduated: June 2007.
       Current Employees: 30.
       At Admittance: 4.
       Ariadne brings together a unique combination of talents in 
     algorithm design, commercial bioinformatics system 
     construction and bench-level biological expertise. The 
     availability of public human and other genomic date, 
     organism-wide protein-protein interaction data and widespread 
     gene profiling technologies presents new challenges to the 
     storage and analysis of biological and pre-clinical data. In 
     recognition of this trend, Ariadne introduces a new 
     generation of bioinformatics products that combine 
     flexibility of desktop applications and browsing power of 
     web-based solutions.
       12. NetImmune (now known as RioRey).
       Jason Lu, Original Founder, 7920 Norfolk Avenue, Bethesda, 
     MD 20814.
       Admitted: October 2005.
       Graduated: April 2006.
       Current Employees: 26.
       At Admittance: 2.
       Distributed Denial of Service (DDOS) attacks, in which a 
     targeted server is crippled or shut down by a flood of 
     malicious traffic, are a growing threat to both public and 
     private networks, endangering revenue, productivity and 
     confidential data. NetImmune's technology provides a unique, 
     hardware-based solution to the DDOS threat. The technology 
     was originally developed by the University of Maryland, 
     commercialized by NetImmune and is now sold under the name of 
     RioRey.
       13. Radius Technology Group, Inc.
       Chris Archer, CEO, 804 Pershing Court, Suite 001, Silver 
     Spring, MD 20910.
       Admitted: August 2004.
       Graduated: August 2007.
       Current Employees: 23.
       At Admittance: 3.
       Radius Technology is an award winning Information Assurance 
     and Security Services Firm. They offer innovative, 
     comprehensive information assurance and technology security 
     services. Their risk-based approach aligns the most effective 
     information assurance solutions with the unique needs and 
     business objectives of its clients.
       14. Get Real Consulting (formerly InetXperts).
       Robin Weiner, CEO, 51 Monroe Street, Suite 1903, Rockville, 
     MD 20850.
       Admitted : October 2002.
       Graduated : December 2007.
       Current Employees: 30.
       At Admittance: 3.
       Get Real Consulting is the 2009 Microsoft Health Users 
     Group--Innovation Awards Winner and the 2008 Emerging 
     Business of the Year (Montgomery County Chamber). The company 
     focuses on delivering high quality IT/Healthcare solutions 
     and was one of the first Microsoft Health Vault solutions 
     provider.
       15. Institute for Biological Energy Alternatives (IBEA).
       J. Craig Venter, CEO, 9704 Medical Center Drive, Rockville, 
     MD 20850.
       Admitted : May 2002.
       Graduated : September 2004.
       Current Employees : 200+.
       At Admittance : 4.
       IBEA is now a part of the consolidated J. Craig Venter 
     Institute. The JCVI in May of 2009 received a $43 million, 
     five year contract from the NIH/NIAID to provide genomics 
     resources that are responsive to the needs of the global 
     infectious disease community. To do this, JCVI investigators 
     with scientific and technical expertise in infectious 
     diseases, human genomics, DNA sequencing, genotyping, and 
     bioinformatics, will continue to generate comprehensive 
     genomic data sets that will enable pathogen countermeasures 
     such as vaccines, therapeutics, diagnostics, and surveillance 
     methods.
       About the Craig Venter institute: The JCVI is a not-for-
     profit research institute in Rockville, MD and San Diego, CA 
     dedicated to the advancement of the science of genomics; the 
     understanding of its implications for society; and 
     communication of those results to the scientific community, 
     the public, and policymakers. Founded by J. Craig Venter, 
     Ph.D., the JCVI is home to approximately 400 scientists and 
     staff with expertise in human and evolutionary biology, 
     genetics, bioinformatics/informatics, information technology, 
     high-throughput DNA sequencing, genomic and environmental 
     policy research, and public education in science and science 
     policy. The legacy organizations of the JCVI are: The 
     Institute for Genomic Research (TIGR), The Center for the 
     Advancement of Genomics (TCAG), the Institute for Biological 
     Energy Alternatives (IBEA), the Joint Technology Center 
     (JTC), and the J. Craig Venter Science Foundation.

                              {time}  1615

  Mr. VAN HOLLEN. Thank you, Mr. Chairman.
  We are now adjusting to a new imperative, which is to make sure that 
we, as a Nation and as communities, move in the direction of clean 
energy technology and energy efficiency. These funds would be used by 
Montgomery County on a competitive basis to provide seed funding for 
startup small businesses, companies that have to meet very rigorous 
criteria, just as the kind of criteria they used and was applied in the 
biotech sector. So I think this is an incredible example of strong 
public-private partnerships. Again, these will be distributed on a very 
competitive basis. There is going to be a long line of people waiting 
for these requests, and they are going to have to meet the competition 
requirements. I'm pleased to join in this request with my colleague 
Donna Edwards. Unfortunately, Mr. Chairman, we're in Ways and Means 
marking up the health bill, so I am going to have to turn it over to my 
colleague.
  The Acting CHAIR. Without objection, the gentlewoman from Maryland 
will control the balance of the time.
  There was no objection.
  Mr. FLAKE. Mr. Chairman, how much time is remaining?
  The Acting CHAIR. The gentleman from Arizona has 2\1/2\ minutes 
remaining and the gentlewoman from Maryland has 3 minutes remaining.
  Mr. FLAKE. And I have the right to close?
  The Acting CHAIR. The gentleman is correct.
  Mr. FLAKE. I will reserve the balance of my time.
  Ms. EDWARDS of Maryland. Mr. Chairman, I rise in strong opposition to 
this amendment. This amendment would prohibit funding for a project 
that will have a tremendously positive economic impact not only to 
Montgomery County but to the entire State of Maryland. This Green 
Business Incubator is expected to house 20 to 25 new businesses that 
will create an estimated 460 green jobs in our State. This project is 
both unique and innovative, and it's timely. This is a transformational 
time for American entrepreneurs, creators and innovators; and we have 
an opportunity not to do the work as government but to facilitate it, 
to jump-start it and to get out of the way of smart green 
entrepreneurs.
  This is not the type of project that should be cut. Instead, this 
project should be used as a model for local areas around the Nation. 
The project is an example of how local communities can spark economic 
growth within a region, not with the help of giant outside 
corporations, but with small local businesses that are most closely 
connected to the people and their communities.
  Now aside from providing economic growth, this Green Business 
Incubator and others like it around the country is a way to invest in 
our environment and new environmental technologies, 21st century 
technologies. The project will use both critical environmental 
investments and technologies that have resulted in new energy and 
climate policies and that have accelerated demand for green 
technologies.
  This particular area of Maryland is a technology hub. Montgomery 
County intends to use the linkage locally with some of our strongest 
Federal laboratories, NIST, NOAA, NASA and the Department of Energy to 
develop new technologies that are environmentally sound. It is going to 
take a continuum of technologies to meet our global, environmental and 
energy needs in the 21st century. We have a strong track

[[Page H8247]]

record in Montgomery County with these Federal research to 
commercialization models. In FY09, Montgomery County had 135 companies 
in incubators with a fiscal impact of $465,000 to county coffers. This 
Green Business Incubator will contain the 21st century labs and 
communications facilities that fledgling green businesses need to grow, 
flourish, employ hundreds of workers and generate thousands of dollars 
in private market capital.
  I would like to thank Chairman Serrano and Ranking Member Emerson for 
seeing the importance of this project for this century and for seeing 
its potential to spur environmentally sound economic growth for small 
business in Maryland. I urge a ``no'' vote on this amendment.
  I reserve the balance of my time.
  Mr. FLAKE. The gentleman who spoke earlier mentioned that this was in 
the top 10 of something. I know that Montgomery County beat out eight 
competing counties to house the Maryland Clean Energy Center, which is 
the State's first clearinghouse to drive clean energy and technologies. 
So we have an organization here, a county that is beating out 
competition. That's a good thing. But we're telling them, because 
you're beating out that competition, we're going to give you an earmark 
so you won't have to compete anymore. I mentioned that there are 
literally thousands of county Departments of Economic Development 
around the country who would like a shot at these funds, I'm quite 
sure. But when they apply for these funds at the SBA, they're probably 
being told, Sorry. That account is oversubscribed. There are too many 
earmarks in it so you won't be able to compete because a particular 
powerful Member of Congress simply siphoned off the funding so that an 
organization or institution in his or her district could receive those 
funds without competing for them. Just remember, what earmarks really 
are are no-bid contracts. It's basically an acknowledgement that you 
don't want the organization or institution in your district or 
elsewhere to compete for the funding, so you are going to ensure that 
they get it. And when you look at a chart like this, it's particularly 
pernicious when 60 percent of the share of earmarks are associated with 
appropriators, leadership, committee Chairs or ranking minority 
members, who comprise just 24 percent of this body, and 70 percent of 
the dollar value is associated with that group. And so you have a 
spoils system that decides where this money goes. Remember, Congress 
has the power to appropriate; and what we should do is first authorize, 
then appropriate and then conduct proper oversight but not circumvent 
that process by saying, We're just going to run a parallel program over 
here in Congress and earmark the dollars.
  With that, I reserve the balance of my time.
  The Acting CHAIR. The gentlewoman from Maryland has 30 seconds 
remaining.
  Ms. EDWARDS of Maryland. Mr. Chair, with all due respect to the 
gentleman from Arizona--and I definitely understand his purpose--the 
fact of the matter is, this is a great project not just for the State 
of Maryland but for this country. It's important for us to look 
specifically at what a project will accomplish, how many jobs it's 
going to create in our State of Maryland and the value of that. I 
agree. I'm not going to pick and choose winners and losers among 
businesses in my congressional district, but I will pick and chose for 
the growth of small business in our community and stand behind those 
choices.
  I yield back the balance of my time.
  The Acting CHAIR. The gentleman from Arizona has 30 seconds 
remaining.
  Mr. FLAKE. I thank the Chair.
  The argument we're hearing is akin to saying--you know this whole 
college bowl system that we have, the BCS? That's good. But we think 
the University of Maryland or Arizona State University or BYU or 
another organization, we think they're better. So we're just going to 
award them the national championship. They shouldn't even have to 
compete in the BCS or anywhere else because we think they're better. 
And because we can, we're going to do that. That's one of the problems 
with the contemporary practice of earmarking. And for that, I hope that 
we will object this amendment and at some point say that we can't 
continue to spend money in this way.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 12 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 111-208.
  Mr. FLAKE. 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. 12 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Activity Based Total 
     Accountability project of the Florida Institute of Technology 
     in Melbourne, Florida, and the amount otherwise provided in 
     such section is hereby reduced by $100,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form I have at the desk.
  Mr. SERRANO. I object.
  The Acting CHAIR. Hearing objection, the gentleman from Arizona is 
recognized for 5 minutes.
  Mr. FLAKE. I thank the chairman.
  It's unfortunate that it's been objected to again. Again, this 
amendment that I would have substituted is one that had bipartisan 
support, many Democrats, many Republicans, that would simply keep in 
place the restrictions that have been in place for years with regard to 
taxpayer-funded abortion. This is one that the rule for this bill just 
narrowly passed after the vote was held open for longer than it was 
supposed to so that a few arms could be twisted to make the rule pass 
because so many Members wanted this amendment to be considered. But yet 
the leadership on the majority side has said, We don't want to have a 
debate on this. We don't want to have a vote on this.
  Now it doesn't matter which side you're on on this issue. I think 
everyone should agree that we should have a vote on it. This is the 
people's House. People should have the opportunity to vote on issues 
like this. It is not increasing the time for debate. It's simply 
substituting one amendment for another. It is unfortunate we won't be 
able to do that.
  This amendment would remove $100,000 in funding for the Florida 
Institute of Technology in Melbourne, Florida, to be used for, quote, 
activity-based total accountability. According to the earmark sponsor's 
Web site, he requested just short of $1 million to ``create a national 
government services standards program to provide guidelines for which 
the efficiency of government services can be compared.''
  I reserve the balance of my time.
  Mr. CULBERSON. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. CULBERSON. Mr. Chairman and Members, funding recommendations 
included in this bill were made in full compliance with the applicable 
rules and procedures of the House. On a bipartisan basis, we have 
scrutinized thousands of Members' requests and recommended funding for 
those projects that the committee believes are most meritorious. In 
addition, the Small Business Administration was given an opportunity to 
vet this project and provided the committee with no negative feedback 
regarding the project or the grantee. I urge my colleagues to oppose 
this amendment.

[[Page H8248]]

  I yield such time as he may consume to the gentleman from Florida 
(Mr. Posey).
  Mr. POSEY. I thank the gentleman from Texas for yielding, and I want 
to thank our good friend, the Congressman from Arizona, for filing this 
well-intentioned but badly misguided amendment. It's not often that 
Members of Congress get the opportunity to specifically vote to make 
government more accountable. By defeating this amendment, you will have 
done that. You will have cast a vote, a stand-alone vote to make 
government more accountable.
  The amendment strikes funding for a government accountability program 
known as the Activity-Based Total Accountability Institute. Government 
accountability is not a partisan issue. Thank goodness it's a 
bipartisan issue. The Florida legislature established this Activity-
Based Total Accountability Institute on a strong bipartisan vote. In 
fact, it was a unanimous vote of the State legislature. And I am proud 
to point out that eight Members of the current Congress, Republicans 
and Democrats, supported this legislation when it was first passed by 
the Florida legislature. Those Members include the likes of outstanding 
congresspeople, Representative Wasserman Schultz, Representative 
Kendrick Meek, Representative Ginny Brown-Waite, Representative Mario 
Diaz-Balart, Representative Ron Klein, Representative Suzanne Kosmas, 
Representative Connie Mack, Representative Adam Putnam and 
Representative Gus Bilirakis. We joined together in a bipartisan 
fashion because we know we need a greater accountability in government 
and in how taxpayer dollars are being spent, and this was a way to 
accomplish that.
  I think we can accomplish much when we come together and reach across 
party lines for greater accountability and for the most efficient use 
of taxpayer dollars. That's why we did this; and that's what we did 
when we passed it; and hopefully that's what we will continue to do 
here today.
  Activity-Based Total Accountability has been proposed as model 
legislation by the American Legislative Exchange Council, the Nation's 
oldest and largest bipartisan and nonprofit association of State 
lawmakers. Also the National Conference of State Legislators 
recommended that it be model legislation in each and every State. In 
fact, ALEC called it ``the best legislation to come out of any State 
capital in over a decade.'' If you support better government 
accountability, you should vote against this amendment, obviously.
  Activity-Based Total Accountability helps us better understand unit-
based accounting--what it does, what it costs the government to 
accomplish a certain task, how does that compare on a State-by-State 
basis. That's what ABTA tells decision makers, and that's what it tells 
the public. It's the most useful kind of cost accounting which presents 
the cost for all government activities in a format anyone can 
understand. Taxpayers can see line by line what government actually 
accomplishes with its resources.
  Florida put $750,000 into the establishment of the institute to 
gather budget data from every State. The comprehensive analysis of 
apples to apples will help every State spend its resources more 
efficiently and the Federal Government's as well. Defeating the 
amendment will allow the program to continue, and I would respectfully 
request that you join me in voting ``no'' on the amendment.
  Mr. CULBERSON. If the gentleman will yield, I think it's important to 
point out--and I want to say that I share my colleague Mr. Flake's zeal 
for trying to cut spending and control spending. I know Mr. Posey 
shares that concern. We all, as fiscal conservatives, are committed to 
controlling spending. But under the rules that this liberal majority 
has established, under their PAYGO, this bunch thinks that to cut taxes 
increases the deficit; and therefore, under the rules of this House, it 
is forbidden, essentially, to cut taxes and impossible to cut spending.

                              {time}  1630

  So, even if Mr. Flake's amendment were passed, the money that he is 
reducing, $100,000, would churn right back in to the appropriations 
bill to be spent elsewhere. I know that aggravates Mr. Flake as much as 
it does me.
  We have to reform the budget process. We have to be able, as fiscally 
conservative Members of Congress, to get up on this floor and offer 
cutting amendments that actually cut spending. But the game is rigged 
against taxpayers. Taxpayers are the losers in the way the rules of the 
House operate. And it is just not right.
  Now, Mr. Posey has got a very worthwhile project here in his own 
district, and that is something that he believes in his heart works. I 
join in opposing this amendment, but I would ask the Members to help us 
reform the budget process so we can actually cut spending and cut 
taxes.
  Mr. FLAKE. I thank the gentleman from Texas for his comments. I think 
if we could bottle up all the shared zeal to cut spending, then maybe 
we could pass one of these amendments to cut spending.
  The gentleman points out that we are not cutting it, and that year 
after year, when those of us who want to come down here and strike 
funding for earmarks want to do it, we receive objection from those on 
the Appropriations Committee to say, well, you're not really saving 
anything because it will go right back into there.
  But you can go and lower the 301(b)s and (a)s, and you can do it the 
way you want to, but maybe, just maybe the reason the Appropriations 
Committee, on both sides of the aisle, unfortunately, and it pains me 
to say this as a Republican, but part of the reason you don't see the 
Appropriations Committee very anxious to cut spending is because of 
this. When you look at 70 percent of the dollar value of the earmarks 
being associated with Members who make up less than 24 percent of the 
body, if you take the Appropriations Committee, it is less than 14 
percent of the body, and more than half of the dollar value of earmarks 
goes to just 14 percent of the body.
  So I have to take with a rather large grain of salt the lamenting 
year after year after year by appropriators on both sides of the aisle 
that we can't cut this earmark spending because that darn money will 
just go right back into the system. So we can change any time we want.
  I should say, also, this amendment made in order here will cut the 
funding and reduce it in the bill by the same amount. And to hear the 
excuse that we simply can't do that--and also this is something called 
activity-based total accountability, and the sponsor says that the 
purpose of the earmark is so that we can have more transparency in our 
funding structures at the State and local level. I find it ironic that 
we are using the least accountable system for distributing funds in 
order to increase transparency somewhere else.
  At some point, we are all going to scratch our heads and say, 
wouldn't it be better when we are running at what could be a $2 
trillion deficit this year to actually save the money and not spend it 
and concede to the taxpayers we can't continue to go on this way? But 
simply to say we can't cut these earmarks because, oh, that money will 
just go somewhere else, really, is a bit, it is just----
  Mr. CULBERSON. Will the gentleman yield?
  Mr. FLAKE. For 15 seconds. I think I have heard this before.
  Mr. CULBERSON. We tried in committee, Jeff. Mr. Lewis, the ranking 
member, offered an amendment in full committee to cut the overall 
spending levels in the Appropriations Committee, and we were defeated 
by the liberal majority. So we have made the effort. We are trying. And 
we are doing it at every opportunity. The frustration is your amendment 
won't save any money. I join you in wanting to cut, but this won't do 
it.
  Mr. FLAKE. Reclaiming my time, we were in control for 6 years while I 
have been in this Congress, and we didn't make any effort to do that. 
That is the unfortunate thing. And we haven't done any better under the 
current leadership. But, unfortunately, we didn't send a very good 
example when we were in charge because we could have, at any time, 
ensured that the money went back to the taxpayer. But we didn't.
  With that, I urge adoption of the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).

[[Page H8249]]

  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 13 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 111-208.
  Mr. FLAKE. 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. 13 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Commercial Kitchen Business 
     Incubator project of the El Pajaro Community Development 
     Corporation in Watsonville, California, and the amount 
     otherwise provided in such section is hereby reduced by 
     $90,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form I have at the desk.
  The Acting CHAIR. Is there objection?
  Mr. SERRANO. I object.
  The Acting CHAIR. Objection being heard, the gentleman from Arizona 
is recognized for 5 minutes.
  Mr. FLAKE. Is the gentleman sure he doesn't want to just reserve the 
right to object until he hears which amendment I have?
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. FLAKE. All right. This amendment, I would submit, the 
modification would be to allow the school choice initiative to continue 
in D.C., again, a bipartisan amendment offered to the Rules Committee, 
rejected by the Rules Committee, because the Democratic leadership 
decided that this House should not debate the topic nor vote on it.
  We have the time. It is not an issue of time. I'm willing to forgo 
one of my amendments to allow this one to be offered. But, again, the 
House leadership has decided they don't want to debate nor vote on this 
amendment, and so we are not allowed to.
  We are breaking tradition that has held for decades and decades and 
decades in this House in order to simply shield Members or shield 
parties or whatever from votes that might be taken in the body. And 
that is unfortunate.
  This amendment would prohibit $90,000 in funding for the Commercial 
Kitchen Business Incubator in Watsonville, California, and would lower 
the overall cost of the bill by a commensurate amount. According to the 
sponsor, the funding would be used for a small business incubator for 
food service microenterprise. Specifically it would be used to purchase 
industrial kitchen equipment.
  With that, I reserve the balance of my time.
  Mr. FARR. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. FARR. Mr. Chairman, I rise in opposition to this amendment. And 
let me explain, as others have explained the situation. Pajaro Valley 
is in the central part of California. It is probably the most 
agriculturally productive area in the region and in the whole Nation. 
It is also the epicenter for the Loma Prieta earthquake in 1989. It was 
the largest plant closure for food processing plants, and it now has an 
unemployment rate of over 25 percent.
  We have been struggling for many years to try to get involved in how 
do you create businesses, create new businesses, create businesses that 
people who have no capital, have no ability to go out and borrow money 
can start. And a lot of that is cottage industry. One of the cottage 
industries is the catering business, areas where you learn to be chefs 
at restaurants, learn, particularly with all of our specialty crops and 
organic crops, how do you take those crops and move them to the next 
stage. It is also a struggle because in order to do that and to get 
into the commercial world, you have to have a commercially licensed 
kitchen.
  So we have been struggling. The local community is very involved in 
this. Local businessmen sit on the board of directors of the community 
development corporation. This is a corporation set up under Federal 
law. Under the small business development corporations, you have 
bankers sitting on this, you have business people sitting on it, and 
you have lawyers sitting on it. And what they do is they work with 
people in giving them the skills they need to go into business for 
themselves.
  Part of that is to build a place where you can come and learn all of 
this food processing and food cooking. You need to have a kitchen. It 
needs to be industrialized. It needs to be certified. You just can't 
run a business out of the back of your home. It is just not legal in a 
residential area to start a commercial enterprise like that. It has 
strong backing from the small business community. This is a one-time 
expenditure, never to be done again.
  I really have to say that I object to going after the poorest of the 
poor who want to get on their feet, who want to get off welfare and 
have that American Dream. And this is one area, one niche, that 
everybody has identified as a niche that needs to be filled. So I think 
this amendment would kill the American Dream. I suggest that you oppose 
it.
  I reserve the balance of my time.
  Mr. FLAKE. I thank the gentleman. I respect the gentleman from 
California. He and I have worked together on a lot of legislation.
  But in this case, I would simply say there are a lot of areas in the 
country that are hurting. In California, El Centro has an unemployment 
rate of 27 percent. Just across the California border in Arizona, Yuma 
has an unemployment rate of 20 percent. There are a lot of people 
hurting in a lot of places. But when I hear the gentleman say this is 
going to be a one-time expenditure, we have heard that before. We have 
heard that many, many times before. I'm sure some of the earmarks that 
we talked about earlier, the first year the Member got the earmark, he 
would have said, this is going to be a one-time expenditure. And yet 
year after year after year, we are funding the same earmark.
  These business incubators are particularly prone to repetitive 
earmarks over the years. We seem to keep funding them again and again.
  Again, let me say that there are a lot of business incubator services 
provided by chambers of commerce, trade associations and private sector 
organizations just wishing to supply services and to make a dollar. And 
yet now they are going to be asked to compete with a government entity 
that is receiving Federal largesse. And it simply doesn't work very 
well. We know we don't have sufficient money to spread around to 
everybody who wants it. We are running a deficit that could approach $2 
trillion. So we have to prioritize here. I would suggest it is time to 
say that we can no longer fund these business incubators that have kind 
of a nebulous mission that is provided by a lot of private sector 
organizations around there.
  I reserve the balance of my time.
  Mr. FARR. There is absolutely no competition with the private sector. 
They have endorsed this. They are the members of the board of 
directors. They are trying to assist this community to get on its feet. 
And why I take umbrage with this, there are 201 earmarks in this piece 
of legislation. The author of this amendment has chosen 11 to go after. 
And they are about attacking poor people, the poorest of poor. That is 
what incubator centers are about, to get people on their feet, people 
who can't get loans, can't get access to the capital that the normal 
business community can do. And who is helping them? The business people 
who say, yes, we need these jobs. These are niche jobs that are 
unfilled.
  If you're going to begin the entrepreneurial spirit in America, then 
you

[[Page H8250]]

have to get people into the entrepreneurial capability. That is legal. 
That is fiscal. And that is what this does.
  So I object to the fact that you have gone through this bill and only 
picked out 11 of 201 earmarks, less than 10 percent of this bill. If 
you want to attack earmarks, attack an F-22. Attack something that is 
big that really saves some money, instead of something that attacks 
poor people.
  Mr. FLAKE. I thank the gentleman. I hope I have the opportunity, 
because I will offer an amendment to the Defense Appropriations bill to 
stop funding the F-22. The gentleman has a good point. But we should 
also make the point that we cannot continue to pick and choose winners 
and losers here. What we are doing is borrowing money from our kids and 
our grandkids all around the country. We are borrowing money from small 
businesses and others because we simply don't have the money here. We 
are running a deficit.
  So what we are doing is selling bonds to finance the deficit that is 
going to have to be paid back at some time. We are saying, Mr. Small 
Businessman or Mrs. Small Businesswoman, we are going to take money 
from you now because we think we know how to spend it better on that 
business over there or on that incubator over there.
  I would submit that that simply is not the most efficient use of 
resources. The market would tell us that is the most inefficient way to 
allocate money. Government doesn't do a particularly good job of 
allocating money, allocating money to startup businesses or anything 
else. So we have got to say ``stop'' somewhere.
  I will be glad to support some of the programs that the gentleman 
has, some of the amendments to cut big items of spending from our 
entitlement programs and elsewhere. But we have got to do that, and we 
have got to do this. We can't let any program go and simply say that we 
are not going to cut spending when we have a deficit of nearly $2 
trillion.
  With that, Mr. Chairman, I would urge support of the amendment.
  I yield back the balance of my time.
  Mr. FARR. Mr. Chairman, this amendment doesn't save the Federal 
taxpayer one penny. It just takes it out of the earmark and puts it 
into the general fund. This earmark is to help the poorest of the poor 
get on their feet.
  I recommend a strong ``no'' vote on this amendment.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 14 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 14 
printed in House Report 111-208.
  Mr. FLAKE. 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. 14 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Defense Procurement Assistance 
     Program of the Economic Growth Connection of Westmoreland in 
     Greensburg, Pennsylvania, and the amount otherwise provided 
     in such section is hereby reduced by $125,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form that I have at the desk.
  The Acting CHAIR. Is there objection?
  Mr. SERRANO. I object.
  The Acting CHAIR. The gentleman from Arizona is recognized for 5 
minutes.
  Mr. FLAKE. I thought the seventh time might be the charm, but 
apparently not. Apparently, the majority party is insistent that it 
only hear the amendments that it wants to have debated and that it 
wants to vote on, rather than the amendments that the Members here 
decide what they want to debate and vote on.
  It is unfortunate. I would have substituted the amendment that would 
prohibit union activity on government time. It seems to be a simple 
concept, not controversial. But it is apparently one that the 
leadership did not want to debate nor to vote on. It is not an issue of 
time. Time constraints are already here.

                              {time}  1645

  The only issue is the majority leadership decided they don't want to 
debate or have a vote on this issue.
  This amendment would prohibit $125,000 from going to the Economic 
Growth Connection of Westmoreland in Greensburg, Pennsylvania, and 
reduce the overall cost of the bill by a commensurate amount. This 
funding would go toward the EGC's defense procurement and assistance 
program to, according to the sponsor, provide small and medium-sized 
business with additional support for all phases of the government 
contracting and acquisition process.
  I reserve the balance of my time.
  Mr. SERRANO. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. The Economic Growth Connection of Westmoreland operates 
a Defense Procurement Assistance Center to serve two counties in 
southwestern Pennsylvania having a combined population base of 500,000 
and combined workforce of over 257,000. The Economic Growth Connection 
is dedicated to growing small business and making local firms more 
competitive. This particular project, the Defense Procurement 
Assistance Program, advances these goals by: Offering assistance to 
small businesses on how to work with the DOD, including assistance with 
Federal Acquisition Regulations and workforce training; acting as a 
liaison between prime contractors and local suppliers to identify 
opportunities for subcontracting; conducting seminars to enhance the 
skill sets of the local workforce in this supply chain, including 
workshops on military certifications, process improvements, and quality 
assurance; and developing a manufacturing database to identify local 
companies and their capabilities. This database lists over 800 
companies employing an estimated 48,000 people. And over the last 3 
years, clients have been awarded on average $40 million each year in 
procurement contracts.
  This is a worthy project. And I think it should be retained.
  I reserve the balance of my time.
  Mr. FLAKE. Mr. Chairman, to be honest, I'm not sure how much more 
help southwestern Pennsylvania needs in the way of defense procurement 
assistance. And I'm not sure how much more the taxpayers in this body 
can actually afford.
  According to usaspending.gov, the district in which the Economic 
Growth Connection of Westmoreland appears to reside has benefited from 
nearly $1.4 billion in Federal contracts from 2004 to 2009, hardly the 
poorest of the poor. The Army, Navy, Air Force and Defense Logistics 
Agency make up four of the top 10 contracting agencies, and more than 
60 percent of these funds were not subject to full and open 
competition.
  Similarly, usaspending.gov indicates that the district of the sponsor 
of this earmark has benefited from more than a billion dollars in 
Federal contracts from 2004 to 2009, with less than half available for 
everyone to compete for.
  Among the list of contractors receiving these funds, according to 
usaspending.gov, are many that we've come to know very well, all too 
well: Kuchera Defense Systems, Argon ST, KDH Defense, and Concurrent 
Technologies. Kuchera Defense Systems. That is a defense contractor for 
whom the sponsor of this earmark requested funding over the past 2 
years, was raided by the FBI in January, suspended by the Navy, 
reported for ``alleged fraud,'' including multiple instances of 
incorrect charges, along with allegations of defective pricing and 
ethical violations.

[[Page H8251]]

  Argon ST has been in the news lately because it purchased Coherent 
Systems International in 2007. It has been reported that the former 
head of Coherent Systems pled guilty in Federal Court Tuesday, just 
this last Tuesday, to a kickback scheme and defrauding the U.S. Air 
Force.
  KDH Defense also made headlines when Roll Call reported that the 
bulletproof vest company received millions of taxpayer dollars to build 
a sonar system that it had no experience to design.
  Concurrent Technologies has long been the focus of defense earmark 
critics. For example, at the end of 2007 the Washington Post 
highlighted that the National Defense Center For Environmental 
Excellence that was managed by Concurrent had received more than $600 
million in funding, and that little of the center's work had been 
useful to the Department of Defense.
  How long can we continue to provide defense-related procurement 
dollars for an area with so many organizations that have been 
associated with conduct that I think people in this body would say are 
certainly not deserving of more earmarks? Yet we're doing it here 
again.
  How much longer are we going to do this, Mr. Chairman?
  With that, I reserve the balance of my time.
  Mr. SERRANO. I yield back the balance of my time.
  Mr. FLAKE. It shouldn't surprise anybody that several of these 
companies in this area were clients of the PMA Group, a now defunct 
lobbying firm that specialized in obtaining defense earmarks for its 
clients. Since PMA was raided by the FBI and closed its doors, multiple 
press reports have noted questions related to campaign contributions 
made on or behalf of the firm, including questions related to straw man 
contributions, reimbursement of employees for political giving, 
pressure on clients to give, suspicious pattern of giving, and the 
timing of donations related to legislative activity. So here we are, 
yet again, with another defense-related earmark for an area that has 
received billions in defense spending that has previously been 
associated with contractors that have run into trouble, and a lobbying 
group that has cast a long shadow over this House.
  I urge my colleagues, if we're going to step up at any time, and say, 
enough is enough, let's step up here. For an earmark for $125,000 to 
going to help in defense procurement for an area that receives billions 
and billions of dollars in defense procurement.
  When is enough enough, Mr. Chairman?
  I ask for support of the amendment, and I yield back the balance of 
my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. Flake. 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 Arizona will 
be postponed.


                 Amendment No. 15 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 15 
printed in House Report 111-208.
  Mr. FLAKE. I have an amendment at the desk designated as No. 15.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 15 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Myrtle Beach International Trade 
     and Conference Center of the City of Myrtle Beach, South 
     Carolina, and the amount otherwise provided in such section 
     is hereby reduced by $100,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form I have at the desk.
  The Acting CHAIR. Is there objection?
  Mr. SERRANO. I object.
  The Acting CHAIR. Hearing objection, the gentleman from Arizona (Mr. 
Flake) is recognized for 5 minutes.
  Mr. FLAKE. This is, I believe, number 8 times the majority has 
objected to simply substituting an amendment that was not ruled in 
order by the Rules Committee, an amendment that was germane. This 
particular amendment was one that would have protected broadcaster 
freedom to make sure that talk radio stations around the country and 
other media organizations would not be subjected to new regulations 
which would try to control their content. This amendment passed last 
year by a margin, I think, 309 votes in favor. Yet, it's one that the 
majority party did not want to hear debated, or did not want to see a 
vote on, and despite the fact that it has bipartisan support.
  Again, Mr. Chairman, we can't continue to go down this road, having 
martial law on appropriation bills and simply saying that we're going 
to decide, as a majority party, the majority leadership, which 
amendments can be offered, which ones can be debated.
  This particular amendment would prohibit $100,000 from being used to 
expand the Myrtle Beach International Trade and Conference Center in 
Myrtle Beach, South Carolina. It would reduce the overall cost of the 
bill by a commensurate amount.
  According to the Myrtle Beach Area Chamber of Commerce, the Myrtle 
Beach Convention Center hosted over 500 groups in 2008, has an economic 
impact of more than $55 million per year. It was the host site of the 
2008 South Carolina GOP Presidential candidates debate. It draws a 
large number of civic and public events.
  Why in the world are we spending another $100,000, when we have 
nearly a $2 trillion deficit, for a convention center, convention and 
conference center? There are convention and conference centers all over 
the country. There are many in my home State of Arizona. Why we should 
choose one and say they're worthy of an earmark and the other one 
isn't, and saying that they shouldn't compete for dollars, we're just 
going to hand them out.
  I reserve the balance of my time.
  Mrs. EMERSON. I rise in opposition to the gentleman's amendment.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Funding recommendations included in this bill were made 
in full compliance with the applicable rules and procedures of the 
House, and the Small Business Administration was given an opportunity 
to vet this project, and provided the committee with no negative 
feedback regarding the project or the grantee. Therefore, I urge my 
colleagues to oppose this amendment.
  I yield to Mr. Brown of South Carolina.
  Mr. BROWN of South Carolina. Mr. Chairman, I rise today to speak 
against the amendment offered by my friend from Arizona. I am proud to 
represent coastal South Carolina. I know that the economy of Myrtle 
Beach is suffering, and jobs are being lost every day.
  The tourism industry is the number one industry in the Myrtle Beach 
region, and the lifeblood of the surrounding area. The Myrtle Beach 
International Trade and Conference Center is an important part of that 
industry, with local economy impact of over $55 million every year. 
However, it has reached capacity, limiting its ability to attract major 
conventions. In light of this, the community has embarked upon a 
multiyear effort to expand the Center, funded through a mix of local 
and other dollars.
  Not only will improvements to the Center assist in attracting 
national conventions to Myrtle Beach, which will result in more good-
paying jobs for the region, but it also serves as the emergency command 
center for the city of Myrtle Beach in the event of a hurricane or 
other types of national disasters, which is why this project has 
received past support from the Department of Homeland Security.
  Horry County is one of the hardest-hit counties in South Carolina 
during this recession, and I am proud to do everything I can to assist 
my district to

[[Page H8252]]

create jobs and improve the quality of life of my constituents.
  Mr. Chairman, I would submit, for the Record, a letter from Myrtle 
Beach Mayor John Rhodes, as well as a letter from the Myrtle Beach 
Chamber of Commerce, detailing why this funding is needed and how it 
will be spent.
  Mr. Chairman, I urge my colleagues to vote ``no'' on the Flake 
amendment No. 15.

                                                 Myrtle Beach Area


                                          Chamber of Commerce,

                                  Myrtle Beach, SC, July 15, 2009.
     Hon. Henry Brown,
     House of Representative,
     Washington, DC.
       Dear Congressman Brown: I am writing to thank you for your 
     efforts to secure federal funds for the expansion of the 
     Myrtle Beach Convention Center. In particular, I thank you 
     for seeking $100,000.00 in the current legislation moving 
     through Congress. Your support of this important project is 
     greatly appreciated.
       The expansion project, once underway, will create hundreds 
     of jobs in our area. With our unemployment rate reaching 
     record levels, we desperately need more jobs and this project 
     will help us accomplish that objective.
       Once complete, the expanded convention center will attract 
     more groups and thousands of visitors to the area, boosting 
     tourism and creating jobs. Since tourism is the key 
     cornerstone to our local economy, we simply must find ways to 
     grow the economic base and create more jobs. Because the 
     convention center is so important to our economy today, an 
     expanded convention center will undoubtedly create new jobs 
     in our local community.
       We appreciate your past support of expanding the Myrtle 
     Beach Convention Center and urge you to continue to seek 
     funding for this important project. Your leadership is 
     crucial to this project and I hope you will continue to press 
     forward on this project.
       Thank you for all you do to lead South Carolina and the 
     First Congressional District.
           With warmest regards, I am,
                                                        Brad Dean,
     President.
                                  ____

                                             City of Myrtle Beach,


                                          Office of the Mayor,

                                  Myrtle Beach, SC, July 15, 2009.
     Hon. Henry Brown,
     House of Representatives,
     Washington, DC.
       Dear Congressman Brown: I understand that you will head to 
     the floor tomorrow to defend the $100,000 that you have 
     requested for the Myrtle Beach Convention Center. I want to 
     first thank you for your continued support for this project.
       Not only will an enhanced convention and trade center 
     create jobs in Horry County, which is one the state's leaders 
     in unemployment (not something that we are proud of nor happy 
     about), but will further enhance overall tourism to the Grand 
     Strand, which in turn will help create jobs.
       While I have the opportunity, I wanted to give you a quick 
     update on the expansion. The property has been purchased and 
     a needed expanded parking lot has been completed. Designs are 
     now underway for the performing arts portion of the structure 
     which will be around 30,000 sq ft. City Council is ready to 
     issue bonds for that construction as soon as design is 
     completed and bid. The program work is ongoing for the 
     further expansion of 100 to 150 thousand sq ft. The design 
     team and center staff just completed a whirlwind tour of 
     facilities in three states to get ideas of what is working 
     and not working in other facilities. There is a lot of work 
     ahead of us, but this facility plays a huge role in the 
     multi-billion dollar tourism economy for the Grand Strand and 
     the State and the expansion thereof is critical to us.
       Thank you again for all of your support.
           Sincerely,
                                                   John T. Rhodes,
                                                            Mayor.

  Mrs. EMERSON. I yield 3 minutes to my good friend, Mr. Culberson from 
Texas.
  Mr. CULBERSON. Mr. Chairman, the budget deficit this year, this week, 
for the very first time in history has exceeded $1 trillion. The 
national debt is now over $12 trillion.
  The liberal majority that controls this House, passing the energy tax 
just before the Fourth of July break, the biggest tax increase in the 
history of America, the liberal majority that controls this House, 
passing this ``spendulus'' bill in a single shot, more money than is 
spent by the entire annual budget of the United States. We are on the 
brink--this liberal majority that controls the House has taken over the 
automobile industry, the insurance industry, the banking industry. 
They're on the brink of taking over the health care industry. And by 
the way, Business Investors Daily reports today, the health care bill 
will make it illegal to even buy private insurance.
  This is the most massive expansion of government in the history of 
the United States. This Congress has spent more money in less time than 
any Congress in history, is about to raise taxes more than any Congress 
in history.
  We are on an unsustainable path for the future of this Nation. It's 
vitally important for us to control spending. No new taxes, no new 
spending, no new debt. That's very simple. Yet, the game, the rules of 
the House are rigged against the taxpayers.
  Even if every one of Mr. Flake's amendments were adopted, even if 
every amendment offered on the floor to cut these earmarks were 
adopted, taxpayers won't save a dime.
  Imagine sitting down to a game of chess, and even if you think you've 
got checkmate you don't, because the rules are rigged against you. The 
rules of this House are set up in such a way by the liberal majority 
that on a spending bill, it's impossible to cut spending. You've got to 
cut another bill, the budget bill, and reduce what's called the 302(a) 
overall spending level, which can't be done on this bill.

                              {time}  1700

  On the tax bill, you can't cut taxes. It's forbidden to cut taxes 
under the rules of the way this bunch runs the House. Their game is 
rigged against the taxpayers, and that's my greatest frustration.
  First of all, each Member of this House, no one will do a better job 
of representing the people of South Carolina than my good friend, Mr. 
Brown, and he publishes his request on his Web site. This is all done 
in a very transparent and open way. All of us are accountable to our 
constituents about the way we run our office, but it is time for the 
American people to stand up and demand that the rules be rigged in 
favor of the taxpayers.
  I'm sick and tired of this Congress spending money that our kids 
don't have, of rigging the game or the rules of the game so that we 
cannot cut taxes, so you can't cut spending. This is a charade. It's 
not right. It's wrong for our kids, and it's time to cut spending, cut 
taxes, and quit driving up the national debt.
  Mr. FLAKE. If the gentleman would continue in that vein, I would give 
him more time. I even got a bit of whiplash here. I thought the 
gentleman was arguing to not spend another $100,000 on Myrtle Beach, 
the convention center attached to the Myrtle Beach hotel, the Sheraton.
  Mr. CULBERSON. Would the gentleman yield? I would be glad to engage 
in a debate.
  Mr. FLAKE. If the gentleman is in support of the amendment, I would 
yield. If not, please don't say any more.
  My frustration was we were in the majority for the first 6 years I 
was here. There were a lot of the same Members of the same 
appropriations committee. We could have cut the 302(a)s, but we didn't. 
And now we have appropriators now in the minority party blaming the 
appropriators in the majority party for doing what we should have done 
a few years ago.
  So it all seems to me to make sense when you see a chart like this, 
that explains the spoils system that earmarks really are, when 70 
percent of the dollar value of earmarks go to just 24 percent of the 
House, and when less than 14 percent of the House gets well over 50 
percent of the dollar value overall of earmarks.
  So I have to say we have to start somewhere, and if we can't start by 
saving $100,000 for the Myrtle Beach conference center, I don't know 
where we can start. I really, really don't.
  So I would just urge my colleagues, if we say that we're fiscally 
responsible, then show it instead of standing up and saying, Hey, we 
need to cut spending, but first before we cut spending we've got to 
spend another $100,000 on the Myrtle Beach Convention Center. I think 
the taxpayers have heard that for far too long, when we were in the 
majority and now with the new majority. At some point, we're going to 
have to say we're not going to do this anymore. That's what we're 
attempting to do with this amendment. I would urge support of it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. Mr. Chairman, I demand a recorded vote.

[[Page H8253]]

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.


                 Amendment No. 16 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 16 
printed in House Report 111-208.
  Mr. FLAKE. I have an amendment at the desk designated No. 16.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 16 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 for 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for the Tech Belt Life Sciences Greenhouse 
     project of the Pittsburgh Life Sciences Greenhouse in 
     Pittsburgh, Pennsylvania, and the amount otherwise provided 
     in such section is hereby reduced by $100,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent that my amendment be 
modified in the form that I have at the desk.
  The Acting CHAIR. Is there objection?
  Mr. SERRANO. I object.
  The Acting CHAIR. The gentleman from Arizona is recognized for 5 
minutes.
  Mr. SERRANO. Would the gentleman yield?
  Mr. FLAKE. For the purpose--the gentleman has time, I believe.
  I will yield the gentleman 30 seconds.
  Mr. SERRANO. I just wanted to know if there was a time during this 
debate where you were going to show any gratitude to the Rules 
Committee for the fact that of the 17 amendments you got 11?
  Mr. FLAKE. I have said from the beginning I'm grateful for the 
amendments I get. But the vote on my amendments typically has all of 
the excitement and drama of a Cuban election where we know the outcome, 
unfortunately, and it serves as a useful purpose for the majority 
party.
  I'm grateful for the amendments I get. I guess you have to be 
grateful and express gratitude for the benevolence of the majority 
party for granting me a few amendments on a bill that has traditionally 
come to the Congress under an open rule.
  If that's what we've come to in this House, to just express gratitude 
for the crumbs that fall from the table in terms of being allowed to 
offer amendments on appropriation bills, I hope we haven't come to that 
but, Mr. Chairman, I'm starting to wonder.
  I would like to have offered an amendment in substitute for one of 
mine that would--again, this would be for the D.C. School Choice 
Initiative, to allow it to continue, to allow students to have the 
choice of where they go to school, but we're denied once again.
  This amendment would remove $100,000 in funding for the Pittsburgh 
Life Sciences Greenhouse, Tech Belt Biosciences Initiative and reduce 
the cost of the bill by the commensurate amount.
  This earmark states that the funding will be used for the creation of 
a Biosciences Tech Belt, and I am anxious to learn what that is.
  I would reserve the balance of my time.
  Mr. DOYLE. Mr. Chairman, I rise to oppose the amendment.
  The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. DOYLE. The goal of this project is to promote partnerships 
between various biotech industries and encourage growth in biosciences.
  Pittsburgh Life Sciences Greenhouse is a private-public partnership 
that provides entrepreneurial life science enterprises in Pittsburgh 
and western Pennsylvania with the resources and tools they need to make 
global advances in research and patient care.
  Both Pittsburgh and Cleveland are hubs of innovation and 
entrepreneurship. There are currently 800 companies in the biosciences 
sector employing more than 25,000 people in this tech belt region. This 
project will foster growth in the biotech sector by linking companies 
between the two cities.
  Pittsburgh Life Sciences Greenhouse has worked with companies in over 
20 counties throughout western Pennsylvania since its inception in 
2001. Due to their extraordinary work, 14.5 million has been committed 
in over 60 companies which have leveraged over $300 million in 
additional funding from venture capitalists and angel investors. 228 
companies have been launched or grown using Pittsburgh Life Sciences 
Greenhouse services. Over 300 jobs have been created or retained in the 
Pittsburgh Life Sciences Greenhouse-invested companies.
  The Tech Belt Biosciences Initiative takes these activities to the 
next level by creating, with its counterpart in Cleveland, an 
organization called BioEnterprise. Together, Pittsburgh and Cleveland 
pull in $1 billion in combined NIH research dollars which can spin off 
hundreds of companies and, in turn, create jobs.
  The Tech Belt Biosciences Initiative is designed to maximize this 
tremendous opportunity to improve public health, generate economic 
growth in a region in need of jobs, and ultimately make the region an 
international destination for biosciences and high-tech innovation. 
Promoting such growth and development not only benefits the State of 
Ohio, but the State of Pennsylvania and the entire country as a whole.
  It's now my pleasure to yield 2 minutes to my friend from Pittsburgh 
(Mr. Altmire).
  Mr. ALTMIRE. I understand what the gentleman from Arizona is doing 
here. He was going through the earmarks, as he does, and somebody needs 
to do that to make sure that they're all on the up-and-up. He saw the 
word ``greenhouse'' and he said, Why are we giving $100,000 to a 
greenhouse in Pittsburgh?
  Well, what this is is the Pittsburgh Life Sciences Greenhouse. We in 
Pittsburgh have the University of Pittsburgh Medical Center. We have 
Carnegie Mellon University. We are partnering with Cleveland, as 
Congressman Doyle just talked about, where you have the Cleveland 
Clinic and Case Western Reserve.
  So we have literally thousands of life science biotech startups 
throughout the region that are doing great work, that are creating 
jobs, that are growing the economy. And when you heard the word 
``greenhouse,'' that's what that's about. We're growing the economy in 
western Pennsylvania and northeastern Ohio. And this relatively modest 
investment that we're making through this earmark is going to fund an 
organization that has promoted 80 different venture capital firms that 
have directly funded 60 different companies through the initiatives 
that we're talking about.
  So it attracts private investment, angel investors, and venture 
capital firms that otherwise would not be involved in the Pittsburgh 
and Cleveland technology corridor, which has suffered with job losses 
because of trade agreements and because of the down economy over the 
past several years. And what we've done here is put together a group 
that's going to attract outside investment to capitalize manyfold above 
and beyond the relatively modest investment that we make here.
  And we are talking about an organization that just directly through 
this Pittsburgh technology belt, Pittsburgh-Cleveland Tech corridor, 
has grown 400 jobs and generated $300 million in venture capital and 
angel investment.
  So I think this is a very worthwhile investment that we can make to 
grow the economy, and Pittsburgh has weathered the storm very well. 
What we're talking about today has resulted in the fact that Pittsburgh 
has an unemployment rate that's below the national average.
  Mr. DOYLE. Mr. Chairman, I would like to yield any remaining time to 
our friend and colleague from Ohio, Mr. Ryan.
  Mr. RYAN of Ohio. I want to thank the gentlemen from the Pittsburgh 
area.
  This is a great investment for our community to pull these two, 
Cleveland-Youngstown-Pittsburgh corridor together.

[[Page H8254]]

  And I would just like to remind the gentleman from Arizona, as I have 
before and will continue on every amendment, his congressional 
district, Mr. Chairman, wouldn't even exist. You in Arizona, it's a 
desert. All of the water lines, all the sewer lines, the $7 billion 
Central Arizona Project was paid for by the taxes of the steelworkers 
in Pittsburgh. We helped build the West, our area, and now we're saying 
we need to retool our economy.
  And I think it is imperative for everybody in this House to know, 
we're all Americans here. And so to take investment during the 1950s 
and 1960s to build the West and then have a Member of Congress come 
before us here living in the largesse, spreading water into the desert 
so they can have nice golf courses, and come tell two Members of 
Congress from Pittsburgh, Pennsylvania, that are trying to retool their 
economy that somehow this is a bad use of Federal money, I have an 
answer for this.
  Why don't we send the State of Arizona a bill for the $7 billion that 
built the Central Arizona Project, that sent all of these water lines 
and sewer lines and public investment out there. Maybe we should ask 
for that money back and put it towards deficit reduction.
  Mr. FLAKE. Well, that was an interesting recitation of western 
history, I will tell you that, but this tech belt was created 2 years 
ago. The CEO of Pittsburgh Life Sciences Greenhouse and the CEO of 
BioEnterprise, Cleveland, decided to collaborate and leverage the 
existing resources in Pittsburgh and Cleveland, and this tech belt 
initiative was born.
  But this is an interesting quote. I want everyone to hear this. John 
Manzetti, the CEO of Pittsburgh Life Sciences Greenhouse said the 
objective of the tech belt was to ``create some excitement and get 
funding from the Federal Government'' to build up their regions. It's 
been successful at that. Believe me. There's a lot of money that has 
gone in Federal earmark money, that's for sure.
  According to the press release of the sponsor of this earmark, in 
this year's omnibus appropriation act alone, his district received $55 
million in Federal funding from earmarks. That's just in the omnibus 
bill itself.
  May I inquire as to how much time is remaining?
  The Acting CHAIR. The gentleman has 1 minute remaining.
  Mr. FLAKE. I will yield to the gentleman from Pennsylvania. The 
gentleman from Pennsylvania wanted to speak on a previous earmark, and 
I will yield him the last minute I have here.
  Mr. TIM MURPHY of Pennsylvania. With regard to Flake No. 14 
amendment, I want to let my colleagues know that the economic growth 
connection of Westmoreland County located in Greensburg is actually a 
very valuable resource to manufacturers in helping to keep the local 
employees, especially at a time when we are struggling with our 
economy.
  The funding for this will be used for small and medium-sized 
businesses and give them some additional support they otherwise would 
not be able to afford in helping small manufacturers compete with large 
firms to gain defense contracts and other jobs.
  It helps them find building and maintenance databases that showcase 
the unique capabilities they have. It helps them locate places for 
their manufacturing to take place. It provides several services that 
otherwise these businesses would have to, at a much larger expense, 
hire someone to take care of. It provides jobs. It provides help.
  And I hope my colleagues, in response, will oppose that amendment and 
help preserve some jobs in the area.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                 Amendment No. 17 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 17 
printed in House Report 111-208.
  Mr. FLAKE. I have an amendment at the desk, No. 17, my final 
amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 17 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:

                                TITLE IX

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 901.  None of the funds provided in section 511 
     ``Small Business Administration--Salaries and Expenses'' 
     shall be available for an infrastructure expansion project to 
     promote small business of the City of Loma Linda and the City 
     of Grand Terrace, California, and the amount otherwise 
     provided in such section is hereby reduced by $900,000.

  The Acting CHAIR. Pursuant to House Resolution 644, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent, for the 11th time, 
that my amendment be modified in the form at the desk.
  The Acting CHAIR. Is there objection?
  Mr. SERRANO. I object.
  The Acting CHAIR. The gentleman from Arizona is recognized for 5 
minutes.

                              {time}  1715

  Mr. FLAKE. I wish we could have modified the amendment. I would have, 
again, submitted the Broadcaster Freedom Act to allow us to limit 
funding to the FCC so that they wouldn't be able to restrict 
broadcaster freedom across this country, but I wasn't allowed one more 
time.
  I'd like to yield 1 minute to the gentleman from California (Mr. 
Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. I thank the gentleman for 
yielding.
  Mr. Chairman, I've been sitting in my office watching this debate, 
and I am absolutely astounded that the general criticism of the 
gentleman from Arizona appears to be that his amendments appear to be 
of really no consequence, why are you nitpicking, going after different 
earmarks. And yet the gentleman has on 11 occasions, I believe, asked 
to be able to substitute what no one could disagree with, that is, that 
there would be serious substantive amendments that would go to 
consequential issues that this House should be given an opportunity to 
vote upon.
  And yet because of the actions of the Rules Committee and the 
majority party, time and time again this gentleman has not been allowed 
to do that. And so the American people are being prohibited an 
opportunity to have their general membership in this House be able to 
make decisions.
  I first came to this House in 1979. One of the things that was 
crystal clear at that point in time is when you had appropriation 
bills, every single Member, no matter whether they were a Member of the 
majority or minority side, had an opportunity to present amendments. 
Why? Because the power of the purse is the strongest weapon we have in 
the House of Representatives to be able to exercise the will of the 
American people, and yet time and time again we are being prohibited 
from doing that.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. FLAKE. I yield the gentleman an additional 15 seconds.
  Mr. DANIEL E. LUNGREN of California. And yet the gentleman from 
Arizona is attempting to give us an opportunity to exercise our 
constitutional prerogative, to represent our constituents here, and we 
are being denied that time and time again.
  Shame on this House.
  Mr. FLAKE. This amendment would strike $900,000 in funding for the 
City of Loma Linda, California, and the City of Grand Terrace, 
California, for an infrastructure expansion project to promote small 
business and reduce the overall cost of the bill by a commensurate 
amount.
  The sponsor of this earmark states on his Web site these funds would 
be used to establish a fiber optic infrastructure expansion pilot 
program between the City of Loma Linda and the City of the Grand 
Terrace's new business park. The pilot program would demonstrate how 
updated and expanded Internet access can promote

[[Page H8255]]

small business, create jobs, enhance local competitiveness, on and on 
and on.
  The sponsor says that this is needed because private loans are 
unavailable as a result of the credit crunch and this region would 
benefit from the use of Federal dollars as an initial investment for 
future expansions. Well, we have heard that song before. There is a 
credit crunch out there. No doubt every business across the country 
will tell you about it, but not every business can say I am going to 
grab $900,000 in funding. Yet that's what we're doing here.
  We're picking and choosing which cities and municipalities and which 
organizations can get these dollars rather than say, you know, Mr. 
Taxpayer, maybe you ought to keep that money and spend it yourself. 
We're going to have to increase taxes at some point to pay for this, 
and we're telling everybody out there just to live with it because we 
make better decisions here on business investments in the U.S. House 
than you do as a small businessman.
  That's, in essence, what we're saying, and it's time that we stop 
that, Mr. Chairman. We can't continue to go on, and if we can't strike 
$900,000 in funding for a project like this, then I don't know where we 
start. I really don't.
  I reserve the balance of my time.
  Mrs. EMERSON. Mr. Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Mr. Chairman, funding recommendations included in this 
bill were made in full compliance with the applicable rules and 
procedures of the House. In addition, the Small Business Administration 
was given an opportunity to vet this project and provided the committee 
with no negative feedback regarding the project or the grantee.
  Unfortunately, Mr. Lewis, the sponsor of the amendment, was unable to 
come to the floor due to other important business.
  I yield back the balance of my time.
  Mr. FLAKE. Mr. Chairman, we passed a milestone that probably we 
shouldn't be proud of. Just last week, I think, the Webster dictionary 
finally put the definition of ``earmark'' in its dictionary, not the 
traditional definition that I was used to as a kid on a ranch where you 
mark cattle, but rather, earmark as a designation of dollars from the 
Congress by a particular Congressman.
  When we passed that milestone, I think we've probably gone too far. 
When it's in the lexicon so frequently that the dictionaries are now 
picking it up, the appropriators have been trying to find earmark in 
the Constitution for years without success. At least they will find it 
now in the dictionary. That's not something we should be proud of.
  At some point we do have to stand up and say we've got to stop this 
when we have thousands and thousands and thousands of earmarks in 
appropriation bills over the year and we can't seem to cut funding for 
one of them here. I don't know when we're going to cut funding. I don't 
know when we're going to get a hold of this deficit that we have unless 
we start somewhere, and I would suggest that we start here on this 
amendment.
  Mr. LEWIS of California. Mr. Chair, I rise in opposition to this 
amendment. The item under consideration would meet the goals set by 
this Congress as part of our efforts to deal with the ongoing economic 
crisis. This measure is directly targeted to improving infrastructure 
and creating new jobs.
  In an effort to keep the United States competitive in an increasingly 
high-tech world, Congress is committed to expanding technology-based 
job training and cutting-edge communications connectivity. Such efforts 
are evidenced in the broadband funding provided in the American 
Recovery and Reinvestment Act and funding for technology research and 
development in the Enhancing Small Business Research and Innovation Act 
of 2009. The benefits of such investment are evident in this project, 
known as the Connected Communities Program in the City of Loma Linda 
and the City of Grand Terrace.
  California communities are facing some of the worst problems in the 
nation of public infrastructure funding and an economic crisis. The 
devastating effects of the mortgage crisis continue driving 
unemployment. In the last year, unemployment in my district has almost 
doubled from 6.7% to 12.9%, far surpassing the national average. The 
technology sector is one of the few bright spots--in my District, the 
number of jobs in technology and health care are projected to double in 
the next five years.
  In an effort to capitalize on growth in the technology and health 
sectors, the Cities of Loma Linda and Grand Terrace began a 
comprehensive effort to connect homes, business and teaching 
institutions to a community-based advanced fiber-optic network. This 
program complements the national effort to upgrade connectivity 
infrastructure and promote creation of highly skilled jobs. From 
employing and training skilled network technicians to attracting 
cutting-edge small business, the network has successfully approached 
the national and local economic development goals. The program has 
stalled, however, and the communities are hard-pressed to find the 
funds to complete it. Credit markets and investment dollars have dried 
up because of the drastic economic downturn in Southern California. 
Small cities like Loma Linda and Grand Terrace have been especially 
impacted, and are faced with being unable to finance the very 
infrastructure that can help lead to economic recovery. This request 
will complete the program and provide fiber-optic connectivity to 95% 
of the community.
  It is my belief that this proven program will play an integral role 
in the economic recovery of my District and southern California. I ask 
my colleagues to support the Connected Communities project and defeat 
this amendment.
  Mr. FLAKE. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will 
be postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in House Report 111-208 on 
which further proceedings were postponed, in the following order:
  Amendment No. 3 by Mr. Price of Georgia;
  Amendment No. 4 by Mrs. Emerson of Missouri;
  Amendment No. 5 by Mrs. Blackburn of Tennessee;
  Amendment No. 6 by Mr. Broun of Georgia;
  Amendment No. 7 by Mr. Flake of Arizona;
  Amendment No. 8 by Mr. Flake of Arizona;
  Amendment No. 9 by Mr. Flake of Arizona;
  Amendment No. 10 by Mr. Flake of Arizona;
  Amendment No. 11 by Mr. Flake of Arizona;
  Amendment No. 12 by Mr. Flake of Arizona;
  Amendment No. 13 by Mr. Flake of Arizona;
  Amendment No. 14 by Mr. Flake of Arizona;
  Amendment No. 15 by Mr. Flake of Arizona;
  Amendment No. 16 by Mr. Flake of Arizona;
  Amendment No. 17 by Mr. Flake of Arizona.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


            Amendment No. 3 Offered by Mr. Price of Georgia

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Price) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 146, 
noes 279, not voting 14, as follows:

                             [Roll No. 555]

                               AYES--146

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner

[[Page H8256]]


     Bono Mack
     Boozman
     Boustany
     Brady (PA)
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Chaffetz
     Cleaver
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     DeFazio
     Dreier
     Duncan
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kaptur
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Latham
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Moran (KS)
     Myrick
     Napolitano
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Tiahrt
     Tiberi
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--279

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Braley (IA)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--14

     Barrett (SC)
     Bordallo
     Burgess
     Costa
     Engel
     Faleomavaega
     Lucas
     Norton
     Payne
     Pence
     Rogers (MI)
     Scott (VA)
     Space
     Velazquez

                              {time}  1746

  Messrs. COHEN, TIERNEY, Mrs. McCARTHY of New York, Messrs. COURTNEY, 
HINOJOSA, CARNEY, LEVIN, Ms. GINNY BROWN-WAITE of Florida, Messrs. 
BERRY and KENNEDY, Ms. JACKSON-LEE of Texas, and Ms. BEAN changed their 
vote from ``aye'' to ``no.''
  Messrs. PETRI, CULBERSON, SMITH of Texas, and DeFAZIO changed their 
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 4 Offered by Mrs. Emerson

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from Missouri 
(Mrs. Emerson) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 172, 
noes 250, not voting 17, as follows:

                             [Roll No. 556]

                               AYES--172

     Aderholt
     Akin
     Alexander
     Arcuri
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Cassidy
     Castle
     Chaffetz
     Childers
     Cleaver
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Minnick
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Perlmutter
     Peters
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Souder
     Stearns
     Sullivan
     Taylor
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--250

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)

[[Page H8257]]


     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--17

     Barrett (SC)
     Bordallo
     Braley (IA)
     Capito
     Carter
     Faleomavaega
     Kennedy
     Lewis (CA)
     Lucas
     McGovern
     Miller, George
     Norton
     Olver
     Pence
     Rangel
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1749

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. BRALEY of Iowa. Mr. Chair, on rollcall No. 556, had I been 
present, I would have voted ``no.''


                          PERSONAL EXPLANATION

  Ms. NORTON. Mr. Chair, on rollcall Nos. 555 and 556, had I been 
present, I would have voted ``no.''


               Amendment No. 5 Offered by Mrs. Blackburn

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentlewoman from 
Tennessee (Mrs. Blackburn) on which further proceedings were postponed 
and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 184, 
noes 247, not voting 8, as follows:

                             [Roll No. 557]

                               AYES--184

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Driehaus
     Duncan
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Gutierrez
     Hall (TX)
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Larson (CT)
     Latham
     Latta
     Lee (NY)
     Linder
     LoBiondo
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Patrick
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NOES--247

     Abercrombie
     Ackerman
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Faleomavaega
     Lucas
     Pence
     Salazar
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1753

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. INGLIS. Mr. Chair, on rollcall No. 557, had I been present, I 
would have voted ''aye.''


            Amendment No. 6 Offered by Mr. Broun of Georgia

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Georgia 
(Mr. Broun) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.

[[Page H8258]]

                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 149, 
noes 282, not voting 8, as follows:

                             [Roll No. 558]

                               AYES--149

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--282

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Cassidy
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Faleomavaega
     Kennedy
     Lucas
     Pence
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Thirty seconds remain in this 
vote.

                              {time}  1756

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


                  Amendment No. 7 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 89, 
noes 342, not voting 8, as follows:

                             [Roll No. 559]

                                AYES--89

     Bachmann
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Boehner
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Buyer
     Campbell
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Giffords
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Matheson
     McCaul
     McClintock
     McCotter
     McHenry
     McMahon
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Petri
     Pitts
     Platts
     Price (GA)
     Roe (TN)
     Rohrabacher
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Speier
     Stearns
     Sullivan
     Thornberry
     Tiberi
     Wamp
     Westmoreland
     Wilson (SC)

                               NOES--342

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     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)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirkpatrick (AZ)

[[Page H8259]]


     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Faleomavaega
     Kennedy
     Lucas
     Pence
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1800

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


                  Amendment No. 8 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 115, 
noes 314, not voting 10, as follows:

                             [Roll No. 560]

                               AYES--115

     Akin
     Austria
     Bachmann
     Bean
     Biggert
     Bilbray
     Bishop (UT)
     Blackburn
     Boehner
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Dent
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--314

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Butterfield
     Buyer
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Barrett (SC)
     Bordallo
     Faleomavaega
     Kennedy
     Lucas
     Olver
     Pence
     Rogers (KY)
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1802

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


                  Amendment No. 9 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 94, 
noes 336, not voting 9, as follows:

[[Page H8260]]

                             [Roll No. 561]

                                AYES--94

     Austria
     Bachmann
     Bishop (UT)
     Blackburn
     Boozman
     Boustany
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Burgess
     Campbell
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Giffords
     Gohmert
     Goodlatte
     Graves
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Jordan (OH)
     Kind
     King (IA)
     Kline (MN)
     Lamborn
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Perlmutter
     Petri
     Pitts
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--336

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boren
     Boswell
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Barrett (SC)
     Bordallo
     Boucher
     Ellison
     Faleomavaega
     Lucas
     Pence
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1805

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


                 Amendment No. 10 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 93, 
noes 337, not voting 9, as follows:

                             [Roll No. 562]

                                AYES--93

     Austria
     Bachmann
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Buyer
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Fallin
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Petri
     Pitts
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Royce
     Ryan (WI)
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Wamp
     Westmoreland
     Wilson (SC)

                               NOES--337

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     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
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan

[[Page H8261]]


     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Barrett (SC)
     Bordallo
     Faleomavaega
     LaTourette
     Lucas
     Meeks (NY)
     Pence
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1808

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


                 Amendment No. 11 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 114, 
noes 318, not voting 7, as follows:

                             [Roll No. 563]

                               AYES--114

     Akin
     Bachmann
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Buyer
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Dent
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gohmert
     Goodlatte
     Graves
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Young (AK)

                               NOES--318

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Calvert
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Giffords
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--7

     Barrett (SC)
     Bordallo
     Faleomavaega
     Lucas
     Pence
     Scott (VA)
     Velazquez


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There is 1 minute remaining in 
this vote.

                              {time}  1812

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


                 Amendment No. 12 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 102, 
noes 326, answered ``present'' 1, not voting 10, as follows:

[[Page H8262]]

                             [Roll No. 564]

                               AYES--102

     Austria
     Bachmann
     Barton (TX)
     Biggert
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Dent
     Duncan
     Ehlers
     Fallin
     Flake
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Gohmert
     Goodlatte
     Graves
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Jordan (OH)
     Kind
     King (IA)
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Paul
     Petri
     Pitts
     Platts
     Price (GA)
     Roe (TN)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Young (AK)

                               NOES--326

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Buyer
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     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
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Giffords
     Gingrey (GA)
     Gonzalez
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Fleming
       

                             NOT VOTING--10

     Barrett (SC)
     Bordallo
     Eshoo
     Faleomavaega
     Gordon (TN)
     Kennedy
     Lucas
     McCollum
     Pence
     Scott (VA)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). One minute remains in this vote.

                              {time}  1815

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


                          personal explanation

  Mr. KENNEDY. Mr. Chair, on rollcall Nos. 556, 558, 559, 560 and 564, 
I was detained by a phone conversation with George Soros regarding the 
state/the U.S. economy and world economy and what would be done to 
rectify it.
  Had I been present, I would have voted ``no.''


                 Amendment No. 13 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 120, 
noes 311, not voting 8, as follows:

                             [Roll No. 565]

                               AYES--120

     Austria
     Bachmann
     Barton (TX)
     Bean
     Bilirakis
     Bishop (UT)
     Blackburn
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Dent
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Radanovich
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Tierney
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Young (AK)

                               NOES--311

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)

[[Page H8263]]


     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Christensen
     Faleomavaega
     Lucas
     Markey (MA)
     Pence
     Scott (VA)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). One minute remains in this vote.

                              {time}  1818

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


                 Amendment No. 14 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 119, 
noes 312, not voting 8, as follows:

                             [Roll No. 566]

                               AYES--119

     Austria
     Bachmann
     Bachus
     Bean
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Davis (KY)
     Deal (GA)
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gohmert
     Goodlatte
     Graves
     Halvorson
     Heller
     Hensarling
     Herger
     Hodes
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Speier
     Stearns
     Sullivan
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--312

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rooney
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Culberson
     Faleomavaega
     Lucas
     Norton
     Pence
     Scott (VA)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). One minute remains on this vote.

                              {time}  1821

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


                 Amendment No. 15 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.

[[Page H8264]]

  The vote was taken by electronic device, and there were--ayes 99, 
noes 332, not voting 8, as follows:

                             [Roll No. 567]

                                AYES--99

     Akin
     Austria
     Bachmann
     Barton (TX)
     Bean
     Blackburn
     Boehner
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Giffords
     Goodlatte
     Graves
     Halvorson
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Jordan (OH)
     Kind
     King (IA)
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nye
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Speier
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Westmoreland

                               NOES--332

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Barrett (SC)
     Bordallo
     Faleomavaega
     Gohmert
     Lucas
     McKeon
     Pence
     Scott (VA)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). One minute remains in this vote.

                              {time}  1824

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


                 Amendment No. 16 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 104, 
noes 325, not voting 10, as follows:

                             [Roll No. 568]

                               AYES--104

     Akin
     Austria
     Bachmann
     Biggert
     Blackburn
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Giffords
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Latta
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Walden
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--325

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)

[[Page H8265]]


     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rooney
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Barrett (SC)
     Blumenauer
     Bordallo
     Faleomavaega
     King (IA)
     Linder
     Lucas
     McCarthy (NY)
     Pence
     Scott (VA)


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). One minute remains in this vote.

                              {time}  1827

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


                 Amendment No. 17 Offered by Mr. Flake

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Arizona 
(Mr. Flake) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 74, 
noes 356, not voting 9, as follows:

                             [Roll No. 569]

                                AYES--74

     Bachmann
     Barrow
     Blackburn
     Boehner
     Boustany
     Bright
     Broun (GA)
     Burgess
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Graves
     Halvorson
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Jordan (OH)
     Kind
     King (IA)
     Kline (MN)
     Lamborn
     Luetkemeyer
     Lummis
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nye
     Paul
     Petri
     Pitts
     Price (GA)
     Rohrabacher
     Ryan (WI)
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Thornberry
     Tiberi
     Westmoreland
     Wilson (SC)

                               NOES--356

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Forbes
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nunes
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     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)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Barrett (SC)
     Bordallo
     Faleomavaega
     Gohmert
     Linder
     Lucas
     McCarthy (NY)
     Pence
     Scott (VA)

                              {time}  1830

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mrs. EMERSON. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Mr. Chairman, I would like to take this time to yield 
to the gentleman from Kansas (Mr. Tiahrt).
  Mr. TIAHRT. I thank the gentlewoman from Missouri for her leadership 
and for allowing me time to speak.
  Mr. Chairman, it is my goal to have a clean, up-or-down vote to 
restrict tax dollars from paying for abortions in the District of 
Columbia. I'm just asking for a clean, up-or-down vote because I think 
many people in America do not want us to take tax dollars and provide 
abortions.
  Now, there has been a letter sent to Speaker Pelosi, to Chairman 
Obey, and Chairwoman Slaughter on this very important issue back on 
February 25. I was a cosigner of this letter to the Speaker, to the 
chairman of the Appropriations Committee and the chairwoman of the 
Rules Committee, along with another 179 Members, including 21

[[Page H8266]]

Democrats. It was requested that any changes to pro-life riders would 
be allowed an up-or-down vote on the floor of the House.
  I was joined in an amendment on this bill by Mr. Davis of Tennessee, 
Mr. Shuler of North Carolina, Mr. Jordan of Ohio, Mr. Stupak of 
Michigan, Mr. Smith of New Jersey, Mr. Costello of Illinois, Mr. Pitts 
of Pennsylvania, Mr. Marshall of Georgia and Mrs. Bachmann of 
Minnesota. We simply requested that we strike the word ``Federal'' from 
the bill, saying no funds shall be made available to provide for 
abortions. That rule, or that amendment was not made in order by the 
rule.
  Mr. Flake of Arizona has tried to substitute one of his amendments 
that were made in order for this amendment so that we could have a 
clean, up-or-down vote.
  So the whole purpose of the motion to recommit that I intend to offer 
will be to get a clean, up-or-down vote on this issue.
  Now, currently, the bill allows for public funds to be spent on 
abortions. It does limit Federal funds, but all this money goes into 
the same bank account. It is a bookkeeping exercise to try to sort it 
all out. It is impossible to sort it all out. What it means is there 
will be no prohibitions on abortions in the District of Columbia in 
this bill, and, in fact, tax dollars will be providing abortions in the 
bill. Regardless of whether it's Federal or local funds, they will 
occur.
  Now, we know this has happened in the past. In 1996, there was an 
amendment passed called the Dornan amendment which restricted funds 
from providing abortions. Following that bill, once they were stopped, 
there was a study done by the Alan Guttmacher Institute. They found out 
that there was a 34 percent drop in abortions in the District of 
Columbia when these funds were restricted.
  Now, I've heard the President say, and I have heard many people who 
are pro-choice say, that they are for reducing the number of abortions. 
This clearly will be a reduction in the number of abortions if you will 
oppose this, or if you will support this amendment and allow me a 
clean, up-or-down vote on the amendment that I'm joined with by many 
others.
  Seventy percent of Americans, according to polling data, oppose using 
public funds for abortions. So, regardless of where you're at on the 
issue, certainly, those folks, those 70 percent of Americans need an 
opportunity for their voice to be heard on the floor of the House. They 
need an up-or-down, clean vote on whether we're going to take public 
funds to provide abortions or not.
  If you think of it in human terms, there is a financial incentive 
that will be put in place, paid for by tax dollars, that will encourage 
women who are single parents, living below the poverty level, to have 
the opportunity for a free abortion.
  If you take that scenario and apply it to many of the great minds we 
have today, who would we have been deprived of? Our President grew up 
in those similar circumstances. If that financial incentive was in 
place, is it possible that his mother may have taken advantage of it?
  Clarence Thomas, Supreme Court justice, if those circumstances were 
in place, is it possible that we would have been denied his great mind?
  The opportunity to have tax-funded abortions, a financial incentive, 
is something that I think most of us want to oppose in America. And it 
certainly deserves a clean, up-or-down vote.
  So it's my intent to offer a motion to recommit that is clean that 
simply strikes the world ``Federal'' on page 143, line 8, and allows an 
up-or-down vote. Now if this is ruled out of order, I would like to 
encourage those of us here to please allow this vote, a clean vote up 
or down.
  Mrs. EMERSON. I yield back the balance of our time.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. I think what this needs is not necessarily an up-or-down 
vote. It needs clarification. What the gentleman is doing is just using 
this device to bring up an issue, a very difficult issue that we deal 
with in this society that does not belong anywhere on this bill. The 
fact of life is that his amendment is out of order. But we will discuss 
that later at the proper time.
  Let's be clear on what this bill does on that particular issue. For a 
long time, for as long as I can remember, this Congress, that side of 
the aisle, has been telling the people, the citizens of the Washington, 
D.C. what to do, not only on the issue of abortion, on the issue of 
needle exchange, on the issue of guns, on the issue of gay marriages. 
On whatever issue is important to go back home and say, I am strong on 
this issue, rather than do it in their districts, they do it on the 
District of Columbia. And so they stand up and they say, I'm strong on 
this issue. Yeah, you are in D.C. I'm strong on that other issue. Yes, 
you are, in D.C. I'm strong on this third issue. Absolutely, in D.C.
  Well, D.C. is not a foreign country. D.C. is American citizens, 
residents of this Nation who, under some behavior, have been put down 
by that side year after year after year as something other than second-
class citizens.
  What my bill does, what our bill does is simply say this: There is 
now a ban on use of Federal funds for abortions in D.C. There is a ban 
on local tax dollars being used for abortion services. What I do is 
remove the local ban so that they can have their own debate and decide 
whether or not they're going to do it.
  You assume they're going to do it. I don't know. They're going to 
debate that later. They may not do it. But the Federal ban stays in 
place.
  So when you say we will now allow taxpayers dollars, no. The American 
taxpayer who pays Federal dollars will not have a single dollar be used 
in Washington, D.C., for abortion services. But it may be that the tax 
dollars paid by the local residents of D.C. may be used for that. But 
we don't know that.
  So this is not, ladies and gentlemen, a vote on abortion or how you 
feel about that. It's another form of colonialism, and I know a little 
bit about that. It is about telling people in D.C. you're not equal to 
the rest of us. We will tell you what to do. You can't think for 
yourself.
  I'm not the mayor of D.C. I'm not the city council of D.C. They have 
a mayor. They have a city council. But year after year, on issue, after 
issue, you pick unfairly on the people who live in the District of 
Columbia.
  I know there are folks on both sides of the aisle who have very 
strong feelings about the issue of abortion. I only implore you to look 
at the issue and understand that you're not voting on whether abortions 
will be taking place in this country or not, or anywhere or not. There 
are abortions taking place in D.C. right now by those people that can 
have them. That hasn't stopped. These are services that could be 
granted to them if they wish to.
  So I implore you, do not think about the issue of abortion, but think 
about the issue of rights of American citizens to conduct their own 
business and to govern themselves.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

        This Act may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2010''.

  The Acting CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Weiner) having assumed the chair, Mr. Holden, Acting Chair of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3170) 
making appropriations for financial services and general government for 
the fiscal year ending September 30, 2010, and for other purposes, 
pursuant to House Resolution 644, he reported the bill back to the 
House with sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Pursuant to House Resolution 644, the question on adoption of the 
amendments will be put en gros.
  The question is on the amendments.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. TIAHRT. Mr. Speaker, I have a motion to recommit at the desk.

[[Page H8267]]

  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. TIAHRT. In its current form I am opposed to the bill.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mr. Tiahrt moves to recommit the bill H.R. 3170 to the 
     Committee on Appropriations with instructions to report the 
     same back to the House forthwith with the following 
     amendment:
       Page 143, line 8, strike ``Federal''.


                             Point of Order

  Mr. SERRANO (during the reading). Mr. Speaker, I make a point of 
order against the motion under clause 2 of rule XXI. Although the 
instructions in the motion propose to amend a legislative limitation 
permitted to remain, it does not propose to merely perfect that 
language, but adds further legislation.
  The instructions would broaden the application of the provision to 
include the District of Columbia funds and would not be in order under 
clause 2 of rule XXI.
  And I ask for a ruling from the Chair.
  The SPEAKER pro tempore. Before making a ruling, the Chair will 
request that the Clerk continue reading the motion.
  The Clerk continued to read.
  The SPEAKER pro tempore. The gentleman's point of order has been 
made. Does anyone seek to be heard on the point of order?
  Mr. TIAHRT. Mr. Speaker, I wish to be heard on the point of order.
  The SPEAKER pro tempore. The gentleman from Kansas is recognized.
  Mr. TIAHRT. Mr. Speaker, first of all, this is a restriction of funds 
on this amendment. So I think it should be considered as in order on 
that.
  But further, we have a constitutional requirement to oversee the 
expenditure of funds in the District of Columbia. It has been said that 
we are sidestepping our responsibility, or overstepping our 
responsibility by becoming mayor and city council member for the 
District of Columbia. But, in fact, we have a constitutional 
requirement to deal with the finances of the District of Columbia.
  We also have many people who have asked to have an opportunity to 
reduce the number of abortions. So in your point of order, it's very 
clear that since it's a restriction of funds, since we have had so many 
people ask for a clean vote on this, that I would urge the Speaker to 
make this motion to recommit in order so that we can have this clean, 
up-or-down vote on the restriction of funds on this spending bill.
  The SPEAKER pro tempore. Does any other Member seek to be heard on 
the point of order? If not, the Chair is prepared to rule.
  Under settled precedent, where legislative language is permitted to 
remain in a general appropriation bill, a germane amendment merely 
perfecting that language and not adding further legislation is in 
order, but an amendment effecting further legislation is not in order.
  The amendment proposed in the instant motion to recommit offered by 
the gentleman from Kansas is unlike the amendment addressed in the 
precedent of May 25, 1959, recorded in Deschler's Precedents at volume 
8, chapter 26, section 22.11, which was held in order as merely 
perfecting because it simply narrowed the sweep of a limitation in the 
bill.
  Instead, the precedent of November 15, 1989, recorded in section 1054 
of the House Rules and Manual, is more pertinent. Indeed, the 1989 
precedent is controlling. In that situation, as here, a legislative 
provision applicable to Federal funds--a limitation adorned with 
legislative exceptions--was permitted to remain in the general 
appropriations bill including funding for the District of Columbia. An 
amendment striking the word ``Federal'' was held to broaden the 
legislative provision to address District of Columbia funds as well.
  On these premises, the Chair holds that the amendment proposed in the 
motion to recommit--even if it had been considered in the Committee of 
the Whole--presents a violation of clause 2(c) of rule XXI. The point 
of order is sustained. The motion is not in order.

                              {time}  1845

  Mr. TIAHRT. Mr. Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                            Motion to Table

  Mr. SERRANO. Mr. Speaker, I move to table the appeal of the ruling of 
the Chair.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. TIAHRT. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to table will be followed by 5-
minute votes on the passage of the bill, if arising without further 
proceedings in recommittal, and a motion to suspend the rules on H. 
Res. 476.
  The vote was taken by electronic device, and there were--ayes 225, 
noes 195, not voting 13, as follows:

                             [Roll No. 570]

                               AYES--225

     Abercrombie
     Ackerman
     Adler (NJ)
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--195

     Aderholt
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam

[[Page H8268]]


     Jones
     Jordan (OH)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Lipinski
     LoBiondo
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Oberstar
     Olson
     Paul
     Paulsen
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stupak
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Barrett (SC)
     Hensarling
     Herger
     King (IA)
     Linder
     Lucas
     Markey (MA)
     Pence
     Scott (VA)
     Sherman
     Shuster
     Sullivan
     Welch


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are reminded there 
are 2 minutes remaining on this vote.

                              {time}  1901

  Mr. DUNCAN changed his vote from ``aye'' to ``no.''
  Mr. GEORGE MILLER of California changed his vote from ``no'' to 
``aye.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.


                         Parliamentary Inquiry

  Mr. LaTOURETTE. Mr. Speaker, parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman from Ohio will state his 
inquiry.
  Mr. LaTOURETTE. Mr. Speaker, this bill has the potential or it is 
causing some angst among a number of people, and so my question is, as 
a Member of the House who happens to be not pleased with the abortion 
language in the bill relative to the District of Columbia but who is 
tickled pink about the auto dealer language that's in the bill, how 
does such a Member resolve that? What procedure exists for such a 
Member to come to some accommodation?
  The SPEAKER pro tempore. The Chair can affirm that on a question of 
adopting a motion or approving a measure, a Member may respond either 
in the affirmative, in the negative, or as present. A Member who favors 
a proposition votes ``aye.'' A Member who opposes a proposition votes 
``no.'' A Member who wishes to abstain, whether for doubt or recusal or 
otherwise, might record as ``present.'' Each Member is his or her own 
counsel on how to resolve his or her response on a given question.
  Mr. LaTOURETTE. Mr. Speaker, further parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his further 
inquiry.
  Mr. LaTOURETTE. Really, I guess I want to ask why is the ``present'' 
button yellow, but that's not my parliamentary inquiry.
  The parliamentary inquiry is, that should the Member that finds 
himself in that conundrum now is going to push red or green choose to 
insert a statement into the Record, where exactly would that appear in 
the Record?
  The SPEAKER pro tempore. It would appear with the debate on the 
question.
  The question is on the passage of the bill. Under clause 10 of rule 
XX, the yeas and nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 219, 
nays 208, answered ``present'' 1, not voting 5, as follows:

                             [Roll No. 571]

                               YEAS--219

     Abercrombie
     Ackerman
     Adler (NJ)
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Massa
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth

                               NAYS--208

     Aderholt
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carney
     Carter
     Cassidy
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Crenshaw
     Culberson
     Dahlkemper
     Davis (AL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Levin
     Lewis (CA)
     Linder
     Lipinski
     LoBiondo
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moran (KS)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Oberstar
     Olson
     Paul
     Paulsen
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stupak
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Buchanan
       

                             NOT VOTING--5

     Barrett (SC)
     Lucas
     Pence
     Perlmutter
     Scott (VA)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are reminded there 
are 2 minutes remaining in this vote.

[[Page H8269]]

                              {time}  1910

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________