[Congressional Record Volume 155, Number 112 (Thursday, July 23, 2009)]
[House]
[Pages H8604-H8682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 669 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3288.

                              {time}  1255


                     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 consideration of the bill 
(H.R. 3288) making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes, 
with Mr. Snyder in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time. The gentleman from Massachusetts (Mr. Olver) and the 
gentleman from Iowa (Mr. Latham) each will control 30 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. OLVER. Mr. Chairman, I yield myself such time as I may consume, 
and hopefully that will be less than 5 minutes.
  Mr. Chairman, it is my privilege and pleasure to present the fiscal 
year 2010 Transportation, Housing and Urban Development, and Related 
Agencies Appropriations bill to the House. This bill is the product of 
many hours of hearings and briefings, always with bipartisan input and 
excellent subcommittee member participation. I especially would like to 
recognize the important contributions of my ranking member, Tom Latham, 
in putting this bill together. And as with any healthy relationship, we 
do not always agree, but I greatly appreciate his partnership, and his 
input has made the bill better.
  I also want to take a moment to recognize the hard work of staff, 
specifically on the minority side, Dena Baron, David Gibbons, Allison 
Fox and Doug Bobbitt; and on the majority side, Kate Hallahan, Laura 
Hogshead, Dave Napoliello, Lisa Pena, Alex Gillen, Janine Scianna, 
Andrew Burton and Blair Anderson. They have spent many late nights 
putting this bill together, and we would not be here today without 
their dedication.
  There has been close communication and coordination between the 
minority and the majority staffs throughout this process, and the bill 
is better for that input.
  Recognizing that today may be long, my remarks will be brief. This is 
a nonpartisan bill, as bills related to transportation and housing 
should be. It invests in our Nation's infrastructure during a 
transformational period for both the Department of Transportation and 
the Department of Housing and Urban Development. The bill provides 
$123.1 billion in total budgetary resources, $48 million below the 
President's budget request. Within Housing and Urban Development, this 
bill recognizes that foreclosure rates remain high and the current 
economic climate and weak job market have increased demand for 
affordable housing. To that extent, this bill provides $47.1 billion 
for HUD and targets most of the $1.6 billion increase over the 
President's budget to programs that the previous administration 
repeatedly attempted to reduce or zero out and thus have not kept up 
with the need.
  In contrast, Transportation is a budget in flux, largely covering 
programs that are in transition with major surface and aviation 
authorizations pending. The authorizing committees of jurisdiction in 
both the House and Senate have either passed or begun marking up multi-
year legislation to reform and extend these important infrastructure 
programs. In that regard, the bill includes $75.8 billion in 
transportation infrastructure investments. That is $1.66 billion below 
the President's request.
  Last, I want to note that in supporting the transformations taking 
place at each Department, this bill has emphasized investments in five 
key areas: one, building healthy communities with environmentally 
sustainable solutions; two, maintaining services in rural communities; 
three, supporting vulnerable populations; four, investing in the 
national infrastructure; and, five, ensuring transportation safety.
  In conclusion, we worked hard to balance many competing needs to 
produce a bill that reflects the bipartisan needs of transportation and 
housing. I'm pleased with the product, and I urge Members to support 
it.

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  I reserve the balance of my time.
  Mr. LATHAM. I thank the chairman and yield myself such time as I may 
consume. Mr. Chairman, today is an important day in the House because 
we are considering a bill that has far-reaching impacts on the 
transportation infrastructure across all of our districts and on all of 
our constituents in one way or another.

                              {time}  1300

  For that reason alone, we should be considering this bill under an 
open rule so that our constituents have some say in how their tax 
dollars are being spent. Sadly, this is not the case.
  Before I go any further, I want to tell the membership that I have 
really enjoyed working with Chairman Olver, and look forward to 
continuing to do so. While, like he said, we don't always agree on 
everything, and especially the 25 percent increase in the allocation 
over last year, but that fact does not take away my belief that he is 
truly a devoted chairman who focuses on the resource needs of the 
entities under the jurisdiction of this bill, and I very much want to 
personally thank him for his consideration and kindness and working 
together. It's been a real pleasure.
  I also want to tell both the majority and minority staffs that I 
sincerely appreciate their work throughout the process and commend them 
for a job, I think, very well done. And I salute all of your many hours 
that you put into the process, your forbearance in this often 
dysfunctional environment. We couldn't do it without you. And again, 
thank you on both sides of the aisle.
  Mr. Chairman, as I said, the funding allocation for this bill for FY 
2010 is 25 percent over the FY09 level. That is a huge increase, and 
one for which we ought to have a number of perfecting amendment votes 
as part of a serious debate, if for no other reason than to allow our 
constituents to have some say in how those funds are spent. At some 
point, it should start dawning on all of us that the reason we're 
hearing a lot of noise about some of the spending that's going on is 
that our constituents are waking up to the fact that they don't have a 
say in these exercises.
  Mr. Chairman, as the administration has said about this bill, ``these 
infrastructure investments will help build a new foundation for long-
term economic growth to benefit the American people for years to 
come.'' And I agree. If we are, indeed, making long-term infrastructure 
investments, then the investors, or our constituents, should have a 
say-so on how those investments are made.
  One of my biggest concerns in this bill is that we do nothing to 
address the coming situation with the highway trust fund that runs out 
of money. At a point, we will have to bail out the fund with general 
fund resources. I know that's not in our jurisdiction as such, but the 
hour is getting late, and we should all be looking for the most 
expeditious ways to make any contribution we can to provide the 
resources that allow highway infrastructure and other transportation 
programs to continue with some predictability.
  I had an amendment to help the trust fund situation, as I mentioned 
earlier today, in consideration of the rule. It would have transferred 
$3 billion from the Rapid Rail appropriation to the trust fund, these 
funds that will not be spent any time soon, while our highway trust 
fund screams for additional resources.
  The $3 billion are also funds that were not requested by the 
administration for Rapid Rail, probably because the President knows 
they could not be spent any time soon. Right now they are ``parked 
funds,'' at a time when we do not need to be teeing up more resources 
to be spent on something such as an infrastructure bank which, at this 
point, is only a vague concept.
  In the end, the amendment was not made in order, and I assume for 
political reasons, unfortunately. Had it been made in order, it would 
have given me some faith that the majority was serious about having a 
genuine debate on this bill which, in turn, might have drawn a few more 
supporters than might otherwise be the case.
  I will offer a different amendment to strike the $3 billion, which 
will take the Rapid Rail funding to the President's request. Let me 
reiterate, that's the President's request. The $3 billion is over and 
above that, and I believe the President's request was a reasonable 
number.
  It will also cancel the transfer authority to this unknown 
infrastructure bank that has not been authorized. Without the absence 
of any knowledge of where a Rapid Rail program will go or what the bank 
will look like, or even if any submitted rail projects are feasible, we 
simply do not need $3 billion of taxpayer money being set aside for 
simply a concept.
  Mr. Chairman, I would be remiss if I did not say that there are some 
good points in this bill, absent a few billion unneeded dollars, to 
make it a very attractive legislative product.
  With respect to HUD, I only want to say that this bill fully meets 
the government's obligation to renew all rental assistance, support the 
homeless, increase support for low-income elderly and the disabled, and 
provide additional rental assistance for veterans. But we cannot 
continue to put forth resources that cannot be deployed in the near 
term. We simply don't have the money.
  And at this point, I thank you, and I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Roybal-Allard) for a colloquy.
  Ms. ROYBAL-ALLARD. Chairman Olver, I am honored to serve as a member 
of the Transportation-Housing Subcommittee, and I thank the gentleman 
for his leadership on the many housing and transportation challenges 
facing our Nation.
  I understand that among the elements of the Olver amendment is 
additional funding for railroad research and development. As the 
chairman is aware, our Los Angeles community suffered a tragic rail 
accident when a commuter passenger train collided head on with a 
freight train last year. It is widely believed that this accident could 
have been averted and 25 lives saved had positive train control 
technology been in operation on the system.
  I would like to clarify that it is your intention that positive train 
control is one of the technologies that is funded under the research 
and development account.
  Mr. OLVER. I thank the Congresswoman from California, and I share her 
concern about the terrible accident in Los Angeles, as well as her 
resolve to help prevent further accidents.
  It is, in fact, my intention that the funding provided for railroad 
research and development be available for positive train control 
research and demonstration projects. I believe PTC is a necessary 
addition to our national railroad system, and I thank the Congresswoman 
for her leadership on this issue and keeping it in our attention.
  Ms. ROYBAL-ALLARD. I thank the chairman for this clarification, and I 
look forward to working with the gentleman on this and other issues as 
the bill moves forward and we continue to address safety in all modes 
of transportation. I appreciate the gentleman's tireless work and that 
of the subcommittee staff on the many complex issues under this bill's 
jurisdiction.
  Mr. LATHAM. Mr. Chairman, I would like to yield 5 minutes to the 
distinguished gentleman from Ohio (Mr. LaTourette), who has brought a 
lot of knowledge and insight to the committee.
  Mr. LaTOURETTE. I want to thank my good friend the chairman, and I 
want to thank my good friend Mr. Latham from Iowa, a classmate from 
1994.
  I want to commend the chairman of the subcommittee, Mr. Olver, and 
our ranking member, Mr. Latham, for putting together a good bill, both 
on the transportation and the HUD side. There will be some criticism on 
the floor today about how much money it spends, and let me just tell 
you, as someone who spent 14 years on the Transportation and 
Infrastructure Committee, as a Nation, we need to be embarrassed about 
what we spend on transportation in this country.
  If you look at the American Society of Civil Engineers, their report 
that they come out with on an annual basis, a scorecard in terms of how 
we're doing, if more Americans read that scorecard, they wouldn't put 
their families in the minivan and take them on vacation and drive over 
some of the bridges in this country.

[[Page H8615]]

  The difficulty is going to occur later this year, and I have to say I 
guess I'm disappointed in the administration saying that they're going 
to kick the highway authorization bill down the road for 18 months, 
which, coincidentally falls after the next midterm election.
  But I have to tell you that it is, in fact, infrastructure which 
creates jobs, and it's infrastructure which employs people in this 
country. And as a Republican, I can tell you, if it hadn't been for 
Dwight Eisenhower's vision on the national highway system, we would not 
have been the envy of the world we are today.
  But sadly, now we begrudgingly, in the 6-year reauthorization, carp 
about spending $35 billion a year for the entire country. And the need, 
I would suggest, Mr. Chairman, is far greater than that. And so, while 
this bill does, in fact, spend more money, and some people may not like 
the price tag, I think it's important.
  I want to talk about two other things relative to the bill. The one 
is passenger rail service. You know, I had the privilege of being the 
chairman of the Railroad Subcommittee on Transportation, and we always 
seemed to give Amtrak just enough money to fail.
  And if you look at Amtrak, when they took over the passenger rail 
service from Conrail, and we didn't want to be in the business anymore 
and the freight lines didn't want to be in the business anymore, they 
got bad track, bad rolling stock, bad management. And we sort of limp 
along.
  And I've had friends on my side of the aisle say, well, we can't give 
them a billion dollars, what a big handout that is. Well, a billion 
dollars is a lot of money, but the fact of the matter is that if this 
country is ever going to move and restore passenger rail in this 
country, it's going to have a price. And anybody that thinks that 
passenger rail, as a societal prerogative, doesn't have to be 
subsidized is nuts.
  I mean, you go over and you look at the world-class systems in Europe 
and in Asia. All of those countries have said for trips of 400 miles or 
less, we want passenger rail to be competitive with travel by car. We 
want passenger rail to be competitive with air travel, and they made 
the significant investments to make that happen.
  Anybody who has, and I've had the pleasure to travel with the 
distinguished chairman of the Transportation and Infrastructure 
Committee in Europe on trains like the TGV and the Chunnel and in Japan 
on their high-speed rail. It goes over 200 miles an hour. The fact that 
we have ignored that as a mode of transportation in this country should 
be an embarrassment to the greatest country on Earth, and this bill 
begins to make significant investments in that.
  The stimulus package had $8 billion for high-speed rail. This bill 
has an additional $4 billion. And I'll just tell you, I don't represent 
a person in the Cleveland area that wouldn't say, if I could go 150, 
180, 200 miles an hour from Cleveland to Chicago that I would, in fact, 
do that.
  And you want to talk about climate change. You know, the way to get 
money around here this year is, if you put green in any legislation, 
they give you money. But if you want to talk about climate change, I 
believe the last time I checked, the statistic is 1 gallon of diesel 
fuel can take 1 ton of cargo from Washington, D.C., to Boston, 
Massachusetts. I don't know another mode of transportation that is that 
fuel efficient. You get cars off the road, you get trucks off the road, 
and you don't create the greenhouse gases that everybody is, in fact, 
worried about.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. LaTOURETTE. I would be happy to yield to the chairman.
  Mr. OBERSTAR. I thank the gentleman for yielding, Mr. Chairman, to 
compliment the gentleman on his statement. I fully subscribe to the 
wise words that he has expressed and to the history he's unveiled of 
the evolution of passenger rail in this country. And the gentleman from 
Florida (Mr. Mica), my partner on the Committee on Transportation and 
Infrastructure--
  The CHAIR. The gentleman's time has expired.
  Mr. LATHAM. I would yield to the gentleman from Ohio 2 more minutes.
  Mr. LaTOURETTE. I yield to the gentleman.
  Mr. OBERSTAR. And we worked together with the gentleman from Ohio to 
craft an Amtrak authorization bill that opens the door to private 
sector investment, that creates a sustainable path for the future of 
surface high-speed intercity passenger rail in this country, and with 
the gentleman's leadership now, Mr. Chairman, on the Appropriations 
Committee, we're going to advance that cause.
  So I thank him for that forthright statement and am delighted that 
he's continuing to be such a strong advocate, and I also take this 
opportunity to thank my colleague on the committee, the gentleman from 
Florida, for the partnership we've had in advancing the cause of high-
speed intercity passenger rail.
  Mr. LaTOURETTE. I thank the chairman very much. And I would say that 
if you really want to know about transportation, you talk to Jim 
Oberstar of Minnesota. The man has written most of the books, and I've 
learned so much of what I've learned in this Congress from sitting on 
the other side of the aisle from him.

                              {time}  1315

  I would only say the gentleman is going to be disappointed now 
because I spent 14 years on his committee, on the authorizing 
committee, and we always chafed at the appropriators who authorized on 
appropriations measures. I've now gone over to the dark side, and I 
think it's the most wonderful system in the world.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Michigan (Mr. Levin) for a colloquy.
  Mr. LEVIN. Mr. Chairman, section 412 of the bill provides that no 
funds appropriated pursuant to this act may be expended by an 
``entity'' unless that entity agrees to comply with the Buy American 
Act.
  The Buy American Act is part of a longstanding U.S. trade policy. 
That policy requires reciprocity in Federal Government procurement. 
Since 1979, the U.S. has agreed to open its procurement market to 
countries that agree to open their procurement markets to U.S. 
suppliers. That same policy requires the United States to not grant 
access to countries that are unwilling to agree to open their 
procurement markets to U.S. suppliers.
  I believe that the intent of section 412 is to be consistent with 
that policy. Its intent is not to expand the scope of the Buy American 
Act, such as to cover businesses or other ``entities'' that may receive 
funding under this appropriations bill and that are not currently 
subject to the act. I also understand that section 412 is not intended 
to create an inconsistency with our international obligations, 
including our obligations under the WTO Agreement on Government 
Procurement.
  If I might, I will now yield to the chairman for clarification.
  Mr. OLVER. The gentleman is correct. Section 412 will help to ensure 
compliance with the Buy American Act. Because the intention is not to 
apply the Buy American Act to new entities, it is consistent with our 
international obligations.
  Mr. LEVIN. I thank the chairman.
  Mr. LATHAM. Mr. Chairman, I yield 5 minutes to the distinguished 
ranking member of the Transportation and Infrastructure Committee, the 
gentleman from Florida (Mr. Mica).
  Mr. MICA. Thank you so much for the time, for the introduction and 
for the opportunity to speak on this important Transportation and HUD 
funding bill.
  Mr. Chairman, first of all, I want to compliment Mr. Olver and Mr. 
Latham, the two leaders of the appropriations subcommittee, on the 
great job that they have done and for their efforts and for the efforts 
of both staffs in addressing the transportation and infrastructure 
needs of the Nation.
  This is one of the most important bills that we will pass because 
this job will actually put people to work. I can tell you--and my 
colleagues and every one of you knows the statistics--that the national 
unemployment is at 9.5 percent. In my State of Florida, we're at 10.5 
percent. I have some counties in my district that are at 15 percent. We 
have a problem. One of the ways to get people working and into jobs is 
by building infrastructure, and we'll actually have something tangible 
when we get done.
  I do want to raise an issue that I have with the bill, but it is not 
something that is the responsibility of the

[[Page H8616]]

authors of this legislation, Mr. Olver or Mr. Latham. They have been 
most cooperative. We've had a great working relationship, myself as an 
authorizer and the two of them as appropriators.
  From time to time and in the past, there have been great battles--
I've seen some of them--about authorizing on an appropriations bill. 
Now, I went to the Rules Committee, and I didn't get a chance to speak 
on the rule, so I voted against its passage. I asked the Rules 
Committee to pass an amendment that would have sped up the process by 
which we could get these dollars out so that we could actually get 
people working sooner rather than later. I know people have asked me 
for bigger government programs and for more bailouts, but now they have 
asked for an opportunity to work, and nothing has been harder hit than 
transportation projects.
  I've got one little quote here from the Secretary of Transportation 
in Pennsylvania, who says that the unemployment rate for construction 
workers there is 21 percent.
  It's high all over the Nation, but we can get people to work. The 
Rules Committee ruled out of order my amendment that would have sped up 
the process for the consideration of transportation projects, both for 
stimulus and also for this type of funding legislation.
  Actually, I had my staff go through, and they just tabbed one section 
of this, of legislating on appropriations bills. All of these tabs 
represent legislating on an appropriations measure, but I don't raise 
any questions about these. Some of this is probably fine. We've talked 
together, and we agree on it.
  What I'm concerned about is that the Rules Committee took the bill as 
it stood, but failed to take my proposed amendment. They said I was 
legislating on appropriations. My measure, again, would have sped up 
the process. Don't think we can't do that. I stood here with Mr. 
Oberstar the day that the bridge collapsed over the Mississippi River 
in Minneapolis. We rebuilt that bridge in 437 days. Normally, the 
process to rebuild that, if you went through all the normal hoops and 
red tape and Federal requirements, would take 6-7 years. We can do the 
same thing because we have a national emergency now, and we need to get 
this transportation money that this good, well-intended and very 
effective subcommittee is bringing forth. It's a good measure. They 
work together in a bipartisan fashion.
  What I'm saying is we need to get that money, the stimulus money, 
out. We're having the same problem with our stimulus money, getting it 
out. There is $48 billion under the Department of Transportation's 
responsibility. So far, we have $771 million. Let me say the State 
Transportation Departments across the country are doing their level 
best. They're doing a great job getting that money out, but that's less 
than $1 billion of $48 billion out.
  There is a reason it's caught up in red tape. Let me take, not what a 
Republican Governor said, but what, I believe, North Carolina Governor 
Perdue said, which is that there is so much red tape that it's 
discombobulating.
  Now, just for the record--and I will give the Clerks the proper 
spelling of ``discombobulating'' for the Record of the House--he said 
it's irritating. That's Perdue.
  Here is a little engineer in a county in Indiana. He said, ``I've got 
an engineer full time, and just 'bout all he's doing is red tape every 
day.''
  The CHAIR. The time of the gentleman has expired.
  Mr. LATHAM. I yield the gentleman from Florida 2 additional minutes.
  Mr. MICA. Again, I want to take not just the Governor or the 
Secretary of Transportation in Pennsylvania or the Governor of North 
Carolina. Here is a county engineer in Elkhart County, Indiana who 
says, I've got an engineer full time, and that's just 'bout all he's 
doing is red tape every day, filling out forms, filling out forms.
  So my proposal, had the Rules Committee accepted it, would have sped 
up the process. I didn't come here to say we should roll over any 
environmental requirements or regulations. What I said is we should 
condense the process because this, my fellow Members of Congress, is a 
national emergency. If you don't think it's a national emergency, go 
back to your office, and find some of those letters from folks who are 
pleading with Congress to help them find a job, to get people employed 
in their families so they can pay their mortgages, so they can build 
their dreams like we all want to do, but they're not able to do that, 
and we're not able to get the money out because of the red tape and 
constraints.
  So, again, I regret that the Rules Committee rejected my proposal. 
I'll be back here again.
  Mr. OLVER. Will the gentleman yield?
  Mr. MICA. Yes, I will always yield to the chairman.
  Mr. OLVER. I thank the gentleman for yielding.
  To finish this and to allow him to respond in some kind of way, I 
would give the gentleman additional time, Mr. Chairman.
  I just wanted to say that I can remember--and probably, if you think 
about it a little bit, you can remember, too, because my memory is 
probably a lot poorer than yours--times when this bill was brought to 
the floor, and point of order after point of order to the level of 
practically stripping half the bill away were made by your committee. 
Well, maybe you weren't the chairman at that particular time, but a few 
years ago, that sort of thing did happen.
  The CHAIR. The time of the gentleman from Florida has again expired.
  Mr. LATHAM. I yield the gentleman an additional 2 minutes.
  Mr. OLVER. Furthermore, I would just simply say, of the $47 billion, 
more than $21 billion has been obligated. Those expenditures are going 
on. That's more than the amount that was intended to be obligated by 
the end of the 2009 fiscal year. We're already obligating the money 
into 2010, so it's getting out there pretty quickly. Though, I do have 
great sympathy for the position that you're taking in that it takes far 
too long, and I hope the authorizing will take care of that in a new 
event.
  Mr. MICA. I know what went on in the past with my committee and its 
calling points of order on authorizing on an appropriations measure.
  Let me say that I did not come to burn Rome. I came to help you build 
Rome. I have no objection to these, and I did not object on any, but I 
did object to my one. Here is 45 not being considered by the Rules 
Committee, and your committee is not the Rules Committee.
  Let me say this, too: We have obligated money, but you know, I can't 
go back to my office and say, Mr. So-and-so or Madam So-and-so 
Constituent, we've obligated money. It's not out there, so there isn't 
that hope for a job. All I'm trying to do is get the money expedited so 
we can get jobs going again.
  Finally, let me tell you why it's important to get that money out 
there now, folks. Listen to this. This is one American dollar. I can 
tell you that, right now, you will get the best deal ever to do 
infrastructure projects in the country.
  The CHAIR. The time of the gentleman has again expired.
  Mr. LATHAM. I yield the gentleman 1 additional minute.
  Mr. MICA. My district secretary told me that bids are coming in 25 to 
30 percent lower. Do you see this three-quarters of a dollar? I can get 
a dollar's worth of construction now for three-quarters of a dollar. We 
have American infrastructure on sale wholesale, and we should be 
getting that money out in the interest of taxpayers and building that.
  Heaven forbid, you know, it's not like some of these other programs 
or like the bailouts. I didn't come here asking for a bailout. All I'm 
asking for is something tangible, and that's what your subcommittee 
provides so well for our Nation is something tangible--roads, bridges, 
highways, transit systems--all of which we need across this land from 
sea to shining sea. We're drowning in congestion. We don't have high-
speed rail systems like the Europeans, Asians and other people around 
the world. So I don't mind spending it.
  My dad used to say, ``It's not how much you spend, Son. It's how you 
spend it.''
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Rodriguez), who is a member of the subcommittee.
  Mr. RODRIGUEZ. Mr. Chairman, I rise today in strong support of H.R. 
3288, the 2010 Transportation-HUD appropriations spending bill. In 
particular, I want to express my support

[[Page H8617]]

for the passage of the rail funding within the bill that amounts to 
about $4 billion.
  I want to thank Chairman Olver for his leadership, and I want to 
thank the Appropriations Committee for demonstrating their commitment 
to passenger and high-speed rail by providing funding in this bill that 
will enable urban, suburban and rural communities in America to be 
connected by a system that will deliver safe, swift, efficient, and 
economical travel across our Nation. The $4 billion provided in this 
bill will support a competitive grant process. The Federal Railroad 
Administration will oversee the grant application and award process.
  For those who have concerns about the funding, I want to stress that 
current demand for passenger rail exceeds available funds in the pre-
application process for passenger rail funding. Texas, for example, has 
requested $3.1 billion; California has requested $21.6 billion; Nevada 
has requested $12.5 billion. Overall, 40 locations throughout America 
have requested in excess of $104 billion.
  The fact of the matter is that $4 billion is only a small down 
payment of investment in passenger rail. Texas desperately needs the 
passenger and high-speed rail. Funding for high-speed rail will reduce 
congestion and pollution. It will create jobs, and it will connect 
America's communities. The San Antonio-Austin area is booming, and the 
highways are congested. America's passenger rail system is terribly 
underdeveloped and underfunded when compared to other nations, such as 
France, Italy, China, and Japan.

                              {time}  1330

  My colleagues in south Texas have joined me in supporting this bill, 
and I ask for the support of this piece of legislation.
  Mr. LATHAM. I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Woolsey) for a colloquy.
  Ms. WOOLSEY. I thank the chairman for all of your hard work on this 
bill.
  As the chairman knows, there is a project in my district named the 
Sonoma-Marin Area Rail Transit project. We call it SMART. When fully up 
and running, SMART will be a 70-mile passenger rail system that 
connects 14 stations and runs right through the heart of my district.
  This project is vital because it eases congestion on the major 
transportation artery, Highway 101, by providing an alternative mode of 
transportation. This is a very popular project, and actually, last 
November, voters in my district passed a quarter-cent sales tax measure 
by over two-thirds majority to raise money for SMART. So it has the 
support of the community when a simple majority votes on a tax measure 
like that.
  Not only is SMART a train, but the project also includes 70 miles of 
bike and pedestrian paths to run alongside the tracks, which 
revolutionizes transportation in my district.
  Unfortunately, while SMART received nearly $2 million in last year's 
Transportation-HUD bill, there are no funds in this bill this year, and 
it is my hope that as SMART moves into the New Starts process that the 
chairman will work with me to support this important transportation 
project.
  Mr. OLVER. I thank the gentlewoman for bringing this matter to my 
attention. This is a good project. I support it, and I will be glad to 
work with the gentlewoman from California on this as it moves into the 
New Starts process.
  Ms. WOOLSEY. I thank the chairman.
  Mr. LATHAM. I continue to reserve.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Oklahoma (Mr. Boren).
  Mr. BOREN. Mr. Chairman, thank you for your hard work on this 
legislation and also your support for Indian country in Oklahoma for 
many years.
  I would like to bring to the gentleman's attention an inequity and an 
inefficiency that currently exists within the Federal programs that 
assist local transit agencies with their capital projects such as buses 
and garages. Specifically, for alternative fuel transit buses, the 
Federal share is 80 percent of the capital cost of a standard diesel, 
plus 90 percent for the cost of vehicle-related compliance with the 
Clean Air Act, often referred to as the incremental cost.
  In short, blending the percentages, grantees may apply for an 83 
percent Federal share of the total vehicle cost. This was based on the 
policy that such buses contribute generally to cleaner air and 
maintaining compliance with the Federal air quality standards.
  I would like to ask the gentleman if I'm correct in stating that this 
bill includes a provision that allows a 90 percent Federal share for 
the entire cost of a biodiesel bus?
  Mr. OLVER. Mr. Chairman, the gentleman from Oklahoma is correct. 
Section 164 of this bill allows that.
  Mr. BOREN. I understand that this biodiesel provision was included in 
this and several past Transportation appropriations bills for air 
quality and petroleum displacement reasons. However, I would like to 
suggest to the chairman, there is no reason not to extend the same 90 
percent of the total vehicle cost benefits offered to a biodiesel bus 
to a natural gas bus. Natural gas-powered buses produce 22 percent less 
greenhouse gases than comparable standard diesel buses, and they have a 
proven track record of displacing imported petroleum.
  It is my hope that the gentleman would be willing to work with me on 
this issue to provide 90 percent of the total vehicle cost to natural 
gas buses.
  The CHAIR. The time of the gentleman has expired.
  Mr. OLVER. I yield the gentleman 1 additional minute.
  Mr. BOREN. That would help transit agencies accelerate the 
replacement of existing diesel buses with new, fuel-efficient, 
alternative fueled ones. This change would make a significant 
contribution in America's strategy for energy independence and global 
climate change.
  Simultaneously, it would ensure clean air and the health of our 
citizens, and contribute to the growth of our economy.
  Mr. OLVER. I appreciate the gentleman's attention to this issue. I 
understand that the House authorizing committee is examining this in 
the context of their multiyear surface transportation reauthorization 
bill. In the meantime, I will be happy to work with the gentleman from 
Oklahoma to address this issue as we move forward in this process and 
conference this bill with the Senate.
  Mr. BOREN. I thank the chairman for his willingness to work with me 
on this issue.
  Mr. LATHAM. I continue to reserve.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. I thank the chairman very much and the 
ranking member.
  I rise to support the rule that has already passed and the underlying 
bill.
  Mr. Chairman, this is a very important step forward for the 
infrastructure of America, covering transportation and housing, and 
housing is part of infrastructure. It creates a holistic neighborhood.
  I want to thank the committee for the Federal Transit Administration 
$10.48 billion, which will impact the growing metro system as a New 
Start. I am hoping as we move forward and metro in Houston is defined 
as a New Start, we will also be able to use and continue to use those 
stimulus dollars because we are in the process of creating jobs as we 
speak.
  I believe it is very important to support the high-speed, inner city 
passenger rail grants. We in Texas are working very much on high speed 
and believe that that is part of the transportation system of tomorrow.
  I am also grateful for the airport modernization, safety and 
efficiency grant of $3.5 billion representing Houston Intercontinental 
Airport, one of the largest airports in the Nation, modernizing air 
traffic control. Just recently, we met with our air traffic 
controllers, and I would hope as we make our way through this 
particular legislation we'll also focus on encouraging the FAA to be 
able to work on the negotiations with the air traffic controllers for a 
better quality of life, better work conditions.
  I am grateful as well for the number of dollars being put in for 
vouchers for homeless veterans, $75 million for homeless veterans; 
10,000 of those veterans will be served, $1.3 million for low-income 
housing. In addition, I'm delighted that we're working for more

[[Page H8618]]

affordable housing. We in the City of Houston are in great need, and 
I've been working on affordable housing for a long time.
  I hope in the dollars that are going to our communities we also will 
be using them for what we call senior housing repair. In many of our 
cities, our housing stock is enormously old. It impacts our seniors, 
and they're in great need.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. OLVER. I yield 15 seconds to the gentlewoman.
  Ms. JACKSON-LEE of Texas. I thank the gentleman very much.
  I have a large population of public housing--we call it housing 
development--and I'm very grateful that $4.8 billion has been 
implemented or used for that, $200 million above the President, $345 
million above 2009 for maintenance and crime prevention and energy 
costs, two very important aspects.
  Let me just say by concluding I thank the gentleman for his work and 
for his housing efforts.
  Mr. LATHAM. I continue to reserve.
  Mr. OLVER. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Berman) for a colloquy.
  Mr. BERMAN. I thank the chairman of the subcommittee, Mr. Olver, for 
yielding to me to engage in a colloquy about the importance of ensuring 
the fairness and objectivity of the FAA's curfew application process.
  I am pleased to be joined by my good friend Mr. Schiff who, like me, 
has many constituents who are greatly affected by nighttime operations 
at Burbank airport.
  Both Burbank Bob Hope Airport and Van Nuys Airport have been actively 
studying nighttime flight curfews on Stage III aircraft. The Burbank-
Glendale-Pasadena Airport Authority has already submitted its completed 
Part 161 application to the FAA requesting a nighttime curfew.
  As both Mr. Schiff and I know, the FAA has been all-too-willing to 
simply disregard the impact that nighttime flight operations have on 
communities living by these airports. I have constituents whose sleep 
is routinely disturbed by aircraft taking off or landing at all hours 
of the night from Burbank and Van Nuys airports.
  I look forward to working with the gentleman and the authorizing 
committee in the future to ensure that the FAA gives fair consideration 
to the concerns of those who must live with airport noise day in and 
out.
  I yield, if I may, to the gentleman from California (Mr. Schiff).
  Mr. SCHIFF. I thank the gentleman from California for yielding.
  I am pleased that for the first time in 17 years the FAA has deemed 
the Part 161 nighttime curfew application officially complete. This is 
a big step in the right direction and shouldn't be overlooked.
  I strongly believe that Bob Hope Airport in Burbank, California, has 
met the criteria for a curfew set by law and that a curfew would impact 
a relatively small number of diverted flights while delivering 
significant reductions in both the noise impact to surrounding 
communities and the cost associated with sound mitigation.
  However, I share my colleague's concern that the FAA has not been 
serious about moving forward with mandatory curfews, despite 
congressional intent when Part 161 was signed into law. I look forward 
to working with Chairman Olver and the authorizing committee to ensure 
that Part 161 has the meaning and credibility and that the process is 
real and can lead to results.
  The CHAIR. The time of the gentleman has expired.
  Mr. OLVER. I yield the gentleman 1 additional minute, and would the 
gentleman yield?
  Mr. BERMAN. I certainly yield to the chairman.
  Mr. OLVER. I appreciate the remarks of the two gentlemen about the 
effects of airport noise on local communities and agree that the FAA 
has a responsibility to adequately and objectively weigh the concerns 
of those adversely impacted by nighttime takeoff and landings.
  While I can't comment as to the specifics of the Burbank and Van Nuys 
curfew studies, I agree that the Part 161 process must serve as a 
credible and objective avenue for evaluating the merits of noise and 
access restrictions.
  Mr. BERMAN. Reclaiming my time, I thank the chairman very much.
  Mr. LATHAM. I continue to reserve, please.
  Mr. OLVER. Could I inquire how much time there is available?
  The CHAIR. The gentleman from Massachusetts has 10\1/2\ minutes 
remaining. The gentleman from Iowa has 8\1/2\ minutes remaining.
  Mr. OLVER. Mr. Chairman, I yield 1 minute to the gentleman from Iowa 
(Mr. Braley) for the purposes of a colloquy.
  Mr. BRALEY of Iowa. Mr. Chair, first let me thank the gentleman from 
Massachusetts for his hard work and dedication to moving our Nation 
forward in the area of transportation and all the other issues he 
tackles each and every day, including those he tackles with my 
colleague from Iowa. This bill is going to help millions of Americans, 
and I am pleased to support it.
  I rise today in strong support of the Olver amendment to the 
Transportation-HUD Appropriations Act. I'm pleased to have helped 
secure an increase of $3 million in this amendment for the Federal 
Railroad Administration's railroad research and development account. 
This additional money could be used for any number of research 
projects, including a biolubricants research study that was authorized 
in the Rail Safety Improvement Act of 2008, as well as other authorized 
activities.
  The widespread use of biolubricants in the rail industry will help us 
reduce our dependency on foreign oil and reduce our national addiction 
to petroleum imports. If all industrial lubricants used annually in the 
United States could be replaced with biobased versions, over 2 billion 
gallons of petroleum per year would be replaced.

                              {time}  1345

  I look forward to seeing the FRA workup with ag-based lubricant 
testing facilities to see that this study is carried out.
  The CHAIR. The time of the gentleman has expired.
  Mr. OLVER. I yield myself 1 minute. I assure the gentleman from Iowa 
that we will work together with the Federal Rail Administration to 
implement the 2008 Authorization Act.
  Mr. LATHAM. I have no additional speakers and, again, I want to 
personally thank the chairman for his consideration and again say thank 
you to the great staff that we have on both sides of the aisle. It's 
been a real pleasure working with you. I appreciate it.
  I yield back the balance of my time.
  Mr. OLVER. I thank the gentleman from Iowa for his kindness and for 
his hard work and I certainly, again, join him in thanking the very 
fine staff who worked together very well in crafting this legislation.
  It is a good bill. I believe it is a bill that deserves the support 
of the vast majority of the Members of the Congress.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chair, I want to thank the 
leadership of the Transportation Appropriations Subcommittee for their 
work on this bill.
  Our Nation's transportation system is at a crossroads. Now is not the 
time to scale back funding efforts to address our country's 
deteriorating infrastructure, worsening traffic congestion, poor air 
quality, energy use, and investments in high speed rail. These issues 
are all interrelated and will impact our economy, global 
competitiveness, and sustainability. The appropriations bill before us 
today is a good one; however, it represents a mere down payment towards 
addressing the critical infrastructure needs of this country. In my 
state, these needs are readily apparent.
  The State of Texas has one of the most extensive surface 
transportation networks in the world. Texas has more than ten thousand 
miles of railtrack; more than three hundred thousand miles of roadway; 
and more than fifty-thousand bridges--more than any other state in the 
nation. Financing challenges, coupled with exploding population and 
trade growth, are creating a perfect storm that is pushing Texas' 
transportation network to its breaking point. In the absence of 
increased funding and innovative policies, the weight of these 
particular challenges will adversely impact the quality of life for my 
constituents and citizens throughout the state.
  It is imperative that we as a body focus our attention on investing 
in a truly national transportation system in order to address the 
impending infrastructure crisis. Our ports are not able to handle the 
volume of freight entering the United States, railroads and highways 
are overwhelmed with freight and delayed by bottlenecks, and intermodal 
facilities need to be improved to facilitate greater efficiency. With

[[Page H8619]]

projected increases in imports over the next several decades, we have 
but a small window to make infrastructure improvements to ensure 
America is able to sustain its global competitiveness.
  As I close, I would like to thank the subcommittee for including 
funding in the bill for Dallas Area Rapid Transit (DART) and the 
Interstate-30 Bridge Project in my congressional district. This funding 
will help advance these noteworthy projects and improve mobility for my 
constituents. I also want to thank the subcommittee for their inclusion 
of high speed rail funding. Relative to other developed nations, the 
United States ranks dead last with regards to developed high speed rail 
corridors. The demand in Texas for high speed rail is great, and the 
funding included in the bill will greatly aid high speed rail efforts 
in my state.
  Just last week, the Texas Department of Transportation announced 
project requests to the U.S. Department of Transportation totaling $1.9 
billion dollars under the American Recovery and Reinvestment Act 
(ARRA). The high speed rail funding reflected in the bill is warranted 
and it is my intent to oppose the amendment offered by the gentleman 
from Iowa, Mr. Latham, aimed at reducing funding for this account.
  I support H.R. 3288.
  Mr. BLUMENAUER. Mr. Chair, the Department of Transportation estimates 
that the Highway Trust Fund will run short of funds this August, and 
that Congress will have to transfer $5-7 billion to it to avoid a 
shortfall. This shortfall is occurring because the gas tax is becoming 
obsolete. As vehicles become more fuel efficient, they increase the 
demand on our transportation system, without contributing as much to 
its maintenance. The current revenue system has lost 33% of its 
purchasing power during the last 15 years, today generating only two-
thirds of the revenues needed to maintain current levels of investment. 
Until we tie our transportation revenues to our transportation demands, 
this situation will worsen.
  Failure to adequately fund transportation infrastructure imposes huge 
costs on American citizens and businesses:
  Congestion costs urban Americans 4.2 billion hours and 2.8 billion 
unnecessary gallons of fuel each year; expressed in dollar terms this 
is $87.2 billion, or $757 per traveler.
  Roughly 40,000 people every year are killed on our streets and 
highways, with 2.5 million more injured, at a staggering annual 
economic cost to society.
  Higher transportation costs and higher inventory carrying costs--
partially attributable to an unreliable transportation system--have 
pushed logistics costs to nearly 10% of GDP.
  Failure to act puts America on hold, when we should be putting 
America to work.
  It is time we sought out innovative solutions to this challenging 
problem. The Oregon Department of Transportation successfully tested a 
model where they charged drivers for the number of miles they traveled 
rather than the fuel they consumed. The test was convenient for 
drivers, protected personal privacy, and proved easily administrable. 
This concept was also highlighted by two blue ribbon commissions 
established in the prior transportation authorization. The National 
Surface Transportation Policy and Revenue Study Commission noted that a 
vehicle miles traveled charge is ``the most promising alternative 
revenue measure'' to our existing gas tax, while the National Surface 
Transportation Infrastructure Financing Commission reported that ``a 
charge for each mile driven . . . has emerged as the consensus choice 
for the future.'' Both commissions found that this system was efficient 
at raising revenue, closely linked system demand to revenues, and could 
win broad public support.
  My legislation calls on the Department of the Treasury to study the 
viability of this revenue source in every State. While evaluating 
mileage based revenue sources, Treasury will ensure the system protects 
privacy and is simple to administer. It will also convene working 
groups to address the most complex aspects of this transition, 
including road use, demand management and climate change, and 
technological needs. Finally, the bill creates a grant program to 
ensure the necessary technology is available.
  The condition of our national highway and transit systems and the 
maintenance of our infrastructure, and the investments that we make in 
these systems, touch the life of every American, strengthen our 
economy, and protect our environment. I look forward to working with my 
colleagues to pass this important legislation.
  Mr. HOYER. Mr. Chair, I rise in strong support of the Fiscal 2010 
Transportation, Housing, and Urban Development Appropriations Act. This 
bill takes great strides to help the neediest Americans secure shelter 
in trying economic times. It also makes important investments in strong 
and user-friendly transportation systems, including our highways, 
airports, passenger rail lines, and transit networks.
  But I particularly want to thank Chairmen Obey and Olver for 
including in this bill $150 million to fund vitally needed capital and 
preventive maintenance improvements for the Washington Area 
Metropolitan Transit Authority, in accordance with legislation we 
passed last year authorizing $1.5 billion for WMATA over the next 10 
years. It has long been clear that America's Subway deserves a strong 
federal commitment. After all, it serves the millions of visitors who 
come to visit our nation's capital, and it is the primary public 
transportation system servicing the federal employees who keep our 
government running. But with a ridership that continues to grow, 
WMATA's General Manager made it clear that the system requires more 
than $11 billion in capital improvements from 2011 to 2020 to keep 
running. Without those funds, the system's aging infrastructure will 
continue to deteriorate.
  The bill includes language directing WMATA to use the funds to first 
address immediate safety shortfalls identified by the National 
Transportation Safety Board, which include, but are not limited to, the 
improved crashworthiness of the agency's rail car fleet and the 
maintenance and modernization of WMATA's signal and automatic train 
control systems. The importance of those systems was vividly and 
painfully demonstrated in last month's Metro crash, which took the 
lives of nine commuters. For the sake of all those who rely on Metro, 
we must ensure that its safety meets the highest standard.
  I urge my colleagues to support this strong appropriations bill and 
make clear our commitment to the efficiency and safety of America's 
Subway.
  Mr. GENE GREEN of Texas. Mr. Chair, I rise in strong support of this 
bill that provides important funding for national priorities, as well 
as regional projects including major projects in Harris County, TX we 
have been working on for years. The bill makes needed investments in 
transportation projects, housing projects, foreclosure prevention, and 
numerous other priorities.
  One of the most significant projects that was included because of the 
benefits it will provide our district and the surrounding area is the 
funding for Houston METRO. This was funding our office requested, was 
in the President's requests, and was funded at $75 million each for the 
North and Southeast Corridor Projects. FY2010 activities include final 
design, land acquisition, and construction for the first segments on 
these two lines.
  Also included in the bill was $400,000 for the flyover connecting HWY 
146 and Spur 330. While this is a fraction of what I requested, it 
should allow additional design and planning on the project to begin. 
Our district encompasses a significant portion of the hurricane-
threatened Gulf Coast of Texas. The State-mandated evacuation plan 
calls for the 70,000 residents of Baytown to travel south on Highway 
146 to Spur 330 and to turn north for travel to Interstate 10. There is 
a direct connector from Spur 330 to I-10 westbound, however there is a 
major pinch point at the intersection of Highway 146 and Spur 330. All 
the evacuating residents must exit the main lanes and travel through 
three signalized intersections before reconnecting with a limited 
access highway.
  Not only do these intersections create a bottleneck for evacuees, 
they also make it difficult for local emergency personnel to cross 
while preparing for and responding to an approaching emergency. All 
areas south of Highway 146 are in the storm surge zone, making 
evacuation mandatory, not voluntary. Our district also encompasses the 
entire Houston Ship Channel area and the resulting threats associated 
with these vital energy complexes. In addition to the evacuation 
criticality of this flyover, the efficient and safe movement of 
hazardous materials by the elimination of local traffic interaction 
will benefit a large portion of the District. I look forward to working 
with the Chairman in the future to ensure this critical project 
receives additional funding.
  There was also $200,000 included to acquire property along Buffalo 
Bayou's East Sector to create park land for continued development of 
the Buffalo Bayou greenway. The Buffalo Bayou Greenway Initiative 
promotes the economic development of Houston's innercity. The project 
has a major quality of life impact on not only the East End but on the 
entire Houston region, and I am pleased the Committee continued to 
provide federal funding to progress this ongoing effort. The project is 
taking abandoned property that is no longer viable for industrial use 
and transforming it into park space that is providing residents with 
recreational and environmental education opportunities.
  Mr. Chair, I fully support this bill that provides increased 
resources for our nation's transportation needs, as well as 
strengthening social safety nets for those most in need. I urge all my 
colleagues to join me in supporting the passage of H.R. 3288.
  Mr. OLVER. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.

[[Page H8620]]

  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 
160, line 6.
  The text of that portion of the bill is as follows:

                               H.R. 3288

       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 Departments of 
     Transportation, and Housing and Urban Development, and 
     related agencies for the fiscal year ending September 30, 
     2010, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $102,556,000, of which not to exceed $2,631,000, shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $986,000, shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $20,359,000, shall be 
     available for the Office of the General Counsel; not to 
     exceed $11,100,000, shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $10,559,000, shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,440,000, shall be available for the Office of the 
     Assistant Secretary for Governmental Affairs; not to exceed 
     $25,520,000, shall be available for the Office of the 
     Assistant Secretary for Administration; not to exceed 
     $2,055,000, shall be available for the Office of Public 
     Affairs; not to exceed $1,658,000, shall be available for the 
     Office of the Executive Secretariat; not to exceed 
     $1,433,000, shall be available for the Office of Small and 
     Disadvantaged Business Utilization; not to exceed 
     $10,600,000, shall be available for the Office of 
     Intelligence, Security, and Emergency Response; and not to 
     exceed $13,215,000 shall be available for the Office of the 
     Chief Information Officer: Provided, That the Secretary of 
     Transportation is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary: Provided further, That 
     no appropriation for any office shall be increased or 
     decreased by more than 5 percent by all such transfers: 
     Provided further, That notice of any change in funding 
     greater than 5 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations: Provided 
     further, That not to exceed $60,000, shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine: 
     Provided further, That notwithstanding any other provision of 
     law, excluding fees authorized in Public Law 107-71, there 
     may be credited to this appropriation up to $2,500,000, in 
     funds received in user fees: Provided further, That none of 
     the funds provided in this Act shall be available for the 
     position of Assistant Secretary for Public Affairs.

                      financial management capital

       For necessary expenses for upgrading and enhancing the 
     Department of Transportation's financial systems, and 
     reengineering business processes, $5,000,000, to remain 
     available until expended.

                         office of civil rights

       For necessary expenses of the Office of Civil Rights, 
     $9,667,000.

           transportation planning, research, and development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $14,733,000.

                          working capital fund

       For necessary expenses for operating costs and capital 
     outlays of the Working Capital Fund, not to exceed 
     $147,569,000, shall be paid from appropriations made 
     available to the Department of Transportation: Provided, That 
     such services shall be provided on a competitive basis to 
     entities within the Department of Transportation: Provided 
     further, That the above limitation on operating expenses 
     shall not apply to non-DOT entities: Provided further, That 
     no funds appropriated in this Act to an agency of the 
     Department shall be transferred to the Working Capital Fund 
     without the approval of the agency modal administrator: 
     Provided further, That no assessments may be levied against 
     any program, budget activity, subactivity or project funded 
     by this Act unless notice of such assessments and the basis 
     therefor are presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.

               minority business resource center program

       For the cost of guaranteed loans for short-term working 
     capital, $342,000, as authorized by 49 U.S.C. 332: 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 these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $18,367,000. In 
     addition, for administrative expenses to carry out the 
     guaranteed loan program, $570,000.

                       minority business outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,074,000, to remain available until 
     September 30, 2011: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

       In addition to funds made available from any other source 
     to carry out the Essential Air Service Program pursuant to 49 
     U.S.C. 41731 through 41742, $125,000,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended: Provided, That, in determining between or among 
     carriers competing to provide service to a community, the 
     Secretary may consider the relative subsidy requirements of 
     the carriers: Provided further, That, if the funds under this 
     heading are insufficient to meet the costs of the Essential 
     Air Service Program in the current fiscal year, the Secretary 
     shall transfer such sums as may be necessary to carry out the 
     Essential Air Service Program from any available amounts 
     appropriated to or directly administered by the Office of the 
     Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

       Sec. 101.  None of the funds made available in this Act to 
     the Department of Transportation may be obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 102.  None of the funds made available under this Act 
     may be obligated or expended to establish or implement a 
     program under which essential air service communities are 
     required to assume subsidy costs commonly referred to as the 
     EAS local participation program.
       Sec. 103.  The Secretary or his or her designee may engage 
     in activities with States and State legislators to consider 
     proposals related to the reduction of motorcycle fatalities.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 108-176, $9,347,168,000, of which 
     $5,190,798,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,300,739,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,231,765,000 shall be available for aviation safety 
     activities; not to exceed $14,737,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $113,681,000 shall be available for financial services 
     activities; not to exceed $100,428,000 shall be available for 
     human resources program activities; not to exceed 
     $341,977,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $190,063,000 shall be available for staff offices; and 
     not to exceed $49,778,000 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary utilize not less than 
     $17,084,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That not later than March 31 
     of each fiscal year hereafter, the Administrator of the 
     Federal Aviation Administration shall transmit to Congress an 
     annual update to the report submitted to Congress in December 
     2004 pursuant to section 221 of Public Law 108-176: Provided 
     further, That funds may be used to enter into a grant 
     agreement with a nonprofit standard-setting organization to 
     assist in the development of aviation safety standards: 
     Provided further, That none of the funds in this Act shall be 
     available for new applicants for the second career training 
     program: Provided further, That none of the funds in this Act 
     shall be available for the Federal Aviation Administration to 
     finalize or implement any regulation that would promulgate 
     new aviation user fees not specifically authorized by law 
     after the date of the enactment of this Act: Provided 
     further, That there may be credited to this appropriation as 
     offsetting collections funds received from States, counties, 
     municipalities, foreign authorities, other public 
     authorities, and private sources, including funds from fees 
     authorized under Chapter 453 of title 49, United

[[Page H8621]]

     States Code, other than those authorized by Section 
     45301(a)(1) of that title, which shall be available for 
     expenses incurred in the provision of agency services, 
     including receipts for the maintenance and operation of air 
     navigation facilities, and for issuance, renewal or 
     modification of certificates, including airman, aircraft, and 
     repair station certificates, or for tests related thereto, or 
     for processing major repair or alteration forms: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $9,500,000 shall be for the contract tower 
     cost-sharing program: Provided further, That of the funds 
     available under this heading not to exceed $500,000 shall be 
     provided to the Department of Transportation's Office of 
     Inspector General through reimbursement to conduct the annual 
     audits of financial statements in accordance with section 
     3521 of title 31, United States Code, and not to exceed 
     $120,000 shall be provided to that office through 
     reimbursement to conduct the annual Enterprise Services 
     Center Statement on Auditing Standards 70 audit: Provided 
     further, That none of the funds in this Act for aeronautical 
     charting and cartography are available for activities 
     conducted by, or coordinated through, the Working Capital 
     Fund.

                        facilities and equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of National 
     Airspace Systems and experimental facilities and equipment, 
     as authorized under part A of subtitle VII of title 49, 
     United States Code, including initial acquisition of 
     necessary sites by lease or grant; engineering and service 
     testing, including construction of test facilities and 
     acquisition of necessary sites by lease or grant; 
     construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this heading, including aircraft for aviation regulation and 
     certification; to be derived from the Airport and Airway 
     Trust Fund, $2,925,202,000, of which $2,455,202,000 shall 
     remain available until September 30, 2012, and of which 
     $470,000,000 shall remain available until September 30, 2010: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred in 
     the establishment and modernization of air navigation 
     facilities: Provided further, That upon initial submission to 
     the Congress of the fiscal year 2011 President's budget, the 
     Secretary of Transportation shall transmit to the Congress a 
     comprehensive capital investment plan for the Federal 
     Aviation Administration which includes funding for each 
     budget line item for fiscal years 2011 through 2015, with 
     total funding for each year of the plan constrained to the 
     funding targets for those years as estimated and approved by 
     the Office of Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $195,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2012: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,000,000,000 to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,515,000,000 in fiscal year 2010, 
     notwithstanding section 47117(g) of title 49, United States 
     Code: Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems: Provided further, That 
     notwithstanding any other provision of law, of funds limited 
     under this heading, not more than $93,422,000 shall be 
     obligated for administration, not less than $15,000,000 shall 
     be available for the airport cooperative research program, 
     not less than $22,472,000 shall be for Airport Technology 
     Research.

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2010.
       Sec. 111.  None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303: Provided, That during fiscal year 2010, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.
       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114. (a) Section 44302(f)(1) of title 49, United 
     States Code, is amended--
       (1) by striking ``September 30, 2009,'' and inserting 
     ``September 30, 2010,''; and
       (2) by striking ``December 31, 2009,'' and inserting 
     ``December 31, 2010,''.
       (b) Section 44303(b) of such title is amended by striking 
     ``December 31, 2009,'' and inserting ``December 31, 2010,''.
       Sec. 115.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 116.  None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a non-revenue 
     producing, public use area of the airport terminal or other 
     airport facilities for the purpose of carrying out a public 
     service air passenger rights and consumer outreach campaign.
       Sec. 117.  None of the funds in this Act shall be available 
     for paying premium pay under 5 U.S.C. 5546(a) to any Federal 
     Aviation Administration employee unless such employee 
     actually performed work during the time corresponding to such 
     premium pay.
       Sec. 118.  None of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

       Not to exceed $413,533,000, together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be paid in accordance with law from 
     appropriations made available by this Act to the Federal 
     Highway Administration for necessary expenses for 
     administration and operation. In addition, not to exceed 
     $3,524,000 shall be paid from appropriations made available 
     by this Act and transferred to the Department of 
     Transportation's Office of Inspector General for costs 
     associated with audits and investigations of projects and 
     programs of the Federal Highway Administration, and not to 
     exceed $285,000 shall be paid from appropriations made 
     available by this Act and provided to that office through 
     reimbursement to conduct the annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code. In addition, not to exceed $3,220,000 
     shall be paid from appropriations made available by this Act 
     and transferred to the Appalachian Regional Commission in 
     accordance with section 104 of title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $41,107,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2010: Provided, That within the $41,107,000,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $429,800,000 
     shall be available for the implementation or execution of 
     programs for transportation research (chapter 5 of title 23, 
     United States Code; sections 111, 5505, and 5506 of title 49, 
     United States Code; and title

[[Page H8622]]

     5 of Public Law 109-59) for fiscal year 2010: Provided 
     further, That this limitation on transportation research 
     programs shall not apply to any authority previously made 
     available for obligation: Provided further, That the 
     Secretary may, as authorized by section 605(b) of title 23, 
     United States Code, collect and spend fees to cover the costs 
     of services of expert firms, including counsel, in the field 
     of municipal and project finance to assist in the 
     underwriting and servicing of Federal credit instruments and 
     all or a portion of the costs to the Federal Government of 
     servicing such credit instruments: Provided further, That 
     such fees are available until expended to pay for such costs: 
     Provided further, That such amounts are in addition to 
     administrative expenses that are also available for such 
     purpose, and are not subject to any obligation limitation or 
     the limitation on administrative expenses under section 608 
     of title 23, United States Code.

                (liquidation of contract authorization)

                          (highway trust fund)

       For carrying out the provisions of title 23, United States 
     Code, that are attributable to Federal-aid highways, not 
     otherwise provided, including reimbursement for sums expended 
     pursuant to the provisions of 23 U.S.C. 308, $41,846,000,000 
     or so much thereof as may be available in and derived from 
     the Highway Trust Fund (other than the Mass Transit Account), 
     to remain available until expended.

                   surface transportation priorities

       For the necessary expenses of certain highway and surface 
     transportation projects, $125,700,000, to remain available 
     until expended: Provided, That the amount provided under this 
     heading shall be made available for the eligible programs, 
     projects, and activities identified under this heading in the 
     report accompanying this Act: Provided further, That a 
     project is an eligible project under this heading if the 
     project is eligible for assistance under title 23 or chapter 
     53 of title 49, United States Code: Provided further, That 
     funds provided under this heading shall be administered in 
     the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code, and the Federal 
     share payable on account of any program, project, or activity 
     carried out with funds made available under this heading 
     shall be determined in accordance with section 120(b) of 
     title 23, United States Code: Provided further, That 
     notwithstanding any other provision of law and the preceding 
     clauses of this provision, the Secretary of Transportation 
     may use amounts made available under this heading to make 
     grants for any surface transportation project otherwise 
     eligible for funding under title 23 or title 49, United 
     States Code.

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2010, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the day before the date of enactment of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and section 144(g) of title 23, United 
     States Code; and section 14501 of title 40, United States 
     Code, so that the amount of obligation authority available 
     for each of such sections is equal to the amount determined 
     by multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for that section for 
     the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation Assistance Act of 
     1982; (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987; (6) under sections 1103 through 1108 of the 
     Intermodal Surface Transportation Efficiency Act of 1991; (7) 
     under section 157 of title 23, United States Code, as in 
     effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code, as in effect for 
     fiscal years 1998 through 2004, but only in an amount equal 
     to $639,000,000 for each of those fiscal years; (9) for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that the obligation authority has not lapsed or been used; 
     (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2010; and (11) under section 1603 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users, to the extent that funds obligated 
     in accordance with that section were not subject to a 
     limitation on obligations at the time at which the funds were 
     initially made available for obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--

[[Page H8623]]

       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users may be obligated for any other project in such section 
     in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
     by the Bureau of Transportation Statistics from the sale of 
     data products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 122. (a) In General.--Except as provided in subsection 
     (b), none of the funds made available, limited, or otherwise 
     affected by this Act shall be used to approve or otherwise 
     authorize the imposition of any toll on any segment of 
     highway located on the Federal-aid system in the State of 
     Texas that--
       (1) as of the date of enactment of this Act, is not tolled;
       (2) is constructed with Federal assistance provided under 
     title 23, United States Code; and
       (3) is in actual operation as of the date of enactment of 
     this Act.
       (b) Exceptions.--
       (1) Number of toll lanes.--Subsection (a) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that subsection that, as of the date on which a toll is 
     imposed on the segment, will have the same number of non-toll 
     lanes as were in existence prior to that date.
       (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
     lane that is converted to a toll lane shall not be subject to 
     this section, and shall not be considered to be a non-toll 
     lane for purposes of determining whether a highway will have 
     fewer non-toll lanes than prior to the date of imposition of 
     the toll, if--
       (A) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       (B) each high-occupancy vehicle lane that was converted to 
     a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.
       Sec. 123. (a) In the explanatory statement referenced in 
     section 129 of division K of Public Law 110-161 (121 Stat. 
     2388), the item relating to ``Route 5 Overpass and River 
     Center, St. Mary's County, MD'' in the table of projects for 
     such section 129 is deemed to be amended by striking `` 
     `Route 5 Overpass and River Center, St. Mary's County, MD'' 
     and inserting ``Safety Improvements and Traffic Calming 
     Measures along Route 5 at St. Mary's County, MD''.
       (b) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``US 422 River Crossing Complex Project, 
     King of Prussia, PA'' in the table of projects under the 
     heading ``Transportation, Community, and System Preservation 
     Program'' is deemed to be amended by striking ``US 422 River 
     Crossing Complex Project, King of Prussia, PA'' and inserting 
     ``For closed loop signal control system and other 
     improvements for Trooper Road in Lower Providence and West 
     Norriton Townships, Montgomery County, PA''.
       (c) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``Improving the West Bank River Front, 
     IL'' in the table of projects under the heading 
     ``Transportation, Community, and System Preservation 
     Program'' is deemed to be amended by striking ``Improving the 
     West Bank River Front, IL'' and inserting ``East Bank River 
     Front and Bikeway Improvements, IL''.
       (d) In the explanatory statement referenced in section 186 
     of title I of division K of Public Law 110-161 (121 Stat. 
     2406), as amended by section 129(d) of division I of Public 
     Law 111-8 (123 Stat. 947), the item relating to ``Repair of 
     Side Streets and Relocation of Water Mains resulting from 
     rerouting of traffic and reconstruction of 159th Street in 
     Harvey, IL'' in the table of projects under the heading 
     ``Transportation, Community, and System Preservation 
     Program'' is deemed to be amended by striking ``Repair of 
     Side Streets and Relocation of Water Mains resulting from 
     rerouting of traffic and reconstruction of 159th Street in 
     Harvey, IL'' and inserting ``Intersection Improvements on 
     Crawford Avenue and 203rd Street in the Village of Olympia 
     Fields, IL''.
       (e) In the explanatory statement referenced in section 129 
     of division K of Public Law 110-161 (121 Stat. 2388), the 
     item relating to ``Study Improvements to 109th Avenue, 
     Winfield, IN'' in the table of projects for such section 129 
     is deemed to be amended by striking ``Winfield, IN'' and 
     inserting ``Town of Winfield, City of Crown Point, Lake 
     County, IN''.
       (f) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``Ronald Reagan Parkway (Middle and 
     Southern segments), Boone County, IN'' in the table of 
     projects under the heading ``Transportation, Community, and 
     System Preservation Program'' is deemed to be amended by 
     striking ``Boone County'' and inserting ``Hendricks County''.
       (g) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``Onville Road Intersection and Road-
     Widening Project, Prince William County, VA'' in the table of 
     projects under the heading ``Federal Lands'' is deemed to be 
     amended by striking ``Prince William'' and inserting 
     ``Stafford''.
       (h) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``U.S. 59/Alabama Grade Separation 
     Project, St. Joseph, MO'' in the table of projects under the 
     heading ``Interstate Maintenance Discretionary'' is deemed to 
     be amended by striking ``U.S. 59/Alabama Grade Separation 
     Project, St. Joseph, MO'' and inserting ``I-29 Interchange 
     Reconstruction in St. Joseph, MO''.
       (i) In the explanatory statement referenced in section 186 
     of title I of division I of Public Law 111-8 (123 Stat. 947), 
     the item relating to ``Decking and Sidewalk Replacement on 
     the Central Avenue Overpass, South Charleston, WV'' in the 
     table of projects under the heading ``Interstate Maintenance 
     Discretionary'' is deemed to be amended by striking ``Decking 
     and Sidewalk Replacement on the Central Avenue Overpass, 
     South Charleston, WV'' and inserting ``General Interstate 
     Maintenance, WV''.
       (j) In the explanatory statement referenced in section 125 
     of title I of division I of Public Law 111-8 (123 Stat. 928), 
     the item relating to ``Wapsi Great Western Line Trail, 
     Mitchell County, IA'' is deemed to be amended by striking 
     ``Mitchell County'' and inserting ``Mitchell and Howard 
     Counties''.
       (k) In the explanatory statement referenced in section 125 
     of title I of division I of Public Law 111-8 (123 Stat. 928), 
     the item relating to ``Highway 169 Corridor Project 
     Environmental Assessment, Preliminary Engineering and 
     Planning, Humboldt, IA'' is deemed to be amended by striking 
     ``Corridor Project Environmental Assessment, Preliminary 
     Engineering and Planning, Humboldt, IA'' and inserting 
     ``Construction, Humboldt and Webster Counties, IA''.
       (l) In the explanatory statement referenced in section 125 
     of title I of division I of Public Law 111-8 (123 Stat. 928), 
     the item relating to ``Highway 53 Interchanges, WI'' is 
     deemed to be amended by striking ``Interchanges'' and 
     inserting ``Intersections''.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in the implementation, 
     execution and administration of motor carrier safety 
     operations and programs pursuant to section 31104(i) of title 
     49, United States Code, and sections 4127 and 4134 of Public 
     Law 109-59, $239,828,000, to be derived from the Highway 
     Trust Fund (other than the Mass Transit Account), together 
     with advances and reimbursements received by the Federal 
     Motor Carrier Safety Administration: Provided, That none of 
     the funds derived from the Highway Trust Fund in this Act 
     shall be available for the implementation, execution or 
     administration of programs, the obligations for which are in 
     excess of $239,828,000, for ``Motor Carrier Safety Operations 
     and Programs'', of which $8,500,000, is for the research and 
     technology program to remain available for obligation until 
     September 30, 2011, and $1,000,000 shall be available for 
     commercial motor vehicle operator's grants to carry out 
     section 4134 of Public Law 109-59: Provided further, That 
     notwithstanding any other provision of law, none of the funds 
     under this heading for outreach and education shall be 
     available for transfer: Provided further, That the Federal 
     Motor Carrier Safety Administration shall transmit to 
     Congress a report on March 30, 2010, and September 30, 2010, 
     on the agency's ability to meet its requirement to conduct 
     compliance reviews on high-risk carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 
     sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 
     of title 49, United

[[Page H8624]]

     States Code, and sections 4126 and 4128 of Public Law 109-59, 
     $310,070,000, to be derived from the Highway Trust Fund 
     (other than the Mass Transit Account): Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $310,070,000, for ``Motor Carrier 
     Safety Grants''; of which $212,070,000 shall be available for 
     the motor carrier safety assistance program to carry out 
     sections 31102 and 31104(a) of title 49, United States Code; 
     $25,000,000, shall be available for the commercial driver's 
     license improvements program to carry out section 31313 of 
     title 49, United States Code; $32,000,000, shall be available 
     for the border enforcement grants program to carry out 
     section 31107 of title 49, United States Code; $5,000,000, 
     shall be available for the performance and registration 
     information system management program to carry out sections 
     31106(b) and 31109 of title 49, United States Code; 
     $25,000,000, shall be available for the commercial vehicle 
     information systems and networks deployment program to carry 
     out section 4126 of Public Law 109-59; $3,000,000, shall be 
     available for the safety data improvement program to carry 
     out section 4128 of Public Law 109-59; and $8,000,000, shall 
     be available for the commercial driver's license information 
     system modernization program to carry out section 31309(e) of 
     title 49, United States Code: Provided further, That of the 
     funds made available for the motor carrier safety assistance 
     program, $29,000,000, shall be available for audits of new 
     entrant motor carriers.

 administrative provisions--federal motor carrier safety administration

       Sec. 135.  Funds appropriated or limited in this Act shall 
     be subject to the terms and conditions stipulated in section 
     350 of Public Law 107-87 and section 6901 of Public Law 110-
     28, including that the Secretary submit a report to the House 
     and Senate Appropriations Committees annually on the safety 
     and security of transportation into the United States by 
     Mexico-domiciled motor carriers.

             National Highway Traffic Safety Administration

                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     subtitle C of title X of Public Law 109-59 and chapter 301 
     and part C of subtitle VI of title 49, United States Code, 
     $131,736,000, of which $32,045,000 shall remain available 
     until September 30, 2011: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, $108,642,000 to be derived from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     and to remain available until expended: Provided, That none 
     of the funds in this Act shall be available for the planning 
     or execution of programs the total obligations for which, in 
     fiscal year 2010, are in excess of $108,642,000 for programs 
     authorized under 23 U.S.C. 403: Provided further, That within 
     the $108,642,000 obligation limitation for operations and 
     research, $26,908,000 shall remain available until September 
     30, 2011 and shall be in addition to the amount of any 
     limitation imposed on obligations for future years.

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out chapter 
     303 of title 49, United States Code, $4,000,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account) and to remain available until expended: 
     Provided, That none of the funds in this Act shall be 
     available for the implementation or execution of programs the 
     total obligations for which, in fiscal year 2010, are in 
     excess of $4,000,000 for the National Driver Register 
     authorized under such chapter.

                        national driver register

       For an additional amount for the ``National Driver 
     Register'' as authorized by chapter 303 of title 49, United 
     States Code, $3,350,000, to remain available through 
     September 30, 2011: Provided, That the funding made available 
     under this heading shall be used to carry out the 
     modernization of the National Driver Register.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
     sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
     59, to remain available until expended, $619,500,000 to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account): Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2010, are in excess of $619,500,000 for programs authorized 
     under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 
     2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of 
     which $235,000,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
     Protection Incentive Grants'' under 23 U.S.C. 405; 
     $124,500,000 shall be for ``Safety Belt Performance Grants'' 
     under 23 U.S.C. 406, and such obligation limitation shall 
     remain available until September 30, 2011 in accordance with 
     subsection (f) of such section 406 and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     such grants for future fiscal years; $34,500,000 shall be 
     for ``State Traffic Safety Information System 
     Improvements'' under 23 U.S.C. 408; $139,000,000 shall be 
     for ``Alcohol-Impaired Driving Countermeasures Incentive 
     Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be 
     for ``Administrative Expenses'' under section 2001(a)(11) 
     of Public Law 109-59; $29,000,000 shall be for ``High 
     Visibility Enforcement Program'' under section 2009 of 
     Public Law 109-59; $7,000,000 shall be for ``Motorcyclist 
     Safety'' under section 2010 of Public Law 109-59; and 
     $7,000,000 shall be for ``Child Safety and Child Booster 
     Seat Safety Incentive Grants'' under section 2011 of 
     Public Law 109-59: Provided further, That none of these 
     funds shall be used for construction, rehabilitation, or 
     remodeling costs, or for office furnishings and fixtures 
     for State, local or private buildings or structures: 
     Provided further, That not to exceed $500,000 of the funds 
     made available for section 410 ``Alcohol-Impaired Driving 
     Countermeasures Grants'' shall be available for technical 
     assistance to the States: Provided further, That not to 
     exceed $750,000 of the funds made available for the ``High 
     Visibility Enforcement Program'' shall be available for 
     the evaluation required under section 2009(f) of Public 
     Law 109-59.

      administrative provisions--national highway traffic safety 
                             administration

       Sec. 140.  Notwithstanding any other provision of law or 
     limitation on the use of funds made available under section 
     403 of title 23, United States Code, an additional $130,000 
     shall be made available to the National Highway Traffic 
     Safety Administration, out of the amount limited for section 
     402 of title 23, United States Code, to pay for travel and 
     related expenses for State management reviews and to pay for 
     core competency development training and related expenses for 
     highway safety staff.
       Sec. 141.  The limitations on obligations for the programs 
     of the National Highway Traffic Safety Administration set in 
     this Act shall not apply to obligations for which obligation 
     authority was made available in previous public laws for 
     multiple years but only to the extent that the obligation 
     authority has not lapsed or been used.

                    Federal Railroad Administration

                         safety and operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $172,533,000, of 
     which $15,300,000 shall remain available until September 30, 
     2011.

                   railroad research and development

       For necessary expenses for railroad research and 
     development, $34,145,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), in such 
     amounts and at such times as may be necessary to pay any 
     amounts required pursuant to the guarantee of the principal 
     amount of obligations under sections 511 through 513 of such 
     Act, such authority to exist as long as any such guaranteed 
     obligation is outstanding: Provided, That pursuant to section 
     502 of such Act, no new direct loans or loan guarantee 
     commitments shall be made using Federal funds for the credit 
     risk premium during fiscal year 2010.

              rail line relocation and improvement program

       For necessary expenses of carrying out section 20154 of 
     title 49, United States Code, $40,000,000, to remain 
     available until expended.

    capital assistance for high speed rail corridors and intercity 
                         passenger rail service

       To enable the Secretary of Transportation to make passenger 
     rail grants for capital projects as authorized under sections 
     26106 and 24406 of title 49, United States Code; the 
     acquisition of new rolling stock; and to enter into 
     cooperative agreements for these purposes, $4,000,000,000, to 
     remain available until September 30, 2015: Provided, That 
     $50,000,000 of funds provided under this paragraph are 
     available to the Administrator of the Federal Railroad 
     Administration to fund the award and oversight of financial 
     assistance made under this paragraph: Provided further, That 
     up to $30,000,000 of the funds provided under this paragraph 
     are available to the Administrator for the purposes of 
     conducting research and demonstrating technologies supporting 
     the development of passenger rail service that is expected to 
     maintain an average speed of 110 miles per hour or is 
     reasonably expected to reach speeds of at least 150

[[Page H8625]]

     miles per hour, including the implementation of the Rail 
     Cooperative Research Program authorized by section 24910 of 
     title 49, United States Code: Provided further, That up to 
     $50,000,000 of the funds provided under this paragraph may be 
     used for planning activities that lead directly to the 
     development of a passenger rail corridor investment plan 
     consistent with the requirements established by the 
     Administrator or a state rail plan consistent with chapter 
     227 of title 49, United States Code: Provided further, That 
     the Secretary shall issue regulations covering application 
     procedures and grant criteria for the passenger rail grants 
     provided under this paragraph: Provided further, That the 
     Federal share payable of the costs for which financial 
     assistance is made under this paragraph shall not exceed 80 
     percent: Provided further, That in addition to the provisions 
     of title 49, United States Code, that apply to the passenger 
     rail programs funded under this paragraph, sections 
     24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 
     title 49, United States Code, shall also apply to the 
     provision of funds provided under this paragraph: Provided 
     further, That a project need not be in a state rail plan 
     developed under chapter 227 of title 49, United States Code, 
     to be eligible for assistance under this heading: Provided 
     further, That up to $5,000,000 of the funds provided under 
     this paragraph are available to the Administrator for the 
     purposes of implementing section 24316 of title 49, United 
     States Code: Provided further, That if legislation 
     authorizing a national infrastructure bank is enacted prior 
     to September 30, 2010, beginning on October 1, 2010, the 
     Secretary of Transportation may use up to $2,000,000,000, of 
     the amount appropriated in this paragraph to carry out such 
     legislation including by transferring funds to the 
     appropriate Federal agency to carry out the national 
     infrastructure bank: Provided further, That if legislation 
     enacting a national infrastructure bank is not enacted by 
     September 30, 2010, the Secretary may use an additional 
     $20,000,000 of the funds available under this paragraph for 
     the award and oversight of financial assistance made under 
     this paragraph; Provided further, That recipients of grants 
     under this paragraph shall conduct all procurement 
     transactions using such grant funds in a manner that provides 
     full and open competition, as determined by the Secretary, in 
     compliance with existing labor agreements.

    operating grants to the national railroad passenger corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     operation of intercity passenger rail, as authorized by 
     section 101(a) of the Passenger Rail Investment and 
     Improvement Act of 2008 (Division B of Pub. L. 110-432), 
     $553,348,000, to remain available until September 30, 2010: 
     Provided, That the amounts available under this heading shall 
     be available for the Secretary to approve funding to cover 
     operating losses for the Corporation only after receiving and 
     reviewing a grant request for each specific train route: 
     Provided further, That each such grant request shall be 
     accompanied by a detailed financial analysis, revenue 
     projection, and capital expenditure projection justifying the 
     Federal support to the Secretary's satisfaction: Provided 
     further, That the Secretary may retain up to one-half of one 
     percent of the funds provided under this heading to implement 
     the Operating Grants to the National Railroad Passenger 
     Corporation in fiscal year 2010: Provided further, That the 
     Corporation is directed to achieve savings through operating 
     efficiencies including, but not limited to, modifications to 
     food and beverage service and first class service: Provided 
     further, That the Inspector General of the Department of 
     Transportation shall report to the House and Senate 
     Committees on Appropriations beginning 3 months after the 
     date of the enactment of this Act and quarterly thereafter 
     with estimates of the savings accrued as a result of all 
     operational reforms instituted by the Corporation: Provided 
     further, That the Inspector General of the Department of 
     Transportation shall provide a report recommending to the 
     House and Senate Committees on Appropriations 180 days after 
     the date of the enactment of this Act on possible operational 
     reforms that could be instituted by the Corporation: Provided 
     further, That not later than 120 days after enactment of this 
     Act, the Corporation shall transmit to the House and Senate 
     Committees on Appropriations its Fiscal Year 2011 plan to 
     improve the financial performance of food and beverage 
     service and its plan to improve the financial performance of 
     first class service (including sleeping car service): 
     Provided further, That the Corporation shall report quarterly 
     to the House and Senate Committees on Appropriations on its 
     progress against the milestones and target dates contained in 
     its financial performance improvement plan provided in fiscal 
     year 2009 and quantify savings realized to date on a monthly 
     basis compared to those projected in the plan, identify any 
     changes in the plan or delays in implementing these plans, 
     and identify the causes of delay and proposed corrective 
     measures: Provided further, That the National Railroad 
     Passenger Corporation shall submit, in electronic format, to 
     the House and Senate Committees on Appropriations, a budget, 
     business plan and a 5-Year Financial Plan beginning with 
     fiscal year 2010, consistent with the provisions of section 
     204 of the Passenger Rail Investment and Improvement Act of 
     2008 (Division B of Pub. L. 110-432): Provided further, That 
     the budget, business plan and the 5-Year Financial Plan shall 
     also include a separate accounting of targets for the 
     Northeast Corridor; commuter service; long distance Amtrak 
     service; state-supported service; each intercity train route, 
     including Autotrain; and commercial activities including 
     contract operations: Provided further, That, these plans 
     shall be accompanied by a comprehensive fleet plan for all 
     Amtrak rolling stock which shall address the Corporation's 
     detailed plans and timeframes for the maintenance, 
     refurbishment, replacement, and expansion of the Amtrak 
     fleet: Provided further, That said fleet plan shall establish 
     year-specific goals and milestones and discuss potential, 
     current, and preferred financing options for all such 
     activities: Provided further, That the budget, business plan 
     and the 5-Year Financial Plan shall include a description of 
     work to be funded, along with cost estimates and an estimated 
     timetable for completion of the projects covered by these 
     plans: Provided further, That the Corporation shall provide 
     monthly reports in electronic format regarding the budget, 
     business plan, and 5-Year Financial Plan, which shall 
     describe the work completed to date, any changes to any plan, 
     and the reasons for such changes, and shall identify all sole 
     source contract awards which shall be accompanied by a 
     justification as to why said contract was awarded on a sole 
     source basis: Provided further, That the Corporation's 
     budget, business plan, 5-Year Financial Plan, and all 
     subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act.

national railroad passenger corporation office of the inspector general

       To enable the Secretary of Transportation to make a grant 
     to the National Railroad Passenger Corporation Office of the 
     Inspector General for auditing the operations and capital 
     expenditures of the National Railroad Passenger Corporation, 
     as authorized by section 101(b) of the Passenger Rail 
     Investment and Improvement Act of 2008 (Division B of Pub. L. 
     110-432), $19,000,000.

  capital and debt service grants to the national railroad passenger 
                              corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for 
     capital grants supporting intercity passenger services as 
     authorized by section 101(c) of the Passenger Rail Investment 
     and Improvement Act of 2008 (Division B of Pub. L. 110-432), 
     $929,625,000, to remain available until September 30, 2010, 
     of which not to exceed $264,000,000 shall be for debt service 
     obligations as authorized by section 102 of that Act: 
     Provided, That in addition to the project management 
     oversight funds authorized under section 101(d) of that Act, 
     the Secretary may retain up to an additional one-half of one 
     percent of the funds provided under this heading to fund 
     expenses associated with implementing sections 208 and 212 of 
     that Act, including the amendments made by section 212 to 
     section 24905 of title 49, United States Code: Provided 
     further, That the Secretary shall approve funding for capital 
     expenditures, including advance purchase orders of materials, 
     for the Corporation only after receiving and reviewing a 
     grant request for each specific capital project justifying 
     the Federal support to the Secretary's satisfaction: Provided 
     further, That none of the funds under this heading may be 
     used to subsidize operating losses of the Corporation: 
     Provided further, That none of the funds under this heading 
     may be used for capital projects not approved by the 
     Secretary of Transportation or on the Corporation's fiscal 
     year 2010 business plan.

       administrative provisions--federal railroad administration

       Sec. 151.  The Secretary may purchase promotional items of 
     nominal value for use in public outreach activities to 
     accomplish the purposes of 49 U.S.C. 20134: Provided, That 
     the Secretary shall prescribe guidelines for the 
     administration of such purchases and use.
       Sec. 152.  Hereafter, notwithstanding any other provision 
     of law, funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available 
     to said Corporation in the event that the Corporation 
     contracts to have services provided at or from any location 
     outside the United States. For purposes of this section, the 
     word ``services'' shall mean any service that was, as of July 
     1, 2006, performed by a full-time or part-time Amtrak 
     employee whose base of employment is located within the 
     United States.
       Sec. 153.  The Secretary of Transportation may receive and 
     expend cash, or receive and utilize spare parts and similar 
     items, from non-United States Government sources to repair 
     damages to or replace United States Government owned 
     automated track inspection cars and equipment as a result of 
     third party liability for such damages, and any amounts 
     collected under this section shall be credited directly to 
     the Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection

[[Page H8626]]

     cars and equipment in connection with the automated track 
     inspection program.
       Sec. 154.  The Administrator of the Federal Railroad 
     Administration shall submit a report on April 1, 2010, and 
     quarterly reports thereafter, to the House and Senate 
     Committees on Appropriations detailing the Administrator's 
     efforts at improving the on-time performance of Amtrak 
     intercity rail service operating on non-Amtrak owned 
     property. Such reports shall compare the most recent actual 
     on-time performance data to pre-established on-time 
     performance goals that the Administrator shall set for each 
     rail service, identified by route. Such reports shall also 
     include whatever other information and data regarding the on-
     time performance of Amtrak trains the Administrator deems to 
     be appropriate.
       Sec. 155.  In the Explanatory Statement referenced in 
     division I of Public Law 111-8 under the heading Railroad 
     Research and Development the item relating to ``San Gabriel 
     trench grade separation project, Alameda Corridor, CA'' is 
     deemed to be amended by inserting ``Alameda Corridor East 
     Construction Authority Grade Separations, CA.''.
       Sec. 156.  In the Explanatory Statement referenced in 
     division K of Public Law 110-161 under the heading Rail Line 
     Relocation and Improvement Program the item relating to ``Mt. 
     Vernon railroad cut, NY'' is deemed to be amended by 
     inserting ``Rail Line and Station Improvement and 
     Rehabilitation, Mount Vernon, NY.''.

                     Federal Transit Administration

                        administrative expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $97,478,000: Provided, That of 
     the funds available under this heading, not to exceed 
     $1,809,000 shall be available for travel: Provided further, 
     That none of the funds provided or limited in this Act may be 
     used to create a permanent office of transit security under 
     this heading: Provided further, That of the amounts made 
     available under this heading not to exceed $75,000 shall be 
     paid from appropriations made available by this Act and 
     provided to the Department of Transportation Office of 
     Inspector General through reimbursement to conduct the annual 
     audits of financial statements in accordance with section 
     3521 of title 31, United States Code: Provided further, That 
     upon submission to the Congress of the fiscal year 2011 
     President's budget, the Secretary of Transportation shall 
     transmit to Congress the annual report on new starts, 
     including proposed allocations of funds for fiscal year 2011.

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
     5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of 
     Public Law 105-178, as amended, $8,852,000,000 to be derived 
     from the Mass Transit Account of the Highway Trust Fund and 
     to remain available until expended: Provided, That funds 
     available for the implementation or execution of programs 
     authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
     5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 
     of Public Law 105-178, as amended, shall not exceed total 
     obligations of $8,343,171,000 in fiscal year 2010.

                research and university research centers

       For necessary expenses to carry out 49 U.S.C. 5306, 5312-
     5315, 5322, and 5506, $65,670,000, to remain available until 
     expended: Provided, That $10,000,000 is available to carry 
     out the transit cooperative research program under section 
     5313 of title 49, United States Code, $4,300,000 is available 
     for the National Transit Institute under section 5315 of 
     title 49, United States Code, and $7,000,000 is available for 
     university transportation centers program under section 5506 
     of title 49, United States Code: Provided further, That 
     $44,370,000 is available to carry out national research 
     programs under sections 5312, 5313, 5314, and 5322 of title 
     49, United States Code.

                       capital investment grants

                     (including transfer of funds)

       For necessary expenses to carry out section 5309 of title 
     49, United States Code, $1,827,343,000, to remain available 
     until expended, of which not to exceed $200,000,000 is for 
     section 5309(e) of such title: Provided, That $2,000,000, 
     shall be transferred to the Department of Transportation 
     Office of Inspector General from funds set aside for the 
     execution of contracts pursuant to section 5327(c) of title 
     49, United States Code, for costs associated with audits and 
     investigations of transit-related issues, including reviews 
     of new fixed guideway systems.

             washington metropolitan area transit authority

       For necessary expenses to carry out section 601 of Division 
     B of Public Law 110-432, $150,000,000, to remain available 
     until expended.

       administrative provisions--federal transit administration

       Sec. 160.  The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161.  Notwithstanding any other provision of law, 
     funds appropriated or limited by this Act under ``Federal 
     Transit Administration, Capital Investment Grants'' and for 
     bus and bus facilities under ``Federal Transit 
     Administration, Formula and Bus Grants'' for projects 
     specified in this Act or identified in reports accompanying 
     this Act not obligated by September 30, 2012, and other 
     recoveries, shall be directed to projects eligible to use the 
     funds for the purposes for which they were originally 
     provided.
       Sec. 162.  Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2009, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163.  Notwithstanding any other provision of law, 
     unobligated funds made available for new fixed guideway 
     system projects under the heading ``Federal Transit 
     Administration, Capital investment grants'' in any 
     appropriations Act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 164.  During fiscal year 2010, each Federal Transit 
     Administration grant for a project that involves the 
     acquisition or rehabilitation of a bus to be used in public 
     transportation shall be funded for 90 percent of the net 
     capital costs of a biodiesel bus or a factory-installed or 
     retrofitted hybrid electric propulsion system and any 
     equipment related to such a system: Provided, That the 
     Secretary shall have the discretion to determine, through 
     practicable administrative procedures, the costs attributable 
     to the system and related-equipment.
       Sec. 165.  Notwithstanding any other provision of law, 
     unobligated funds or recoveries under section 5309 of title 
     49, United States Code, that are available to the Secretary 
     of Transportation for reallocation shall be directed to 
     projects eligible to use the funds for the purposes for which 
     they were originally provided.
       Sec. 166. (a) In the explanatory statement referenced in 
     section 186 of title I of division K of Public Law 110-161 
     (121 Stat. 2406), the item relating to ``Broward County 
     Southwest Transit Facility'' in the table of projects under 
     the heading ``Bus and Bus Facilities'' is deemed to be 
     amended by striking ``Southwest'' and inserting 
     ``Ravenswood''.
       (b) The explanatory statement referenced in section 186 of 
     title I of division I of Public Law 111-8 for ``Alternatives 
     analysis'' under ``Federal Transit Administration-Formula and 
     Bus Grants'' is deemed to be amended by striking ``Hudson-
     Bergen Light Rail Extension Route 440, North Bergen, NJ'' and 
     inserting ``Hudson-Bergen Light Rail Extension Route 440, 
     Jersey City, NJ''.
       (c) Funds made available for the Phoenix Heavy Maintenance 
     Facility, Phoenix Dial-a-Ride facility, and the Phoenix 
     Regional Heavy Bus Maintenance Facility in Arizona through 
     the Department of Transportation Appropriations Acts for 
     Fiscal Years 2005 and 2008 that remain unobligated or 
     unexpended shall be made available to the East Baseline Park-
     and-Ride Facility in Phoenix, Arizona.

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses for operations, maintenance, and 
     capital asset renewal of those portions of the Saint Lawrence 
     Seaway owned, operated, and maintained by the Saint Lawrence 
     Seaway Development Corporation, $32,324,000, to be derived 
     from the Harbor Maintenance Trust Fund, pursuant to Public 
     Law 99-662.

                        Maritime Administration

                       maritime security program

       For necessary expenses to maintain and preserve a United 
     States flag merchant fleet to serve the national security 
     needs of the United States, $174,000,000, to remain available 
     until expended.

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $140,900,000, of which 
     $31,677,000 shall remain avaialble until September 30, 2010, 
     for salaries and benefits of employees of the United States 
     Merchant Marine Academy; of which $15,391,000 shall remain 
     available until expended for capital improvements at the 
     United States Merchant Marine Academy; and of which 
     $11,240,000 shall remain available until expended for 
     maintenance and repair of training ships at State maritime 
     academies.

                             ship disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $15,000,000, to remain available until 
     expended.

[[Page H8627]]

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For administrative expenses to carry out the guaranteed 
     loan program, not to exceed $3,630,000, which shall be 
     transferred to and merged with the appropriation for 
     ``Operations and Training'', Maritime Administration.

           administrative provisions--maritime administration

       Sec. 175.  Notwithstanding any other provision of this Act, 
     the Maritime Administration may furnish utilities and 
     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under the control of the Maritime Administration, and 
     payments received therefor shall be credited to the 
     appropriation charged with the cost thereof: Provided, That 
     rental payments under any such lease, contract, or occupancy 
     for items other than such utilities, services, or repairs 
     shall be covered into the Treasury as miscellaneous receipts.
       Sec. 176.  Section 51314 of title 46, United States Code, 
     is amended in subsection (b) by inserting at the end ``Such 
     fees shall be credited to the Maritime Administration's 
     Operations and Training appropriation, to remain available 
     until expended, for those expenses directly related to the 
     purposes of the fees. Fees collected in excess of actual 
     expenses may be refunded to the Midshipmen through a 
     mechanism approved by the Secretary. The Academy shall 
     maintain a separate and detailed accounting of fee revenue 
     and all associated expenses.''.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $19,968,000, of 
     which $639,000 shall be derived from the Pipeline Safety 
     Fund: Provided, That $1,000,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline Safety 
     Information Grants to Communities'' as authorized under 
     section 60130 of title 49, United States Code.

                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $36,500,000, of which $2,699,000 shall 
     remain available until September 30, 2012: Provided, That up 
     to $800,000 in fees collected under 49 U.S.C. 5108(g) shall 
     be deposited in the general fund of the Treasury as 
     offsetting receipts: Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from states, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $105,239,000, of which $18,905,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2012; and of which 
     $86,334,000 shall be derived from the Pipeline Safety Fund, 
     of which $47,332,000 shall remain available until September 
     30, 2012.

                     emergency preparedness grants

                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5128(b), 
     $188,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2011: Provided, That 
     not more than $28,318,000 shall be made available for 
     obligation in fiscal year 2010 from amounts made available by 
     49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That 
     none of the funds made available by 49 U.S.C. 5116(i), 
     5128(b), or 5128(c) shall be made available for obligation by 
     individuals other than the Secretary of Transportation, or 
     his or her designee.

           Research and Innovative Technology Administration

                        research and development

       For necessary expenses of the Research and Innovative 
     Technology Administration, $12,834,000, of which $6,036,000 
     shall remain available until September 30, 2012: Provided, 
     That there may be credited to this appropriation, to be 
     available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $74,839,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3), to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $29,800,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2010, to result in a final appropriation from the 
     general fund estimated at no more than $28,550,000.

            General Provisions--department of Transportation

       Sec. 180.  During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181.  Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182.  None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183.  None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 184. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 185.  Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal Railroad Administration's 
     ``Safety and Operations'' account, except for State rail 
     safety inspectors participating in training pursuant to 49 
     U.S.C. 20105.
       Sec. 186.  Funds provided or limited in this Act under the 
     appropriate accounts within the Federal Highway 
     Administration, the Federal Railroad Administration and the 
     Federal Transit Administration shall be for the eligible 
     programs, projects and activities in the corresponding 
     amounts identified in the explanatory statement accompanying 
     this Act for ``Ferry Boats and Ferry Terminal Facilities'', 
     ``Federal Lands'', ``Interstate Maintenance Discretionary'', 
     ``Transportation, Community and System Preservation 
     Program'', ``Delta Region Transportation Development 
     Program'', ``Rail Line Relocation and Improvement Program'', 
     ``Rail-highway crossing hazard eliminations'', ``Alternatives 
     analysis'', and ``Bus and bus facilities''.
       Sec. 187.  Notwithstanding any other provisions of law, 
     rule or regulation, the Secretary of Transportation is 
     authorized to allow the issuer of any preferred stock 
     heretofore sold to the Department to redeem or repurchase 
     such stock upon the payment to the Department of an amount 
     determined by the Secretary.
       Sec. 188.  None of the funds in this Act to the Department 
     of Transportation may be used to make a grant unless the 
     Secretary of Transportation notifies the House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any discretionary grant award, letter of intent, 
     or full funding grant agreement totaling $500,000 or more is 
     announced by the department or its modal administrations 
     from: (1) any discretionary grant program of the Federal 
     Highway Administration including the emergency relief 
     program; (2) the airport improvement program of the Federal 
     Aviation Administration; (3) any grant or cooperative 
     agreement from the Federal Railroad Administration; or (4) 
     any program of the Federal Transit Administration other than 
     the formula grants and fixed guideway modernization programs: 
     Provided, That the Secretary gives concurrent notification to 
     the

[[Page H8628]]

     House and Senate Committees on Appropriations for any ``quick 
     release'' of funds from the emergency relief program: 
     Provided further, That no notification shall involve funds 
     that are not available for obligation.
       Sec. 189.  Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 190.  Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002: Provided, 
     That amounts in excess of that required for paragraphs (1) 
     and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: Provided 
     further, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations the amount and 
     reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 191.  Notwithstanding any other provision of law, if 
     any funds provided in or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, said 
     reprogramming action shall be approved or denied solely by 
     the Committees on Appropriations: Provided, That the 
     Secretary may provide notice to other congressional 
     committees of the action of the Committees on Appropriations 
     on such reprogramming but not sooner than 30 days following 
     the date on which the reprogramming action has been approved 
     or denied by the House and Senate Committees on 
     Appropriations.
       Sec. 192.  None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board of the Department of Transportation to 
     charge or collect any filing fee for rate complaints filed 
     with the Board in an amount in excess of the amount 
     authorized for district court civil suit filing fees under 
     section 1914 of title 28, United States Code.
       Sec. 193.  Notwithstanding section 3324 of Title 31, United 
     States Code, in addition to authority provided by section 327 
     of title 49, United States Code, the Department's Working 
     Capital fund is hereby authorized to provide payments in 
     advance to vendors that are necessary to carry out the 
     Federal transit pass transportation fringe benefit program 
     under Executive Order 13150 and section 3049 of Public Law 
     109-59: Provided, that the Department shall include adequate 
     safeguards in the contract with the vendors to ensure timely 
     and high quality performance under the contract.
       This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

       For necessary salaries and expenses for Executive 
     Direction, $25,969,000, of which not to exceed $4,619,000 
     shall be available for the immediate Office of the Secretary 
     and Deputy Secretary; not to exceed $1,703,000 shall be 
     available for the Office of Hearings and Appeals; not to 
     exceed $778,000 shall be available for the Office of Small 
     and Disadvantaged Business Utilization; not to exceed 
     $727,000 shall be available for the immediate Office of the 
     Chief Financial Officer; not to exceed $1,474,000 shall be 
     available for the immediate Office of the General Counsel; 
     not to exceed $2,912,000 shall be available to the Office of 
     the Assistant Secretary for Congressional and 
     Intergovernmental Relations; not to exceed $3,110,000 shall 
     be available for the Office of the Assistant Secretary for 
     Public Affairs; not to exceed $1,218,000 shall be available 
     for the Office of the Assistant Secretary for Administration; 
     not to exceed $2,125,000 shall be available to the Office of 
     the Assistant Secretary for Public and Indian Housing; not to 
     exceed $1,781,000 shall be available to the Office of the 
     Assistant Secretary for Community Planning and Development; 
     not to exceed $3,497,000 shall be available to the Office of 
     the Assistant Secretary for Housing, Federal Housing 
     Commissioner; not to exceed $1,097,000 shall be available to 
     the Office of the Assistant Secretary for Policy Development 
     and Research; and not to exceed $928,000 shall be available 
     to the Office of the Assistant Secretary for Fair Housing and 
     Equal Opportunity: Provided, That the Secretary of the 
     Department of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office funded under this 
     heading to any other office funded under this heading 
     following written notification to the House and Senate 
     Committees on Appropriations: Provided further, That no 
     appropriation for any office shall be increased or decreased 
     by more than 5 percent by all such transfers: Provided 
     further, That notice of any change in funding greater than 5 
     percent shall be submitted for prior approval to the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary shall provide the Committees on 
     Appropriations quarterly written notification regarding the 
     status of pending congressional reports: Provided further, 
     That the Secretary shall provide all signed reports required 
     by Congress electronically: Provided further, That not to 
     exceed $25,000 of the amount made available under this 
     paragraph for the immediate Office of the Secretary shall be 
     available for official reception and representation expenses 
     as the Secretary may determine.

               administration, operations and management

       For necessary salaries and expenses for administration, 
     operations and management for the Department of Housing and 
     Urban Development, $537,897,000, of which not to exceed 
     $76,958,000 shall be available for the personnel compensation 
     and benefits of the Office of Administration; not to exceed 
     $11,277,000 shall be available for the personnel compensation 
     and benefits of the Office of Departmental Operations and 
     Coordination; not to exceed $51,275,000 shall be available 
     for the personnel compensation and benefits of the Office of 
     Field Policy and Management; not to exceed $14,649,000 shall 
     be available for the personnel compensation and benefits of 
     the Office of the Chief Procurement Officer; not to exceed 
     $35,197,000 shall be available for the personnel compensation 
     and benefits of the remaining staff in the Office of the 
     Chief Financial Officer; not to exceed $89,062,000 shall be 
     available for the personnel compensation and benefits of the 
     remaining staff in the Office of the General Counsel; not to 
     exceed $3,296,000 shall be available for the personnel 
     compensation and benefits of the Office of Departmental Equal 
     Employment Opportunity; not to exceed $1,393,000 shall be 
     available for the personnel compensation and benefits for the 
     Center for Faith-Based and Community Initiatives; not to 
     exceed $2,400,000 shall be available for the personnel 
     compensation and benefits for the Office of Sustainability; 
     not to exceed $2,520,000 shall be available for the 
     personnnel compensation and benefits for the Office of 
     Strategic Planning and Management; and not to exceed 
     $249,870,000 shall be available for non-personnel expenses of 
     the Department of Housing and Urban Development: Provided, 
     That, funds provided under this heading may be used for 
     necessary administrative and non-administrative expenses of 
     the Department of Housing and Urban Development, not 
     otherwise provided for, including 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: Provided further, That notwithstanding any other 
     provision of law, funds appropriated under this heading may 
     be used for advertising and promotional activities that 
     support the housing mission area: Provided further, That the 
     Secretary of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office included in 
     Administration, Operations and Management to any other office 
     included in Administration, Operations and Management only 
     after such transfer has been submitted to, and received prior 
     written approval by, the House and Senate Committees on 
     Appropriations: Provided further, That no appropriation for 
     any office shall be increased or decreased by more than 10 
     percent by all such transfers.

                  Personnel Compensation and Benefits

                       public and indian housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Public and Indian Housing, $197,074,000.

                   community planning and development

       For necessary personnel compensation and benefits expenses 
     of the Office of Community Planning and Development mission 
     area, $98,989,000.

                                housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Housing, $374,887,000.

         office of the government national mortgage association

       For necessary personnel compensation and benefits expenses 
     of the Office of the Government National Mortgage 
     Association, $11,095,000, to be derived from the GNMA 
     guarantees of mortgage backed securities guaranteed loan 
     receipt account.

                    policy development and research

       For necessary personnel compensation and benefits expenses 
     of the Office of Policy Development and Research, 
     $21,138,000.

                   fair housing and equal opportunity

       For necessary personnel compensation and benefits expenses 
     of the Office of Fair Housing and Equal Opportunity, 
     $71,800,000.

            office of healthy homes and lead hazard control

       For necessary personnel compensation and benefits expenses 
     of the Office of Healthy Homes and Lead Hazard Control, 
     $7,151,000.

[[Page H8629]]

                       Public and Indian Housing

                     tenant-based rental assistance

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $14,242,200,000, to remain available until expended, shall be 
     available on October 1, 2009 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that will become available on October 1, 2009), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $16,387,200,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose vouchers initially funded in fiscal year 2008 and 
     2009 (such as Family Unification, Veterans Affairs Supportive 
     Housing Vouchers and Non-elderly Disabled Vouchers): 
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph and any carryover, 
     the Secretary for the calendar year 2010 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on voucher management system (VMS) leasing and cost data for 
     the most recent Federal fiscal year and by applying the most 
     recent Annual Adjustment Factor as established by the 
     Secretary, and by making any necessary adjustments for the 
     costs associated with deposits to family self-sufficiency 
     program escrow accounts or first-time renewals including 
     tenant protection or HOPE VI vouchers: Provided further, That 
     none of the funds provided under this paragraph may be used 
     to fund a total number of unit months under lease which 
     exceeds a public housing agency's authorized level of units 
     under contract: Provided further, That the Secretary shall, 
     to the extent necessary to stay within the amount specified 
     under this paragraph (except as otherwise modified under this 
     Act), pro rate each public housing agency's allocation 
     otherwise established pursuant to this paragraph: Provided 
     further, That except as provided in the last two provisos, 
     the entire amount specified under this paragraph (except as 
     otherwise modified under this Act) shall be obligated to the 
     public housing agencies based on the allocation and pro rata 
     method described above, and the Secretary shall notify public 
     housing agencies of their annual budget not later than 60 
     days after enactment of this Act: Provided further, That the 
     Secretary may extend the 60-day notification period with the 
     written approval of the House and Senate Committees on 
     Appropriations: Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work agreements 
     and shall be subject to the same pro rata adjustments under 
     the previous provisos: Provided further, That up to 
     $150,000,000 shall be available only: (1) to adjust the 
     allocations for public housing agencies, after application 
     for an adjustment by a public housing agency that experienced 
     a significant increase, as determined by the Secretary, in 
     renewal costs of tenant-based rental assistance resulting 
     from unforeseen circumstances or from portability under 
     section 8(r) of the Act; (2) for adjustments for public 
     housing agencies with voucher leasing rates at the end of the 
     calendar year that exceed the average leasing for the 12-
     month period used to establish the allocation; (3) for 
     adjustments for the costs associated with VASH vouchers; 
     or (4) for vouchers that were not in use during the 12-
     month period in order to be available to meet a commitment 
     pursuant to section 8(o)(13) of the Act.
       (2) $120,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended, or under the authority as provided under 
     this Act: Provided, That the Secretary may provide 
     replacement vouchers for all units that were occupied within 
     the previous 24 months that cease to be available as assisted 
     housing, subject to the availability of funds.
       (3) $1,600,000,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $50,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers: Provided, That no less than 
     $1,550,000,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2010 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276): 
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, for fiscal year 2009 and prior fiscal years, 
     notwithstanding the purposes for which such amounts were 
     appropriated: Provided further, That amounts provided under 
     this paragraph shall be only for activities related to the 
     provision of tenant-based rental assistance authorized under 
     section 8, including related development activities.
       (4) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over.
       (5) $60,000,000 shall be for family self-sufficiency 
     coordinators under section 23 of the Act.

                        housing certificate fund

       Unobligated balances, including recaptures and carryover, 
     remaining from funds appropriated to the Department of 
     Housing and Urban Development under this heading, the heading 
     ``Annual Contributions for Assisted Housing'' and the heading 
     ``Project-Based Rental Assistance'', for fiscal year 2010 and 
     prior years may be used for renewal of or amendments to 
     section 8 project-based contracts and for performance-based 
     contract administrators, notwithstanding the purposes for 
     which such funds were appropriated: Provided, That any 
     obligated balances of contract authority from fiscal year 
     1974 and prior that have been terminated shall be cancelled.

                      public housing capital fund

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $2,500,000,000, to remain available until September 30, 2013: 
     Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2010 the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian Housing any authority under 
     paragraph (2) of section 9(j) regarding the extension of the 
     time periods under such section: Provided further, That for 
     purposes of such section 9(j), the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays, immediately or 
     in the future: Provided further, That up to $15,345,000 shall 
     be to support the ongoing Public Housing Financial and 
     Physical Assessment activities of the Real Estate Assessment 
     Center (REAC): Provided further, That of the total amount 
     provided under this heading, not to exceed $20,000,000 shall 
     be available for the Secretary to make grants, 
     notwithstanding section 204 of this Act, to public housing 
     agencies for emergency capital needs including safety and 
     security measures necessary to address crime and drug-related 
     activity as well as needs resulting from unforeseen or 
     unpreventable emergencies and natural disasters, excluding 
     Presidentially declared emergencies and natural disasters 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Act (42 U.S.C. 5121 et seq.), occurring

[[Page H8630]]

     in fiscal year 2010: Provided further, That of the total 
     amount provided under this heading, $50,000,000 shall be for 
     supportive services, service coordinators and congregate 
     services as authorized by section 34 of the Act (42 U.S.C. 
     1437z-6) and the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided 
     further, That of the total amount provided under this 
     heading, up to $8,820,000 is to support the costs of 
     administrative and judicial receiverships: Provided further, 
     That from the funds made available under this heading, the 
     Secretary shall provide bonus awards in fiscal year 2010 to 
     public housing agencies that are designated high performers.

                     public housing operating fund

       For 2010 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,800,000,000.

     revitalization of severely distressed public housing (hope vi)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437v), 
     $250,000,000, to remain available until September 30, 2011, 
     of which the Secretary of Housing and Urban Development shall 
     use $10,000,000 for technical assistance and contract 
     expertise, to be provided directly or indirectly by grants, 
     contracts or cooperative agreements, including training and 
     cost of necessary travel for participants in such training, 
     by or to officials and employees of the department and of 
     public housing agencies and to residents: Provided, That none 
     of such funds shall be used directly or indirectly by 
     granting competitive advantage in awards to settle litigation 
     or pay judgments, unless expressly permitted herein.

                  native american housing block grants

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $750,000,000, to remain available until 
     expended: Provided, That, notwithstanding the Native American 
     Housing Assistance and Self-Determination Act of 1996, to 
     determine the amount of the allocation under title I of such 
     Act for each Indian tribe, the Secretary shall apply the 
     formula under section 302 of such Act with the need component 
     based on single-race Census data and with the need component 
     based on multi-race Census data, and the amount of the 
     allocation for each Indian tribe shall be the greater of the 
     two resulting allocation amounts: Provided further, That of 
     the amounts made available under this heading, $3,500,000 
     shall be contracted for assistance for a national 
     organization representing Native American housing interests 
     for providing training and technical assistance to Indian 
     housing authorities and tribally designated housing entities 
     as authorized under NAHASDA; and $4,250,000 shall be to 
     support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $300,000 for 
     related travel: Provided further, That of the amount provided 
     under this heading, $2,000,000 shall be made available for 
     the cost of guaranteed notes and other obligations, as 
     authorized by title VI of NAHASDA: Provided further, That 
     such costs, including the costs of modifying such notes and 
     other obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $18,000,000.

                  native hawaiian housing block grant

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
     et seq.), $12,000,000, to remain available until expended: 
     Provided, That of this amount, $300,000 shall be for training 
     and technical assistance activities, including up to $100,000 
     for related travel by Hawaii-based HUD employees.

           indian housing loan guarantee fund program account

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $7,000,000, to remain available until 
     expended: Provided, That such costs, including the costs 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 total loan principal, 
     any part of which is to be guaranteed, up to $919,000,000: 
     Provided further, That up to $750,000 shall be for 
     administrative contract expenses including management 
     processes and systems to carry out the loan guarantee 
     program.

      native hawaiian housing loan guarantee fund program account

       For the cost of guaranteed loans, as authorized by section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13b), $1,044,000, to remain available until 
     expended: Provided, That such costs, including the costs 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 total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $41,504,255.

                   Community Planning and Development

              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $350,000,000, to remain 
     available until September 30, 2011, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2012: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section.

                       community development fund

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,600,607,000, to remain 
     available until September 30, 2012, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $4,166,607,000 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and amounts 
     made available under the third paragraph), not to exceed 20 
     percent of any grant made with funds appropriated under this 
     heading shall be expended for planning and management 
     development and administration: Provided further, That 
     $65,000,000 shall be for grants to Indian tribes 
     notwithstanding section 106(a)(1) of such Act, of which, 
     notwithstanding any other provision of law (including section 
     204 of this Act), up to $3,960,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety.
       Of the amount made available under this heading, 
     $151,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2008, 
     2009 and 2010, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $18,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced statement of the managers under this heading 
     ``Community Planning and Development'' in title II of 
     division K of Public Law 110-161 is deemed to be amended by 
     striking ``Custer County, ID for acquisition of an unused 
     middle school building'' and inserting ``Custer County, ID, 
     to construct a community center''.
       The referenced statement of the managers under this heading 
     ``Community Planning and Development'' in title II of 
     division I of Public Law 111-8 is deemed to be amended by 
     striking ``Custer County, ID, to purchase a middle school 
     building'' and inserting ``Custer County, ID, to construct a 
     community center''.
       Of the amounts made available under this heading, 
     $150,000,000 shall be made available for a Sustainable 
     Communities Initiative to stimulate improved regional 
     planning efforts that integrate housing and transportation 
     decisions, and to challenge communities to reform zoning and 
     land use ordinances: Provided, That $100,000,000 shall be for 
     Regional Planning Grants to support the linking of 
     transportation and land use planning: Provided further, That 
     $40,000,000 shall be for Metropolitan Challenge Grants to 
     foster reform and reduce barriers to achieve affordable, 
     economically vital, and sustainable communities: Provided 
     further, That up to $10,000,000 shall be for a joint 
     Department of Housing and Urban Development and Department of 
     Transportation research effort that shall include a rigorous 
     evaluation of the Regional Planning Grants and Metropolitan 
     Challenge Grants programs: Provided further, That of the 
     amounts made available under this heading, $25,000,000 shall 
     be made available for the Rural Innovation Fund to address 
     the problems of concentrated rural housing distress and 
     community poverty: Provided further, That of the amounts made 
     available under this heading, $25,000,000 shall be made 
     available for the University Community Fund for grants to 
     assist universities in revitalizing their surrounding 
     communities, with special attention to Historically

[[Page H8631]]

     Black Colleges and Universities, Tribal Colleges and 
     Universities, Alaska Native/Native Hawaiian Institutions, and 
     Hispanic-Serving Institutions: Provided further, That the 
     Secretary shall develop and publish guidelines for the use of 
     such competitive funds including, but not limited to, 
     eligibility criteria, minimum grant amounts, and performance 
     metrics.

         community development loan guarantees program account

       For the cost of guaranteed loans, $6,000,000, to remain 
     available until September 30, 2011, as authorized by section 
     108 of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5308): 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 these funds are available to subsidize total loan 
     principal, any part of which is to be guaranteed, not to 
     exceed $275,000,000, notwithstanding any aggregate limitation 
     on outstanding obligations guaranteed in section 108(k) of 
     the Housing and Community Development Act of 1974, as 
     amended.

                       brownfields redevelopment

       For competitive economic development grants, as authorized 
     by section 108(q) of the Housing and Community Development 
     Act of 1974, as amended, for Brownfields redevelopment 
     projects, $25,000,000, to remain available until September 
     30, 2011: Provided, That no funds made available under this 
     heading may be used to establish loan loss reserves for the 
     section 108 Community Development Loan Guarantee program.

                  home investment partnerships program

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended (42 U.S.C. 12721 et seq.), 
     $2,000,000,000, to remain available until September 30, 2012: 
     Provided, That funds provided in prior appropriations Acts 
     for technical assistance, that were made available for 
     Community Housing Development Organizations technical 
     assistance, and that still remain available, may be used for 
     HOME technical assistance notwithstanding the purposes for 
     which such amounts were appropriated.

        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended (42 
     U.S.C. 12805 note), $85,000,000, to remain available until 
     September 30, 2012: Provided, That of the total amount 
     provided under this heading, $27,000,000 shall be made 
     available to the Self-Help and Assisted Homeownership 
     Opportunity Program as authorized under section 11 of the 
     Housing Opportunity Program Extension Act of 1996, as 
     amended: Provided further, That $53,000,000 shall be made 
     available for the second, third and fourth capacity building 
     activities authorized under section 4(a) of the HUD 
     Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
     less than $10,000,000 may be made available for rural 
     capacity building activities: Provided further, That 
     $5,000,000 shall be made available for capacity building 
     activities as authorized in sections 6301 through 6305 of 
     Public Law 110-246.

                       homeless assistance grants

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,850,000,000, of which 
     $1,845,000,000 shall remain available until September 30, 
     2012, and of which $5,000,000 shall remain available until 
     expended for rehabilitation projects with 10-year grant 
     terms: Provided, That not less than 30 percent of funds made 
     available, excluding amounts provided for renewals under the 
     shelter plus care program shall be used for permanent housing 
     for individuals and families: Provided further, That all 
     funds awarded for services shall be matched by not less than 
     25 percent in funding by each grantee: Provided further, That 
     for all match requirements applicable to funds made available 
     under this heading for this fiscal year and prior years, a 
     grantee may use (or could have used) as a source of match 
     funds other funds administered by the Secretary and other 
     Federal agencies unless there is (or was) a specific 
     statutory prohibition on any such use of any such funds: 
     Provided further, That the Secretary shall renew on an annual 
     basis expiring contracts or amendments to contracts funded 
     under the shelter plus care program if the program is 
     determined to be needed under the applicable continuum of 
     care and meets appropriate program requirements and financial 
     standards, as determined by the Secretary: Provided further, 
     That all awards of assistance under this heading shall be 
     required to coordinate and integrate homeless programs with 
     other mainstream health, social services, and employment 
     programs for which homeless populations may be eligible, 
     including Medicaid, State Children's Health Insurance 
     Program, Temporary Assistance for Needy Families, Food 
     Stamps, and services funding through the Mental Health and 
     Substance Abuse Block Grant, Workforce Investment Act, and 
     the Welfare-to-Work grant program: Provided further, That up 
     to $8,000,000 of the funds appropriated under this heading 
     shall be available for the national homeless data analysis 
     project and technical assistance: Provided further, That all 
     balances for Shelter Plus Care renewals previously funded 
     from the Shelter Plus Care Renewal account and transferred to 
     this account shall be available, if recaptured, for Shelter 
     Plus Care renewals in fiscal year 2010.

                            Housing Programs

                    project-based rental assistance

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $8,306,328,000, to remain available until 
     expended, shall be available on October 1, 2009, and 
     $393,672,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) Up to $8,474,328,000 shall be available for expiring or 
     terminating section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     amendments to section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     contracts entered into pursuant to section 441 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for 
     renewal of section 8 contracts for units in projects that are 
     subject to approved plans of action under the Emergency Low 
     Income Housing Preservation Act of 1987 or the Low-Income 
     Housing Preservation and Resident Homeownership Act of 1990, 
     and for administrative and other expenses associated with 
     project-based activities and assistance funded under this 
     paragraph.
       (2) Not less than $232,000,000 but not to exceed 
     $258,000,000 shall be available for performance-based 
     contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary of Housing and Urban 
     Development may also use such amounts for performance-based 
     contract administrators for the administration of: interest 
     reduction payments pursuant to section 236(a) of the National 
     Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
     pursuant to section 101 of the Housing and Urban Development 
     Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
     assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
     assistance contracts for the elderly under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); project 
     rental assistance contracts for supportive housing for 
     persons with disabilities under section 811(d)(2) of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013(d)(2)); project assistance contracts pursuant to section 
     202(h) of the Housing Act of 1959 (Public Law 86-372; 73 
     Stat. 667); and loans under section 202 of the Housing Act of 
     1959 (Public Law 86-372; 73 Stat. 667).
        (3) Amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'' may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated.

                        housing for the elderly

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701(q)), as amended, and for project rental assistance for 
     the elderly under section 202(c)(2) of such Act, including 
     amendments to contracts for such assistance and renewal of 
     expiring contracts for such assistance for up to a 1-year 
     term, and for supportive services associated with the 
     housing, $1,000,000,000, to remain available until September 
     30, 2013, of which up to $872,000,000 shall be for capital 
     advance and project-based rental assistance awards: Provided, 
     That, of the amount provided under this heading, up to 
     $90,000,000 shall be for service coordinators and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects, and of which up to 
     $25,000,000 shall be for grants under section 202b of the 
     Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of 
     eligible projects under such section to assisted living or 
     related use and for substantial and emergency capital repairs 
     as determined by the Secretary: Provided further, That of the 
     amount made available under this heading, $20,000,000 shall 
     be available to the Secretary of Housing and Urban 
     Development only for making competitive grants to private 
     nonprofit organizations and consumer cooperatives for 
     covering costs of architectural and engineering work, site 
     control, and other planning relating to the development of 
     supportive housing for the elderly that is eligible for 
     assistance under section 202 of the Housing Act of 1959 (12 
     U.S.C. 1701q): Provided further, That amounts under this 
     heading shall be available for Real Estate Assessment Center 
     inspections and inspection-related activities associated with 
     section 202 capital advance projects: Provided further, That 
     up to $2,000,000 of the total amount made available under 
     this heading shall be for technical assistance to improve 
     grant applications and to facilitate the development of 
     housing for

[[Page H8632]]

     the elderly under section 202 of the Housing Act of 1959, and 
     supportive housing for persons with disabilities under 
     section 811 of the Cranston-Gonzalez National Affordable 
     Housing Act: Provided further, That the Secretary may waive 
     the provisions of section 202 governing the terms and 
     conditions of project rental assistance, except that the 
     initial contract term for such assistance shall not exceed 5 
     years in duration.

                 housing for persons with disabilities

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013), for project rental assistance for supportive housing 
     for persons with disabilities under section 811(d)(2) of such 
     Act, including amendments to contracts for such assistance 
     and renewal of expiring contracts for such assistance for up 
     to a 1-year term, and for supportive services associated with 
     the housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $350,000,000, of which up to $214,000,000 shall be 
     for capital advances and project-based rental assistance 
     contracts, to remain available until September 30, 2013: 
     Provided further, That, of the amount provided under this 
     heading, $87,100,000 shall be for amendments or renewal of 
     tenant-based assistance contracts entered into prior to 
     fiscal year 2005 (only one amendment authorized for any such 
     contract): Provided further, That all tenant-based assistance 
     made available under this heading shall continue to remain 
     available only to persons with disabilities: Provided 
     further, That the Secretary may waive the provisions of 
     section 811 governing the terms and conditions of project 
     rental assistance and tenant-based assistance, except that 
     the initial contract term for such assistance shall not 
     exceed 5 years in duration: Provided further, That amounts 
     made available under this heading shall be available for Real 
     Estate Assessment Center inspections and inspection-related 
     activities associated with section 811 Capital Advance 
     Projects.

                     housing counseling assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended (12 U.S.C. 
     1701(x)), $70,000,000, including up to $2,500,000 for 
     administrative contract services, to remain available until 
     September 30, 2011: Provided, That funds shall be used for 
     providing counseling and advice to tenants and homeowners, 
     both current and prospective, with respect to property 
     maintenance, financial management/literacy, and such other 
     matters as may be appropriate to assist them in improving 
     their housing conditions, meeting their financial needs, and 
     fulfilling the responsibilities of tenancy or homeownership; 
     for program administration; and for housing counselor 
     training.

                         energy innovation fund

       For an Energy Innovation Fund to enable the Federal Housing 
     Administration and the new Office of Sustainability to 
     catalyze innovations in the residential energy efficiency 
     sector that have promise of replicability and help create a 
     standardized home energy efficient retrofit market, 
     $50,000,000, to remain available until September 30, 2013: 
     Provided, That $25,000,000 shall be for the Energy Efficient 
     Mortgage Innovation pilot program, directed at the single 
     family housing market: Provided further, That $25,000,000 
     shall be for the Multifamily Energy Pilot, directed at the 
     multifamily housing market.

                    Other Assisted Housing Programs

                       rental housing assistance

       For amendments to contracts under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
     and section 236(f)(2) of the National Housing Act (12 U.S.C. 
     1715z-1) in State-aided, non-insured rental housing projects, 
     $40,000,000, to remain available until expended.

                            rent supplement

                              (rescission)

       Of the amounts recaptured from terminated contracts under 
     section 101 of the Housing and Urban Development Act of 1965 
     (12 U.S.C. 1701s) and section 236 of the National Housing Act 
     (12 U.S.C. 1715z-1) $27,600,000 are rescinded.

            payment to manufactured housing fees trust fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain 
     available until expended, of which $7,000,000 is to be 
     derived from the Manufactured Housing Fees Trust Fund: 
     Provided, That not to exceed the total amount appropriated 
     under this heading shall be available from the general fund 
     of the Treasury to the extent necessary to incur obligations 
     and make expenditures pending the receipt of collections to 
     the Fund pursuant to section 620 of such Act: Provided 
     further, That the amount made available under this heading 
     from the general fund shall be reduced as such 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 $9,000,000 and fees pursuant to 
     such section 620 shall be modified as necessary to ensure 
     such a final fiscal year 2010 appropriation: Provided 
     further, That for the dispute resolution and installation 
     programs, the Secretary of Housing and Urban Development may 
     assess and collect fees from any program participant: 
     Provided further, That such collections shall be deposited 
     into the Fund, and the Secretary, as provided herein, may use 
     such collections, as well as fees collected under section 
     620, for necessary expenses of such Act: Provided further, 
     That notwithstanding the requirements of section 620 of such 
     Act, the Secretary may carry out responsibilities of the 
     Secretary under such Act through the use of approved service 
     providers that are paid directly by the recipients of their 
     services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2010, commitments to guarantee single 
     family loans insured under the Mutual Mortgage Insurance Fund 
     shall not exceed a loan principal of $400,000,000,000: 
     Provided, That for new loans guaranteed pursuant to section 
     255 of the National Housing Act (12 U.S.C. 1715z-20), the 
     Secretary shall adjust the factors used to calculate the 
     principal limit (as such term is defined in HUD Handbook 
     4235.1) that were assumed in the President's Budget Request 
     for 2010 for such loans, as necessary to ensure that the 
     program operates at a net zero subsidy rate, except that no 
     principal limit factor may be reduced below 60: Provided 
     further, That during fiscal year 2010, obligations to make 
     direct loans to carry out the purposes of section 204(g) of 
     the National Housing Act, as amended, shall not exceed 
     $50,000,000: Provided further, That the foregoing amount 
     shall be for loans to nonprofit and governmental entities in 
     connection with sales of single family real properties owned 
     by the Secretary and formerly insured under the Mutual 
     Mortgage Insurance Fund. For administrative contract expenses 
     of the Federal Housing Administration, $188,900,000, of which 
     up to $70,794,000 may be transferred to the Working Capital 
     Fund, and of which up to $7,500,000 shall be for education 
     and outreach of FHA single family loan products: Provided 
     further, That to the extent guaranteed loan commitments 
     exceed $200,000,000,000 on or before April 1, 2010, an 
     additional $1,400 for administrative contract expenses shall 
     be available for each $1,000,000 in additional guaranteed 
     loan commitments (including a pro rata amount for any amount 
     below $1,000,000), but in no case shall funds made available 
     by this proviso exceed $30,000,000.

                general and special risk program account

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications, as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $8,600,000, to 
     remain available until expended: Provided, That commitments 
     to guarantee loans shall not exceed $15,000,000,000 in total 
     loan principal, any part of which is to be guaranteed.
       Gross obligations for the principal amount of direct loans, 
     as authorized by sections 204(g), 207(l), 238, and 519(a) of 
     the National Housing Act, shall not exceed $20,000,000, which 
     shall be for loans to nonprofit and governmental entities in 
     connection with the sale of single-family real properties 
     owned by the Secretary and formerly insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $500,000,000,000, to remain available until September 30, 
     2011.

                    Policy Development and Research

                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970 (12 U.S.C. 
     1701z-1 et seq.), including carrying out the functions of the 
     Secretary of Housing and Urban Development under section 
     1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $50,000,000, 
     to remain available until September 30, 2011.

                   Fair Housing and Equal Opportunity

                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $72,000,000, to remain 
     available until September 30, 2011, of which $42,500,000 
     shall be to carry out activities pursuant to such section 
     561: Provided, That notwithstanding 31 U.S.C. 3302, the 
     Secretary may assess and collect fees to cover the costs of 
     the Fair Housing Training Academy, and may use such funds to 
     provide such training: Provided further, That no funds made 
     available under this heading shall be used to lobby the 
     executive or legislative branches of the Federal Government 
     in connection with a specific contract, grant or loan.

[[Page H8633]]

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $140,000,000, to remain available 
     until September 30, 2011, of which not less than $20,000,000 
     shall be for the Healthy Homes Initiative, pursuant to 
     sections 501 and 502 of the Housing and Urban Development Act 
     of 1970 that shall include research, studies, testing, and 
     demonstration efforts, including education and outreach 
     concerning lead-based paint poisoning and other housing-
     related diseases and hazards: Provided, That for purposes of 
     environmental review, pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
     provisions of the law that further the purposes of such Act, 
     a grant under the Healthy Homes Initiative, Operation Lead 
     Elimination Action Plan (LEAP), or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994: Provided further, That amounts made available under 
     this heading in this or prior appropriations Acts, and that 
     still remain available, may be used for any purpose under 
     this heading notwithstanding the purpose for which such 
     amounts were appropriated if a program competition is 
     undersubscribed and there are other program competitions 
     under this heading that are oversubscribed.

                     Management and Administration

                          working capital fund

                     (including transfer of funds)

       For additional capital for the Working Capital Fund (42 
     U.S.C. 3535) for the maintenance of infrastructure for 
     Department-wide information technology systems, for the 
     continuing operation and maintenance of both Department-wide 
     and program-specific information systems, and for program-
     related maintenance activities, $200,000,000, to remain 
     available until September 30, 2011: Provided, That any 
     amounts transferred to this Fund under this Act shall remain 
     available until expended: Provided further, That any amounts 
     transferred to this Fund from amounts appropriated by 
     previously enacted appropriations Acts or from within this 
     Act may be used only for the purposes specified under this 
     Fund, in addition to the purposes for which such amounts were 
     appropriated: Provided further, That up to $15,000,000 may be 
     transferred to this account from all other accounts in this 
     title (except for the Office of the Inspector General 
     account) that make funds available for salaries and expenses.

                      office of inspector general

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $120,000,000: Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

                       transformation initiative

       For necessary expenses for combating mortgage fraud, 
     $20,000,000, to remain available until expended.
       In addition, of the amounts made available in this Act 
     under each of the following headings under this title, the 
     Secretary may transfer to, and merge with, this account up to 
     1 percent from each such account, and such transferred 
     amounts shall be available until September 30, 2012, for (1) 
     research, evaluation, and program metrics; (2) program 
     demonstrations; (3) technical assistance and capacity 
     building; and (4) information technology: ``Public Housing 
     Capital Fund,'' ``Energy Innovation Fund,'' ``Native American 
     Housing Block Grants,'' ``Native Hawaiian Housing Block 
     Grants,'' ``Revitalization of Severely Distressed Public 
     Housing,'' ``Brownfields Redevelopment,'' ``Section 108 Loan 
     Guarantees,'' ``Housing Opportunities for Persons With 
     AIDS,'' ``Community Development Fund,'' ``HOME Investment 
     Partnerships Program,'' ``Self-Help and Assisted 
     Homeownership Opportunity Program,'' ``Homeless Assistance 
     Grants,'' ``Housing for the Elderly,'' ``Housing for Persons 
     With Disabilities,'' ``Housing Counseling Assistance,'' 
     ``Payment to Manufactured Housing Fees Trust Fund,'' ``Mutual 
     Mortgage Insurance Program Account,'' ``General and Special 
     Risk Program Account,'' ``Research and Technology,'' ``Lead 
     Hazard Reduction,'' ``Rental Housing Assistance,'' and ``Fair 
     Housing Activities'': Provided, That the Secretary shall fund 
     each of the four general purposes specified above at not less 
     than 10 percent, and not more than 50 percent, of the 
     aggregate transferred amount.

    General Provisions--Department of Housing and Urban Development

       Sec. 201.  Fifty percent of the amounts of budget 
     authority, or in lieu thereof 50 percent of the cash amounts 
     associated with such budget authority, that are recaptured 
     from projects described in section 1012(a) of the Stewart B. 
     McKinney Homeless Assistance Amendments Act of 1988 (42 
     U.S.C. 1437 note) shall be rescinded or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202.  None of the amounts made available under this 
     Act may be used during fiscal year 2010 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2010 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2010 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2010 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2010, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3 year period.
       Sec. 204.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1).
       Sec. 206.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, are hereby authorized to 
     make such expenditures, within the

[[Page H8634]]

     limits of funds and borrowing authority available to each 
     such corporation or agency and in accordance with law, and to 
     make such contracts and commitments without regard to fiscal 
     year limitations as provided by section 104 of such Act as 
     may be necessary in carrying out the programs set forth in 
     the budget for 2010 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208.  None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless the Secretary of Housing 
     and Urban Development provides to the Committees on 
     Appropriations a description of each proposed activity and a 
     detailed budget estimate of the costs associated with each 
     program, project or activity as part of the Budget 
     Justifications. For fiscal year 2010, the Secretary shall 
     transmit this information to the Committees by November 15, 
     2009 for 30 days of review.
       Sec. 209.  The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 210. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2010 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2010 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 211.  The President's formal budget request for fiscal 
     year 2010, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 212.  A public housing agency or such other entity 
     that administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of Public 
     Housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 213. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2008 and 2009, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) The number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section.
       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzalez National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzalez National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.

[[Page H8635]]

       Sec. 214.  The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title II of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 215.  No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 216. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 217.  Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z--20(g)), the Secretary of Housing and Urban 
     Development may, until September 30, 2010, insure and enter 
     into commitments to insure mortgages under section 255 of the 
     National Housing Act (12 U.S.C. 1715z--20).
       Sec. 218.  Notwithstanding any other provision of law, in 
     fiscal year 2010, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such a multifamily 
     property owned or held by the Secretary is not feasible for 
     continued rental assistance payments under such section 8 or 
     other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
     (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance. The Secretary shall also take appropriate steps 
     to ensure that project-based contracts remain in effect prior 
     to foreclosure, subject to the exercise of contractual 
     abatement remedies to assist relocation of tenants for 
     imminent major threats to health and safety. After 
     disposition of any multifamily property described under this 
     section, the contract and allowable rent levels on such 
     properties shall be subject to the requirements under section 
     524 of MAHRAA.
       Sec. 219.  During fiscal year 2010, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 220.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole 
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole source contract.
       Sec. 221.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q--z) after December 26, 2000, in 
     accordance with the unnumbered paragraph at the end of 
     section 202(b) of such Act, may, at its option, establish a 
     single-asset nonprofit entity to own the project and may lend 
     the grant funds to such entity, which may be a private 
     nonprofit organization described in section 831 of the 
     American Homeownership and Economic Opportunity Act of 2000.
       Sec. 222. (a) The amounts provided under the subheading 
     ``Program Account'' under the heading ``Community Development 
     Loan Guarantees'' may be used to guarantee, or make 
     commitments to guarantee, notes, or other obligations issued 
     by any State on behalf of non-entitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974: Provided, 
     That, any State receiving such a guarantee or commitment 
     shall distribute all funds subject to such guarantee to the 
     units of general local government in non-entitlement areas 
     that received the commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 223.  Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``fiscal year'' and 
     all that follows through the period at the end and inserting 
     ``fiscal year 2010.''; and
       (2) in subsection (o), by striking ``September'' and all 
     that follows through the period at the end and inserting 
     ``September 30, 2010.''.
       Sec. 224.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in connection with the 
     operating fund rule: Provided, That an agency seeking a 
     discontinuance of a reduction of subsidy under the operating 
     fund formula shall not be exempt from asset management 
     requirements.
       Sec. 225.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)): Provided, however, that a 
     public housing agency may not use capital funds authorized 
     under section 9(d) for activities that are eligible under 
     section 9(e) for assistance with amounts from the operating 
     fund in excess of the amounts permitted under section 9(g)(1) 
     or 9(g)(2).
       Sec. 226.  No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that, not later than 
     90 days after the date of enactment of this Act, there is a 
     trained allotment holder for each HUD subaccount under the 
     headings ``Executive Direction'' and ``Administration, 
     Operations, and Management'' as well as each account 
     receiving appropriations for ``personnel compensation and 
     benefits'' within the Department of Housing and Urban 
     Development.
       Sec. 227.  Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 228.  The Secretary of the Department of Housing and 
     Urban Development shall for Fiscal Year 2010 and subsequent 
     fiscal years, notify the public through the Federal Register 
     and other means, as determined appropriate, of the issuance 
     of a notice of the availability of assistance or notice of 
     funding availability (NOFA) for any program or discretionary 
     fund administered by the Secretary that is to be 
     competitively awarded. Notwithstanding any other provision of 
     law, for Fiscal Year 2010 and subsequent fiscal years, the 
     Secretary may make the NOFA available only on the Internet at 
     the appropriate government website or websites or through 
     other electronic media, as determined by the Secretary.
       Sec. 229.  Prepayment and Refinancing.
        (a) Approval of Prepayment of Debt.--Upon request of the 
     project sponsor of a project assisted with a loan under 
     section 202 of the Housing Act of 1959 (as in effect before 
     the enactment of the Cranston-Gonzalez National Affordable 
     Housing Act), for which the Secretary's consent to prepayment 
     is required, the Secretary shall approve the prepayment of 
     any indebtedness to the Secretary relating to any remaining 
     principal and interest under the loan as part of a prepayment 
     plan under which--
       (1) the project sponsor agrees to operate the project until 
     the maturity date of the original loan under terms at least 
     as advantageous to existing and future tenants as the terms 
     required by the original loan agreement or any project-based 
     rental assistance payments contract under section 8 of the 
     United States Housing Act of 1937 (or any other project-based 
     rental housing assistance programs of the Department of 
     Housing and Urban Development, including the rent supplement 
     program under section 101 of the

[[Page H8636]]

     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) 
     or any successor project-based rental assistance program, 
     except as provided by subsection (a)(2)(B); and
       (2) the prepayment may involve refinancing of the loan if 
     such refinancing results--
       (A) in a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       (B) in the case of a project that is assisted with a loan 
     under such section 202 carrying an interest rate of 6 percent 
     or lower, a transaction under which--
       (i) the project owner shall address the physical needs of 
     the project;
       (ii) the prepayment plan for the transaction, including the 
     refinancing, shall meet a cost benefit analysis, as 
     established by the Secretary, that the benefit of the 
     transaction outweighs the cost of the transaction including 
     any increases in rent charged to unassisted tenants;
       (iii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       (I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       (II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners ( as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12 U.S.C. 1701q(k));

       (iv) the project owner may charge tenants rent sufficient 
     to meet debt service payments and operating cost 
     requirements, as approved by the Secretary, if project-based 
     rental assistance is not available or is insufficient for the 
     debt service and operating cost of the project after 
     refinancing. Such approval by the Secretary--

       (I) shall be the basis for the owner to agree to terminate 
     the project-based rental assistance contract that is 
     insufficient for the debt service and operating cost of the 
     project after refinancing; and
       (II) shall be an eligibility event for the project for 
     purposes of section 8(t) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(t));

       (v) units to be occupied by tenants assisted under section 
     8(t) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)) shall, upon termination of the occupancy of such 
     tenants, become eligible for project-based assistance under 
     section 8(o)(13) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)) without regard to the percentage 
     limitations provided in such section; and
       (vi) there shall be a use agreement of 20 years from the 
     date of the maturity date of the original 202 loan for all 
     units, including units to be occupied by tenants assisted 
     under section 8(t) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)).
       Sec. 230.  No property identified by the Secretary of 
     Housing and Urban Development as surplus Federal property for 
     use to assist the homeless shall be made available to any 
     homeless group unless the group is a member in good standing 
     under any of HUD's homeless assistance programs or is in good 
     standing with any other program which receives funds from any 
     other Federal or State agency or entity: Provided, That an 
     exception may be made for an entity not involved with Federal 
     homeless programs to use surplus Federal property for the 
     homeless only after the Secretary or another responsible 
     Federal agency has fully and comprehensively reviewed all 
     relevant finances of the entity, the track record of the 
     entity in assisting the homeless, the ability of the entity 
     to manage the property, including all costs, the ability of 
     the entity to administer homeless programs in a manner that 
     is effective to meet the needs of the homeless population 
     that is expected to use the property and any other related 
     issues that demonstrate a commitment to assist the homeless: 
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated 
     fundraising ability or commitments for in-kind donations of 
     goods and services: Provided further, That the Secretary 
     shall make all such information and its decision regarding 
     the award of the surplus property available to the committees 
     of jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless: Provided further, That, this section shall apply to 
     properties in fiscal year 2009 and 2010 made available as 
     surplus Federal property for use to assist the homeless.
       Sec. 231.  The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     of funds appropriated for any account under this title under 
     the heading ``Personnel Compensation and Benefits'' to any 
     other account under this title under the heading ``Personnel 
     Compensation and Benefits'' only after such transfer has been 
     submitted to, and received prior written approval by, the 
     House and Senate Committees on Appropriations: Provided, 
     That, no appropriation for any such account shall be 
     increased or decreased by more than 10 percent by all such 
     transfers.
       Sec. 232.  The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
       Sec. 233.  FHA Loan Limits for fiscal year 2010. (a) LOAN 
     LIMIT FLOOR BASED ON 2008 LEVELS- For mortgages for which the 
     mortgagee issues credit approval for the borrower during 
     fiscal year 2010, if the dollar amount limitation on the 
     principal obligation of a mortgage determined under section 
     203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) 
     for any size residence for any area is less than such dollar 
     amount limitation that was in effect for such size residence 
     for such area for 2008 pursuant to section 202 of the 
     Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 
     620), notwithstanding any other provision of law, the maximum 
     dollar amount limitation on the principal obligation of a 
     mortgage for such size residence for such area for purposes 
     of such section 203(b)(2) shall be considered (except for 
     purposes of section 255(g) of such Act (12 U.S.C. 1715z-
     20(g))) to be such dollar amount limitation in effect for 
     such size residence for such area for 2008. (b) Discretionary 
     Authority for Sub-Areas- Notwithstanding any other provision 
     of law, if the Secretary of Housing and Urban Development 
     determines, for any geographic area that is smaller than an 
     area for which dollar amount limitations on the principal 
     obligation of a mortgage are determined under section 
     203(b)(2) of the National Housing Act, that a higher such 
     maximum dollar amount limitation is warranted for any 
     particular size or sizes of residences in such sub-area by 
     higher median home prices in such sub-area, the Secretary 
     may, for mortgages for which the mortgagee issues credit 
     approval for the borrower during fiscal year 2010, increase 
     the maximum dollar amount limitation for such size or sizes 
     of residences for such sub-area that is otherwise in effect 
     (including pursuant to subsection (a) of this section), but 
     in no case to an amount that exceeds the amount specified in 
     section 202(a)(2) of the Economic Stimulus Act of 2008.
       Sec. 234.  GSE Conforming Loan Limits for fiscal year 2010. 
     (a) Loan Limit Floor Based on 2008 Levels- For mortgages 
     originated during fiscal year 2010, if the limitation on the 
     maximum original principal obligation of a mortgage that may 
     be purchased by the Federal National Mortgage Association or 
     the Federal Home Loan Mortgage Corporation determined under 
     section 302(b)(2) of the Federal National Mortgage 
     Association Charter Act (12 U.S.C. 1717(b)(2)) or section 
     305(a)(2) of the Federal Home Loan Mortgage Corporation Act 
     (12 U.S.C. 1754(a)(2)), respectively, for any size residence 
     for any area is less than such maximum original principal 
     obligation limitation that was in effect for such size 
     residence for such area for 2008 pursuant to section 201 of 
     the Economic Stimulus Act of 2008 (Public Law 110-185; 122 
     Stat. 619), notwithstanding any other provision of law, the 
     limitation on the maximum original principal obligation of a 
     mortgage for such Association and Corporation for such size 
     residence for such area shall be such maximum limitation in 
     effect for such size residence for such area for 2008. (b) 
     Discretionary Authority for Sub-Areas- Notwithstanding any 
     other provision of law, if the Director of the Federal 
     Housing Finance Agency determines, for any geographic area 
     that is smaller than an area for which limitations on the 
     maximum original principal obligation of a mortgage are 
     determined for the Federal National Mortgage Association or 
     the Federal Home Loan Mortgage Corporation, that a higher 
     such maximum original principal obligation limitation is 
     warranted for any particular size or sizes of residences in 
     such sub-area by higher median home prices in such sub-area, 
     the Director may, for mortgages originated during fiscal year 
     2010, increase the maximum original principal obligation 
     limitation for such size or sizes of residences for such sub-
     area that is otherwise in effect (including pursuant to 
     subsection (a) of this section) for such Association and 
     Corporation, but in no case to an amount that exceeds the 
     amount specified in the matter following the comma in section 
     201(a)(1)(B) of the Economic Stimulus Act of 2008.
       Sec. 235.  FHA Reverse Mortgage Loan Limits for fiscal year 
     2010. For mortgages for which the mortgagee issues credit 
     approval for the borrower during fiscal year 2010, the second 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) shall be considered to require that in no 
     case may the benefits of insurance under such section 255 
     exceed 150 percent of the maximum dollar amount in effect 
     under the sixth sentence of section 305(a)(2) of the Federal 
     Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
        This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2010''.

                               TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $7,200,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

[[Page H8637]]

                      Federal Maritime Commission

                         salaries and expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefore, as authorized by 5 U.S.C. 5901-5902, 
     $23,712,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                  National Transportation Safety Board

                         salaries and expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $99,200,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses. The amounts 
     made available to the National Transportation Safety Board in 
     this Act include amounts necessary to make lease payments on 
     an obligation incurred in fiscal year 2001 for a capital 
     lease. Of the funds provided, up to $100,000 shall be 
     provided through reimbursement to the Department of 
     Transportation's Office of Inspector General to audit the 
     National Transportation Safety Board's financial statements.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $133,000,000: Provided, That Section 
     605(a) of the Neighborhood Reinvestment Corporation Act (42 
     U.S.C. 8104(a)) is amended by adding at the end of the first 
     sentence, prior to the period, ``, except that the board-
     appointed officers may be paid salary at a rate not to exceed 
     level II of the Executive Schedule'': Provided further, That 
     in addition, $63,800,000 shall be made available until 
     expended to the Neighborhood Reinvestment Corporation for 
     mortgage foreclosure mitigation activities, under the 
     following terms and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC''), 
     shall make grants to counseling intermediaries approved by 
     the Department of Housing and Urban Development (HUD) (with 
     match to be determined by the NRC based on affordability and 
     the economic conditions of an area; a match also may be 
     waived by the NRC based on the aforementioned conditions) to 
     provide mortgage foreclosure mitigation assistance primarily 
     to States and areas with high rates of defaults and 
     foreclosures primarily in the subprime housing market to help 
     eliminate the default and foreclosure of mortgages of owner-
     occupied single-family homes that are at risk of such 
     foreclosure. Other than areas with high rates of defaults and 
     foreclosures, grants may also be provided to approved 
     counseling intermediaries based on a geographic analysis of 
     the Nation by the NRC which determines where there is a 
     prevalence of subprime mortgages that are risky and likely to 
     fail, including any trends for mortgages that are likely to 
     default and face foreclosure. A State Housing Finance Agency 
     may also be eligible where the State Housing Finance Agency 
     meets all the requirements under this paragraph. A HUD-
     approved counseling intermediary shall meet certain mortgage 
     foreclosure mitigation assistance counseling requirements, as 
     determined by the NRC, and shall be approved by HUD or the 
     NRC as meeting these requirements.
       (2) Mortgage foreclosure mitigation assistance shall only 
     be made available to homeowners of owner-occupied homes with 
     mortgages in default or in danger of default. These mortgages 
     shall likely be subject to a foreclosure action and 
     homeowners will be provided such assistance that shall 
     consist of activities that are likely to prevent foreclosures 
     and result in the long-term affordability of the mortgage 
     retained pursuant to such activity or another positive 
     outcome for the homeowner. No funds made available under this 
     paragraph may be provided directly to lenders or homeowners 
     to discharge outstanding mortgage balances or for any other 
     direct debt reduction payments.
       (3) The use of Mortgage Foreclosure Mitigation Assistance 
     by approved counseling intermediaries and State Housing 
     Finance Agencies shall involve a reasonable analysis of the 
     borrower's financial situation, an evaluation of the current 
     value of the property that is subject to the mortgage, 
     counseling regarding the assumption of the mortgage by 
     another non-Federal party, counseling regarding the possible 
     purchase of the mortgage by a non-Federal third party, 
     counseling and advice of all likely restructuring and 
     refinancing strategies or the approval of a work-out strategy 
     by all interested parties.
       (4) NRC may provide up to 15 percent of the total funds 
     under this paragraph to its own charter members with 
     expertise in foreclosure prevention counseling, subject to a 
     certification by the NRC that the procedures for selection do 
     not consist of any procedures or activities that could be 
     construed as an unacceptable conflict of interest or have the 
     appearance of impropriety.
       (5) HUD-approved counseling entities and State Housing 
     Finance Agencies receiving funds under this paragraph shall 
     have demonstrated experience in successfully working with 
     financial institutions as well as borrowers facing default, 
     delinquency and foreclosure as well as documented counseling 
     capacity, outreach capacity, past successful performance and 
     positive outcomes with documented counseling plans (including 
     post mortgage foreclosure mitigation counseling), loan 
     workout agreements and loan modification agreements. NRC may 
     use other criteria to demonstrate capacity in underserved 
     areas.
       (6) Of the total amount made available under this 
     paragraph, up to $3,000,000 may be made available to build 
     the mortgage foreclosure and default mitigation counseling 
     capacity of counseling intermediaries through NRC training 
     courses with HUD-approved counseling intermediaries and their 
     partners, except that private financial institutions that 
     participate in NRC training shall pay market rates for such 
     training.
       (7) Of the total amount made available under this 
     paragraph, up to 4 percent may be used for associated 
     administrative expenses for the NRC to carry out activities 
     provided under this section.
       (8) Mortgage foreclosure mitigation assistance grants may 
     include a budget for outreach and advertising, and training, 
     as determined by the NRC.
       (9) The NRC shall report bi-annually to the House and 
     Senate Committees on Appropriations as well as the Senate 
     Banking Committee and House Financial Services Committee on 
     its efforts to mitigate mortgage default. Such reports shall 
     identify successful strategies and methods for preserving 
     homeownership and the long-term affordability of at-risk 
     mortgages and shall include recommended efforts that will or 
     likely can assist in the success of this program as well as 
     an analysis of any policy and procedures that failed to 
     result in successful mortgage foreclosure mitigation. The 
     report shall include an analysis of the details and use of 
     any post mitigation counseling of assisted borrowers designed 
     to ensure the continued long-term affordability of the 
     mortgages which were the subject of the mortgage foreclosure 
     mitigation assistance.

           United States Interagency Council on Homelessness

                           operating expenses

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code) of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $2,400,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  Such sums as may be necessary for fiscal year 
     2010 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402.  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. 403.  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. 404.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     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. 405.  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, 
     reorganizes, or restructures a branch, division, office, 
     bureau, board, commission, agency, administration, or 
     department different from the budget justifications submitted 
     to the Committees on Appropriations or the table accompanying 
     the explanatory statement accompanying this Act, whichever is 
     more detailed, unless prior approval is received from the 
     House and Senate Committees on Appropriations: Provided, That 
     not later than 60 days after the date of enactment of this 
     Act, each agency funded by this

[[Page H8638]]

     Act shall submit a report to the Committees on Appropriations 
     of the Senate and of the House of Representatives 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. 406.  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 House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds: Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole source 
     contracts by no later than July 31, 2010. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole source contract.
       Sec. 408. (a) None of the funds made available in this 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 quasi-religious 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. 409.  No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use: Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities: 
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownsfield as defined in the Small Business Liability Relief 
     and Brownsfield Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain.
       Sec. 410.  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. 411.  No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412.  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 sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 413.  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).

  The CHAIR. No amendment shall be in order except the amendments 
printed in part A of House Report 111-219, not to exceed seven of the 
amendments printed in part B of the report if offered by the gentleman 
from Arizona (Mr. Flake) or his designee; not to exceed two of the 
amendments printed in part C of the report if offered by the gentleman 
from Texas (Mr. Hensarling) or his designee. Each amendment may be 
offered only in the order printed in the report, shall be considered as 
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.
  The proponent of any such amendment may modify its amendatory 
instructions before the question is put thereon.
  After disposition of the amendments specified in the first section of 
House Resolution 669, 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.


              Part A Amendment No. 1 Offered by Mr. Olver

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
part A of House Report 111-219.
  Mr. OLVER. 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:

       Part A amendment No. 1 offered by Mr. Olver:
       Page 2, line 13, after the first dollar amount, insert 
     ``(reduced by $250,000)''.
       Page 4, line 6, after the dollar amount, insert ``(reduced 
     by $3,000,000)''.
       Page 8, line 9, after the dollar amount, insert 
     ``(increased by $1,000,000)''.
       Page 8, line 16, after the dollar amount, insert ``(reduced 
     by $1,000,000)''.
       Page 38, line 7, after the first dollar amount, insert 
     ``(increased by $250,000)''.
       Page 43, line 3, after the dollar amount, insert 
     ``(increased by $3,000,000)''.
       Page 92, line 5, strike ``$4,600,607,000'' and insert 
     ``$4,598,607,000''.
       Page 93, line 12, strike ``$18,000,000'' and insert 
     ``$16,000,000''.
       Page 93, line 22, before the period insert the following: 
     ``: Provided further, That none of the funds made available 
     under this heading may be used for the construction and 
     facility buildout of a multi-purpose complex at Indiana 
     University of Pennsylvania''.
       Page 109, lines 3 and 4, strike ``, except that no 
     principal limit factor may be reduced below 60''.
       At the end of the bill (before the short title), insert the 
     following:
       Sec. 414.  None of the funds made available in this Act may 
     be used for first-class airline accommodations in 
     contravention of sections 301-10.122 and 301-10.123 of title 
     41, Code of Federal Regulations.
       Sec. 415.  None of the funds made available in this Act may 
     be used to purchase a light bulb for an office building 
     unless the light bulb has, to the extent practicable, an 
     Energy Star or Federal Energy Management Program designation.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Massachusetts (Mr. Olver) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. OLVER. Mr. Chairman, this is a good amendment that makes a 
handful of modest changes to the bill. It adds $250,000 for the 
National Highway Traffic Safety Administration to develop safety 
standards for the incorporation of alternative fuel technologies in 
vehicles.
  It increases the Federal Rail Administration's Railroad Research and 
Development account by $3 million, which will allow the FRA to perform 
multiple studies that were authorized in last year's rail safety bill. 
It provides $1 million for the Federal Aviation Administration to 
support commercial space activities.
  This amendment includes two provisions championed by Representative 
Cuellar from Texas and included in previous appropriations bills, one 
that requires the use of energy-efficient bulbs in Federal buildings; 
and the second, which precludes Federal employees from flying first 
class.
  Last, we have included a technical change to a provision that my 
ranking member, Mr. Latham, has championed in order to ensure that the 
Home Equity Conversion Mortgage program can be implemented without 
Federal subsidy.

[[Page H8639]]

  I reserve the balance of my time.
  Mr. LATHAM. Mr. Chairman, I would ask for the time in opposition, 
although I will not oppose his amendment.
  The CHAIR. Without objection, the gentleman from Iowa is recognized 
for 5 minutes.
  There was no objection.
  Mr. LATHAM. Let me just express my frustration in this amendment, and 
they're all good projects. There are five amendments, all Democrat 
amendments, all of substance, that we could have agreed on. But also, 
looking through the list here: We have another four or five amendments 
that we could have agreed on, of substance, and we will agree on.
  Again, I go back to the fact that the Rules Committee, the process is 
just totally out of whack, and the fact that while I don't oppose 
these--actually, one of the projects that Mr. Braley referred to is 
something that I started several years ago and has been very, very 
successful as far as using soybean grease as far as lubricants on 
railroads. It's been in practice now for several years.
  It's the frustration I have that we couldn't have substantive 
amendments made in order. We have five Democratic amendments put in 
here, of substance, while we were denied that option. I think it is 
extremely unfair and really brings shame upon this body and the process 
that should be in place for all of our constituents to have their 
Representatives here to decide and vote on amendments which would be of 
importance to their districts and to the Members' constituents.
  I just, again, express my total frustration with the Rules Committee. 
I don't blame the chairman at all, but it's just the process has 
totally fallen apart.
  With that, I yield 2 minutes to the gentleman from Georgia (Mr. 
Broun).
  Mr. BROUN of Georgia. I thank the gentleman for yielding. Mr. 
Chairman, I come before you today to protest this restrictive process.
  Mr. Chairman, I have submitted a handful of very simple, 
straightforward, and commonsense amendments to this body. This 
arbitrary process of choosing which amendments are allowed to be 
considered on the floor is unworthy of this institution and has damaged 
the democratic process.
  Is the majority leadership so afraid of making their Members vote 
against such commonsense measures as cutting this bill by half a 
percent that they wouldn't even allow debate?
  I also submitted an amendment that would have prohibited any money in 
this bill to be spent on bike paths. Mr. Chairman, maintaining bike 
paths is clearly not a function of the Federal Government, and 
especially in these tough economic times and an era of large deficits.
  This is not an appropriate use of Federal funds and taxpayers' 
dollars. At a time when our Federal Government is hemorrhaging money 
and selling bonds to foreign countries like China just to be able to 
keep the lights on, building bike paths is certainly a frivolous 
expense that should be cut out of this bill. Unfortunately, this 
amendment was not allowed to be debated.
  The distinguished chairman of the Appropriations Committee has made 
it known that he is conducting the appropriations process in this 
restrictive manner in the interest of time. But, Mr. Chairman, that 
argument does not make any sense.
  The Constitution has mandated this body with a finite number of basic 
responsibilities. Chief among those is allocating Federal dollars. If 
we cannot spend more than 1 hour debating appropriation bills that 
allocate hundreds of billions of dollars, then I would suggest that our 
priorities, the ones that deserve time on this very floor, are 
misplaced.
  I urge my colleagues to vote ``no'' on this legislation and for the 
majority party to turn the legislative process back to regular order.
  Mr. OLVER. Could I inquire how much time there is remaining.
  The CHAIR. The gentleman from Massachusetts has 3\1/2\ minutes. The 
gentleman from Iowa has 2 minutes.
  Mr. OLVER. Mr. Chairman, I yield 1 minute to the gentleman from 
Tennessee (Mr. Cohen).
  Mr. COHEN. I speak in favor of the manager's amendment. This is a 
very important bill putting America back to work and working on 
infrastructure and transportation systems that are so important to 
America's economic vitality and growth. But also, rail transportation 
is important. Rail is important in many ways, both in a commercial way 
and in a passenger way.
  This particular manager's amendment puts an additional $3 million 
into the Federal Railroad Administration's Research and Development 
account. It's certainly the hope of many Members that this will allow 
for studies of high-speed rail, one of which will go from Little Rock 
to Memphis, and other studies, so that we can have more high-speed rail 
and less use of automobiles safe with the environment, and make 
passenger traffic more available to more people at a more reasonable 
cost.
  Mr. LATHAM. Again, I just want to reiterate, these are good, 
substantive amendments. All have merit. The frustration I have is that 
all five are Democrat amendments, never even an opportunity. And there 
will be several more Republican amendments here that we'll probably 
agree on. I don't know why we couldn't do this. But it's frustration I 
have with the process, and it's very concerning to me.
  Mr. BRALEY of Iowa. Mr. Chair, I rise today in strong support of the 
Manager's Amendment to the Transportation HUD Appropriations Act. I'm 
pleased to have secured an increase of $3 million in this amendment for 
the Federal Railroad Administration's (FRA's) Railroad Research and 
Development Account. This additional money for FRA's Railroad Research 
and Development Account could fund the Biodegradable Lubricants study 
authorized in Division B: Section 405 of the Railroad Safety 
Enhancement Act of 2008 as well as other feasibility studies authorized 
in that bill, and I believe that a portion of this funding should go 
towards the Biodegradable Lubricants study. This study will help reduce 
our dependence on foreign oil and reduce our national addiction to 
petroleum imports. If all industrial lubricants used annually in the 
U.S. could be replaced with biobased versions, over 2 billion gallons 
of petroleum per year would be replaced.
  In performing this study, the National Ag-Based Lubricants Center 
(NABL) at the University of Northern Iowa would be a perfect partner 
for the Federal Railroad Administration. NABL's expertise and resources 
in biobased lubricants is unmatched, and it is the only entity whose 
primary mission is the research and testing of agricultural-based 
lubricants. I thank the Chairman for including $3 million in additional 
funding for the FRA's Railroad Research and Development account and I 
look forward to seeing the Transportation HUD Appropriations Act signed 
into law.
  Mr. LATHAM. I will support the gentleman's amendment, and I yield 
back the balance of my time.
  Mr. OLVER. Mr. Chairman, I believe this is a good amendment, and I 
would ask for its passage, and I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Massachusetts (Mr. Olver).
  The amendment was agreed to.


            Part A Amendment No. 2 Offered by Mr. Hensarling

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
part A of House Report 111-219.
  Mr. HENSARLING. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 2 offered by Mr. Hensarling:
       Strike line 20 on page 87 and all that follows through page 
     88, line 12.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Texas 
(Mr. Hensarling) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. HENSARLING. By any possible measurement whatsoever, spending is 
out of control in the Nation's Capital. Already, this Democratic-
controlled Congress has spent $1.1 trillion on a government stimulus 
plan costing every American household $9,810. That included $100 
million for an after-school snack program, $10 million for urban 
canals. The list goes on.
  This Democratic majority in Congress has also passed an omnibus bill 
costing $410 billion, weighing in at roughly $3,500 per American 
household. That one included $150,000 for lobster research in Maine and 
$143,000 to develop and expand a comprehensive online encyclopedia.

[[Page H8640]]

  Now we know, once again, after the President's press conference last 
evening, he and the Democrats in Congress will go forward on a 
government-controlled health care plan that even the Congressional 
Budget Office, appointed by Democrats, says will cost a minimum of a 
trillion dollars. Again, costing every American household roughly 
$9,000.
  And what do we have for all this, Mr. Chairman? What do we have?
  We now have the single largest Federal deficit that we have ever had 
in our Nation's history. It crossed the trillion-dollar mark. There was 
a time not too long ago we always talked in terms of billions; and now 
it's trillions are rolling off the tips of our tongues.
  The Federal debt, the Federal debt under this spending program will 
triple, triple in the next 10 years. This Congress is on a trajectory 
to create more debt in the next 10 years than in the previous 220. 
We're borrowing forty-six cents on the dollar, mainly from the Chinese, 
and sending the bill to our children and grandchildren.
  Mr. Chairman, it is crushing not only to the next generation; it's 
crushing job growth. Since the President has come into office, an 
additional 2.6 million Americans have lost their jobs. At 9.5 percent, 
we're looking at the largest unemployment that we've seen in a quarter 
of a century. Enough is enough.
  And so I want to take the President up on a challenge that he issued 
to Congress just a couple of months ago. He said, ``If we're going to 
rebuild our economy on a solid foundation, we need to change the way we 
do business in Washington. We need to spend money wisely.''
  The President went on to say, ``That starts with the painstaking work 
of examining every program, every entitlement, every dollar of 
government spending and asking ourselves: Is this program really 
essential? Are the taxpayers getting their money's worth?'' Those are 
the words of our President, Mr. Chairman.

                              {time}  1400

  Mr. Chairman, today I just want to focus on one program, one program 
out of an estimated 10,000 programs. It's called HOPE VI. Well, 
according to OMB--and you can look at their Web site--this is the 
program that has already accomplished its original objective. According 
to OMB, HOPE VI ``has completed its goal of contributing to the 
demolition of 100,000 severely distressed public housing units.''
  Now, since achieving its original objective, OMB goes on to further 
say, The program is more costly than other programs that serve the same 
population. The program has accomplished its stated mission. And 
furthermore, I am told--and I hope that the distinguished chairman can 
shed some light on this. I'm told the program is sitting on almost $1 
billion of unexpended balances.
  I mean, we're shoving more money their way, Mr. Chairman, and they 
can't even spend the money that they already have. It's time for us to 
lead by example, terminate one program, and quit borrowing the money 
from the Chinese and sending the bill to our children and 
grandchildren.
  I reserve the balance of my time.
  Mr. OLVER. I rise to claim the time in opposition to the amendment.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. I rise in opposition to the amendment. The HOPE VI program 
was launched in 1992 to allow the replacement of affordable housing 
that had deteriorated and was determined to be uninhabitable. The 
annual appropriations for about 10 years after that point were $500 
million per year or thereabouts.
  During that time, 25 to 30 applications were awarded each year, and 
some of those programs went forward very expeditiously and some of them 
did not move forward as expeditiously. But in at least the last 5 
years, under the previous administration, each year the administration 
attempted to rescind the appropriation that had been made the previous 
year and then zero out the program for the year that we were 
appropriating for, attempting not just to cripple but to terminate the 
program.
  Congress refused, because many communities still had projects for the 
program, so we still had five or six projects per year, because the 
appropriation was for several years, at least 5 years, was frozen 
around $100 million or thereabouts per year. Now, it is my 
understanding, at least, that what are--typically programs and projects 
that had been afforded money under the program of HOPE VI took from 3 
to 7 years and that would be used to complete. Some took longer.
  During the past year, we have been able to get the Department of 
Housing and Urban Development to spend special time, special effort, 
through technical assistance and working with the organizations that 
had the applications in, to go back and make certain that those that 
had been awarded in 2002 and 2003 were moving forward. They made some 
serious progress on that, but there is still need for this program.
  At this point I yield 2 minutes to the gentleman from Massachusetts 
(Mr. Frank), who is the chairman of the Authorizing Committee, because 
so great is the need that the Authorizing Committee has been working on 
that.
  Mr. FRANK of Massachusetts. I thank my colleague who does an 
excellent job in chairing the subcommittee.
  While the author of this amendment and myself both serve on the 
Financial Services Committee, I think I can say that on a bipartisan 
basis over the years, the Financial Services Committee has shown a lot 
of support for this program and for improving it.
  The gentleman cites some unexpended balances, but here's the problem. 
There's kind of a catch-22 here. If program money is spent too rapidly 
and it is then spent inefficiently, there is criticism. What has 
happened with HOPE VI is that in response to some legitimate criticism, 
some controls were proposed to slow things down. This money ultimately 
gets spent, but it gets spent in a way that is less likely to be 
abused.
  It is also the case that there is a kind of ``you lose either way'' 
argument made against public housing. Often the criticism is in that 
public housing warehouses people in large projects that do not have the 
capacity to provide a decent living environment. HOPE VI is an effort 
to preserve the units, because we do have a shortfall for family public 
housing in many parts in the country, not in all, but by redoing the 
projects to remove the stigma that has attached. And if you get rid of 
the HOPE VI program, you then abandon the notion that you are going to 
go to existing public housing to try to make it more livable and less 
concentrated.
  Now, that's not an easy thing to do. We've been working, again, in a 
bipartisan way on ways to improve that, to bring in other services, to 
coordinate how you do it. But to simply shut the program off is, I 
think, to say to the people who live in the public housing that was 
built inappropriately--the residents didn't build it, society built it 
and put them there.
  It would say, We are abandoning any effort to improve the liveability 
of where you are, and also then make them more vulnerable to criticism 
and build opposition to the whole notion, when the alternative is to 
make the living conditions better for the people in the surrounding 
communities.
  Mr. OLVER. I reserve the balance of my time.
  The CHAIR. The gentleman from Texas has 1 minute remaining, and the 
gentleman from Massachusetts has the option of closing.
  Mr. HENSARLING. Thank you, Mr. Chairman.
  Again, the President of the United States says, Start the painstaking 
work of examining every program. Mr. Chairman, we have a program that, 
number one, has achieved its mission; number two, it is now effective; 
number three, it is duplicative of another program; number four, it has 
at least 5 years of appropriations in the pipeline; number five, we are 
looking at the single-largest deficit in the entire history of the 
United States of America. We have the largest unemployment rate in 25 
years.
  Mr. Chairman, out of 10,000 Federal programs, if you won't terminate 
one to quit borrowing money from the Chinese and sending the bill to 
our children and grandchildren, if you won't terminate this program, I 
mean, please, which one will you? Is there ever a point where you say, 
Enough debt is enough? Is there ever a point where you finally conclude 
that the

[[Page H8641]]

best housing program in America is a job? Let's create the jobs. Let's 
not destroy the jobs. I urge adoption of the amendment.
  I yield back the balance of my time.
  Mr. OLVER. Mr. Chairman, just last fall this House passed 
reauthorization legislation for HOPE VI and authorized for the first 
year of that $750 million. The work of HOPE VI simply is not done. That 
represents how much the demand is on the part of the membership of the 
House.
  Basically, what I would say here is that this work needs to continue. 
There is much need for affordable housing in this country. The HOPE VI 
program is not duplicated by anything else that I know of, and I would 
urge that the amendment be defeated.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Hensarling).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. HENSARLING. 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 Massachusetts will be 
postponed.


              Part A Amendment No. 3 Offered by Mr. Latham

  The CHAIR. It is now in order to consider amendment No. 3 printed in 
part A of House Report 111-219.
  Mr. LATHAM. 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:

       Part A amendment No. 3 offered by Mr. Latham:
         Page 44, line 8, after the dollar amount, insert 
     ``(reduced by $3,000,000,000)''.
         Page 45, line 21, strike ``Provided further,'' and all 
     that follows through the semicolon on page 46, line 8.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Iowa 
(Mr. Latham) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Iowa.
  Mr. LATHAM. I thank the chairman very much. This really is a very 
simple amendment. I seek to bring the funding level for high-speed rail 
back down to the President's request of $1 billion and strike the 
transfer authority for the National Infrastructure Bank.
  When the stimulus deal was announced by the President and the 
Democrat leadership, we were told that the plan was to provide $8 
billion for high-speed rail in the stimulus and another $1 billion a 
year for the next 5 years. My amendment meets the President's goals and 
his plans. We are just now embarking on this high-speed rail 
initiative. The stimulus funds are still in the Treasury. They haven't 
been spent, and there is little reason to dump another $3 billion on 
top of an unspent $8 billion since the committee hasn't even had the 
time to do any oversight at all in this area.
  I know the chairman is going to reference that there is pent-up 
demand for high-speed rail, and he is going to mention $100 billion in 
grant applications. Are we really ready to embark on a $100 billion 
endeavor on top of the million-, billion- and trillion-dollar endeavors 
already under consideration? We don't even know if those grant 
applications have any feasibility at all.
  Second, this amendment would strike the transfer to the National 
Infrastructure Bank. The administration requested $5 billion for a bank 
in their budget requests, but it didn't include any authorizing 
language at all. I know there are a few bills out there that would 
authorize this, and those proposals should be considered in the regular 
authorizing process. However, there is no bank today. There is no 
authorized bank in which to put this money. I'm not opposed to the bank 
idea, but I believe we should know what the activities and programs are 
that we are paying for up front.
  The bill before us gives authority to transfer $2 billion to the bank 
on October 1, 2010, should the bank ever be authorized by that date. 
Now, October 1, 2010, is actually in the 2011 fiscal year, and this 
committee will have the opportunity to consider funding that bank 
within the budget priorities for fiscal year 2011 under that 2011 
allocation. There is absolutely no reason to do that now.
  I did have an amendment to transfer the $3 billion to the highway 
trust fund, but the Rules Committee was probably too worried that the 
amendment may pass. However, without the transfer, this is still a good 
amendment. Cutting an extra unrequested $3 billion from this account 
still meets the President's request, his commitment, and would give me 
good reason to support this otherwise pretty good bill.
  I urge the adoption of my amendment. Again, I just want to make sure 
people know that this is $3 billion on top of the $1 billion the 
President requested, $2 billion of which is set aside--people talk 
about this money going to high-speed rail. It's not going to go there. 
This is set aside in a fund basically to be held so that just in case 
this infrastructure bank is authorized, the money will go there. This 
has nothing to do with high-speed rail. It has everything to do with 
making this a bill that people can support.
  I reserve the balance of my time.
  Mr. OLVER. I rise to claim the time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. First of all, I want to say that this high-speed rail, the 
program for combined high-speed and intercity passenger rail, that is 
the most important transportation initiative since the Eisenhower 
Interstate Highway System, the National Defense Highway System of 50 
years ago, which took a generation, basically, to build. It's not going 
to happen quickly. It's going to take a period of time, there is no 
question, but it is the most important initiative. There is pent-up 
demand. There is a huge demand.
  The first preapplication period for this bill brought in $100 billion 
of applications for $8 billion that was in place there. If we do not 
add significantly to that, as this bill does do, by adding $4 billion 
to the $8 billion that is already there, then people will lose faith or 
wonder, Are we in this seriously? Are we going to do high-speed and 
intercity passenger rail, as had been proposed and put forward in the 
recovery bill earlier or aren't we intending to do that?

                              {time}  1415

  I think we must keep this momentum going, for if we lose it, then 
that would be a very bad thing to have happen. There are applications 
for more than 40 States in the union totaling a hundred billion 
dollars. Some of those are going to be in construction later this year 
or early next year. The actual final applications are due for the 
smaller projects within a month. And within 2 months after that, they 
are supposed to be in awards. So they are expected to be providing jobs 
next year.
  So I think that that is a very appropriate way to keep our public 
momentum going toward passenger and intercity rail, high speed and 
intercity passenger rail.
  I reserve the balance of my time.
  Mr. LATHAM. I will reserve at this time.
  Mr. OLVER. How much time is left now?
  The CHAIR. The gentleman from Massachusetts has 3 minutes. The 
gentleman from Iowa has 1 minute. The gentleman from Massachusetts has 
the right to close.
  Mr. OLVER. I yield 1\1/2\ minutes to the gentlewoman from Florida 
(Ms. Corrine Brown).
  Ms. CORRINE BROWN of Florida. Today I rise to encourage my colleagues 
to vote ``no'' on this amendment that would cut funds for high-speed 
and passenger rail funding. Just 1 week ago, the Department of 
Transportation announced that it received 278 preapplications for high-
speed and intercity passenger rail funds totaling $102 billion. 
Northeastern States submitted 79 applications totaling $35 billion; the 
South and Southeastern States 44 applications totaling $66 billion; 
Northwestern States submitted 47 applications totaling $13 billion; and 
the Western States submitted 108 preapplications totaling $38 billion.
  Clearly, there is an increased demand for high-speed rail for the 
future and transportation of America. It will provide more efficient 
travel, increase U.S. jobs, reduce hydrostatic carbon emissions from 
all transportation sources, increase economic competitiveness, and 
reduce the dependence on foreign oil. And prove that freight lines

[[Page H8642]]

will also offer more effective freight service. But the $8 billion 
provided in the American Recovery Act is just the beginning.
  I urge my colleagues to vote ``no'' on this amendment.
  Mr. LATHAM. I will reserve at this time.
  Mr. OLVER. I yield 1\1/4\ minutes to the gentlewoman from Connecticut 
(Ms. DeLauro).
  Ms. DeLAURO. I rise in strong opposition to this amendment. It 
eliminates $3 billion in high-speed rail funding for 2010, including 
the $2 billion that could go to capitalize a much-needed infrastructure 
bank if authorized. We need to look to improve our way of life, create 
jobs, foster long-term economic growth, which we can do through an 
infrastructure bank which is an independent entity, would consider a 
broad range of infrastructure projects objectively, leverage hundreds 
of billions of dollars in private capital to put toward rebuilding 
America.
  This is not a partisan issue. This past week the bipartisan National 
Governors Association endorsed the concept of an infrastructure bank by 
resolution. The U.S. Chamber of Commerce, labor groups strongly support 
this effort. President Bush's transportation secretary, Mary Peters, 
said there are upwards of $400 billion in private capital available 
through pension funds, sovereign wealth funds.
  To invest in our Nation's infrastructure, we need to harvest the 
power of that private capital and in a smart way and in an effective 
way in order for us to remain competitive in the 21st century.
  I urge my colleagues to reject this amendment.
  Mr. LATHAM. I yield myself the remainder of the time.
  I will have to say I'm a little bit confused. First they're saying 
that this is a cut to high-speed rail, and then the last speaker got up 
here and said, Well, no, that money is not for high-speed rail, it's 
for some program that hasn't even been authorized yet. I'm not quite 
sure where we are here, because we're talking about spending the same 
money two or three times. I would suggest to the gentlewoman from 
Connecticut that there is no authorized bank. And by the language in 
this bill, those dollars could not be transferred until the next fiscal 
year, which means that the whole next year's cycle, if this bank is 
authorized, if that money is needed, we can do that next year.
  But to have this money sit in a slush fund basically and do nothing--
and everyone knows it's not going to go out the door, and the gentleman 
from Massachusetts knows--my chairman, who I love dearly--but he knows 
that I made this statement in committee. I'm not against high-speed 
rail. As a matter of fact, I made the statement on two different 
occasions that I think the $787 billion of stimulus money could have 
had actually been well spent and we could have a national high-speed 
rail system and actually accomplish something if we would have spent 
all of that money in the stimulus just on high-speed rail. We would 
have the Eisenhower Interstate Project. I'm not against it, but I'm 
just saying to have this money sit here and do nothing when we've got a 
critical issue, as far as the highway trust fund that needs funding 
immediately, is simply wrong.
  Let's save the money, let's make the bill acceptable to a lot more 
people who can support it on a bipartisan basis.
  I yield back the balance of my time.
  Mr. OLVER. As the gentleman understands, the $4 billion is available 
in this fiscal year for which we're appropriating only for high-speed 
rail. And I hope that it will remain there.
  I urge the defeat of the amendment so that we will keep the momentum 
up and keep the building, the development of high-speed rail moving 
forward as fast as possible.
  Mr. HARE. Mr. Chair, I rise in strong opposition to this amendment.
  I thank Chairman Obey and Olver for including $4 billion in this bill 
to create a 21st Century passenger rail system that will strengthen the 
economy by creating jobs, reducing congestion and improving mobility on 
our nation's highways.
  For every $1 billion invested in transportation, 35,000 jobs are 
created. With our economy suffering from one of the worst recessions in 
memory, this is the type of growth we should be promoting.
  This money will help fund projects like the Chicago-Quad Cities-Iowa 
City passenger rail line near my home town. This plan will benefit 
businesses, leisure, and commuter travel, as well as positively impact 
regional commerce. In the Quad Cities alone, this project is estimated 
to create nearly 825 jobs and increase household income by almost $16 
million.
  The amendment before us slashes funding for high-speed and intercity 
passenger rail and prohibits the transfer of monies to a National 
Infrastructure Bank to fund the future modernization of our nation's 
road and rail systems. This will thwart economic growth by killing 
future jobs.
  I strongly urge my colleagues to reject this amendment, and instead, 
support growing our economy, improving mobility, and protecting the 
environment.
  Mr. BRALEY of Iowa. Mr. Chair, I rise today in opposition to the 
Latham amendment, which could seriously jeopardize Iowa's effort to 
bring passenger rail to the State. For the last two and a half years, 
I've been a strong advocate for bringing rail service from Chicago to 
Iowa, and this amendment cuts the very funds that will help make this 
rail service a reality. This amendment could lead to a loss of Iowa 
jobs, as well as reduced economic development opportunities throughout 
the state.
  Two new passenger rail routes that will provide significant public 
and economic benefit are the lines from Chicago to the Quad Cities and 
Chicago to Dubuque, Iowa. Both routes would open up large parts of 
rural Illinois and eastern Iowa to huge economic growth and prosperity. 
These routes would also provide vacation spots for residents of Chicago 
in scenic Dubuque and Davenport, Iowa. The availability of passenger 
rail heading west from Chicago could also help eliminate congestion at 
O'Hare airport as many airline passengers fly regionally to the Quad 
Cities, Dubuque and Des Moines. Bringing rail service to Iowa would 
bring the opportunity to extend these Amtrak routes to Iowa City, Des 
Moines, Waterloo, and other cities. Many travelers would then be able 
to choose a train ride over the stress of the airport. Expanded 
passenger rail service would help reduce our dependence on foreign oil 
by encouraging the use of rail for travelers and decreasing the use of 
gasoline. Both of these routes would provide new passenger 
transportation through the heart of the country, bringing new 
opportunities to many Midwestern cities, creating jobs, and providing 
new transportation options for families and businesses. I can't support 
a proposal that could put the future of these projects in doubt.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Iowa (Mr. Latham).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. LATHAM. 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 Iowa will be postponed.


             Part A Amendment No. 4 Offered by Mr. McHenry

  The CHAIR. It is now in order to consider amendment No. 4 printed in 
part A of House Report 111-219.
  Mr. McHENRY. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 4 offered by Mr. McHenry:
         Page 46, line 21, after the dollar amount insert 
     ``(reduced by $1,000,000)''.
         Page 50, line 15, after the dollar amount insert 
     ``(increased by $1,000,000)''.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from North 
Carolina (Mr. McHenry) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. McHENRY. Mr. Chairman, the Office of Inspectors General 
throughout our government do a yeoman's task at providing oversight of 
Federal spending, and I think it's important that these matters be 
brought before the House.
  Mr. Chairman, at a time when Congress is burning through 
unprecedented amounts of taxpayer dollars, oversight and accountability 
are of greatest importance. We need to know who's getting the money and 
what it's being used for. As of the end of June, this Congress has 
already spent $2.6 trillion, and we're on pace to have a $1.8 trillion 
deficit this year--the largest in our Nation's history. The American 
people know we're spending a lot of money in Washington. Whether they 
like it or not is another question. But we need to make sure that we're 
getting value for our dollar. Amtrak has recently benefited from this 
unprecedented funding

[[Page H8643]]

by taking in $1.3 billion from the so-called stimulus bill in addition 
to their annual appropriations of $1.4 billion.
  This makes it all the more troubling to find out that in the course 
of conducting his oversight activities, Amtrak's former inspector 
general, Fred Weiderhold, was being misinformed, deceived, and 
circumnavigated by lawyers and bureaucrats within his agency in his 
effort to track down stimulus money. And the same day that a report 
came out highlighting the ways in which Amtrak officials were 
interfering with his job, Mr. Chairman, Inspector General Weiderhold 
unexpectedly resigned. This raises many questions about the sudden 
departure of a career official, particularly where there is political 
pressure from the current administration for him to step down.
  The Oversight and Government Reform Committee--of which I am a 
member--is launching currently an investigation into this matter, which 
occurred last month, and I look forward to seeing what comes out of 
this investigation. The reason why I bring it before the House is so 
that Members know what's happening with inspectors general across the 
government.
  However, it doesn't just stop with the Amtrak inspector general. His 
resignation is only one of what seems to be a larger pattern of 
inspector general purges throughout the Obama administration. Gerald 
Walpin, the long-time inspector general for the Corporation of National 
and Community Service, which overseas AmeriCorps, was fired in June 
after his investigation into the use of grant funds for political 
purposes turned up some disturbing information.
  Judith Gwynne, the acting inspector general for the International 
Trade Commission, was also fired last month, coincidentally right after 
Senator Grassley of Iowa expressed concerns in a letter to the 
International Trade Commission chairwoman about the potential agency 
obstruction of Ms. Gwynne's investigations of contractors' activities.
  Even Neil Barofsky, who is a special inspector general for the TARP--
or the bailouts--has expressed worry after Treasury Department 
officials informed him that the Department had legal authority over his 
office.
  We need to make sure that we have proper oversight and accountability 
of the funds that we're spending in this government. The American 
people deserve comprehensive, around-the-clock oversight of spending. 
That's why we have inspectors general. The administration's pattern of 
undermining and removing oversight when it becomes politically 
inconvenient makes this all more important to be brought to the 
attention of the House.
  And the reason why I rise today is under these limited rules that we 
have on appropriations bills, it's very difficult to bring issues 
before the whole House. And so that's why I speak today to make sure 
that we have inspectors general throughout the government, not just in 
Amtrak, that are able to do their job without political interference 
from any administration or any outside forces.
  So that's why I rise today, to make sure that I have this opportunity 
to bring it before the House of Representatives and its Members.
  I ask unanimous consent to withdraw my amendment.
  The CHAIR. Without objection, the amendment is withdrawn.
  There was no objection.


              Part A Amendment No. 5 Offered by Mr. Schock

  The CHAIR. It is now in order to consider amendment No. 5 printed in 
part A of House Report 111-219.
  Mr. SCHOCK. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 5 offered by Mr. Schock:
         Page 96, line 19, after the dollar amount, insert 
     ``(reduced by $5,000,000)''.
         Page 105, line 19, after the first dollar amount, insert 
     ``(increased by $5,000,000)''.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Illinois (Mr. Schock) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. SCHOCK. Mr. Chairman, I yield myself as much time as I may 
consume.
  Our country continues to see a significant increase in foreclosures, 
which are up 18 percent this January over last. Those figures continued 
to rise the first quarter of 2009, with an additional 616,000 
homeowners filing foreclosures. Over 25,000 of those foreclosure were 
in my home State of Illinois alone. And now the percentage of subprime 
loans in foreclosure has, for the first time ever, eclipsed 14 percent.
  We have all heard about these ridiculous loans: ballooning adjustable 
rates, reverse amortization, and interest-only mortgages which never 
actually provide home ownership. These vehicles of financial ruin 
usually have only one possible result for the homeowner: foreclosure.
  And while it would be much too simplistic to place the blame for the 
housing crisis at the feet of these irresponsible loans, they are 
certainly the chief culprits. And while many programs have been enacted 
to help victims who have fallen victim to these deceptive practices, 
little has been done to ensure that this crisis does not happen again, 
that future homeowners are not lured by irresponsible mortgages. It is 
time we take some preventative action to make certain homeowners have 
access to professionals which will assist them in understanding what 
they are getting into, and hopefully not only delinquency but 
ultimately foreclosure.
  The amendment I am offering today is a simple transfer of funds, yet 
will go great lengths to ensure that the American people have access to 
additional necessary resources before purchasing a home.
  Mr. OLVER. Will the gentleman yield?
  Mr. SCHOCK. I will.
  Mr. OLVER. I thank the gentleman for yielding.
  I think the gentleman has found a very appropriate amendment. It 
takes a small amount of money from a very large program to put into a 
program that we have supported and I have supported strongly. I am 
perfectly willing to accept the gentleman's amendment.

                              {time}  1430

  Mr. LATHAM. I will join the chairman, and we will certainly be glad 
to accept the amendment.
  Mr. SCHOCK. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Illinois (Mr. Schock).
  The amendment was agreed to.


               Part A Amendment No. 6 Offered by Mr. Cao

  The CHAIR. It is now in order to consider amendment No. 6 printed in 
part A of House Report 111-219.
  Mr. CAO. 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:

       Part A amendment No. 6 offered by Mr. Cao:
       Page 152, line 17, strike ``bi-annually'' and insert 
     ``quarterly''.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Louisiana (Mr. Cao) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Louisiana.
  Mr. CAO. Mr. Chairman, I rise today in support of amendment No. 6 to 
the appropriations bill. I thank Chairman Olver and Ranking Member 
Latham for their support and assistance.
  Mr. Chairman, this amendment will require the Neighborhood 
Reinvestment Corporation, also known as Neighborworks, to report to 
Congress on a quarterly rather than biannual basis on their efforts to 
mitigate mortgage defaults. Given the current concerns over the state 
of the housing and financial markets and the outlay of taxpayer 
dollars, it is imperative that we pass this amendment to strengthen 
congressional oversight of this agency.
  I'm not criticizing the good work that Neighborworks has done. In 
fact, I appreciate their service to several projects in my district, 
including a soft-second mortgage program and the Hoops for Homes 
partnership with the New Orleans Hornets. However, given the size of 
the corporation and the scope of its financial work, Neighborworks 
should report to Congress more frequently to help us understand and 
facilitate its efforts. The Constitution allows Congress to delegate 
its ``power of the purse'' as it

[[Page H8644]]

pleases. However, we must do so with care and deliberation, no matter 
how well-meaning the project. Congress needs to be balanced in its 
commitment to repairing the housing market. Just as we are keeping 
close watch over the expenditure of taxpayer funds in bailout money, we 
need to keep the same watch over other Federal programs.
  I encourage a ``yes'' vote on this amendment.
  I reserve my time.
  Mr. OLVER. Mr. Chairman, I claim the time in opposition, but I am not 
opposed.
  The CHAIR. Without objection, the gentleman from Massachusetts is 
recognized for 5 minutes.
  There was no objection.
  Mr. OLVER. In fact, I am willing to accept the gentleman's amendment.
  Mr. LaTOURETTE. Will the chairman yield?
  Mr. OLVER. I'm happy to yield.
  Mr. LaTOURETTE. I thank the distinguished chairman. We are also 
pleased with the gentleman's amendment and are willing to accept it.
  Mr. CAO. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Louisiana (Mr. Cao).
  The amendment was agreed to.


          Part A Amendment No. 7 Offered by Mr. Frelinghuysen

  The CHAIR. It is now in order to consider amendment No. 7 printed in 
part A of House Report 111-219.
  Mr. FRELINGHUYSEN. 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:

       Part A amendment No. 7 offered by Mr. Frelinghuysen:
       At the end of the bill, before the short title, insert the 
     following:
       Sec. __.  None of the funds made available under this Act 
     may be used by the Federal Aviation Administration to 
     implement the New York/New Jersey/Philadelphia Airspace 
     Redesign project.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from New 
Jersey (Mr. Frelinghuysen) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield myself 1 minute.
  I rise today to offer an amendment, along with my colleagues Leonard 
Lance and Rush Holt of New Jersey and Eliot Engel of New York, that 
would force the FAA to halt the implementation of its redesign of the 
New York/New Jersey/Philadelphia airspace unless they immediately 
address the issue of aircraft noise over our area. While the safety of 
passengers, their travel time, and the needs of the airline industry's 
survival is paramount, so is the right of the people on the ground, not 
all of whom are air travelers themselves, who have a right to a quality 
of life with a minimum exposure to aircraft noise overhead.
  The FAA has never adequately addressed the issue of aircraft noise, 
despite repeated congressional requests and statutory requirements to 
do so, not only for our part of the country, but across the Nation, as 
we have heard from various colloquies today. There were 13 lawsuits 
seeking to block this redesign because of noise and other environmental 
concerns. Members of Congress have proposed several studies that have 
sought to find other solutions to improve the airspace. So, clearly, 
there is support for putting this redesign on hold.
  The CHAIR. The time of the gentleman has expired.
  Mr. FRELINGHUYSEN. I yield myself another 30 seconds, Mr. Chairman.
  Members of Congress have proposed several studies that have sought to 
find other solutions to improve the airspace, so it is clear their 
support for putting this redesign on hold. Mr. Chairman, despite the 
fact that appropriations bills over many years that fund the FAA have 
directed the FAA to address the issue of aircraft noise, the FAA has 
turned a deaf ear to this issue. Maybe they will hear us this time.
  And I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. Mr. Chairman, the amendment that has been offered 
prohibits the implementation of the New York airspace design which FAA 
has worked on now for about 10 years, and it would appear from the 
gentleman's language that it is on the basis of airport noise, not the 
overhead noise, but rather the ground noise. Well, with airplanes 
nowadays, each new sequence of airplanes is quieter than they were in 
the past, at all levels and more efficient at all levels, whether 
they're flying high or low or on the ground than had been previously 
the case. But that is only one point here.
  Many parts of this country have completed the redesign of the 
airspace in their regions over the last several years. And why is that 
important? Well, it is important because the national airspace is now 
carrying 750 million passengers per year and is expected to be 
increasing by 50 percent between now and 2025. Today, already, 40 
percent of all flight delays in the national airspace system are part 
of the New York area flights, both incoming and outgoing, which then 
causes backups all over the country.
  We know we are approaching gridlock in our air traffic control 
system, which is based on a ground-based sight by radar system which is 
technologically a half century old. It is really old technology. We 
know we need to switch to a network satellite-based system for traffic 
control much more quickly than the present estimate of the year 2025.
  To do that, we must finish airspace redesign all over the Nation, but 
particularly because of the congestion, the extensive congestion in the 
New York area, particularly in the New York area. So the space design 
and modern satellite-based traffic control allows planes to fly closer 
together, higher up, on a direct path, save energy in the process, run 
quieter because they can stay higher longer and be on the ground less 
than previously was the case.
  The added capacity is absolutely necessary and will finally reduce 
delays in this most congested area by allowing the redesign benefits to 
accrue from environmental purposes, reducing emissions. Benefits are 
provided to the controllers because the new technology increases the 
flexibility in routing and helps balance their workload, and this 
amendment would delay the removal of congestion. It would prolong the 
use of outdated, inefficient technology. It would put noise reduction 
that is in the design process at bay, and it would delay the safe 
expansion of our air traffic travel capacity.
  We have to move on in this 21st century and develop the fully new 
technology. This amendment should be defeated.
  I reserve the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I'm pleased to yield 1 minute to my 
colleague from New Jersey (Mr. Holt).
  Mr. HOLT. I thank my colleague, Mr. Frelinghuysen, for yielding time 
to me. I certainly support what the chairman has done in this bill, and 
I commend him for it. I'm not opposed to redesign of our airspace, but 
I am opposed to FAA's current redesign plan. The FAA developed and 
implemented the redesign without consulting key stakeholders, for 
example, the National Air Traffic Controllers Association, who are the 
primary users of these procedures.
  Last year the FAA changed what is known as the ``dispersal headings'' 
for Newark and Philadelphia airports despite insufficient testing, 
unpublished procedures and failing to train the pilots and controllers. 
This led to frequent miscommunication between pilots and controllers, 
planes steering off course and near-collisions.
  This amendment would strike the funding for continuing the New York/
New Jersey/Philadelphia metropolitan airspace design to allow time for 
the FAA, the National Air Traffic Controllers and other parties to work 
together to develop a comprehensive, multilateral approach to improving 
the system. Funding this project, going ahead as it is, is putting the 
safety of our constituents at risk, not dealing properly with noise or 
the efficiency of air travel. I urge my colleagues to support the 
amendment.
  Mr. FRELINGHUYSEN. I would like to yield time to Mr. Eliot Engel from 
New York.

[[Page H8645]]

  Mr. ENGEL. Mr. Chairman, I rise today in strong support of the 
gentleman from New Jersey's amendment to restrict funding for the FAA's 
ill-conceived New York/New Jersey/Philadelphia airspace redesign plan. 
This plan was jammed down our throats with zero input from the 
residents it harms the most. It would put an additional 200 to 400 
flights a day over my constituents in Rockland County, New York, with 
lots and lots of overhead noise, and the FAA won't even tell us how 
much. They tried to do it without any kind of public hearing. They 
tried to sneak it. They have been a bad player and have acted in bad 
faith. There was no notification to myself or other elected officials 
whose districts are affected. The residents have not had ample 
opportunities to have their concerns and comments heard.
  Landing at Newark Airport right over my communities is totally 
unacceptable. The noise level will be increased and, again, FAA doesn't 
tell us how much. I have let President Obama, Secretary LaHood and FAA 
Administrator Babbitt know that I am totally opposed to this. I commend 
the gentleman from New Jersey for this amendment. This plan must be 
defeated. It is not going to serve anyone, certainly not our country.
  Mr. OLVER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Illinois (Mr. Costello) who is the chairman of the Aviation 
Subcommittee of Transportation and Infrastructure.
  Mr. COSTELLO. Mr. Chairman, I thank you for yielding.
  Mr. Chairman, I rise in opposition to the amendment offered by my 
friend from New Jersey. The amendment would prevent the FAA from 
funding the implementation of the New York/New Jersey/Philadelphia 
metropolitan airspace redesign. The FAA's airspace redesign efforts 
will play a critical near-term role in enhancing capacity, reducing 
delays, transitioning to more flexible routing and ultimately saving 
money for the airlines and airspace users in fuel costs.
  After 9 years of evaluation and a cost of over $53 million to the 
taxpayers, the FAA announced that it would implement a new airspace 
structure for the five major airports and several regional airports 
serving the New York/New Jersey/Philadelphia metropolitan area in 
September 2007.
  Congestion and delays in this region ripple through the entire 
aviation system and cause delays all throughout our entire national 
airspace system. The FAA did extensive analysis and held more than 120 
public meetings in five States throughout the environmental process. 
Delay benefits are estimated to reach 20 percent by the year 2011 
compared to the amount of delays the air traffic system would have 
without the changes.
  According to the FAA, one-half million fewer people will be exposed 
to noise under this plan compared to no change at all. In July 2008, 
the GAO issued a report on the airspace redesign and concluded the 
FAA's methodology to assess operational and noise impacts was 
reasonable.
  Mr. Chairman, we must not delay the redesign project. We must 
modernize our airspace and move forward with the NextGen Air 
Transportation System.
  Mr. FRELINGHUYSEN. Mr. Chairman, in closing, let me thank both 
Chairman Olver and Mr. Latham, the ranking member, for a good bill. We 
are just trying to perfect it. And let me just say to Mr. Costello, and 
I thank him for his leadership on these issues, I got the $53 billion 
through the appropriations process. And you would think that they could 
at least recognize the high incidence of aircraft noise over New York 
and New Jersey. This is a wake-up call to the FAA. We are not the only 
States where redesign is about to happen. I do think people on the 
ground have a right to let the FAA know, as they proceed with their 
redesign plans, that aircraft noise does affect the quality of life for 
Americans all around the Nation.
  Mr. GARRETT of New Jersey. Mr. Chair, I rise in strong support for 
the amendment offered by the gentleman from New Jersey, Mr. 
Frelinghuysen, to require that the FAA restrict the use of any funding 
for the implementation of the New York/New Jersey/Philadelphia 
metropolitan area airspace redesign.
  I have no issue with improving the quality of air travel; I agree 
that flight delays are a serious problem, particularly at New York-area 
airports. I simply want to ensure that a fair and appropriate balance 
is reached between the quality of flight in the air and the quality of 
life on the ground.
  For many years now, I have fought the FAA on its current plan to 
redraw the airspace over New York, New Jersey, and Connecticut. It 
would redirect thousands of flights per year over the houses of many of 
my constituents. This increased aircraft noise affects peoples daily 
lives in many ways. It is more than a nuisance. Aircraft noise can 
adversely affect children in schools; the elderly in nursing 
facilities; and families in their homes. Additionally, these homes may 
decrease in value as a result of this aircraft noise.
  Proponents of the airspace redesign have long maintained that it is 
necessary to redesign the airspace because a significant portion of the 
delays in our national airspace derive from the tri-state area. We have 
long maintained that redesigning the airspace in the way the FAA is 
proposing would have very little effect on delays but would adversely 
affect the lives of thousands of people.
  There is still time for the FAA to achieve a balance in this process 
between the needs of those in the air and those on the ground. This 
amendment would force the FAA to delay implementation of the redesign 
plan and find an alternative that would achieve a better balance 
between competing interests. I strongly support the gentleman's 
amendment, and urge its adoption.
  Mr. FRELINGHUYSEN. Mr. Chairman, I yield back.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New Jersey (Mr. Frelinghuysen).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FRELINGHUYSEN. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from New Jersey will be 
postponed.


            Part A Amendment No. 8 Offered by Mrs. Blackburn

  The CHAIR. It is now in order to consider amendment No. 8 printed in 
part A of House Report 111-219.
  Mrs. BLACKBURN. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 8 offered by Mrs. Blackburn:
       At the end of the bill (before the short title) insert the 
     following:

                    TITLE V--FIVE PERCENT REDUCTION

       Sec. 501.  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 CHAIR. Pursuant to House Resolution 669 the gentlewoman from 
Tennessee (Mrs. Blackburn) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Tennessee.

                              {time}  1445

  Mrs. BLACKBURN. Mr. Chairman, as I have said so often this year, I 
rise in defense of the American taxpayer. And once again, we find 
ourselves on the floor considering still more Federal spending. That 
spending hasn't brought back the millions of lost jobs. Our 
constituents are still asking, Where are the jobs? And as my colleagues 
have promised me, they're going to continue to ask that question.
  It hasn't promoted the economic growth that is so desperately needed. 
What it has done, it has produced a deficit that will likely top $2 
trillion this year. It has contributed to the largest Federal debt this 
Nation has ever known. That is the debt that my grandchildren will have 
to pay in missed opportunities and needless sacrifices.
  Mr. Chairman, my amendment applies a 5 percent cut to this 
appropriations bill. That is a 5 percent cut to programs whose spending 
has increased by 146 percent over the last 3 years. That is 146 percent 
over the last 3 years. That is a 5 percent cut to programs that have 
already gotten $62 billion this year from the stimulus.
  Mr. Chairman, I will shortly yield my time, but before I do, let me 
preview what I am sure my distinguished colleague will say in objecting 
to my amendment. He is likely to suggest that across-the-board cuts are 
bad because they do all the careful bipartisan work that is necessary 
to produce a good bill. And we know that everyone works hard on this 
legislation. We appreciate that. But we know there is

[[Page H8646]]

more work that can be done in perfecting these bills.
  He'll tell us that this bill has made tough choices already this 
year, and respectfully, I disagree. How many hard choices have we 
really made as a body when we have seen spending more than $14 billion 
than was spent last year?
  My esteemed colleagues may go through a litany of vital programs that 
would be destroyed by a 5 percent across-the-board cut. What my 
colleagues don't many times mention is that a 5 percent cut would allow 
each of the programs to still grow by 11 percent from last year's 
funding. And probably what we will hear is that this committee isn't 
really spending that much more, if you don't count the stimulus 
spending.
  Now, all of these are things that we have heard this year during 
these 5 percent debates, but, Mr. Chairman, I will say I do count that 
stimulus spending. I count every penny we're spending because, indeed, 
it is my grandchildren who are some day going to have to pay this money 
back.
  And with that, I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. Mr. Chairman, the gentlewoman from Tennessee is quite 
correct. I will claim that an across-the-board cut of the sort that has 
been proposed in this amendment is the worst possible way that one can 
do this sort of thing.
  In my opening remarks, I pointed out that this legislation has some 
$47 billion of appropriation for housing programs and that it's above 
the President's request in that area because we are trying to fill the 
gap for what has happened over the last 8 years of cuts in so many of 
the housing investment programs. And let me just give you an example of 
this.
  One of the points I made in the opening was that one of the things we 
were particularly trying to do in the very good housing parts of this 
legislation was to support vulnerable populations. And so in 
replacement of several years, 5 years in a row of cuts in elder housing 
and in disabled housing, in tenant- and project-based assistance in our 
PHA's major programs, we didn't always allow the cuts that the 
administration had applied and had requested, and we usually, in fact, 
didn't do that because people in here are concerned about what's going 
on in the matter of people's lives. However, the cuts were made.
  And I would like to just point out that if you go back to the year 
2001 and use a 1 percent, a 1 percent per year inflationary factor to 
each of those housing program investments that we would make, that 
would bring you to a point $1.5 billion above where the present 
legislation proposes in this bill.
  So what I'm saying there is that an across-the-board cut of the sort 
that has been suggested by the gentlewoman from Tennessee simply cuts 
those places that we particularly wanted to put money into in order to 
fill the gap that has been growing over a period of years, and it's the 
wrong thing to do.
  It would hurt our elders. It would hurt our people who are in 
affordable housing in either the tenant- or the project-based systems. 
It would cut Hope VI. It would cut the program for housing for people 
with AIDS, the elder and disabled housing and CDBG. All of those were 
programs that were deliberately reduced year after year or 
recommendations made for a reduction, and, in fact, over time had been 
reduced substantially compared with the '01 appropriation.
  So this has particularly bad effects on those programs, particularly 
the housing programs that have been well-funded in the bill that we 
have before us.
  I reserve the balance of my time.
  Mrs. BLACKBURN. Mr. Chairman, I will simply point out that we have to 
realize that this is taxpayer money, not government money, and what we 
are hearing from the taxpayers of this great Nation is that spending is 
out of control. A $1 trillion deficit is too much. A Federal debt that 
is at record levels is too much spending. And taxpayers are telling us 
they are tired of us spending money on programs they don't want. And 
it's, as one of my constituents has said, that we are spending money 
she hasn't made on programs that she doesn't want. And they are right 
to speak out to us about this.
  I will also point out that our States, which function under balanced 
budget amendments, are great labs of experimentation in State 
budgeting. Our States make across-the-board cuts. In making an across-
the-board cut in this appropriations bill, you would still have 11 
percent growth in these programs. And that is significant because in 
the last 3 years, as I said, this funding has increased 146 percent.
  You have programs in this bill that received 62 billion additional 
dollars through the stimulus, and a 5 percent cut would save the 
American taxpayer $3.44 billion. That would be the savings that is 
there.
  We all know as we budget at the Federal level we use baseline 
budgeting, and a good thing about making across-the-board cuts is that 
it helps reset that baseline. And what we have seen with our Federal 
budget, as we have had the additional spending with our stimulus, with 
these additional appropriations, is those numbers are rising. And yes, 
indeed, the taxpayers are reminding us they are going through the roof 
and they are tired of that. They want the spending, the out-of-control 
spending to stop.
  Every year, taxpayers sit down and they write out their check to 
Uncle Sam, and when they send that check in, they know they're delaying 
their priorities.
  I urge support of the amendment.
  Mr. OLVER. I would just reiterate that while I'm not in favor of 
cutting the bill that we have put forward, I think it is a good bill, 
that this is by far the worst way that you could possibly do that, and 
I would urge the defeat of the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Tennessee (Mrs. Blackburn).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mrs. BLACKBURN. 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 Tennessee will be 
postponed.


        Part A Amendment No. 9 Offered by Mr. Burton of Indiana

  The CHAIR. It is now in order to consider amendment No. 9 printed in 
part A of House Report 111-219.
  Mr. BURTON of Indiana. 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:

       Part A amendment No. 9 offered by Mr. Burton of Indiana:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available in this Act may 
     be used by Amtrak to provide free alcohol.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Indiana (Mr. Burton) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Indiana.
  Mr. BURTON of Indiana. Well, first of all, I want to thank the Rules 
Committee for making this amendment in order, and I don't think it's 
controversial. I hope my colleague agrees with that.
  Back in the summer of 2007, Amtrak was trying to get more passengers 
on their luxury line, and so they decided that they would give people a 
$100 coupon to get free alcohol on the trip. It was a way to try to 
encourage ridership. Well, unfortunately, that didn't work, and 1 year 
later the GrandLuxe line on Amtrak shut down, and they no longer have 
used the $100 incentive by giving people $100 worth of alcohol to ride 
the train.
  And so what my amendment does is--very simply says that that will not 
be included in any future Amtrak legislation, that we will no longer be 
giving free alcohol as an incentive for people to ride the train. And I 
might add, with all of the rail accidents we've had recently, it's 
probably a darn good idea.
  I reserve the balance of my time.
  Mr. OLVER. I claim the time in opposition, though I am not opposed to 
it and I will not oppose it.
  The CHAIR. Without objection, the gentleman from Massachusetts is 
recognized for 5 minutes.

[[Page H8647]]

  There was no objection.
  Mr. LATHAM. Does the gentleman yield?
  Mr. OLVER. I will yield.
  Mr. LATHAM. I rise in support of the amendment also.
  Mr. BURTON of Indiana. Well, thank you very much.
  You know, I learned one thing a long time ago, Mr. Chairman. When 
you've got everything going the right way, you shut up. So with that, I 
yield back the balance of my time.
  Mr. OLVER. I yield back.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Indiana (Mr. Burton).
  The amendment was agreed to.


         Part A Amendment No. 10 Offered by Mr. Jordan of Ohio

  The CHAIR. It is now in order to consider amendment No. 10 printed in 
part A of House Report 111-219.
  Mr. JORDAN of Ohio. 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:

       Part A amendment No. 10 offered by Mr. Jordan of Ohio:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  Appropriations made in this Act are hereby 
     reduced in the amount of $20,050,000,000.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Ohio 
(Mr. Jordan) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. JORDAN of Ohio. Mr. Chairman, let me first say I appreciate the 
work of the chairman and our ranking member. But what I also appreciate 
is the fact that last week, for the first time in American history, our 
deficit reached $1 trillion, and we are not through the fiscal year 
yet, and some estimate that this could go as high as $2 trillion. So 
what I bring before the body today is a very straightforward amendment.
  It says let's take that first step in trying to get our fiscal house 
in order. Let's take that, what I will call, modest first step. Let's 
go back to where we were just 9\1/2\ months ago, before the stimulus, 
before the omnibus, before all this ridiculous spending got ahold of 
Congress. Let's go back to where we were just 9\1/2\ months ago and 
let's live on that amount of money in this appropriation bill. After 
all, there are all kinds of families, all kind of small business 
owners, all kinds of American taxpayers who are doing just that.

                              {time}  1500

  Now, just like in the amendment a little while ago that my colleague 
from Tennessee offered, I am sure that the gentleman from Massachusetts 
will be opposed to this one, and will stand up and say, Well, we can't 
have this cut.
  Again, remember, this is not a cut. This is taking us back to where 
we were less than a year ago before we had done the stimulus and the 
omnibus spending. As I indicated, it is exactly where a lot of 
families--and maybe more importantly--a lot of small business owners 
are functioning right now.
  Mr. Chairman, I would reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. Well, it sounds so simple, only 9\1/2\ months ago, but in 
fact, of course, the funding level that has been proposed here would 
take this bill back to the appropriated level for the fiscal year 2008. 
We're talking about the year 2010. We're talking about a year starting 
several months from now and going forward a year, and he's talking 
about 9\1/2\ months ago being the end of that fiscal year, the end of 
the 2008 fiscal year, and that was funding the year prior to that. So 
it is really taking a step backward 2 years in the funding level.
  As everybody knows, while we have had a bad economy, the inflation 
level has stayed relatively low--that's true--but this kind of a 
funding level, taking $20 billion out of this appropriation, then has 
the effect of cutting a huge number of programs by an average of 16 
percent for the next fiscal year. It is an unsustainable number for the 
kinds of efforts that one needs to have in housing. As I've indicated, 
for housing, there is growth in this. I agree there is growth in this 
bill.
  On the transportation side, the major point of growth is in the high-
speed rail program. The high-speed rail program is putting forward 
money that actually will extend out over a series of years. It doesn't 
all happen in the first year by any means at all. We all know that. It 
creates jobs over a period of time in the building of that 
infrastructure.
  In the case of housing, again, if one tries to cut the housing 
programs, it will be particularly bad for vulnerable populations, and 
we should not do that.
  I oppose the amendment, and I reserve the balance of my time.
  Mr. JORDAN of Ohio. Mr. Chairman, I would just ask the question: How 
bad does it have to get? Do we have to get to a $2 trillion deficit? Do 
we have to get to a $3 trillion deficit? How bad does it have to get 
before we can simply say this: Let's just hold the line. Let's just 
quit making the problem worse. How bad does it have to get before we 
can do something that every single family has had to do at some point 
in their lives and that every single small business owner has had to do 
at some point? How bad does it have to get before we can take the first 
step--again, that modest first step?
  Think about where we're heading. Over the next 10 years, with the 
pace of spending we're at right now, the Federal debt is going to go to 
$23 trillion. Now think about what it takes to pay that off. You first 
have to balance the budget. Then you have to run a $1 trillion surplus 
for 23 straight years, and that doesn't even count the interest, which 
is now approaching $1 billion a day.
  I offered a balanced budget. A few months ago, we voted on the 
budget, which sets the context for this. I offered a balanced budget, 
and we reviewed it. Our budget didn't balance until the last year, 
until the 10th year of the budget window. We didn't balance until the 
last year, and we were viewed as the radicals.
  I go back home and talk to folks. In my district, they look at me, 
and they say, Jordan, you big sissy. Balance it in 4 or 5 years. What 
are you doing taking 10 years? That's the perspective the American 
people have. Yet, here in Washington, we continue to spend and spend 
and spend, and we can't even take that simple, modest first step of 
saying, You know what? Let's just live on what we were living on 9 
months ago. Let's start to get our fiscal house in order. Let's start 
to do what the American people have to do all the time. That's all this 
amendment does.
  Mr. Chairman, I would yield back the balance of my time, and I would 
urge a ``yes'' vote.
  Mr. OLVER. There is no direction in the amendment, itself. It merely 
says cut the total expenditure by $20 billion, which is one-sixth of 
the sum total of the legislation. All I can do is say, if one were to 
do that by one-sixth of the appropriation for affordable housing, for 
our tenant- and project-based systems, we would be putting out 400,000 
families. Yes, it's bad, but it's those low-income families who are 
probably in the worst shape and in the most needy shape of all. I'm not 
sure that we want to do that. I certainly don't want to see that 
happen, and I hope the majority will not want to see that happen.
  Let me just close by urging a ``no'' vote on this amendment. It is a 
slash-and-burn kind of an amendment.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Ohio (Mr. Jordan).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. JORDAN of Ohio. 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 Ohio will be postponed.


           Part A Amendment No. 11 Offered by Mr. Neugebauer

  The CHAIR. It is now in order to consider amendment No. 11 printed in 
part A of House Report 111-219.
  Mr. NEUGEBAUER. 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:

       Part A amendment No. 11 offered by Mr. Neugebauer:
       At the end of the bill (before the short title), insert the 
     following:

[[Page H8648]]

                                TITLE IV

                     ADDITIONAL GENERAL PROVISIONS

       Sec. 414. Appropriations made in this Act are hereby 
     reduced in the amount of $13,553,000,000.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Texas 
(Mr. Neugebauer) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. NEUGEBAUER. Mr. Chairman, I rise today on a simple mission: to 
help get some of the taxpayers' money back.
  We passed an historic spending bill back in February, saddling our 
children and our grandchildren with mountains of debt. We were told 
that these funds would go towards projects that were targeted, 
temporary and, most importantly, timely--referred to as ``shovel-
ready.'' Well, guess what, Mr. Chairman?
  According to the White House's own Web site, recovery.gov, just 11 
projects have been awarded by the Department of Transportation so far. 
Just 11 projects. So we rushed out to spend $20-plus billion. We were 
told we can't wait until we get through the normal appropriations 
process. We've got to go spend this money right now so we can get it 
out and so we can create the jobs. Let me tell you how reliable this 
recovery.gov is.
  Just this week, a military installation in my district was featured 
on the Drudge Report for what appeared to be excessive amounts of 
stimulus spending. It turns out that an error was, in fact, made by--
you guessed it, Mr. Chairman--the operators of recovery.gov. They 
couldn't even enter a contract award correctly onto the Web site, which 
is supposed to be the model of government transparency. This is just 
one more example of how flawed this recovery process has been.
  One of the things that astounds me is that we said we had to go out 
and spend all of this money and that it was going to create jobs. Well, 
the question is: Where are the jobs, Mr. Chairman? What we've seen 
since we passed this recovery package is that people have lost their 
jobs. Today, 14 million people are out of work; 9.5 percent of 
Americans don't have jobs. Do you know what we're helping them do now? 
We're saying, You know what? We know you don't have a job, and we know 
you're having a hard time getting by. Do you know what we're going to 
do? We're going to pile up mounds and mounds and mounds of debt so that 
your children and grandchildren will have to work 25 hours a day just 
to pay the debt.
  Mr. Chairman, what this simple amendment does is say, You know what? 
We were wrong. We thought we could spend this $21 billion. We needed to 
get it out immediately. We found out we can't, so we're going to give 
part of that money back. We're going to give $13 billion of it back.
  Let me tell you the logic of what this bill does today. We said we 
had to rush to get this $21 billion spent. What we're saying and what 
we know is that now 13 projects and less than $1 billion of contracts 
have been awarded. Do you know what we're going to reward the 
government to do? We're going to say, Y'all did such a bad job of not 
spending the $21 billion we gave you back in the spring that we're 
going to reward you. We're going to give you another $21 billion of the 
taxpayers' money. By the way, Mr. Chairman, it's $21 billion we don't 
have. It's $21 billion we don't have.
  So what we're going to have to do is not only give them another $21 
billion, but we're going to have to borrow $21 billion from China or 
from Japan or from some other country. It just doesn't make sense to 
keep going down this path. Mr. Chairman, we have to stop that.
  I reserve the balance of my time.
  Mr. OLVER. I claim time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. Mr. Chairman, this amendment is $13 billion. Therefore, 
compared with what I call ``slash and burn,'' this is slash and burn a 
little bit less than the previous one. Generally, there is no direction 
as to how one might do it, and I'm left with the question of what kinds 
of impacts this one might have.
  I would point out that it would have an impact of now, not the 16 
percent but only an 11 or 12 percent cut--roughly 11, I guess it would 
be--on all of our transit programs, on the public transportation 
programs that we fund and that move people around in as efficient a way 
as they possibly can. It would have a similar effect on all of our air 
traffic safety programs, on all of the efforts that we have to make in 
order to have our airports and our air traffic controller systems 
function appropriately. All of those things come from this kind of an 
amendment. This would take us back to a freeze of the '09 levels, not 
the '08 levels, which was the previous one, but it would be a freeze at 
the '09 levels.
  I oppose the amendment. I urge defeat of the amendment.
  I reserve the balance of my time.
  Mr. NEUGEBAUER. I dare to disagree with the gentleman. What we're 
stopping from happening here is what we call in Texas ``double 
dipping,'' because we gave them $21 billion from some of these same 
programs less than 6 months ago. They've only spent 11 percent of it, 
so I don't think we're cutting anything.
  What we're saying is we're going to cut out the monkey business here. 
We're not going to allow them to double dip, and we're going to give 
that money back to the American people, Mr. Chairman. They're not even 
going to spend this $21 billion probably in the next fiscal year. 
They've spent only 11 percent since the inception of this bill. So 
we're not cutting anything. We're just saying, Hey, you're having 
trouble spending the first $21 billion. We'd like this $21 billion 
back. If you want to bring it back in another appropriations bill, 
we'll allow you to do that, but the problem is that we are accumulating 
this huge debt. Our national debt is at $11.7 trillion. That's $37,000 
for every American in this country.
  In just a few months, I'm going to have my third grandchild. Do you 
know what? I'm going to give that child a present or, I guess, the 
government is going to give that child a present. I'm going to write a 
letter and say, Your granddaddy was here to inform you that, on your 
birthday, you owe $37,000 right out of the chute.
  The American people are fed up with it. They want their money back. 
We cannot allow these government agencies to double dip. They're not 
spending the American taxpayers' money wisely. They're not creating 
jobs, and they're sick and tired of it. They're fed up. If you really 
want to make a mark in this Congress, vote for this amendment, and give 
the American people their money back.
  With that, I yield back the balance of my time.
  Mr. OLVER. Mr. Chairman, the gentleman has just made an argument and 
continues to make an argument about the level of debt.
  In 1980, when President Carter left office, the national debt of the 
country was about $1 trillion. Twelve years later, the debt of the 
country had reached $4 trillion. It had quadrupled. It had quadrupled 
in those 12 years. In the following 8 years, the debt went up again by 
another $1.4 trillion, so that at the end of President Clinton's term, 
the debt had gone up about one-third more, just slightly more than one-
third more. Then during the Presidency of the previous President, we 
saw the debt go from $5.4 trillion to $10.5 trillion as he left office. 
Then it went up almost double in just an 8-year period.
  Now there is concern since we have been in a recession for more than 
a year now, the first five quarters of which were clearly in the 
previous administration with the housing crisis, a deep recession with 
severe losses of jobs throughout the last year. They're continuing. 
This is a deep recession, but this is not a time to be cutting our most 
vulnerable people through this sort of action. This action is the wrong 
action to take. We will grow out of this over time. I urge defeat of 
the amendment.

                              {time}  1515

  I yield back my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Neugebauer).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. NEUGEBAUER. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the

[[Page H8649]]

amendment offered by the gentleman from Texas will be postponed.


             Part A Amendment No. 12 Offered by Mr. Stearns

  The CHAIR. It is now in order to consider amendment No. 12 printed in 
part A of House Report 111-219.
  Mr. STEARNS. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 12 offered by Mr. Stearns:
       At the end of the bill (before the short title) insert the 
     following:
       Sec. __.  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 25 percent.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Florida (Mr. Stearns) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. STEARNS. Mr. Chairman, my amendment is a little bit like Mr. 
Neugebauer's, pretty much straightforward. It freezes the 
transportation spending in the Transportation-HUD appropriations bill 
just simply at last year's level. Obviously with the economy 
contracting and unemployment rising, it's not responsible to 
drastically increase spending by almost $14 billion, and this 
represents a 25 percent increase over our current levels. This funding 
obviously does not even include the $62 billion that came from the 
stimulus act.
  So if the stimulus act funding is taken into account, even with the 
25 percent reduction that I am proposing, funding for the Department of 
Transportation and the Department of Housing and Urban Development 
would receive an increase of $48 billion over last year. And that's, of 
course, with the stimulus package.
  So think about this. You have this bill. You have the stimulus 
package, which adds additional money. So in a sense we're asking just 
to freeze the spending level at 2009-fiscal year level.
  You know, when you take a look at all the appropriations spending 
combined, funding for programs within this bill will have increased 146 
percent since the Democrats took over in the year 2007. This level of 
spending is simply unsustainable in the light of the Nation's growing 
deficits and the debt.
  Now, there's a lot of good programs in this bill that I strongly 
support, but increasing all these programs by 25 percent at a time when 
we're drowning in debt and experiencing the worst economic crisis in 
decades is simply unwise. For example, discretionary spending for the 
Department of Transportation is increased by $4.5 billion, or 27 
percent, including a 25 percent increase for the Office of the 
Secretary and a whopping 1,384 percent increase for the Federal 
Railroad Administration.
  The Department of Housing and Urban Development also receives an 
increase of $1.6 billion, or 3 percent, in discretionary spending, 
including a 100 percent funding increase for the HOPE VI program. The 
HOPE VI program, President Obama proposed that program to eliminate it.
  So approving this huge increase without doing anything about the 
budget disaster looming on the horizon obviously is only going to 
magnify the problems for this country. Families across my congressional 
district and across the country are having trouble. They are tightening 
their belts during this tough economic time. They don't have the luxury 
of an unlimited government credit card that allows them to simply throw 
borrowed money at every single problem they face. Instead, they have to 
set priorities and make tough spending decisions.
  So I don't think it is too much to ask Congress to do the same thing, 
and I say to my colleagues on that side, are your constituents getting 
a 25 percent increase over the last year? I don't think so.
  This Congress and President Obama continue to ignore the fact that 
this reckless spending will bury our children and our grandchildren 
under a mountain of debt. In fact, in a recent report, the nonpartisan 
Congressional Budget Office warned that excessive spending proposed by 
this administration and the Democrat leadership in Congress such as 
contained in this bill, as a good example, will drive the Department-
to-GDP ratio from 41 percent to a staggering 71 percent. You know, 
we're just doubling the national debt in 5 years. So we must hold the 
line, attempt to hold the line on spending and make sound budget 
choices that are sustainable and that do not rely on continued deficits 
and borrowing.
  Obviously, there's plenty of blame to go around, but here at this 
point we have an opportunity to stand up. We have a lot of work to do. 
I think this is a good amendment. I think we should start forward by 
simply passing my amendment, by saying that we should hold the line 
here and keep the spending under control.
  I urge my colleagues to support this.
  I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. I thank the gentleman for his amendment. The gentleman's 
amendment is actually slash-and-burn sort of squared, essentially, 
because it puts the whole pressure of the reduction--it's not as large 
a dollar reduction--but it is all focused deliberately and directly 
upon discretionary expenditure.
  And of course, when the gentleman points out that he is strongly in 
favor of a lot of the programs here, I'm sure that there are a few of 
those programs that are discretionary programs, perhaps not all of 
them, though I suspect that there are a fair number of programs that he 
doesn't particularly like and that are mandatory programs as well.
  So, again, we have here a very large cut in the budget that is 
proposed by taking 25 percent out of the discretionary programs, and 
the arguments would only be repetitious, and I don't mean to take 
people's time.
  I reserve the balance of my time.
  Mr. STEARNS. Mr. Chairman, how much time do I have?
  The CHAIR. The gentleman from Florida has 1 minute.
  Mr. STEARNS. I would say to my colleague from western Massachusetts, 
the beautiful country up there, you have in this bill, there's a 25 
percent increase for the Office of Secretary.
  I would ask my colleagues, are his constituents getting a 25 percent 
raise in western Massachusetts, you know, running from Springfield up 
to Deerfield across from Hatfield over to Amherst. I don't think 
they're getting a 25 percent increase.
  And if you look at the Federal Railroad Administration, it has a 
whopping 1,384 percent increase. So I would ask my colleague to address 
those two questions. Does he support a 25 percent increase for the 
Office of Secretary, and does he support a whopping 1,384 percent 
increase for the Federal Railroad Administration?
  I reserve the balance of my time.
  Mr. OLVER. We have in this legislation and in the Recovery Act 
earlier this year, we have added enormous additional responsibilities 
to both the Secretary of Transportation, our good former colleague, 
very popular former colleague, now-Secretary Ray LaHood, in order to 
administer those properly and do what they are told to do under the 
Recovery Act, to get all of those moneys out and moving. For instance, 
they have gotten some 300 applications thereabouts for the high-speed 
rail moneys, the high-speed rail and inner city passenger rail 
programs. You've got to have people to look at those programs, to 
assess them, to decide which ones are the better ones, to move the 
paperwork so that we will be able to actually have those projects out 
where they're going to get people to work as quickly as it's possible 
to do.
  And the same thing is true for the Federal Rail Administration. The 
Secretary's office has certain key responsibilities added to his. It is 
not nearly as much as the increase of responsibilities that has been 
given to the Federal Rail Administration, which is really where the 
first monitoring and the first assessment and grading of all of the 
projects that have come in is. It's an enormous program that is there, 
but it is part of what was expected to have to happen in order to make 
the high-speed rail and inner city passenger rail programs work.
  So I have no apology whatsoever for additional administrative 
assistance for making those things happen. If we

[[Page H8650]]

hadn't done that, we would have been killing the programs before they 
even could even get started, and that was not the purpose of the 
American Recovery Act in the first place.
  And again, I reserve the balance of my time.
  Mr. STEARNS. Mr. Chairman, I think the gentleman hasn't answered the 
question: Why a 1,384 percent increase for the Federal Railroad 
Administration?
  Another question he hasn't answered is, why is he increasing 100 
percent funding for the HOPE VI program, which the President of the 
United States, your President, said he proposed to eliminate?
  I reserve the balance of my time.
  The CHAIR. The gentleman's time has expired.
  Mr. OLVER. How much time do I have?
  The CHAIR. The gentleman from Massachusetts has 1\1/2\ minutes.
  Mr. OLVER. Well, I will simply say on that one that the President 
actually proposed a totally new program which had not been authorized 
at the $250 million level. We, instead, decided because it was not 
authorized that we would leave it to authorization, and it was somewhat 
similar. It was in some ways an expansion of the HOPE VI program and 
alteration of the HOPE VI program, he would say quite significant 
alteration of that program, for a $250 million program.
  Instead, we put that money that he had requested into the HOPE VI, 
which we had in this Chamber, perhaps without the gentleman's vote, we 
had reauthorized last fall but hadn't been acted upon by the Senate. It 
will be, again, acted upon by the House later this year, and there will 
be a reauthorization, I would guess, within this year for the HOPE VI 
program, and that's where the money has been placed.
  I yield back my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Florida (Mr. Stearns).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. STEARNS. 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 Florida will be postponed.


             Part A Amendment No. 13 Offered by Mr. Turner

  The CHAIR. It is now in order to consider amendment No. 13 printed in 
part A of House Report 111-219.
  Mr. TURNER. I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part A amendment No. 13 offered by Mr. Turner:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available in this Act may 
     be used to establish, issue, implement, adminster, or enforce 
     any prohibition or restriction on the establishment or 
     effectiveness of any occupancy preference for veterans in 
     supportive housing for the elderly that (1) is provided 
     assistance by the Department of Housing and Urban 
     Development, and (2)(A) is or would be located on property of 
     the Department of Veterans Affairs, or (B) is subject to an 
     enhanced use lease with the Department of Veterans Affairs.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Ohio 
(Mr. Turner) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. TURNER. Mr. Chairman, this amendment is a pro-veteran amendment 
that would prohibit HUD funds from going toward enforcing regulations 
against a veteran's preference in HUD financing or HUD-financed housing 
that is built on a VA campus or is using a VA-enhanced use lease.
  This issue came to light in the Third District of Ohio because of a 
conflict between HUD rules and regulations and VA rules and 
regulations. In Dayton, Ohio, the St. Mary's Neighborhood Development 
Corporation has been attempting for several years to construct senior 
housing on the campus of the Dayton VA Medical Center.
  St. Mary's was able to obtain an enhanced-use lease from the VA to 
construct the housing on the Dayton VA campus. They were also able to 
obtain HUD section 202 funding that would allow for the financing of 
the construction for low-income senior housing. So we have VA providing 
the land and HUD providing funding, both VA and HUD agreeing that this 
would be an excellent project to help us respond to homeless veterans, 
to provide low-income housing for veterans, and also to respond to the 
needs of seniors in the community.
  However, HUD has previously asserted that St. Mary's may not be able 
to use these critical dollars if the VA lease requires a specific 
preference for veterans to occupy the proposed facility on the VA 
grounds. HUD has prohibited a preference given to veterans housing in 
this facility on the Dayton VA campus. The VA rules and regulations 
require that the VA assert and request a preference for that housing to 
be built on their campus.
  This amendment seeks to solve this issue by prohibiting funds in the 
bill to allow HUD to enforce their restriction against a preference for 
veterans. This is good for seniors, and this is good for veterans.
  I reserve the balance of my time.

                              {time}  1530

  Mr. OLVER. Mr. Chairman, I claim time in opposition, though I am not 
opposed.
  The CHAIR. Without objection, the gentleman from Massachusetts is 
recognized for 5 minutes.
  There was no objection.
  Mr. LATHAM. Would the gentleman yield?
  Mr. OLVER. I would yield to the gentleman.
  Mr. LATHAM. I certainly would support the gentleman's amendment also.
  Mr. TURNER. I appreciate their support.
  I'm happy to yield back the balance of my time.
  Mr. OLVER. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Ohio (Mr. Turner).
  The amendment was agreed to.


             Part A Amendment No. 14 Offered by Mr. Rangel

  The CHAIR. It is now in order to consider amendment No. 14 printed in 
part A of House Report 111-219.
  Mr. RANGEL. 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:

       Part A amendment No. 14 offered by Mr. Rangel:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds made available in this Act may 
     be used to implement or enforce the requirement under section 
     12(c) of the United States Housing Act of 1937 (42 U.S.C. 
     1437j(c); relating to community service).

  The CHAIR. Pursuant to House Resolution 669, the gentleman from New 
York (Mr. Rangel) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. RANGEL. Mr. Chairman, I'm joined in this amendment by Mr. Frank 
of Massachusetts, Ms. Waters of California, Mr. Watt of North Carolina; 
and what it actually does is to prohibit the implementation of the 
Public Housing Community Service requirement that those people who live 
in public housing are required to put in a certain number of community 
service hours.
  Nowhere do we have where people who find themselves in public housing 
have to be mandated to do certain hours of volunteer work. Indeed, 
there's no funds available to enforce this mandate.
  The housing authority in the city of New York and other housing 
authorities around the country think this is a worthless addition and 
vindictive that is put into the bill.
  It does not require section 8 and other people who are recipients of 
public housing to do this. We have been successful in having it 
delayed. It should be repealed. We just have not got around to 
reviewing the entire legislation.
  It's not effective. It's not working. It's really an insult to people 
who donated so much to their country and their community who find 
themselves in need of housing subsidy, to be mandated, more or less, to 
provide public service when those people who are able to do volunteer 
work are doing it anyway.

[[Page H8651]]

  So I reserve the balance of my time.
  Mr. LATHAM. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from Iowa is recognized for 5 minutes.
  Mr. LATHAM. The purpose of the service commitment was sound at the 
time, and it still is. Residents were asked to participate in making 
their community better, improve the social interaction, and provide 
services for their communities including day care, education, after-
school monitoring, and facility management.
  No one that is unable to participate is penalized, whether elderly, 
students, working parents, or any other of a long list of exemptions 
that are allowable under the law.
  The intent is not to make people work for their money. It's to ensure 
that those who live in the community participate in keeping it safe, 
sanitary, affordable, and a vibrant community. This is what we ask of 
ourselves and our neighbors.
  For those who do participate, flexibility is the centerpiece of the 
requirement. Residents have great flexibility over what service is 
provided and when it's provided. Every attempt is made to ensure that 
the services of the parent can be made to benefit the children or the 
elderly citizens living in the authority.
  Keep in mind, we're only talking about 8 hours a month. Eight hours a 
month. This is not a hardship.
  It has provided a great benefit to each housing authority where it's 
been actively implemented. If this requirement is removed, those 
services will be lost because every indication from the housing 
authority leadership indicates that there are no funds to replace the 
services now being provided by those residents.
  One of the arguments I've heard is that it's hard on the PHAs to 
administer the program. This is just ridiculous. Authorities receive 
millions in Federal funds each year to administer Federal requirements, 
and if the service is lost, I don't see anyone proposing to reduce the 
administrative funds provided in this bill. PHAs receive funds for 
federally required activities, and they should use them for those 
purposes.
  Frankly, I think it's a requirement that should stay in place and is 
no more than what we all require of ourselves and our communities. When 
I go home it would be pretty hard to explain to my voters that 8 hours 
a month is just too great a burden to ask in order to ensure that their 
investment in the well being of the people and property is sustained.
  I reserve the balance of my time.
  Mr. RANGEL. How much time do I have remaining?
  The CHAIR. The gentleman has 3\1/2\ minutes remaining.
  Mr. RANGEL. I yield 1 minute to the gentleman from Massachusetts (Mr. 
Frank).
  Mr. FRANK of Massachusetts. I thank the chairman of the Ways and 
Means Committee for his leadership on this issue, which has been 
sustained.
  The question is not whether or not we should be working to see that 
public housing residents require the skills, et cetera, that will help 
them, but how to do it.
  The community service requirement is a slapdash, honored in the 
breach. It's a mandate resisted and resented by the people who have to 
administer it. We have in the bill that we voted out of committee today 
by a large vote, bipartisan vote, the reform of the voucher system, 
which both the public housing and for vouchers includes the Moving to 
Work program, which is a sophisticated and balanced way to do this and 
provides funding for it.
  Those who administer public housing want to do that. They want to 
help people do this. But imposing on them the requirement to do work, 
imposing on people who are already underfunded the obligation to 
mandate whether every public housing resident is doing 8 hours of leaf 
raking and snow shoveling doesn't help anybody. It advances nothing. 
And it gets in the way of efficient administration.
  We will do this the right way. And this is the wrong way, according 
to everyone who has been involved in a serious way with it.
  Mr. LATHAM. I would yield 2 minutes to the gentleman from Ohio (Mr. 
LaTourette).
  Mr. LaTOURETTE. I thank the chairman and I thank Mr. Latham for 
yielding. I rise in opposition to this amendment. I was glad to hear 
the chairman of the full Financial Services Committee address this 
issue, because I was on that committee for 12 years. We've had this 
debate, and it's lasted hours and hours and hours.
  And I will just indicate I'm glad he's moving new legislation, but I 
would note that two of the cosponsors of this amendment, the full 
committee chairman and the subcommittee chairman in charge of this 
particular issue, and if there's a problem with the service 
requirement, I hope they're going to fix it. He said he has.
  Secondly, on March 31 of this year, we passed the Edward M. Kennedy 
Serve America Act, H.R. 1388. The President believes in community 
service. I assume anybody that voted for the act believes in community 
service. I know I did. And we are going to encourage community service.
  As Mr. Latham indicated, this is 2 hours a week, 8 hours a month. I 
would accept the argument that some have made on the other side that 
this is taking a slap at people who are in a position to require public 
assistance for housing; but I would suggest that when we are just 
bailing everybody out, when we give billions of dollars to people on 
Wall Street, over my objection, for horrible business decisions in the 
subprime market and the securitization of mortgages, when we have given 
billions of dollars to car executives, automobile executives who have 
not reformed their business practices in 30 years and now find 
themselves to be bankrupt, when we have bailed out people that 
purchased homes they had no business purchasing because they could 
never afford it based upon their means, I would suggest we go in the 
direction not of removing this requirement, but let's put community 
service on the Wall Street bankers.
  Let's put it on the guys that run General Motors and Chrysler. Let's 
put it on the people that have purchased homes and have thrust this 
Nation into debt.
  Mr. FRANK of Massachusetts. Would the gentleman yield?
  Mr. LaTOURETTE. I'm happy to yield.
  Mr. FRANK of Massachusetts. I must have misplaced the bill. Should I 
look for a number that I hadn't seen? If the gentleman wants to do it, 
why haven't you?
  Mr. LaTOURETTE. I appreciate the gentleman's question. I would just 
say since the majority resumed this 111th Congress, almost every rule 
that's come to the floor has been closed.
  Mr. FRANK. Would the gentleman yield again?
  Mr. LaTOURETTE. I'd be happy to yield.
  Mr. FRANK of Massachusetts. The gentleman offered a resolution to the 
committee I chair. We passed it out unanimously. The gentleman knows he 
has always gotten a fair hearing in our committee. But I can't listen 
to what he doesn't say.
  Mr. LATHAM. May I inquire as to how much time remains.
  The CHAIR. The gentleman has 30 seconds remaining.
  Mr. LATHAM. I would yield 30 seconds to the gentleman from Ohio.
  Mr. LaTOURETTE. I would just say to the gentleman, I praised the 
gentleman on the floor for voting that Resolution of Inquiry out 63-0. 
I would also note that the distinguished majority leader of the House, 
although you took that action more than 3 weeks ago, has yet to 
schedule that bill for activity on the floor.
  Mr. FRANK of Massachusetts. Would the gentleman yield? He wouldn't be 
in charge of the other one. You and I can work it out. So come to me 
about Wall Street and we'll make a deal.
  Mr. RANGEL. I yield 1 minute to the gentleman from Massachusetts (Mr. 
Capuano).
  Mr. CAPUANO. Mr. Chairman, this isn't about community service. 
Community service is something you do voluntarily, something you sign 
up for. Indentured servitude is when you are told this is what you will 
do because you are getting something from the government.
  Now, if that's what you want to do, that's fine with me. I like the 
idea of Wall Street people doing it. I also like the idea of little 
children who are getting free lunches, let's get them to work. And 
don't forget the senior citizens in senior housing. Let's get them

[[Page H8652]]

to work. They can do a lot. And let's not forget the farmers who get 
agricultural subsidies to the tune of hundreds of thousands dollars. 
Let's get them to work.
  Not ask them, not encourage them. Let's demand it. And let's do it on 
the basis of how much they earn. Because my guess is if you're talking 
about poor people in public housing--first of all, I wouldn't vote for 
8 hours a month, 8 hours a year, or 8 minutes in a year. It's 
indentured servitude no matter how you slice it.
  Now, I know early America was built on the back of indentured 
servitude. I know that. Most of the ancestors of the people in room 
were indentured. At one time in this country, about two-thirds of the 
people in America were.
  It's wrong. We stopped it. We can't let it go on today.
  Mr. RANGEL. Mr. Speaker, I say this to my Republican friends that I 
sincerely wish we had a better balance of parties in this House and in 
this country. I sincerely wish that the things that we were debating 
would not be the rich against the poor, but it would be what we could 
do collectively to make this a stronger country, better educated, 
better health care, things that we can do to secure us.
  It would seem to me that when issues like this come up, that 
America--you can bet your life--that the minority party, if it concerns 
the poor, if it concerns people that need some help, if it concerns 
health, if it concerns education, we can almost depend that they would 
be walking lock-stock in opposition.
  Some of the reasons that they give would appear to be meritorious. 
But why is it that we always find the opposing party wanting to 
penalize, wanting to punish, and wanting to show that they have no 
compassion for those Americans who are less fortunate than themselves?
  I do hope that we can find some middle ground, not just to punish the 
Wall Street activists, which clearly that's rhetorical; but that we can 
find some way that we can offer something so that the Republican Party 
would be able to get rid of this terrible stigma they have somehow 
thrust on them, that if it means compassion, if it means energy, if it 
means giving a hand out and a hand up, that we can depend on their 
support.
  The CHAIR. The question is on the amendment offered by the gentleman 
from New York (Mr. Rangel).
  The amendment was agreed to.
  The CHAIR. It is now in order to consider amendments printed in part 
B of House Report 111-219.


              Part B Amendment No. 1 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated 
as No. 1 in part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 1 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds in this Act under the heading 
     ``Federal Aviation Administration--Grants-in-Aid for 
     Airports'' shall be available for the Terminal Replacement 
     project at Grand Forks International Airport in Grand Forks, 
     North Dakota, and the amount in the first proviso under such 
     heading is hereby reduced by $500,000.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from 
Arizona (Mr. Flake) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. This amendment would prohibit $500,000 from going to the 
Grand Forks International Airport in Grand Forks, North Dakota, and 
would reduce the overall cost of the bill by a commensurate amount.
  This is money going to an airport terminal. Yet we're told that the 
funds that are being earmarked from this Airport Improvement Program 
account of the bill, this is a widely used competitive grant program 
that others can apply for grants from. The Competitive Grant Program 
stipulates later that the funds can't generally be used for terminals 
or terminal improvements.
  So the biggest question here, I guess, is why in the world we're 
designating money from this account that is an account for competitive 
grants to be received by applicants, why we're designating it as an 
earmark to an airport terminal that typically falls outside of the 
purview of the funds in this account.
  I hope the sponsor can illuminate on that subject.
  And I reserve the balance of my time.

                              {time}  1545

  Mr. POMEROY. Mr. Chair, I rise to claim time in opposition to the 
amendment.
  The CHAIR. The gentleman from North Dakota is recognized for 5 
minutes.
  Mr. POMEROY. I salute my colleague Mr. Flake for, once again, his 
vigor in trying to raise questions relative to spending. Certainly, 
these are public assets we're talking about, and it's a fine thing to 
have a discussion in the full light of day here in the House of 
Representatives for each and every line item, including a $500,000 
issue that has been raised relative to the Grand Forks airport 
terminal. I, as a Representative of Grand Forks, am proud to give the 
details relative to what is an extremely important project for North 
Dakota.
  Airport improvement moneys in North Dakota typically run through the 
North Dakota Aeronautics Commission. I would submit into the Record a 
letter from the North Dakota Aeronautics Commission relative to their 
support of this project as the first priority.
  Mr. Flake has raised the question in terms of whether airport 
improvement money raised is used for terminals. Most of it isn't, some 
of it is. I have a chart here that shows about 12 percent, nearly 13 
percent is used for terminals, and I would wager that nearly every 
Member of the Chamber has some evidence of airport improvement grant 
money being used for terminals.
  Now, why would it be used for terminals when principally its 
direction is elsewhere? Because each of us is encountering, in our 
districts, situations where the terminals, frankly, get beyond repair 
and must be attended to on a priority basis for the needs of the 
general public. The conditions of this airport are truly, deeply 
problematic. They involve issues of safety.
  Under the present layout of the airport terminal relative to the 
tower, a line of sight is actually blocked by virtue of how they're 
forced to use the terminal. Believe it or not, the Grand Forks 
International Airport is the 22nd busiest airport in the country. You 
might think, How can that possibly be? Well, we're proud to host the 
University of North Dakota pilot training programs under the John 
Odegard School, one of the truly elite university-based pilot training 
programs in the country, with enrollment well over 1,000 students. They 
place a tremendous traffic burden on what would otherwise be a small 
airport facility.
  So safety issues really matter, especially considering the fact that 
you have got a lot of inexperienced pilots doing their training at this 
particular facility.
  We have issues of public safety. Severe inundation of basement areas 
resulting in everything from mold to threatened mechanical equipment, 
sump pumps running around the clock. Again, for a fairly substantial 
major facility, these are pitiful problems for a facility that 
desperately need to be addressed.
  We have security issues by the TSA screening equipment linked to 
equipment in this basement area. We have ADA code deficiencies. One 
might ask, Well, is there a cheaper thing you can do than build a new 
terminal? A major renovation triggers addressing all of the ADA 
deficiencies in the building. That involves a massive amount of money.
  The Aeronautics Commission, the experts in North Dakota on this, 
believed it was essential to address in this fashion. Passenger load 
this year up 11 percent over '08. It is an airport that continues to 
grow. It is a facility that needs to be done.
  So I thank Mr. Flake, my friend, for giving me the chance to explain 
these aspects of it. I stand here prepared to answer any questions the 
gentleman may have.

                                           North Dakota Aeronautic


                                                   Commission,

                                       Bismarck, ND, Apr. 3, 2009.
     Congressman Earl Pomeroy,
     U.S. Senate,
     Washington, DC.
       Dear Honorable Congressman Pomeroy: The North Dakota 
     Aeronautics Commission has reviewed the 2010 FAA Airports 
     Improvement Program. In priority order, we ask that

[[Page H8653]]

     the following airports be given strong consideration of FAA's 
     Discretionary Grants:
       1. Grand Forks International Airport--Construct a two level 
     air passenger terminal capable of boarding jet and regional 
     aircraft. The building is designed for energy efficiency, 
     improved circulation of safety and security screening, and 
     future expansion if necessary. Total cost in 2010 is 
     $11,840,632 with FAA share at $9,264,744. The state share is 
     estimated at $500,000 and local share at $791,499.
       2. Devils Lake Regional Airport--Construct Runway 13 
     extension, improve safety area, relocate perimeter road, 
     relocate Rwy 31 ILS system, and construct parallel taxiway. 
     In 2010, the total cost is $6,000,000 with FAA share at 
     $5,700,000. State and local share is $150,000 each.
       3. Minot International Airport--Reconstruct Taxiway C and 
     purchase Snow Removal Equipment. In 2010, the total cost is 
     $2,152,631 with FAA share at $2,045,000. The state and local 
     share is $53,816 each.
       4. Wahpeton Harry Stern Airport--Reconstruct Runway 15/33, 
     taxiways, apron and lighting system including safety area 
     improvements. In 2010, the total cost is $7,368, 421 with FAA 
     share is $7,000,000. The state and local share is $184,421 
     each.
       These projects are ready to be constructed with the FAA 
     2010 allocations. We appreciate your support of FAA funding 
     for enhancing safety with these proposed improvements at 
     these North Dakota airports.
           Sincerely,
                                                      Mark Holzer,
                                                 Interim Director.

  I reserve the balance of my time.
  Mr. FLAKE. I thank the gentleman for the explanation. I hope the 
reason the airport is so busy is that so many people from North Dakota 
are coming to Arizona in the wintertime at least, but, unfortunately, 
they go back in the summertime.
  I'm not questioning the need for renovations to the terminal. In the 
research we did, we found there--they said, The terminal has serious 
mold problems and other things that are a danger to employees and to 
travelers. That is not what is the question here.
  The question is--and we have this question with virtually every 
appropriations bill that we now deal with--is that we appropriate money 
to the various agencies, and we'll instruct them to establish a 
competitive grant program to distribute the moneys to worthy 
recipients. Then the folks at home in the municipal airports or States 
or whatever district they're in will decide that they want to apply for 
these funds, increasingly over the last couple of decades.
  I'm not blaming Democrats. Republicans are just as guilty of this, 
but we have earmarked those accounts that we have told the agencies to 
establish. In this particular case, this earmark is taken from an 
account that is supposed to be competitively offered, and grants are to 
be awarded on a competitive basis on the basis of merit.
  But what happens--and we talked about this a few weeks ago with 
another big grant program, this one with regard to flood chrome 
districts in the Homeland Security bill. The problem is the folks at 
home in all of our districts want to apply for these moneys, and when 
they apply for these moneys, they find that sometimes half of them or 
75 percent or all of the moneys in that account are gone because 
particular Members, largely on the Appropriations Committee or other 
powerful Members, have gotten earmarks to take those funds before 
anybody can apply for them.
  Now, I would submit that if we don't like the way the agencies are 
distributing this money, let's change it. Let's not grant them that 
money. Let's do it differently. But let's not set up a competitive 
grant program, an account at an agency, or instruct them to, and then 
circumvent it ourselves. That, unfortunately, is what we see all too 
much of, and that's what we have, it seems to me, an example of here.
  I reserve the balance of my time.
  Mr. POMEROY. The gentleman has stated his case well, but he's 
shooting at the wrong target this time. I'm not going to stand here and 
say every dollar in the appropriations process is perfectly directed. 
Nothing is perfect. I believe that the steps that we have made--
certainly to address some of the concerns raised by my friend from 
Arizona--have helped bring transparency to this process where all this 
business is conducted in the full light of day.
  I've got a problem with the appropriation at issue. It's not nearly 
big enough. We saw $2 million. We have got $500,000 for a project that 
is going to cost $22 million.
  The CHAIR. The time of the gentleman from North Dakota has expired. 
The gentleman from Arizona has 1\1/2\ minutes remaining.
  Mr. FLAKE. I thank the Chair.
  Like I said, I don't think the appropriations process--you can never 
have a perfect process anywhere you go, but I would submit that when 
you have literally thousands and thousands and thousands of 
congressional earmarks, many of which are earmarking programs that we 
have instructed the agencies--earmarking moneys that we've instructed 
them to establish a competitive grant program for, then we have a 
problem. If we don't like the way the agencies do it, let's change 
that. We control it because we control the purse. But let's not run a 
parallel program that turns into really a spoils system.
  With that, I urge adoption of the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.


              Part B Amendment No. 4 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I have an amendment at the desk, designated 
as No. 4 of part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 4 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Housing and Urban Development--
     Community Planning and Development--Community Development 
     Fund'' shall be available for the Murphy Theatre building 
     renovation project of the Murphy Theatre Community Center, 
     Inc., in Wilmington, Ohio, and the aggregate amount otherwise 
     provided under such heading (and the portion of such amount 
     specified for Economic Development Initiative grants in the 
     second paragraph under such heading) are each hereby reduced 
     by $250,000.

  The CHAIR. Pursuant to House Resolution 669, 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 thank the Chair.
  This amendment would prohibit $250,000 in funding for the Murphy 
Theatre Community Center, Inc. for building renovation, and it would 
reduce the cost of the bill by a commensurate amount.
  According to the sponsor's Web site, funding would go to the complete 
renovation of the Murphy Theatre. The theater is a focal point of 
downtown Wilmington, Ohio. It's 90 years old and has been in constant 
use since it opened. It's now in need of major rehabilitation.
  According to the Murphy Theatre Web site, the theater was built by 
the shrewd Chicago Cubs owner Charles Webb Murphy in 1918, and ``When 
he built the Murphy, he owned his hometown,'' it says. Mr. Murphy has 
his name painted on the theater's rear large wall, enough to be seen 
from the railroad tracks, and when the town druggist questioned the 
town's financial viability, he was quoted as saying, ``Dan, that's not 
an investment, that's a monument.'' That sounds like a great theater.
  I think many districts and towns across this country have something 
similar. The question here is, should the Federal taxpayers' moneys, 
should the taxpayers in the State of Washington or Wisconsin or Arizona 
or Alaska or elsewhere be sending their hard-earned tax dollars to 
Washington to be earmarked to renovate a theater in Ohio?
  With that, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Chairman, I rise to claim the time in opposition.
  The CHAIR. The gentleman from Ohio is recognized for 5 minutes.
  Mr. LaTOURETTE. Mr. Chairman, I want to yield as much time as he may 
consume to my good friend and colleague from Dayton, Ohio, Mike Turner, 
the sponsor of this particular provision in the law, to answer the 
gentleman from Arizona's question.

[[Page H8654]]

  Mr. TURNER. Thank you, Mr. LaTourette. I appreciate you yielding time 
to me.
  Wilmington, Ohio, is in my congressional district, and it has seen a 
number of challenges over recent years. Of course, all across the 
country we are all experiencing the economic downturn, but 
specifically, in Wilmington, Ohio, they are experiencing the closure of 
DHL's North American hub, which was located there. The closure of DHL's 
operations will result in the loss of approximately 8,000 jobs, mainly 
in Clinton and Highland Counties in my district.
  As a result, the Ohio delegation has sought increased Federal 
assistance to help the community as they recover from this economic 
emergency. The Ohio delegation has been successful in acquiring Federal 
dollars to help retrain former DHL employees and also help to create an 
economic development plan to move the community forward with possession 
of the Wilmington Airpark. Additionally, I have sought congressional 
earmarked funding for Wilmington projects which are needed, especially 
given their special economic circumstances.
  The 91-year-old Murphy Theatre in Wilmington, Ohio, is both a local 
landmark and a community center that still hosts a wide range of 
events. The Murphy Theatre, which opened in 1918, was placed on the 
National Register in 1982, and the Murphy Theatre soon became the 
actual, as well as symbolic, heart of the downtown. The Murphy even 
hosted a John Philip Sousa concert. Today the Murphy Theatre hosts an 
average of 35 events a year, serving approximately 6,000 adults and 
4,000 children.
  Funding for this project will provide critical infrastructure 
assistance to ensure the viability of this local landmark. In addition 
to air conditioning and heating replacement, the Murphy Theatre needs 
roof repair, new auditorium seating, and interior plasterwork repairs 
from damage sustained from the leaky roof.
  Wilmington hasn't the funds to perform even basic repairs to 
stabilize the condition of this American landmark. This funding request 
is vital to protect a historic treasure and also to ensure that it 
continues to meet strong local demand as a community center for 
entertainment and town activities.
  Mr. Chair, I submit for the Record copies of letters in support of 
the project from David Raizk, the mayor of Wilmington; Randy Riley, a 
Clinton County commissioner; and Donny Mongold, the president of the 
Murphy board of trustees.


                                       The City of Wilmington,

                                  Wilmington, Ohio, July 22, 2009.
     Re Murphy Theatre Restoration Assistance--$250,000.
     Hon. Michael Turner,
     Longworth House Office Building,
     Washington, DC.
       Dear Congressman Turner: I am writing today in support of a 
     federal appropriation for $250,000 for the Murphy Theatre in 
     Wilmington, Ohio. For many years the historic Murphy Theatre 
     has struggled with the need to replace the HVAC system and 
     restore the building to modern standards. The Murphy Theatre 
     Board has done an excellent job at maintaining the facility 
     but are now at a point where major renovations must occur. In 
     the heart of the downtown business district, the Murphy 
     Theatre is one of our anchor businesses. This funding will 
     make it possible for the Murphy to serve that key role for 
     many generations to come and will help keep the heart of 
     downtown Wilmington vibrant for our citizens, visitors, and 
     other businesses.
           Sincerely yours,
                                                   David L. Raizk,
     Mayor.
                                  ____



                                  Clinton County Commissioner,

                                  Wilmington, Ohio, July 22, 2009.
     Hon. Michael Turner,
     Longworth House Office Building,
     Washington, DC.
       Congressman Turner: Thank you for all you do for our 
     community and especially for the work you are doing to obtain 
     funding for the Murphy Theatre in downtown Wilmington.
       As you are aware, this classic old theatre is a central 
     fixture in our community. We see the Murphy Theatre as the 
     centerpiece in the redevelopment of our downtown core.
       Unfortunately, because of the lack of air conditioning it 
     is often impossible to use the theatre in the summer and, 
     with the old system, it is very expensive to heat the 
     building in the winter.
       With your help and with the assistance of others in 
     congress, we can solve this problem by allocating funds to 
     fix the heating and air conditioning system in this 
     beautiful, old theatre.
       Preserving this historical theatre and improving it for 
     continued community use is a very appropriate use of the 
     $250,000 appropriation.
       As always, please do not hesitate to contact me for more 
     information on this outstanding project.
           Sincerely,
                                                      Randy Riley,
     Commissioner.
                                  ____



                                           The Murphy Theatre,

                                  Wilmington, Ohio, July 22, 2009.
     Mr. Joe Heaton,
     Washington, DC.
       Dear Mr. Heaton: The Murphy Theatre has been a historic 
     icon of our City since being built in 1918. Many decades of 
     folks have visited our theatre to watch movies, catch a live 
     stage performance, hold an important community meeting, watch 
     or participate in our annual Murphy community Christmas show 
     or watch a county school musical performance.
       This beautiful Murphy Theatre is a vital part of our 
     community. We would like for future generations to enjoy the 
     theatre as well as the history which accompanies it.
       The boiler system which heats the Murphy is some fifty plus 
     years old. It is old and unreliable, not to mention the high 
     cost to operate and maintain this worn out system. We are in 
     need of a new efficient updated heating and air system. Our 
     survival depends on replacing this boiler as well as needing 
     other capital improvements (i.e.; roof repair).
       I respectfully request and highly support funding to help 
     us keep this vital historic icon alive and well in our 
     community for decades to come.
       Thank you,
           Sincerely,
                                                 Danny W. Mongold,
                              President, Murphy Board of Trustees.

  Mr. Chair, this amendment by Mr. Flake will not save one Federal 
dime. This community will lose important funding to support a local 
landmark while they recover from the loss of over 8,000 jobs.
  Mr. LaTOURETTE. I reserve the balance of my time.
  Mr. FLAKE. I thank the Chair. I thank the gentleman for that 
explanation. That sounds like a wonderful theater. As I mentioned, I 
think we all have them in our districts.
  My own hometown of Mesa a few years ago decided to construct a 
theater, and it was a hard-fought process to get the local residents to 
tax themselves to build this particular theater. That's as it should 
be. If the community feels that it needs a theater and it needs to 
renovate a theater, I think it falls on the local residents to decide, 
because they are the ones, frankly, that benefit from that.
  But we can't have a policy at the Federal level where we renovate 
every theater across the country, particularly while we're running a 
deficit that could hit $2 trillion this year. How many theaters out 
there are in need of repair? How many districts are experiencing high 
unemployment? I can tell you mine is. All of them out there are.

                              {time}  1600

  At some point I think we have to decide that perhaps we can't fully 
fund this account, which is for economic development initiatives. Now, 
I won't make the case at all that this theater doesn't fall within the 
purview of this program. There is nothing that could possibly not fall 
under the purview of economic development initiatives. Whenever you 
spend money anywhere, there is some economic benefit, if only fleeting. 
So it fits well within the program, but I think it behooves us now to 
say you know, maybe we ought to forego that. Maybe we ought to decide 
we ought to change the 301(b)s and the 302(a)s and all of the numbers 
so we do save money on this, so we do actually spend less this year 
than we did last year, perhaps, because we're spending it elsewhere.
  We cannot continue to spend money as we're spending money, and I 
would submit this is a good place to start to say let's not fund some 
of these renovations of theaters under the guise of economic 
development that clearly anything could fall under and virtually every 
district around the country could claim that they need. But we just 
can't decide here in Congress we're going to fund that one and that one 
but not that one. It doesn't make sense to do it that way.
  Mr. LaTOURETTE. Can I ask how much time I have?
  The CHAIR. The gentleman from Ohio has 2\1/2\ minutes remaining.
  Mr. LaTOURETTE. Let me just say, the gentleman from Arizona, his 
amendment in this case is misguided and it, in my mind, exercises 
judgment that I hope not many in this House agree with.
  Mr. Turner has stated the case. You know, this business about the 
local

[[Page H8655]]

residents taxing themselves to build the theater. The local residents 
of Wilmington, Ohio, don't have jobs anymore. DHL pulled out in a town 
of, I think, 15,000; 8,000 of them lost their jobs. What are they 
supposed to tax?
  And also, if we are supposed to be elected--each of us represented by 
the 700,000 people, well, then what are we doing here? Why don't we 
just hand off the entire Federal budget and all of the decisions to the 
President of the United States and his functionaries? Why do we have a 
legislative branch? We have a legislative branch because we do have the 
power of the purse, and we are local representatives closest to the 
people that get put on the ballot every 2 years, the shortest term in 
the United States Constitution, so people could keep an eye on us, and 
if they don't like us, throw us out.
  Well, Mike Turner is supposed to stand up for the people in 
Wilmington, and the biggest need that he's found in Wilmington to fit 
this bill is to renovate this theater, which he has described as the 
heart and soul of Wilmington, Ohio, which has had its guts ripped out 
by this economy. High school graduations take place in this theater. It 
is a meeting place. The center of town. And if the duly elected 
representative to the United States House of Representatives from that 
area says that this is a need in this district, then by God, he should 
do it and the Constitution authorizes it.
  I urge a defeat of the amendment.
  I yield back.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.


              Part B Amendment No. 7 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I have an amendment at the desk designated 
as No. 7 in part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 7 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Housing and Urban Development--
     Community Planning and Development--Community Development 
     Fund'' shall be available for the construction of the 
     Triangle Building by Alianza Dominicana, Inc., in New York, 
     New York, and the aggregate amount otherwise provided under 
     such heading (and the portion of such amount specified for 
     Economic Development Initiative grants in the second 
     paragraph under such heading) are each hereby reduced by 
     $250,000.

  The CHAIR. Pursuant to House Resolution 669, 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 thank the Chair.
  Let me just comment on the last amendment that was offered. The 
gentleman mentioned that every Member here represents their own 
district, and they should advocate for their own district. Pretty soon, 
if that's the only standard we had, parochial interests would 
completely take over.
  It's like the debate we're having right now on the F-22 or on 
military base closures. Virtually every Member here has a military base 
in their district. That's why we had to, through the military base 
commissions, take that out of the hands of Members, because we simply 
couldn't shut down military bases when we needed to because there is a 
process called ``log rolling'' in this case, where if you get some 
money for a theater in your district, I'll take money for a baseball 
field in mine. You won't challenge my spending, and I won't challenge 
yours.
  That happens all too frequently in this case, and that's why you 
would hope that you have enough people who say, You know, I could get 
money for a baseball field in my district, but by golly, that will make 
us run a deficit that we can't sustain over time. And that's why I 
would hope that you would have people here to make decisions and say we 
can't fund every district in the country. So maybe we shouldn't have an 
account that allows Members to simply earmark wherever they will.
  I would submit that that applies to this as well. This amendment 
would prohibit a quarter of a million dollars from going to Alianza 
Domenicana, Incorporated, for a construction of a new headquarters in 
Manhattan. According to the sponsor, these funds would be for a capital 
grant toward the development of the Triangle Bridge, which is a 48,000, 
six-story mixed use development currently being constructed that will 
house for-profit business and nonprofit community services.
  I reserve the balance of my time.
  Mr. RANGEL. I rise to claim the time in opposition.
  The CHAIR. The gentleman from New York is recognized for 5 minutes.
  Mr. RANGEL. Thank you, Mr. Chairman.
  Well, judging what the attitude of the gentleman from Arizona 
believes is national, Federal, or something that should make us proud, 
I am a little reluctant to debate with him because he has a different 
idea than I and other Members have.
  But I can tell you this: That in the great City of New York, we had 
immigrants come from all over the world. We have Chinatown, we have 
Little Italy, we have the Lower East Side, we have the Jewish 
community. But we also have a place called Washington Heights, and in 
my opinion, that's where the Statue of Liberty should be, because so 
many groups came there, raised their kids there and moved to other 
parts of the city and the country: the Irish, the Italians, Jews, 
Catholics. But somehow the Dominican Republic is the last one that's 
had its people come to New York and to America for a better way of 
life. Unlike most ethnic groups, they didn't have their own Murphy 
theater, they didn't have a place to go to. They didn't have museums, 
they didn't have a cultural center. And so it was the community that 
got together with the not-for-profits. We went to our mayor, we went to 
our governor, and they came to me. So it was the city, the State and 
the Federal Government that said, We should anchor a place of culture 
where kids can go after school, where we have sports, gymnasiums, 
poets, health care, and some place where the Dominicans can say that in 
a great country and in a great city and in a great community, they had 
a place anchored.
  So they brought all of these not-for-profits together. We were able 
to raise money from the private sector, the property was given to us by 
the city, and we were very, very excited and hoped there would be a 
place where every Member of Congress, when they have a chance to visit 
the great city of New York, will say, Show me your city. And we'll take 
you straight to Alianza Dominicana, and show you that this is the 
quality of beauty, of culture, that we would hope that you would enjoy 
as we have so many other centers and museums that we would attempt to 
show off.
  I would want my country and this Congress to be a part of that, and 
that's why I proudly support this allocation for that purpose.
  I reserve the balance of my time.
  Mr. FLAKE. I thank the sponsor of the earmark.
  But let me just say the problem with accounts like this, these 
economic development initiatives, as I said, is a catch-all term and it 
seems to act as an account that Members can simply earmark. But here's 
what happens with the earmarking process. We're told in very 
highfallutin terms all the time about how Members of Congress know 
their districts better than those darn bureaucrats over in the 
agencies. And I can show you here what happens when you have that 
attitude. Apparently, only the powerful Members in this body--either 
those who are on the Appropriations Committee, which makes up 14 
percent of this body, just under 14 percent, or if you include chairmen 
and ranking minority members--powerful committees in leadership. That 
takes it up to just under 24 percent.
  But if you look here, here's the appropriations process this year. We 
have the numbers for all of the bills now, finishing with defense.
  But if you look here in virtually every case, that small percentage 
of under 25 percent takes the bulk--in some cases, in some bills up to 
70 percent--of the dollar value of the earmarks.

[[Page H8656]]

  And so this notion that Members know their districts best, that those 
halfwit bureaucrats, they don't know what they're doing so we have to 
earmark those funds because they won't allocate them on the basis of 
merit, well, this is what occurs. This is what--I don't know how else 
to refer to it--but a spoil system where the Appropriations Committee 
and other powerful Members say this is where the dollar should go.
  In this bill, I would commend those involved in this bill, 24 percent 
of the body is only taking 46 percent of the dollar value of the 
earmarks. That's the lowest total in any of the bills that we've dealt 
with this year. Next week we will be dealing with the defense, where we 
will be up to 58 percent.
  So before we believe the rhetoric, it's just the Members working 
their will here and every Member has a right to represent their 
district, somebody would have to explain why certain Members get to 
represent their districts so much better than other Members year in and 
year out.
  Again, as I said, if we don't like how the agencies distribute this 
money, we should tell them they have to change it. But we can't simply 
run a parallel program and say, All right. We're going to earmark these 
dollars. And in this case, it sounds like a wonderful program in New 
York. I'm not questioning the merits of it at all. I'm questioning why 
we're doing it by earmark. Why doesn't that program, those involved 
couldn't apply for the money and compete against those from across the 
country who are doing the same, instead of going to a powerful Member 
and saying, Here, will you earmark those dollars for us.
  In many cases--it's not the case in this case--but in many cases, you 
have competitive accounts and people will apply for a grant and not 
receive it on a competitive basis. Those that are involved will say it 
doesn't have the merit that others do. So then they will go to their 
Member and say, Earmark these dollars. And we have some cases--not in 
this bill--but some cases where the Member will earmark and go around 
the system that we have told the agencies to create.
  So, again, if we don't like how the agencies are doing it, let's 
change it. Let's not run a parallel system like that.
  I reserve the balance of my time.
  Mr. RANGEL. I object to the amendment, and I yield back the balance 
of my time.
  Mr. FLAKE. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.


              Part B Amendment No. 8 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk, Mr. Chairman, designated 
as No. 8 of part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 8 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Housing and Urban Development--
     Community Planning and Development--Community Development 
     Fund'' shall be available for the renovation of a vacant 
     building for economic development by the City of Jal, New 
     Mexico, and the aggregate amount otherwise provided under 
     such heading (and the portion of such amount specified for 
     Economic Development Initiative grants in the second 
     paragraph under such heading) are each hereby reduced by 
     $400,000.

  The CHAIR. Pursuant to House Resolution 669, 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, this amendment would prohibit funding for 
the City of Jal, New Mexico, for use in renovating a vacant building 
and reduce the cost of the bill by a commensurate amount.
  According to the sponsor's Web site, the building would be renovated 
with funds in this bill. The building that would be renovated is a 
former site of a junior high school which has sat vacant for a number 
of years.
  The purpose of the project is to replace the building's roof, 
windows, doors, and upgrade its plumbing and electrical systems in 
order to attract a private buyer. However, the sponsor's description of 
the earmark says the city already has a buyer in mind--Louisiana Energy 
Services, which already has declined to purchase the old school due to 
its condition.
  I reserve the balance of my time.
  Mr. TEAGUE. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from New Mexico is recognized for 5 minutes.
  Mr. TEAGUE. Mr. Chairman, I would like to thank the distinguished 
chairman of the Appropriations subcommittee for yielding to me and for 
working with me to invest in important projects in my congressional 
district.
  I rise today in opposition to the amendment that has been offered by 
my colleague from Arizona. The amendment would strike an appropriation 
of funds from the Economic Development Initiative at HUD that I worked 
with my friend, the chairman of the subcommittee, to secure for the 
community of Jal, New Mexico.
  Although I'm opposed to the amendment, I am pleased that the 
gentleman from Arizona has decided to offer it. The fact that he can 
and does offer amendments like this, brings the focus of the House and 
the Nation on certain projects, is exactly why this process has 
integrity. And it's why I feel comfortable participating in it for the 
benefit of my constituents in places like Jal, New Mexico.

                              {time}  1615

  I am happy to defend and debate the merits of this project, and I 
look forward to convincing a majority of my colleagues that this 
amendment should be defeated.
  Mr. Chairman, Jal, New Mexico, is tucked into the southeast corner of 
my State and my congressional district. In fact, if it weren't for 5 
miles and the grace of God, Jal would be sitting in Texas. It's a long 
way from pretty much everything, a long way from the Finance Committee 
of the State legislature in Santa Fe, and it's even farther from the 
faceless bureaucrats who staff the Federal agencies in Washington, D.C.
  If not for Jal's elected representation in Congress, no one in this 
town would likely ever know the name of the place, or that it existed 
at all. Mr. Chairman, that's my job, to put Jal on the map, to know the 
priorities and the needs of communities like Jal and to work to address 
them. If there is a problem in my district, it is my job to get to work 
solving it.
  So here is Jal's problem: the city of Jal owns the Burke Junior High 
School building, which is a 40,000-square-foot building that was 
utilized from 1968 to 1986 as the Jal Middle School. The building has 
now been vacant for a number of years, and for the facility to be put 
to use again, the city would need to replace the building's roof, 
doors, windows and a complete upgrade of plumbing and electrical 
systems.
  This is what the EDI appropriation will fund. With the renovation of 
the building, the city of Jal hopes to attract private industry to 
town. Having a tenant in the building will create jobs in Jal and 
increase the town's tax base. Projects like this are exactly why the 
Economic Development Initiative was legislated in the first place, and 
I'm proud to have sponsored this appropriation for Jal.
  Mr. Chairman, I'm not going to stand by and hope that some faceless 
bureaucrat looks kindly upon a place like Jal. I know the community's 
needs. I know the problems. I was elected to stand up for places like 
Jal, New Mexico, not hope that someone else does. Again, I thank the 
gentleman from the Arizona for his principled and important 
participation in this process. I urge my colleagues to reject this 
amendment.
  I reserve the balance of my time.
  Mr. FLAKE. I should mention that this money is going to be used to 
renovate this building. The sponsor already has a buyer in mind. I 
mentioned Louisiana Energy Services, which already declined to purchase 
the old

[[Page H8657]]

school due to its condition. LES is a subsidiary of URENCO, which is a 
global nuclear fuel company and currently holds approximately one-
quarter of the world's share of uranium enrichment services. According 
to the Web site, LES is working toward constructing the first-ever 
centrifuge enrichment facility in the U.S., which would be based just a 
few miles from Jal. The hope is, apparently, to renovate this facility 
and then get this company to buy it. Now that is economic development, 
I grant you, certainly, and then the proceeds apparently would go to 
the city.
  But that's just saying that we ought to give $400,000 to the city, 
apparently. This isn't going to be used for a public purpose. It's 
being sold off to a private company. Now, every city in this country is 
hurting financially. I think we have established that. But here we had 
it raised again that we are not going to rely on some faceless 
bureaucrat. I'd forgotten the term always used, not ``feckless'' or 
``hapless,'' but ``faceless'' bureaucrats. It seems strange to me that 
we won't trust these faceless bureaucrats to distribute earmarks or 
distribute Federal funding, but we will trust them with health care.
  In the context of this debate, that's what seemed odd to me. But 
given that, simply, if we don't like the way they're distributing 
money, and we believe that this money should be distributed, and I 
would question that, I would question the existence of this Economic 
Development Initiative money that we have here, we probably ought to 
get rid of it completely given the dire straits we are in financially 
as a Federal Government.
  But if we're going to have it, then we ought to ensure that the 
agencies set up a program by which every jurisdiction in this country 
has an equal opportunity to compete, and not just individual Members of 
Congress, and as I explained before, in particular, powerful members on 
the Appropriations Committee or those in powerful leadership positions. 
That's not the way to distribute taxpayer money in this regard.
  With that, I reserve.
  Mr. TEAGUE. I thank the gentleman for his concerns. LES is a uranium 
enrichment facility that currently employs about 2,000 people in the 
Eunice-Hobbs-Jal area. It's a major employer and one of the biggest 
employers in the area. The building and operation of the LES plant is 
now about a $4 billion project, so its operations and its impact extend 
across a few different communities in the area.
  It's my understanding that Jal would like to attract LES to town, 
possibly making use of the renovated Burke school. However, the 
renovated school would be open for use by any number of companies. This 
appropriation is a fine example of the community using the EDI program 
to attract private investment.
  I reserve my time.
  Mr. FLAKE. How much time is remaining?
  The CHAIR. The gentleman has 2 minutes remaining, and the gentleman 
from New Mexico has 30 seconds remaining. The gentleman from Arizona 
has the right to close.
  Mr. FLAKE. Again I would say, what the Web site says is that the 
buyer is likely to be this company, LES, a subsidiary of URENCO; and 
that's fine. But we might as well be giving them the $400,000 and 
allowing them to renovate it and then purchasing it, or giving the city 
that much. And that's fine if that's what we decide to do. But this is 
no way to distribute these kinds of moneys. This is no way to run a 
program.
  I would submit that when you have a deficit that may hit $2 trillion 
this year, at some point, somewhere, sometime this body has to say 
enough is enough. And if we can't keep a half million dollars from 
going to a program like this, where are we going to start? Where are we 
going to say enough is enough? Where are we going to say, we are going 
to get this deficit under control and we are really going to go after 
entitlement suspending now? If we can't do it here, where can we do it?
  With that, I reserve.
  Mr. TEAGUE. Once again, I appreciate the concerns of my colleague 
from Arizona, and I would just ask my colleagues to vote in support of 
Jal and all small communities in New Mexico and vote against this 
amendment.
  I yield back my time.
  Mr. FLAKE. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.


              Part B Amendment No. 9 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk designated as No. 9 in 
part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 9 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Housing and Urban Development--
     Community Planning and Development--Community Development 
     Fund'' shall be available for the Monroe County Farmer's 
     Market facility construction project of the Monroe County 
     Fiscal Court, and the aggregate amount otherwise provided 
     under such heading (and the portion of such amount specified 
     for Economic Development Intiative grants in the second 
     paragraph under such heading) are each hereby reduced by 
     $250,000.

  The CHAIR. Pursuant to House Resolution 669, 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, this amendment would prohibit a quarter of a 
million dollars in funding for the Monroe County Farmers' Market 
facility construction and would reduce the cost of the bill by a 
commensurate amount. The sponsor of this earmark says in his Web site 
that ``these funds will be used to construct a new market facility that 
will promote economic development and provide added benefits to the 
local community.''
  Farming is an important component of Kentucky's economy. According to 
the Kentucky Department of Agriculture, Kentucky farmers sold nearly $5 
billion worth of farm products in 2007 alone. Given the number of 
farmers' markets throughout the State, that is not too surprising. The 
Department of Agriculture's Web site shows that there are more than 100 
farmers' markets currently up and running in the Commonwealth of 
Kentucky. Nearly 200 vendors participated in these markets in 2008. 
Farmers' markets in Kentucky appear to be both successful and 
profitable.
  So my question is why are we saddling the taxpayers with a bill for 
construction of one more farmers' market? I have no doubt that this 
farmers' market in Kentucky has seen a drop in business as a result of 
the economy. Virtually every business across this country has. I also 
think that we could find that these earmarks do benefit the 
agricultural community there. That isn't any doubt.
  The question again here is how do we choose? And why do we say, all 
right, we're going to aid this one but not another one? And in 
particular at a time like this, why are we taking money from the 
taxpayers and then distributing it out as we see fit, rather than 
allowing them to keep it themselves?
  With that, I reserve.
  Mr. LATHAM. I claim the time in opposition.
  The CHAIR. The gentleman from Iowa is recognized for 5 minutes.
  Mr. LATHAM. I would like to recognize the gentleman from Kentucky 
(Mr. Whitfield).
  Mr. WHITFIELD. I thank the gentleman for yielding. I rise to, not 
surprisingly, oppose this amendment from the gentleman of Arizona. And 
I might say to him that we all appreciate his concern, his dedication 
and his commitment to fiscal responsibility. But I would also say that 
even if we eliminated all earmarks of the legislative branch, it still 
would not make any dent at all in our deficit and debt in this country.
  And so I would ask the gentleman and simply suggest that let's look 
at some more meaningful ways to deal with this issue. For example, I 
think most Members would agree with you that the vast majority of 
earmarks do probably go to appropriators rather

[[Page H8658]]

than nonappropriators. And I think many Members would be willing to 
join you in an effort to try to change the House rules in some way and 
maybe deal with that issue. I might also say that under the PAYGO rules 
of this Congress and the last Congress, the 110th Congress, they waived 
PAYGO rules enough times that the amount that they waived was $450 
billion.
  So I would ask the gentleman to join me in a resolution that I 
introduced yesterday to simply say that if the PAYGO rules are waived, 
that any Member of Congress has a right to raise a point of order and 
have a vote on the waiving of the PAYGO rules. I think those are two 
ways to more substantively address your concerns.
  As far as Monroe County, Kentucky, let me just say this: Monroe 
County, Kentucky, is a county of 11,000 people located in south central 
Kentucky. It is primarily economically driven by agriculture and the 
textile industry, except the textile industry has closed down over the 
last 10 years or so. The unemployment rate in Monroe County right now 
is 15 percent. The most important economic engine in Monroe County is 
agriculture. And that's why I requested, at the request of the county 
judge and the fiscal court and the mayor of the community coming to me 
and asked for $250,000, to develop this farmers' exchange facility to 
help the economic development in that area.
  I might also point out that on September 16, 2008, the chairman of 
the House Transportation and Infrastructure Committee, James Oberstar, 
and U.S. Delegate Eleanor Holmes Norton presented a $2 million EDA 
investment check to the Government of the District of Columbia to help 
restore and upgrade the historic Eastern Market where farmers bring 
their goods and people buy and sell them.
  Now Monroe County does not have access to high-priced lobbyists. 
There's not a lot of influence in Monroe County. So when they came to 
me--and I don't get that many earmarks--I simply felt it was the proper 
thing to do, to help this community overcome its high unemployment, to 
try to stimulate the economy in a small way and to help the farmers in 
that area. So I would urge and request that the Members vote to defeat 
the gentleman from Arizona's amendment.
  Mr. LATHAM. I reserve the balance of my time.
  Mr. FLAKE. May I inquire as to the time remaining?
  The CHAIR. The gentleman from Arizona has 4\1/2\ minutes remaining. 
The gentleman from Iowa has 1 minute.
  Mr. FLAKE. I'll make a note before I yield to the gentleman from 
Utah. I recall that Eastern Market earmark for D.C., and I challenged 
that one as well. We shouldn't have distributed that money either.
  I yield 1\1/2\ minutes to the gentleman from Utah.
  Mr. CHAFFETZ. With all due respect to my colleague, I'm sure that the 
people of Monroe County are wonderful, beautiful people, and I wish 
them nothing but the best. But to suggest that $250,000 doesn't matter 
is fundamentally what is absolutely totally wrong with this 
institution. We are $12 trillion in debt. We are spending $600 million 
a day in interest, and the people of Utah and the people of Florida and 
the people of Michigan should not pay to try to build up another Monroe 
County Farmers' Market.
  I opposed a parking lot, a $750,000 appropriation, for the city of 
Provo in my district because I do not believe it's the fundamental and 
proper role of government to try to transfer a group of shoppers from 
one mall to another mall. I opposed in Utah a million-dollar 
expenditure for the Shakespeare Festival because they wanted a new 
lighting system. This is what is wrong with America.

                              {time}  1630

  We have to say no to something. If we can't say no to a farmers 
market, what in the world are we going to say no to? Time after time 
after time the gentleman from Arizona has identified projects that 
fundamentally have absolutely no, no Federal nexus. When is this body 
going to stand up and take a stand and say, It's not our money; it's 
the people's money? And we should not be spending Federal taxpayer 
dollars on another farmers market if it's in my district, if it's in 
Kentucky, no matter where it is.
  Mr. LATHAM. I will yield the balance of my time to a colleague from 
Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Look, Ed Whitfield has been in this House since 1995. 
He knows his district better than anybody that has spoken on this 
amendment, and he's described a need in his area. And I would just 
suggest that if this earmark thing was such a great idea and it really 
captured the hearts and minds of the American people and would do 
anything to reduce spending in a significant way, John McCain would be 
President of the United States today and we would have had a different 
budget resolution. We would have had different 302(b) allocations.
  But again, to deny a Member of Congress the opportunity to identify 
districts--and I'm not going to say faceless bureaucrats because I'm 
with the gentleman from Arizona about this health care business. That's 
a nonstarter for me. But I will tell you that to basically say we're 
not going to spend the money, we're going to punt, we're not going to 
do our jobs and represent other people and we're going to let President 
Obama and his team spend all the dough, it's just wrong.
  I urge defeat of the amendment.
  Mr. FLAKE. The gentleman from Kentucky makes a wonderful point about 
overall spending. Earmarks represent a small portion of Federal 
spending, a very small portion. The problem is, as my colleague in the 
Senate Dr. Coburn calls them, the gateway drug to spending addiction. 
And the problem with earmarks is that when you load them up in bills, 
you will support bills, both the majority and the minority, that you 
would in no other case support.
  Now, take for example, in 2005, we reauthorized the highway bill. In 
that bill, it was a $285 billion multiyear authorization. We knew 
because the chairman of the Appropriations Committee stood up at that 
time and said, We don't have the money in this bill to fund what is 
being authorized. We're going to run short. Sure enough, we've run 
short. We had to transfer $8 billion into that bill just a while ago. 
We were asked to transfer another $6 billion, and there will be more 
and more.
  But you know why that bill passed when everybody in this body knew 
that we were spending money we didn't have? Because it had 6,300 
earmarks in it, and nearly every Member of this body had some. And they 
knew that if they didn't support it, they might get their earmarks 
yanked out when it went to conference. That's the problem with this 
body, and that's the problem with earmarks.
  Earmarks are much greater than the sum of their parts. They force you 
to support bills you would in no other case support simply because 
you've got your earmarks in and you have to support that bill. And so, 
that's the problem here.
  And then year after year, we say, ``Well, they're only a small part, 
and if we cut funding for this earmark, it won't cut funding for the 
bill. It will just go somewhere else,'' when we could, if we wanted to, 
simply lower the allocation for the bill by the amount that the 
earmarks represent. But we don't do that so we can use the excuse later 
that we can't get rid of these earmarks because it won't save any 
money.
  Well, I don't think the people across the country are buying that. 
They've heard that song too much. We'll have a deficit this year that 
might approach $2 trillion. We need to start somewhere, and I would 
suggest we start here.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.


              Part B Amendment No. 10 Offered by Mr. Flake

  Mr. FLAKE. I have an amendment at the desk designated as number 10 in 
part B.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:


[[Page H8659]]


       Part B amendment No. 10 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Federal Highway Administration--Surface 
     Transportation Priorities'' shall be available for the 
     Millenium Technology Park project in New Castle, 
     Pennsylvania, and the amount otherwise provided under such 
     heading is hereby reduced by $500,000.

  The CHAIR. Pursuant to House Resolution 669, 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, this amendment would prohibit the use of 
$500,000 for the Millennium Technology Park in New Castle, 
Pennsylvania, and would reduce the spending in the bill by the same 
amount.
  According to the sponsor's Web site, the money would be used to 
design and construct the Millennium Technology Park, on which ground 
was broken in 2006. The technology park was initiated by the Lawrence 
County Economic Development Corporation to create ``new advanced job 
opportunities by providing small to large forward-thinking companies 
with prepermitted, shovel-ready sites.''
  With that, I reserve the balance of my time.
  Mr. ALTMIRE. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentleman from Pennsylvania is recognized for 5 
minutes.
  Mr. ALTMIRE. I thank the gentleman from Arizona for allowing me the 
opportunity to come to the floor and discuss a project in my district 
that I'm very proud of. This is a project that is on a border area 
between Ohio and Pennsylvania.
  The service region for the project, the coverage area for the 
employment base, and the economic development opportunity spans nine 
counties in two different States. And it's in an area of the country 
that has suffered greatly with the loss of manufacturing jobs over the 
past several decades, and it's in an area of the country that's trying 
to retool itself and trying to gain traction with economic development 
activities, especially in high tech fields, high technology 
manufacturing.
  It's in an area where there used to be heavy manufacturing, an 
industrial site that has been reconfigured to play the role now across 
nine counties of job growth. It's expected that when this project is 
completed, it's going to create 2,500 jobs, and the money that we're 
directing towards that project through this bill isn't in the absence 
of community support. We have generated 18.7 million through the State 
of Pennsylvania and through local community sources to fund this 
project.
  This is a project that's ongoing. As the gentleman from Arizona 
points out, it was initiated in 2006, and the $500,000 that we're 
talking about today specifically goes towards access roads. And the 
Federal Government, as the gentleman knows, does play a role in 
transportation funding. That's what this bill is all about.
  So we're talking about a continuation of a project that was initiated 
3 years ago, that's going to create 2,500 jobs, that's going to serve 
nine counties across three States, and that's going to help continue 
the rebirth of a region in the country that has suffered. I can think 
of no better way to spend transportation money than on a project of 
this sort.
  And I reserve the balance of my time.
  Mr. FLAKE. Again, we have here, this is money going to a technology 
park. Where in the world is the Federal nexus there, I would ask. Why 
is it that we're being asked, as taxpayers in California and New 
Mexico, Arizona, New York, to pay for a technology park to attract 
businesses in Pennsylvania? Under that kind of rubric, what wouldn't 
qualify for money? Why wouldn't we just scatter money all over? 
Apparently we have, with a $2 trillion deficit, but we can't continue 
to do that.
  One thing that these technology parks and money for them typically 
does, they're usually called new business incubators, and what they 
turn out to be incubators of is earmarks. In fact, this very project 
received a $500,000 earmark 2 years ago, and my bet is that next year, 
or the year after or so, there will be another earmark for the same 
project because you can never have enough business for a district. No 
Member of Congress will ever take the podium and say, Hey, I've got too 
much business in my district. We don't need to construct another 
technology park. We can't use another earmark. Please, no more.
  It's going to continue to go and go and go. But where do we stop? 
Where do we say enough is enough? We can't continue to put out money 
this way.
  I reserve the balance of my time.
  Mr. ALTMIRE. I would say in response to the gentleman from Arizona, 
the funding that we're talking about, again, is transportation funding, 
and it's going to build access roads. The funding for the technology 
park, 18.7 million, has already gone towards the park itself. We're 
talking about the transportation component of that to build the roads.
  And before I yield to the chairman of the committee, what I will say 
is the gentleman holds up the chart that talks about the earmarks that 
go to appropriators and people who've been in this House a long time. 
Well, look, I'm a second-term Member. I'm not an appropriator, and I'm 
not a chairman of a high-level committee, but I was elected to 
represent the Fourth Congressional District of Pennsylvania. I was 
elected to survey the need and to do everything I can to fight for my 
constituents and to fight for my district.
  And despite the fact that I'm not a chairman, despite the fact that 
I'm not on one of the exclusive committees, I was able to convince the 
committee to put this money in because this is a good use of taxpayer 
funding. This is going to create jobs. This is going to grow the 
economy in two States across nine counties.
  And I would yield the remainder of my time to Chairman Olver.
  Mr. OLVER. I thank the gentleman for yielding, and I thank you for 
your careful defense of the job that you do as a Representative there 
for New Castle, Pennsylvania.
  I asked for the time because just a few minutes ago the gentleman 
from Arizona had spoken about the distribution of earmarks and how it 
seems to favor certain Members or committees, and I wandered over to 
see, and I suspect that I and my ranking member are in trouble for the 
nature of that chart.
  But, as a part of your argument, the gentleman's argument, the 
gentleman mentioned that maybe the Federal agencies can do a better job 
of distributing funding more equitably. However, one really ought to 
look a little bit at what has been the historical record and some 
fairly recent historical record.
  In fiscal 2007, we included no earmarks in this bill.
  The CHAIR. The time of the gentleman has expired.
  Mr. FLAKE. May I inquire as to the time remaining?
  The CHAIR. The gentleman from Arizona has 2\1/2\ minutes.
  Mr. FLAKE. I yield 30 seconds to the gentleman to finish his thought.
  Mr. OLVER. I thank the gentleman. That was very kind of you.
  In fiscal 2007, we included no earmarks in this bill and gave 
complete discretion to the Secretary of Transportation. Remember, that 
was the year that the majority tipped, but we still had the previous 
President in place. The result of that was that the Secretary of 
Transportation distributed over $1 billion of discretionary money to 
five cities, to five places, five single places.
  Mr. FLAKE. I thank the gentleman for making that point, and I have no 
grief for faceless bureaucrats, believe me. I don't want them running 
my health care. But if we don't like the way they're doing things, 
let's change it. Let's not appropriate the money.
  Frankly, this account from which these funds are drawn probably, in 
my view, should not exist. I mean, economic development initiatives? 
You can fit anything under that. And it's just an excuse to give out 
money here from Congress or let the bureaucrats do it.
  I'm not saying that we should give all of our money there and say 
don't do it. If we don't like the way they do it, then set up a 
structure and say, You have to do it by merit. And if we don't like the 
way you've distributed it the following year and we can prove that you 
did it on a basis that is not equitable, then we cut your funding 
completely the next year.

[[Page H8660]]

  That's what our purview is, not to say we don't like the way you do 
it so we're going to set up a system by which the appropriators take 
upwards of a low of 46 percent, appropriators and powerful Members, 
when they represent only 24 percent of the body, and a higher limit of 
70 percent.
  Mr. OLVER. Would the gentleman yield another 30 seconds?
  Mr. FLAKE. Fifteen.
  Mr. OLVER. Well, if the gentleman would place all the earmarks funded 
in this bill in '08 or '09 on a map and show where those had actually 
gone, you'd find that the earmarks have been spread much more widely, 
much more evenly among all 50 States and the territories than you would 
find by the bureaucrats.
  Mr. FLAKE. He makes the point exactly. We shouldn't appropriate this 
money at all. This money for economic development should stay in the 
hands of small business before it's taxed and let them do with it as 
they will: cut their payroll tax, cut something else, leave it with 
them. Don't take it and then distribute it by means of congressional 
earmark or Federal bureaucrat fiat. I'm saying don't spend it that way. 
But if we don't like how they do it, let's not create a parallel 
program that is just as inequitable.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.

                              {time}  1645


              Part B Amendment No. 11 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I have an amendment at the desk, a final 
amendment.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 11 offered by Mr. Flake:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Federal Highway Administration--Surface 
     Transportation Priorities'' shall be available for the 
     reconstruction of Rib Mountain in Wisconsin, and the amount 
     otherwise provided under such heading is hereby reduced by 
     $500,000.

  The CHAIR. Pursuant to House Resolution 669, 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, this amendment would remove $500,000 in 
funding for the reconstruction of Rib Mountain Drive in Wisconsin, and 
it would reduce the cost of the bill by a commensurate amount.
  I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I claim time in opposition.
  The CHAIR. The gentleman from Wisconsin is recognized for 5 minutes.
  Mr. OBEY. Mr. Chairman, I reserve the balance of my time.
  Mr. FLAKE. Mr. Chairman, I reserve the balance of my time.
  The CHAIR. The gentleman from Wisconsin has the right to close.
  Mr. FLAKE. Mr. Chairman, doesn't the sponsor of the amendment have 
the right to close?
  The CHAIR. A member of the Appropriations Committee, if in opposition 
to an amendment, has the right to close.
  Mr. FLAKE. Oh, okay. All right. I should have known.
  According to the sponsor of this earmark, the funds would go for 
additional turn lanes, signals and a sidewalk on Rib Mountain Drive. 
The certification letter for this earmark refers to this particular 
stretch of road as the ``primary roadway in a commercial district,'' 
and it says that the project will ``enhance both safety and 
efficiency.''
  I have no doubt that it will do this. I have no doubt, but my 
understanding is that the State of Wisconsin has a program where they 
grant funding for programs like this, for projects like this on a 
priority basis. Apparently, the State of Wisconsin didn't see this as a 
priority or they would have funded it, or perhaps they did, but in 
realizing there was a powerful Member here in Congress, felt they 
didn't have to because the Federal taxpayer could pick up the tab.
  So, here again, why are we paying for a roadway that doesn't serve an 
interstate purpose? This is not part of the Interstate Highway System. 
Again, here, it's a parochial interest, and I understand that, and the 
Member will advocate fiercely for it and for his right to get that 
earmark. Certainly, the Member, my good friend from Wisconsin, is in a 
position to do that. The question is why. Why do we continue with a 
program like this?
  Let me show you this chart again. Here is the appropriations chart 
for this year. We have all of the legislation that we have considered 
so far. We have just shy of 24 percent of the Members of the House. 
This includes the appropriators, who make up between 13 and 14 percent. 
The leadership Members and ranking minority members and chairmen of 
committees get a low of 46 percent in this bill and a high of 70 
percent in the Financial Services bill.
  This seems to be a pattern, and it's a pattern that stretches beyond. 
Last year, I think there were similar spoils here. I understand that. 
Members, when they're here longer, apparently understand their 
districts better than Members who haven't been here as long, but it 
begs the question: Why do we continue to do this? I always appreciate 
when the chairman stands and says that earmarks grew under Republican 
rule. They did, and that's something that will haunt us, I think, 
forever, and as Republicans, it should. The chairman also says, when he 
was chairman of the Appropriations Committee prior to the Republicans' 
taking over in '94, there were no earmarks whatsoever in the Labor-HHS 
bill, not one earmark. Tomorrow, we'll consider that bill. I think 
there are well over 1,000 earmarks in that bill. There are over 1,000 
earmarks in the bill today. There are well over 1,000 earmarks in the 
defense bill that we'll consider later next week.
  Just because Republicans ramped it up doesn't mean the Democrats have 
to continue it this way. Some will make the case that we've cut down 
the number and the dollar value. That's a good thing. Yet, when you go 
from zero and say with pride ``there were no earmarks when I chaired 
the committee before, and now there are only 1,000, and we should feel 
good about that,'' there's something wrong with this picture.
  Again, it's not just the money and the earmarks. It's not just that 
we're spending on a local transportation project that should be funded 
locally. It's that, when you get earmarks like this in a bill and when 
you include 1,000 of them, you gather support for a bill that, in this 
case today, increases overall spending by 13 percent, I believe, over 
last year's bill. In a year when our deficit will approach $2 trillion, 
we are here, saying that's okay. We'll have a big vote on this bill--
Republicans and Democrats is my guess--largely because there are so 
many earmarks in this bill that people think ``I've got a little piece 
of it, so I'm going to vote for the broader bill.'' That's what has 
driven up spending under Republicans and Democrats alike.
  When we lard up these bills with earmarks and pet projects, we grease 
the skids for them to pass when we should stand up and say that we 
cannot sustain this level of spending. Again, it's not just a Democrat 
thing or a Republican thing. This body, as a whole, is guilty of it, 
but earmarks are a large part of that, and we have to recognize it. You 
can cloak it in whatever language you want with regard to 
``representing my constituents,'' but every constituent is out there, 
wanting money. I can tell you mine want to keep a lot more of theirs 
rather than send it to Washington so Washington can decide, well, I'm 
going to spend a little on a roadway in Wisconsin.
  With that, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, the project under discussion is a 
transportation project, and this is a transportation bill. Until 10 
years ago, my State, Wisconsin, was a donor State to highway trust 
funds, at one time getting just a 70-cents-on-the-dollar return on our 
Federal gas taxes. As a delegation, we

[[Page H8661]]

fought like the devil for over 30 years to turn that around. We finally 
have. Despite that fact and the changes we've been able to make, 
Wisconsin, along with other Great Lakes States, still rank way down the 
list--45th, 46th, 47th on its per capita return on Federal dollars.
  In contrast, the gentleman's State, Arizona, does much better. 
Compared to Arizona, for example, Wisconsin receives about $759 less 
from the Federal Government per capita. Arizona does very well, for 
instance, in Federal procurement dollars, getting about $866 per capita 
more than Wisconsin. In grant programs, such as highway funds, Arizona 
gets about $130 per capita more from the Federal Government than does 
Wisconsin.
  When I came to Congress, Wisconsin had 10 Members in the House. 
Arizona, I believe, had 3. Arizona has had a huge growth in population 
during the subsequent 40 years, and it has been financed, in very large 
part, by Federal dollars. I don't remember how much the Central Arizona 
Project cost, but it was billions. I think what the gentleman is 
suggesting is, now that Arizona has got his, that he begrudges somebody 
else trying to get pennies by comparison.
  Let me point out that, in this bill, Arizona gets $13 million in 
earmark funds. He says that Wausau, the community where this highway is 
being repaired, is not on the interstate. Well, why on Earth should we 
confine Federal responsibility only to communities lucky enough to be 
on interstate roads? Why should we tell small rural towns, ``Sorry. Go 
off in the corner. You don't have a right to participate in Federal 
support''?
  With respect to this particular project, we are trying to help the 
community of Rib Mountain, part of the Wausau metropolitan area. We are 
trying to fix some problems on that heavily traveled and congested 
commercial corridor by adding turn lanes and a median traffic signal. 
On July 4, two 15-year-old girls were hospitalized by an accident in 
the very location where this road is to be modernized. I make no 
apology whatsoever for trying to improve that situation.
  I would also point out, if you want to talk about me, the 
unemployment level right now in the Wausau area is well over 12 
percent. The last time I checked, the unemployment level in Mesa was 
7.3 percent.
  The gentleman from Utah also was commenting on the previous earmark, 
complaining about that fund. The unemployment level in Utah is 5.9 
percent, less than half of what it is in my community. I don't see why 
I should apologize for trying to get a few items for my district.
  I would also note one other thing. If you want to talk about 
earmarks, as the gentleman knows, they make up less than 1 percent of 
the discretionary part of the Federal budget. I've never seen a 
Congress change any President's budget by more than 3 percent. That 3 
percent difference in congressional decisions versus Presidential 
decisions is the difference between having a President and having a 
King. I make no apology whatsoever for the Congress' trying to 
occasionally exercise its responsibilities in terms of the power of the 
purse.
  I would also point out one other thing. If you take a look at the 
real cause of the deficit, the gentleman goes after these very small 
projects, and then suggests that they have a major impact on the 
deficit. I don't know where the gentleman was when the previous 
administration was turning $6 trillion in projected surpluses into a $1 
trillion deficit. I don't know where the gentleman was when the 
administration was spending $1 trillion on a misguided war in Iraq. 
Those are the items that raise the cost of government. Those are the 
items that add to the deficit. Those are the items that significantly 
add to the debt. I make no apology for this project in that context.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Arizona (Mr. Flake).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. FLAKE. 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 Arizona will be postponed.
  It is now in order to consider amendments printed in part C of House 
Report 111-219.


            Part C Amendment No. 3 Offered by Mr. Hensarling

  Mr. HENSARLING. 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:

       Part C amendment No. 3 offered by Mr. Hensarling:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Transportation--Federal Highway 
     Administration--Federal-Aid Highways (Limitation on 
     Obligations)'' shall be available for the Doyle Drive 
     Replacement project in San Francisco, California, and the 
     amount otherwise provided under such heading is hereby 
     reduced by $2,000,000.

  The CHAIR. Pursuant to House Resolution 669, the gentleman from Texas 
(Mr. Hensarling) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. HENSARLING. Mr. Chairman, this is an amendment that would strike 
a $2 million earmark requested by the Speaker of the House for the 
Doyle Drive Replacement Project in San Francisco. Apparently, this 
drive is owned and operated by the California Department of 
Transportation, known as Caltrans, which acquired it in 1945 and which 
charges tolls from vehicles coming across the Golden Gate Bridge.
  According to the Web site, the money, among other things, would be 
used to ``raise the original profile of the southbound lanes to 
preserve the cultural landscape and retain the cultural relationship 
between the upper and lower portions of the Presidio.''
  It would ``reconfigure the Girard Road interchange to preserve the 
Gorgas Avenue streetscape adjacent to the historic warehouses and to 
improve views to the Palace of Fine Arts.''
  Now, Mr. Chairman, I'm not here to tell you that all earmarks are 
bad. I'm not even here to tell you that somehow this is a bad use of 
somebody's money. I've never been a particular fan of the earmark 
system, but I don't come here to debate that today. I've heard a number 
of people say, ``Well, relative to the Federal budget, this is kind of 
pennies and nickels.'' Well, yes, maybe it is. I hope, number one, I'm 
never in Congress so long that I consider $2 million to be pennies and 
nickels, but if it is, you know, and if you don't start saving those 
pennies and nickels, how will you ever save the dollars?
  Frankly, with the oppressive treatment we have at the Rules 
Committee, the amendments that Republicans would offer that would save 
billions of dollars somehow are never quite made in order.
  So, Mr. Chairman, why is this important? I think it's important 
because we need to take stock of where we are as a nation. Since 
President Obama was elected, we have seen now the highest deficit we've 
ever seen in our Nation's history. It's over $1 trillion. Mr. Chairman, 
it's on its way to $1.8 trillion. That means, since the Democrats have 
taken control of this House, the Federal deficit has increased tenfold. 
The national debt is being tripled under their watch, under their 
budget--tripled--with more debt in the next 10 years than in the 
previous 220.

                              {time}  1700

  So, yes, maybe $2 million is small relative to that, but Mr. 
Chairman, again, if you don't change the culture of spending, how are 
you ever going to change the spending?
  And I wish the Speaker of the House was on the floor now. I would 
pose a question to her that I've posed before. Early in her career when 
she was in the minority, she said, It is just absolutely immoral, 
immoral for us to heap those deficits on our children. And so I would 
respectfully ask the Speaker of the House, if it's immoral to do it, 
why are you doing it? This is $2 million, 2 million more dollars of 
deficit that, according to the Speaker of the House, is immoral.
  The Speaker also has said, prior to becoming the Speaker of the 
House, I'd just as soon do away with all earmarks; you can't have 
Bridges to Nowhere for America's children to pay for. I would 
respectfully ask the Speaker of the House if she was on the floor

[[Page H8662]]

now, Madam Speaker, if you would just as soon do away with earmarks why 
don't you lead by example and quit asking for them?
  It appears in this appropriations cycle that she has requested 
herself, or jointly with others, 30 earmarks worth $36 million. 
According to Taxpayers for Common Sense, in the last appropriations 
cycle, Mr. Chairman, Speaker of the House Pelosi ranked 16th out of 435 
Members of Congress on the number of earmarks she requested.
  Again, at a time of trillion-dollar deficits maybe there's time to 
say ``no'' to one project today so we can say ``yes'' to our children's 
future tomorrow.
  I reserve the balance of my time.
  Mr. OLVER. Mr. Chairman, I claim the time in opposition.
  The CHAIR. The gentleman from Massachusetts is recognized for 5 
minutes.
  Mr. OLVER. Mr. Chairman, I rise in opposition to the amendment. Let 
me make a few remarks about the general process and then about this 
amendment, and then maybe I will even have a little bit more time.
  As indicated in the report to this bill, the funding for earmarks on 
the Transportation and HUD appropriations bill in 2010 has been cut to 
50 percent of the 2006 levels. I would remind the gentleman that in the 
2006 budget there was both a Republican majority in both branches and 
the President of the United States as well.
  Also, this year, Chairman Obey introduced new requirements to 
continue our effort to ensure that the appropriations process is open, 
transparent and worthy of the public's trust. As part of that, the 
committee vetted each request with the agency under whose jurisdiction 
an earmark would fall. Also, each request has been publicly disclosed 
on Members' Web sites so everyone can know exactly what has been asked 
by every Member and what ones are being funded.
  I oppose the particular amendment here because the funds here, the $2 
million of funds, are being used to replace Doyle Drive with a new 
parkway connecting the Golden Gate Bridge and the Golden Gate National 
Recreation Area. Federal funds would be used for project design work 
and the right-of-way acquisition. Doyle Drive is the only link between 
the San Francisco peninsula and Northern California counties, and is, 
therefore, designated as a postdisaster recovery route.
  Doyle Drive was built the year I was born and is reaching the end of 
its useful life. The lack of shoulders and the absence of a dividing 
median create dangerous operating conditions and often result in 
serious accidents. The drive is ranked as the fifth-worst bridge in the 
Nation and the worst in California on the measure of structural 
insufficiency. 100,000 drivers, 18,000 transit riders use that Doyle 
Drive every day. So for those reasons I think this is a very important 
earmark.
  Then I would like to comment, and I oppose, again, the amendment. I 
would like then to use the rest of my time to point out something that 
I did a little bit earlier, which was to point out that at the end of 
the Carter administration there was $1 trillion of national debt. That 
took us from the Presidency of President Washington all the way 190 
years to 1980 to get $1 trillion of national debt. Twelve years later, 
the national debt was over $4 trillion, more than four times, more than 
quadrupled in that 12 years. That's the 12 years of the greatest debt 
increase in the history of the country by any percentage-wise.
  In the Presidency of President Clinton, the debt went up another one-
third, 33 percent, in that 8 years which is quite modest compared to 
what it then went up during the previous administration, the years from 
2001 through 2009. The debt during that period went up from $5.3 
trillion--I think maybe I said 5.4 the last time I made this, hadn't 
quite gone down that much--but in any case, it's gone up over $10 
trillion by the end of the Bush administration. So that's another 
doubling, the largest actual number of dollars of debt increase in 
trillions of any kind but not the largest percentage. This was only a 
doubling there.
  And where the gentleman gets the idea that the debt will be a 
tripling under the present President, I cannot imagine. It will take at 
least seven more years for us to have any idea what the level of the 
debt will be at the end of that time. He might be surprised, we might 
all be surprised that it will be a good deal more modest than the kinds 
of numbers that the gentleman is using today.
  Mr. LATHAM. Would the gentleman yield?
  Mr. OLVER. I would be happy to yield.
  Mr. LATHAM. I just want to make the comment that, unlike Doyle Drive, 
you have not come to the end of your useful life.
  Mr. OLVER. I reserve the balance of my time.
  The CHAIR. The gentleman's time has expired.
  Mr. HENSARLING. Mr. Chairman, I certainly concur with the gentleman 
from Iowa.
  It was a fascinating history lesson that the gentleman from 
Massachusetts provided us with, but here are the facts.
  According to the Congressional Budget Office, which happens to be 
appointed by Democrats, we have the largest deficit in the history of 
the Nation at $1 trillion, 1.8 estimated at the end of the year, and it 
is CBO that says that the 10-year budget will triple the national debt.
  I would ask the gentleman, again, from Massachusetts if this funding 
is so important, why isn't it paid for by the State of California, the 
city of San Francisco, or how about those toll roads? And is it really 
worth borrowing the money from the Chinese and sending the bill to our 
children and grandchildren at this time? I think not.
  I would urge adoption of the amendment.
  I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Hensarling).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. HENSARLING. 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 Texas will be postponed.


            Part C Amendment No. 4 Offered by Mr. Hensarling

  Mr. HENSARLING. Mr. Chairman, I have an amendment at the desk 
designated No. 4.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part C amendment No. 4 offered by Mr. Hensarling:
       At the end of the bill (before the short title), insert the 
     following:
       Sec. __.  None of the funds provided in this Act under the 
     heading ``Department of Transportation--Federal Highway 
     Administration--Surface Transportation Priorities'' shall be 
     available for the Philadelphia Museum of Art Transportation 
     Improvement Program in Pennsylvania, and the amount otherwise 
     provided under such heading is hereby reduced by $750,000.

  The SPEAKER pro tempore. Pursuant to House Resolution 669, the 
gentleman from Texas (Mr. Hensarling) and a Member opposed each will 
control 5 minutes
  The Chair recognizes the gentleman from Texas.
  Mr. HENSARLING. Mr. Chairman, this is an earmark designated for the 
Philadelphia Museum of Art, transportation improvement program, for 
three-quarters of $1 million, I believe requested by the gentleman from 
Pennsylvania, who is on the floor.
  There is no doubt, Mr. Chairman, that the Philadelphia Museum of Art 
is one of the great art museums in America. I've had the occasion to 
visit it actually on two occasions I believe. Many in America recognize 
the steps as the ``Rocky'' steps from the popular film ``Rocky.''
  According to the sponsor's Web site, the earmark will be used for, 
``Intermodal transportation improvement project to resolve pedestrian 
and vehicular issues at the convergence of Kelly Drive, Spring Garden 
Street, Art Museum Drive, Pennsylvania Avenue, and Fairmont Avenue.'' 
Sounds like a lot of avenues and streets coming together.
  Again, Mr. Chairman, let's take stock of where we are: $1 trillion 
deficit, the largest in America's history. It will increase tenfold in 
just 2 years under this Democratic majority, a feat I do not believe 
that has ever been achieved in our Nation's history.
  According to the Congressional Budget Office, again, appointed by 
Democrats, we will triple the national debt

[[Page H8663]]

in 10 years. More debt, more debt in the next 10 years, Mr. Chairman, 
than in the previous 220. Again, don't take my word for it; ask the 
Congressional Budget Office.
  And so I have no doubt that this is a good use of money once again. I 
have no doubt that this great art museum could use this money, but I 
have a number of questions.
  Number one, why is this a Federal responsibility? You know, why 
didn't this money go to the Dallas Museum of Art? How about the Museum 
of Modern Art in New York? How about the Art Institute in Chicago? How 
about the Legion of Honor Museum in San Francisco? How about the 
hundreds and hundreds, if not thousands, of other art museums in the 
Nation, are they not equally deserving, Mr. Chairman?
  And if this is a Federal responsibility, is it really a Federal 
priority at a time when, under this Democratic majority, we now have 
the highest rate of unemployment that we've had in a quarter of a 
century--2.6 million more Americans unemployed since President Obama 
took office? Maybe, maybe our priority ought to be to try to create 
more jobs, and there are hundreds of thousands of small businesses, 
including many in the Fifth Congressional District of Texas that could 
benefit from that money and create jobs and preserve jobs.
  And then, Mr. Chairman, if I concede the argument that somehow this 
is not only a Federal responsibility but a Federal priority, again, is 
it of equal priority to creating jobs? Is it of equal priority to the 
money that goes to the National Institutes of Health for cancer 
research? Is it of equal priority to setting up more rural clinics for 
our veterans' health care? I think not.
  And although, again, I have no doubt that this is a good use of 
someone's funds, that at a time of $1 trillion deficit, at a time of 
the worst unemployment we have had in 25 years, you know, it just 
doesn't meet the test of the taxpayers and the struggling families in 
this Nation.
  And, again, if we don't say ``no'' to somebody's project today, we 
cannot say ``yes'' to our children's future tomorrow.
  And with that, I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. I rise in opposition to the amendment.
  The CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BRADY of Pennsylvania. I rise in opposition to the amendment.
  The gentleman from Texas does not seem to understand that this money 
does not go to the art museum. The art museum is located in the city of 
Philadelphia, and it benefits the entire region. This isn't private 
property. It's a public street that runs around a city-owned building. 
The contracts for this work will be let by Pennsylvania's 
transportation department, administered by the city of the 
Philadelphia, and this is already an approved TIP project.
  The museum is located in one of the most dangerous high-traffic areas 
in the city of of Philadelphia, where major roadways, as the gentleman 
indicated, I-76, Martin Luther King Drive, Kelly Drive, Schuylkill 
River Trails and the Ben Franklin Parkway converge. This area has 
proven to be extremely dangerous for drivers and pedestrians alike.
  Just a month ago, a father and son were struck by an SUV, critically 
injuring them while biking on Martin Luther King Drive on the south 
side of the art museum. Such accidents are frightening and common in 
this area, as anyone who has visited the art museum can attest.
  I requested funding for this earmark because it's vitally important 
for the safety and well-being of my constituents, as well as the 
millions of others who visit Philadelphia every year.
  I fully support this amendment.
  I reserve the balance of my time.
  Mr. HENSARLING. Mr. Chairman, I certainly respect what the gentleman 
says, and he says that clearly I don't understand aspects of the 
project.
  What he doesn't seem to understand is that the taxpayers in the Fifth 
Congressional District of Texas, frankly, don't want to pay for his 
transportation projects, and they have transportation needs of their 
own.
  If this is such a priority, why doesn't the Commonwealth of 
Pennsylvania take it out of their share of the Federal Highway Trust 
Fund? Why doesn't the State of Pennsylvania take it from their 
taxpayers? Why doesn't the City of Philadelphia take it from their 
taxpayers, or maybe the art museum has to charge a little bit more so 
that the struggling taxpayers of the Fifth District of Texas and all 
over America don't have to pay more in taxes or borrow more money from 
the Chinese to help the art museum in Philadelphia.
  I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. I yield 2 minutes to the gentleman from 
Pennsylvania, City of Philadelphia (Mr. Fattah).

                              {time}  1715

  Mr. FATTAH. I rise in opposition to this amendment, and to support my 
colleague who has offered this very worthy project that's needed. The 
Philadelphia Art Museum is the finest art museum anywhere in the world, 
as far as I'm concerned, because I'm from the city of Philadelphia.
  But I think we all know that it's critically important to invest in 
these needed infrastructure repairs, and I'm very happy that the 
committee saw fit to include this.
  I'd hoped that we would at one point think about the real cost to our 
taxpayers of these amendments that are being offered. I think we 
probably have spent more than $750,000 on these amendments attacking 
earmarks, when in fact this is 1 percent of the bill. Even if this 
amendment passed, this money would not go against the deficit. This 
money would go to be spent in some other way.
  So the point here is this is a needed project. I support it. I thank 
the chairman for including it. I thank my colleague from Philadelphia 
for his very effective fight to get this included in this 
transportation bill.
  I think one thing that this amendment shows is that you're doing your 
job and working hard. And it benefits, like you said, the entire 
region.
  I thank the gentleman for yielding time.
  Mr. HENSARLING. Mr. Chairman, may I inquire how much time I have 
remaining and who has the right to close.
  The CHAIR. The gentleman from Texas has 15 seconds. The gentleman 
from Texas does have the right to close. The gentleman from 
Pennsylvania has 2\1/2\ minutes.
  Mr. HENSARLING. I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. Mr. Chairman, I find it ironic that people 
think the citizens of Philadelphia and of Pennsylvania don't pay 
Federal taxes, but they do.
  The reason why government was formed is to protect our citizens. So I 
thank the gentleman for offering his amendment, to allow me to stand 
here and represent my constituents, the constituents of the city of 
Philadelphia, in my district, and also to be able to do my job to show 
them I am bringing back resources to keep not only them safe, but to 
keep the millions of visitors, the children, everyone that does visit 
this art museum, keeping them safe. That's exactly what this funding 
would do.
  Again, I ask for a ``no'' vote on this amendment.
  I yield back the balance of my time.
  Mr. HENSARLING. Mr. Chairman, I will just point out to the gentleman 
from Pennsylvania that, according to his own Web site, the recipient is 
the Philadelphia Museum of Art, again, one of America's great art 
museums.
  But I don't want to borrow money from the Chinese to send the bill to 
my children and grandchildren at a time of a trillion-dollar deficit.
  Start saving the pennies and nickels and perhaps the dollars.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Texas (Mr. Hensarling).
  The question was taken; and the Chair announced that the noes 
appeared to have it.
  Mr. HENSARLING. 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 Texas will be postponed.


                       Announcement by the Chair

  The CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now 
resume on those amendments printed in House Report 111-219 on which 
further proceedings were postponed, in the following order:

[[Page H8664]]

  Amendment No. 2 printed in part A by Mr. Hensarling of Texas;
  Amendment No. 3 printed in part A by Mr. Latham of Iowa;
  Amendment No. 7 printed in part A by Mr. Frelinghuysen of New Jersey;
  Amendment No. 8 printed in part A by Mrs. Blackburn of Tennessee;
  Amendment No. 10 printed in part A by Mr. Jordan of Ohio;
  Amendment No. 11 printed in part A by Mr. Neugebauer of Texas;
  Amendment No. 12 printed in part A by Mr. Stearns of Florida;
  Amendment No. 1 printed in part B by Mr. Flake of Arizona;
  Amendment No. 4 printed in part B by Mr. Flake of Arizona;
  Amendment No. 7 printed in part B by Mr. Flake of Arizona;
  Amendment No. 8 printed in part B by Mr. Flake of Arizona;
  Amendment No. 9 printed in part B by Mr. Flake of Arizona;
  Amendment No. 10 printed in part B by Mr. Flake of Arizona;
  Amendment No. 11 printed in part B by Mr. Flake of Arizona;
  Amendment No. 3 printed in part C by Mr. Hensarling of Texas;
  Amendment No. 4 printed in part C by Mr. Hensarling of Texas.
  The Chair will reduce to 2 minutes the time for any electronic vote 
after the first vote in this series.


            Part A Amendment No. 2 Offered by Mr. Hensarling

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Hensarling) 
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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 152, 
noes 276, not voting 11, as follows:

                             [Roll No. 620]

                               AYES--152

     Akin
     Alexander
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Crenshaw
     Culberson
     Deal (GA)
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller, Gary
     Mitchell
     Moran (KS)
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Polis (CO)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Richardson
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Sanchez, Loretta
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (AK)
     Young (FL)

                               NOES--276

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     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
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Fortenberry
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Poe (TX)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Rodriguez
     Rogers (AL)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Sablan
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--11

     Barrett (SC)
     Bishop (UT)
     Boustany
     Hinojosa
     Kaptur
     McCarthy (NY)
     Moore (WI)
     Perriello
     Platts
     Ryan (OH)
     Slaughter


                       Announcement by the Chair

  The CHAIR (during the vote). There are 2 minutes remaining on the 
vote.

                              {time}  1743

  Messrs. CAO, FILNER, TIM MURPHY of Pennsylvania, LEVIN, BERRY, Mrs. 
NAPOLITANO, Mr. McDERMOTT, Ms. CASTOR of Florida, Messrs. ORTIZ, 
GRIJALVA, BERMAN, ADERHOLT, and BAIRD changed their vote from ``aye'' 
to ``no.''
  Messrs. NEUGEBAUER, THORNBERRY, CRENSHAW, TIAHRT, PETRI, EHLERS, 
KIRK, PUTNAM, DREIER, KING of New York, and BURGESS changed their vote 
from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Ms. SLAUGHTER. Mr. Chair, on rollcall No. 620, had I been present, I 
would have voted ``no.''


              Part A Amendment No. 3 Offered by Mr. Latham

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Iowa (Mr. Latham) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 136, 
noes 284, not voting 19, as follows:

                             [Roll No. 621]

                               AYES--136

     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bilirakis
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)

[[Page H8665]]


     Buyer
     Calvert
     Camp
     Campbell
     Capito
     Carter
     Cassidy
     Chaffetz
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gordon (TN)
     Granger
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     Lance
     Latham
     Latta
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Miller (FL)
     Moran (KS)
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Posey
     Price (GA)
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Simpson
     Smith (NE)
     Smith (TX)
     Stearns
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--284

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Cantor
     Cao
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Clyburn
     Coble
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     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
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--19

     Barrett (SC)
     Bishop (UT)
     Capuano
     Cleaver
     Davis (IL)
     Dicks
     Hall (NY)
     Higgins
     Israel
     Johnson (IL)
     Kennedy
     Matheson
     McCarthy (NY)
     McHugh
     Moore (WI)
     Paul
     Shea-Porter
     Spratt
     Terry


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1746

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


          Part A Amendment No. 7 Offered by Mr. Frelinghuysen

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from New Jersey (Mr. 
Frelinghuysen) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 116, 
noes 313, not voting 10, as follows:

                             [Roll No. 622]

                               AYES--116

     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Bachus
     Bartlett
     Blackburn
     Blunt
     Boccieri
     Bono Mack
     Boren
     Boustany
     Brady (PA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Buyer
     Calvert
     Campbell
     Cantor
     Carney
     Cassidy
     Clarke
     Coffman (CO)
     Cole
     Conaway
     Conyers
     Dahlkemper
     Delahunt
     Doggett
     Dreier
     Edwards (TX)
     Engel
     Fattah
     Forbes
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gohmert
     Hall (NY)
     Harper
     Hensarling
     Himes
     Hodes
     Holt
     Issa
     Jackson-Lee (TX)
     Johnson (IL)
     Jones
     Kanjorski
     King (IA)
     Kingston
     Kirk
     Kissell
     Kosmas
     Kucinich
     Lamborn
     Lance
     Latta
     Lewis (CA)
     Lucas
     Lummis
     Lungren, Daniel E.
     Manzullo
     Marchant
     Massa
     McCotter
     McHugh
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (NC)
     Murphy (CT)
     Murphy (NY)
     Nunes
     Pallone
     Pascrell
     Payne
     Pitts
     Platts
     Posey
     Price (GA)
     Radanovich
     Rehberg
     Roe (TN)
     Rothman (NJ)
     Royce
     Ryan (WI)
     Scalise
     Sensenbrenner
     Sestak
     Simpson
     Sires
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Terry
     Thompson (PA)
     Tierney
     Tsongas
     Turner
     Visclosky
     Walden
     Wexler
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NOES--313

     Abercrombie
     Ackerman
     Aderholt
     Austria
     Baca
     Bachmann
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehner
     Bonner
     Boozman
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Burton (IN)
     Butterfield
     Camp
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Filner
     Flake
     Fleming
     Fortenberry
     Foster
     Frank (MA)
     Franks (AZ)
     Fudge
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (TX)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hoekstra
     Holden
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Jordan (OH)
     Kagen
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirkpatrick (AZ)
     Klein (FL)
     Kline (MN)
     Kratovil
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Luetkemeyer
     Lujan
     Lynch
     Mack
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McDermott
     McGovern
     McHenry
     McIntyre
     McMahon

[[Page H8666]]


     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pastor (AZ)
     Paulsen
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Skelton
     Smith (WA)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Titus
     Tonko
     Towns
     Upton
     Van Hollen
     Velazquez
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--10

     Barrett (SC)
     Bishop (UT)
     Johnson, Sam
     McCarthy (NY)
     Moore (WI)
     Myrick
     Paul
     Pence
     Spratt
     Sullivan


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1749

  Mr. HALL of New York changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


            Part A Amendment No. 8 Offered by Mrs. Blackburn

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 181, 
noes 252, not voting 6, as follows:

                             [Roll No. 623]

                               AYES--181

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilirakis
     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
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy (NY)
     Murphy, Patrick
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Young (FL)

                               NOES--252

     Abercrombie
     Ackerman
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson, E.B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     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
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     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
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--6

     Barrett (SC)
     Bishop (UT)
     Johnson (GA)
     McCarthy (NY)
     Paul
     Spratt


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1752

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


         Part A Amendment No. 10 Offered by Mr. Jordan of Ohio

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Ohio (Mr. Jordan) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 145, 
noes 287, not voting 7, as follows:

                             [Roll No. 624]

                               AYES--145

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway

[[Page H8667]]


     Crenshaw
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Emerson
     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
     Inglis
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--287

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Buchanan
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     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
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     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
     Petri
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     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)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     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--7

     Barrett (SC)
     Bishop (UT)
     Culberson
     McCarthy (NY)
     Paul
     Price (NC)
     Spratt


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1755

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


           Part A Amendment No. 11 Offered by Mr. Neugebauer

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Neugebauer) 
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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 166, 
noes 267, not voting 6, as follows:

                             [Roll No. 625]

                               AYES--166

     Aderholt
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilirakis
     Blackburn
     Blunt
     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
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy (NY)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Peters
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Young (FL)

                               NOES--267

     Abercrombie
     Ackerman
     Adler (NJ)
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     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
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (NC)
     Miller, George

[[Page H8668]]


     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     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)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--6

     Barrett (SC)
     Bishop (UT)
     Conyers
     McCarthy (NY)
     Paul
     Woolsey


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1758

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


             Part A Amendment No. 12 Offered by Mr. Stearns

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Florida (Mr. Stearns) 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 152, 
noes 279, not voting 8, as follows:

                             [Roll No. 626]

                               AYES--152

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     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
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman

                               NOES--279

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     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)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     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
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E.B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kissell
     Klein (FL)
     Kosmas
     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
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     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)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--8

     Barrett (SC)
     Bishop (UT)
     Marchant
     McCarthy (NY)
     McMahon
     McMorris Rodgers
     Paul
     Ross


                       Announcement by the Chair

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

                              {time}  1801

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. McMAHON. Mr. Chair, on rollcall No. 626, I inadvertently voted 
``present'', and I meant to vote ``no.''


              Part B Amendment No. 1 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 108, 
noes 327, not voting 4, as follows:

                             [Roll No. 627]

                               AYES--108

     Akin
     Bachmann
     Bartlett
     Bilbray
     Blackburn
     Blunt
     Boehner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Buchanan
     Burgess
     Burton (IN)
     Camp
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Duncan
     Ehlers
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Graves
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Israel
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)

[[Page H8669]]


     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     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
     Pence
     Petri
     Pitts
     Posey
     Price (GA)
     Rehberg
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Smith (NE)
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--327

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bono Mack
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Buyer
     Calvert
     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
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gohmert
     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
     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
     Lucas
     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
     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)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     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)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     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
     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--4

     Barrett (SC)
     Bishop (UT)
     McCarthy (NY)
     Paul


                       Announcement by the Chair

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

                              {time}  1804

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


              Part B Amendment No. 4 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 105, 
noes 328, not voting 6, as follows:

                             [Roll No. 628]

                               AYES--105

     Akin
     Bachmann
     Bartlett
     Barton (TX)
     Bean
     Bilbray
     Blackburn
     Bono Mack
     Boustany
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Ehlers
     Fallin
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Harper
     Heller
     Hensarling
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kind
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMahon
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)

                               NOES--328

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     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)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Forbes
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Giffords
     Gingrey (GA)
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     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
     Latta
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     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
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson

[[Page H8670]]


     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
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     Tiberi
     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 (AK)
     Young (FL)

                             NOT VOTING--6

     Barrett (SC)
     Bishop (UT)
     Gerlach
     Herger
     McCarthy (NY)
     Paul


                       Announcement by the Chair

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

                              {time}  1807

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


              Part B Amendment No. 7 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 124, 
noes 310, not voting 5, as follows:

                             [Roll No. 629]

                               AYES--124

     Akin
     Austria
     Bachmann
     Bartlett
     Bean
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Dent
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Guthrie
     Hall (TX)
     Halvorson
     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
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Putnam
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--310

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bordallo
     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)
     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
     Faleomavaega
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     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
     Lucas
     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)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     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
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     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)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--5

     Barrett (SC)
     Bishop (UT)
     Lummis
     McCarthy (NY)
     Paul


                       Announcement by the Chair

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

                              {time}  1810

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mrs. LUMMIS. Mr. Chair, on rollcall No. 629, I was detained 
unavoidably. Had I been present, I would have voted ``aye.''


              Part B Amendment No. 8 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 125, 
noes 310, not voting 4, as follows:

                             [Roll No. 630]

                               AYES--125

     Akin
     Austria
     Bachmann
     Bartlett
     Barton (TX)
     Bean
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Davis (KY)
     Deal (GA)
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Hall (TX)
     Halvorson
     Harper
     Heller

[[Page H8671]]


     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
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Price (GA)
     Putnam
     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
     Young (FL)

                               NOES--310

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     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 (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
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hare
     Harman
     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
     Lucas
     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
     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)
     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
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--4

     Barrett (SC)
     Bishop (UT)
     McCarthy (NY)
     Paul


                       Announcement by the Chair

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

                              {time}  1813

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


              Part B Amendment No. 9 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 98, 
noes 331, not voting 10, as follows:

                             [Roll No. 631]

                                AYES--98

     Akin
     Austria
     Bachmann
     Bean
     Bilbray
     Blackburn
     Boehner
     Bono Mack
     Boustany
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Fallin
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Graves
     Harper
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jordan (OH)
     Kind
     Kingston
     Kline (MN)
     Lamborn
     Lance
     Latta
     Lee (NY)
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     McMahon
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Sullivan
     Thornberry
     Wamp
     Westmoreland
     Wilson (SC)

                               NOES--331

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     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
     Coble
     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
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     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)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     King (NY)
     Kirk
     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
     Lucas
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     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
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam

[[Page H8672]]


     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
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     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--10

     Barrett (SC)
     Bishop (UT)
     Doggett
     Holt
     Johnson (GA)
     King (IA)
     McCarthy (NY)
     Miller (NC)
     Paul
     Terry


                       Announcement by the Chair

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

                              {time}  1816

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


              Part B Amendment No. 10 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 105, 
noes 329, not voting 5, as follows:

                             [Roll No. 632]

                               AYES--105

     Akin
     Austria
     Bachmann
     Bartlett
     Bilbray
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Castle
     Coble
     Coffman (CO)
     Conaway
     Deal (GA)
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Garrett (NJ)
     Gingrey (GA)
     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
     Lance
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Pence
     Petri
     Pitts
     Poe (TX)
     Price (GA)
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--329

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bordallo
     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)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     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
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     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
     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)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     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)
     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
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     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--5

     Barrett (SC)
     Bishop (UT)
     Franks (AZ)
     McCarthy (NY)
     Paul


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1819

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


              Part B Amendment No. 11 Offered by Mr. Flake

  The 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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 105, 
noes 329, not voting 5, as follows:

                             [Roll No. 633]

                               AYES--105

     Akin
     Austria
     Bachmann
     Bartlett
     Bilbray
     Blackburn
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Graves
     Harper
     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
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri

[[Page H8673]]


     Pitts
     Poe (TX)
     Price (GA)
     Radanovich
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--329

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bordallo
     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
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     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
     Faleomavaega
     Farr
     Fattah
     Filner
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gohmert
     Gonzalez
     Gordon (TN)
     Granger
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     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
     Lucas
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     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)
     Platts
     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)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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
     Upton
     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--5

     Barrett (SC)
     Bishop (UT)
     McCarthy (NY)
     Paul
     Sablan


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1822

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


            Part C Amendment No. 3 Offered by Mr. Hensarling

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Hensarling) 
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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 124, 
noes 309, not voting 6, as follows:

                             [Roll No. 634]

                               AYES--124

     Akin
     Austria
     Bachmann
     Bartlett
     Barton (TX)
     Biggert
     Bilirakis
     Blackburn
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Deal (GA)
     Dent
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     LaTourette
     Latta
     Linder
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Price (GA)
     Radanovich
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Young (AK)

                               NOES--309

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boccieri
     Bonner
     Bordallo
     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)
     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
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Giffords
     Gohmert
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     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
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lujan
     Lynch
     Maffei
     Maloney
     Manzullo
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     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)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Poe (TX)
     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

[[Page H8674]]


     Schakowsky
     Schauer
     Schiff
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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)
     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 (FL)

                             NOT VOTING--6

     Barrett (SC)
     Bilbray
     Bishop (UT)
     Ellsworth
     McCarthy (NY)
     Paul


                       Announcement by the Chair

  The CHAIR (during the vote). There is 1 minute remaining on the vote.

                              {time}  1825

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


            Part C Amendment No. 4 Offered by Mr. Hensarling

  The CHAIR. The unfinished business is the demand for a recorded vote 
on the amendment offered by the gentleman from Texas (Mr. Hensarling) 
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 CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 109, 
noes 326, not voting 4, as follows:

                             [Roll No. 635]

                               AYES--109

     Akin
     Bachmann
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Bright
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell
     Cantor
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Davis (KY)
     Deal (GA)
     Duncan
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey (GA)
     Goodlatte
     Graves
     Hall (TX)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latta
     Linder
     Luetkemeyer
     Lummis
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Miller (FL)
     Minnick
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Petri
     Pitts
     Posey
     Price (GA)
     Radanovich
     Roe (TN)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman

                               NOES--326

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     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 (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Gerlach
     Giffords
     Gohmert
     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
     Kind
     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
     Lucas
     Lujan
     Lungren, Daniel E.
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     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)
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Price (NC)
     Putnam
     Quigley
     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
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     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)
     Tierney
     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 (AK)
     Young (FL)

                             NOT VOTING--4

     Barrett (SC)
     Bishop (UT)
     McCarthy (NY)
     Paul


                       Announcement by the Chair

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

                              {time}  1828

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIR. The Clerk will read.
  The Clerk read as follows:

       This Act may be cited as the ``Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2010''.

  The CHAIR. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Weiner) having assumed the chair, Mr. Snyder, 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. 3288) making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes, pursuant to House 
Resolution 669, 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 669, 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. LATHAM. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. LATHAM. In its current form, I am.
  Mr. OLVER. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. The gentleman reserves a point of order.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. Latham moves to recommit the bill H.R. 3288 to the 
     Committee on Appropriations with instructions to report the 
     same

[[Page H8675]]

     back to the House forthwith with the following amendment:
       Page 4, strike lines 11 through 16, and insert the 
     following:


           TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $10,233,000.
       Page 7, strike line 16 and all that follows through line 23 
     on page 10, and insert the following:

                    Federal Aviation Administration


                               OPERATIONS

                    (AIRPORT AND AIRWAY TRUST FUND)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 108-176, $9,335,798,000, of which 
     $5,190,798,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,300,739,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,231,765,000 shall be available for aviation safety 
     activities; not to exceed $14,737,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $113,681,000 shall be available for financial services 
     activities; not to exceed $100,428,000 shall be available for 
     human resources program activities; not to exceed 
     $330,607,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $190,063,000 shall be available for staff offices; and 
     not to exceed $49,778,000 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary utilize not less than 
     $17,084,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That not later than March 31 
     of each fiscal year hereafter, the Administrator  of the 
     Federal Aviation Administration shall transmit to Congress 
     an annual update to the report submitted to Congress in 
     December 2004 pursuant to section 221 of Public Law 108-
     176: Provided further, That funds may be used to enter 
     into a grant agreement with a nonprofit standard-setting 
     organization to assist in the development of aviation 
     safety standards: Provided further, That none of the funds 
     in this Act shall be available for new applicants for the 
     second career training program: Provided further, That 
     none of the funds in this Act shall be available for the 
     Federal Aviation Administration to finalize or implement 
     any regulation that would promulgate new aviation user 
     fees not specifically authorized by law after the date of 
     the enactment of this Act: Provided further, That there 
     may be credited to this appropriation as offsetting 
     collections funds received from States, counties, 
     municipalities, foreign authorities, other public 
     authorities, and private sources, including funds from 
     fees authorized under Chapter 453 of title 49, United 
     States Code, other than those authorized by Section 
     45301(a)(1) of that title, which shall be available for 
     expenses incurred in the provision of agency services, 
     including receipts for the maintenance and operation of 
     air navigation facilities, and for issuance, renewal or 
     modification of certificates, including airman, aircraft, 
     and repair station certificates, or for tests related 
     thereto, or for processing major repair or alteration 
     forms: Provided further, That of the funds appropriated 
     under this heading, not less than $9,500,000 shall be for 
     the contract tower cost-sharing program: Provided further, 
     That of the funds available under this heading not to 
     exceed $500,000 shall be provided to the Department of 
     Transportation's Office of Inspector General through 
     reimbursement to conduct the annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code, and not to exceed $120,000 shall be 
     provided to that office through reimbursement to conduct 
     the annual Enterprise Services Center Statement on 
     Auditing Standards 70 audit: Provided further, That none 
     of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Working Capital Fund.
       Page 12, strike lines 12 through 25, and insert the 
     following:

                 Research, Engineering, and Development


                    (AIRPORT AND AIRWAY TRUST FUND)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $180,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2012: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.
       Page 38, strike lines 1 through 15, and insert the 
     following:

             National Highway Traffic Safety Administration


                        OPERATIONS AND RESEARCH

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     subtitle C of title X of Public Law 109-59 and chapter 301 
     and part C of subtitle VI of title 49, United States Code, 
     $129,774,000, of which $32,045,000 shall remain available 
     until September 30, 2011: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.
       Page 39, strike line 21 and all that follows through line 2 
     on page 40.
       Page 42, strike lines 18 through 23, and insert the 
     following:

                    Federal Railroad Administration


                         SAFETY AND OPERATIONS

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $168,770,000 of 
     which $15,300,000 shall remain available until September 30, 
     2011.
       Page 44, strike line 1 and all that follows through line 13 
     on page 46, and insert the following:


    CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY 
                         PASSENGER RAIL SERVICE

       To enable the Secretary of Transportation to make passenger 
     rail grants for capital projects as authorized under sections 
     26106 and 24406 of title 49, United States Code; the 
     acquisition of new rolling stock; and to enter into 
     cooperative agreements for these purposes, $1,000,000,000, to 
     remain available until September 30, 2015: Provided, That 
     $50,000,000 of funds provided under this paragraph are 
     available to the Administrator of the Federal Railroad 
     Administration to fund the award and oversight of financial 
     assistance made under this paragraph: Provided further, That 
     up to $30,000,000 of the funds provided under this paragraph 
     are available to the Administrator for the purposes of 
     conducting research and demonstrating technologies supporting 
     the development of passenger rail service that is expected to 
     maintain an average speed of 110 miles per hour or is 
     reasonably expected to reach speeds of at least 150 miles per 
     hour, including the implementation of the Rail Cooperative 
     Research Program authorized by section 24910 of title 49, 
     United States Code: Provided further, That up to $50,000,000 
     of the funds provided under this paragraph may be used for 
     planning activities that lead directly to the development of 
     a passenger rail corridor investment plan consistent with the 
     requirements established by the Administrator or a state rail 
     plan consistent with chapter 227 of title 49, United States 
     Code: Provided further, That the Secretary shall issue 
     regulations covering application procedures and grant 
     criteria for the passenger rail grants provided under this 
     paragraph: Provided further, That the Federal share payable 
     of the costs for which financial assistance is made under 
     this paragraph shall not exceed 80 percent: Provided further, 
     That in addition to the provisions of title 49, United States 
     Code, that apply to the passenger rail programs funded under 
     this paragraph, sections 24402(a)(2), 24402(f), 24402(i), and 
     24403(a) and (c) of title 49, United States Code, shall also 
     apply to the provision of funds provided under this 
     paragraph: Provided further, That a project need not be in a 
     state rail plan developed under chapter 227 of title 49, 
     United States Code, to be eligible for assistance under this 
     heading: Provided further, That up to $5,000,000 of the funds 
     provided under this paragraph are available to the 
     Administrator for the purposes of implementing section 24316 
     of title 49, United States Code.
       Page 62, strike lines 11 through 21, and insert the 
     following:

         Pipeline and Hazardous Materials Safety Administration


                          OPERATIONAL EXPENSES

                         (PIPELINE SAFETY FUND)

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $18,968,000, of 
     which $639,000 shall be derived from the Pipeline Safety 
     Fund: Provided, That $1,000,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline Safety 
     Information Grants to Communities'' as authorized under 
     section 60130 of title 49, United States Code.
       Page 62, strike line 22 and all that follows through line 
     11 on page 63, and insert the following:


                       HAZARDOUS MATERIALS SAFETY

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $35,500,000, of which $2,699,000

[[Page H8676]]

     shall remain available until September 30, 2012: Provided, 
     That up to $800,000 in fees collected under 49 U.S.C. 5108(g) 
     shall be deposited in the general fund of the Treasury as 
     offsetting receipts: Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from states, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.
       Page 65, strike line 19 and all that follows through line 8 
     on page 66, and insert the following:

                      Surface Transportation Board


                         SALARIES AND EXPENSES

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $27,032,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2010, to result in a final appropriation from the 
     general fund estimated at no more than $25,782,000.
       Page 78, strike line 6 and all that follows through line 7 
     on page 85, and insert the following:

                       Public and Indian Housing


                     TENANT-BASED RENTAL ASSISTANCE

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 143711 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $13,911,000,000, to remain available until expended, shall be 
     available on October 1, 2009 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that will become available on October 1, 2009), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $16,189,200,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose vouchers initially funded in fiscal year 2008 and 
     2009 (such as Family Unification, Veterans Affairs Supportive 
     Housing Vouchers and Non-elderly Disabled Vouchers): 
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph and any carryover, 
     the Secretary for the calendar year 2010 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on voucher management system (VMS) leasing and cost data for 
     the most recent Federal fiscal year and by applying the most 
     recent Annual Adjustment Factor as established by the 
     Secretary, and by making any necessary adjustments for the 
     costs associated with deposits to family self-sufficiency 
     program escrow accounts or first-time renewals including 
     tenant protection or HOPE VI vouchers: Provided further, That 
     none of the funds provided under this paragraph may be used 
     to fund a total number of unit months under lease which 
     exceeds a public housing agency's authorized level of units 
     under contract: Provided further, That the Secretary shall, 
     to the extent necessary to stay within the amount specified 
     under this paragraph (except as otherwise modified under 
     this Act), pro rate each public housing agency's 
     allocation otherwise established pursuant to this 
     paragraph: Provided further, That except as provided in 
     the last two provisos, the entire amount specified under 
     this paragraph (except as otherwise modified under this 
     Act) shall be obligated to the public housing agencies 
     based on the allocation and pro rata method described 
     above, and the Secretary shall notify public housing 
     agencies of their annual budget not later than 60 days 
     after enactment of this Act: Provided further, That the 
     Secretary may extend the 60-day notification period with 
     the written approval of the House and Senate Committees on 
     Appropriations: Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work 
     agreements and shall be subject to the same pro rata 
     adjustments under the previous provisos: Provided further, 
     That up to $150,000,000 shall be available only: (1) to 
     adjust the allocations for public housing agencies, after 
     application for an adjustment by a public housing agency 
     that experienced a significant increase, as determined by 
     the Secretary, in renewal costs of tenant-based rental 
     assistance resulting from unforeseen circumstances or from 
     portability under section 8(r) of the Act; (2) for 
     adjustments for public housing agencies with voucher 
     leasing rates at the end of the calendar year that exceed 
     the average leasing for the 12-month period used to 
     establish the allocation; (3) for adjustments for the 
     costs associated with VASH vouchers; or (4) for vouchers 
     that were not in use during the 12-month period in order 
     to be available to meet a commitment pursuant to section 
     8(o)(13) of the Act.
       (2) $103,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended, or under the authority as provided under 
     this Act: Provided, That the Secretary may provide 
     replacement vouchers for all units that were occupied within 
     the previous 24 months that cease to be available as assisted 
     housing, subject to the availability of funds.
       (3) $1,493,800,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $50,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers: Provided, That no less than 
     $1,443,800,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2010 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276): 
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts 
     determined under the previous proviso, the Secretary may 
     decrease the amounts allocated to agencies by a uniform 
     percentage applicable to all agencies receiving funding 
     under this paragraph or may, to the extent necessary to 
     provide full payment of amounts determined under the 
     previous proviso, utilize unobligated balances, including 
     recaptures and carryovers, remaining from funds 
     appropriated to the Department of Housing and Urban 
     Development under this heading, for fiscal year 2009 and 
     prior fiscal years, notwithstanding the purposes for which 
     such amounts were appropriated: Provided further, That 
     amounts provided under this paragraph shall be only for 
     activities related to the provision of tenant-based rental 
     assistance authorized under section 8, including related 
     development activities.
       (4) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over.
       (5) $50,000,000 shall be for family self-sufficiency 
     coordinators under section 23 of the Act.
       Page 85, strike line 21 and all that follows through line 
     14 on page 87, and insert the following:


                      PUBLIC HOUSING CAPITAL FUND

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $2,244,000,000, to remain available until September 30, 2013: 
     Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2010 the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian

[[Page H8677]]

     Housing any authority under paragraph (2) of section 9(j) 
     regarding the extension of the time periods under such 
     section: Provided further, That for purposes of such section 
     9(j), the term ``obligate'' means, with respect to amounts, 
     that the amounts are subject to a binding agreement that will 
     result in outlays, immediately or in the future: Provided 
     further, That up to $15,345,000 shall be to support the 
     ongoing Public Housing Financial and Physical Assessment 
     activities of the Real Estate Assessment Center (REAC): 
     Provided further, That of the total amount provided under 
     this heading, not to exceed $20,000,000 shall be available 
     for the Secretary to make grants, notwithstanding section 204 
     of this Act, to public housing agencies for emergency capital 
     needs including safety and security measures necessary to 
     address crime and drug-related activity as well as needs 
     resulting from unforeseen or unpreventable emergencies and 
     natural disasters, excluding Presidentially declared 
     emergencies and natural disasters under the Robert T. 
     Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et 
     seq.), occurring in fiscal year 2010: Provided further, That 
     of the total amount provided under this heading, $50,000,000 
     shall be for supportive services, service coordinators and 
     congregate services as authorized by section 34 of the Act 
     (42 U.S.C. 1437z-6) and the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.): Provided further, That of the total amount provided 
     under this heading, up to $8,820,000 is to support the costs 
     of administrative and judicial receiverships: Provided 
     further, That from the funds made available under this 
     heading, the Secretary shall provide bonus awards in fiscal 
     year 2010 to public housing agencies that are designated high 
     performers.
       Page 87, strike lines 15 through 19, and insert the 
     following:


                     PUBLIC HOUSING OPERATING FUND

       For 2010 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,600,000,000.
       Page 88, strike line 13 and all that follows through line 
     23 on page 89, and insert the following:


                  NATIVE AMERICAN HOUSING BLOCK GRANTS

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $645,000,000, to remain available until 
     expended: Provided, That, notwithstanding the Native American 
     Housing Assistance and Self-Determination Act of 1996, to 
     determine the amount of the allocation under title I of such 
     Act for each Indian tribe, the Secretary shall apply the 
     formula under section 302 of such Act with the need component 
     based on single race Census data and with the need component 
     based on multi-race Census data, and the amount of the 
     allocation for each Indian tribe shall be the greater of the 
     two resulting allocation amounts: Provided further, That of 
     the amounts made available under this heading, $3,500,000 
     shall be contracted for assistance for a national 
     organization representing Native American housing interests 
     for providing training and technical assistance to Indian 
     housing authorities and tribally designated housing entities 
     as authorized under NAHASDA; and $4,250,000 shall be to 
     support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $300,000 for 
     related travel: Provided further, That of the amount provided 
     under this heading, $2,000,000 shall be made available for 
     the cost of guaranteed notes and other obligations, as 
     authorized by title VI of NAHASDA: Provided further, That 
     such costs, including the costs of modifying such notes and 
     other obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $18,000,000.
       Page 90, strike lines 1 through 9, and insert the 
     following:


                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
     et seq.), $10,000,000, to remain available until expended: 
     Provided, That of this amount, $300,000 shall be for training 
     and technical assistance activities, including up to $100,000 
     for related travel by Hawaii-based HUD employees.
       Page 91, strike lines 12 through 24, and insert the 
     following:

                   Community Planning and Development


              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $310,000,000, to remain 
     available until September 30, 2011, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2012: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section.
       Page 92, strike line 1 and all that follows through line 16 
     on page 95, and insert the following:

                       Community Development Fund

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,450,000,000, to remain 
     available until September 30, 2012, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $4,016,000,000 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and 
     amounts made available under the third paragraph), not to 
     exceed 20 percent of any grant made with funds 
     appropriated under this heading shall be expended for 
     planning and management development and administration: 
     Provided further, That $65,000,000 shall be for grants to 
     Indian tribes notwithstanding section 106(a)(1) of such 
     Act, of which, notwithstanding any other provision of law 
     (including section 204 of this Act), up to $3,960,000 may 
     be used for emergencies that constitute imminent threats 
     to health and safety.
       Of the amount made available under this heading, 
     $151,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2008, 
     2009 and 2010, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $18,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced statement of the managers under this heading 
     ``Community Planning and Development'' in title II of 
     division K of Public Law 110-161 is deemed to be amended by 
     striking ``Custer County, ID for acquisition of an unused 
     middle school building'' and inserting ``Custer County, ID, 
     to construct a community center''.
       The referenced statement of the managers under this heading 
     ``Community Planning and Development'' in title II of 
     division I of Public Law 111-8 is deemed to be amended by 
     striking ``Custer County, ID, to purchase a middle school 
     building'' and inserting ``Custer County, ID, to construct a 
     community center''.
       Of the amounts made available under this heading, 
     $150,000,000 shall be made available for a Sustainable 
     Communities Initiative to stimulate improved regional 
     planning efforts that integrate housing and transportation 
     decisions, and to challenge communities to reform zoning and 
     land use ordinances: Provided, That $100,000,000 shall be for 
     Regional Planning Grants to support the linking of 
     transportation and land use planning: Provided further, That 
     $40,000,000 shall be for Metropolitan Challenge Grants to 
     foster reform and reduce barriers to achieve affordable, 
     economically vital, and sustainable communities: Provided 
     further, That up to $10,000,000 shall be for a joint 
     Department of Housing and Urban Development and Department of 
     Transportation research effort that shall include a rigorous 
     evaluation of the Regional Planning Grants and Metropolitan 
     Challenge Grants programs: Provided further, That of the 
     amounts made available under this heading, $25,000,000 shall 
     be made available for the Rural Innovation Fund to address 
     the problems of concentrated rural housing distress and 
     community poverty: Provided further, That of the amounts made 
     available under this heading, $25,000,000 shall be made 
     available for the University Community Fund for grants to 
     assist universities in revitalizing their surrounding 
     communities, with special attention to Historically Black 
     Colleges and Universities, Tribal Colleges and Universities, 
     Alaska Native/Native Hawaiian Institutions, and Hispanic-
     Serving Institutions: Provided further, That the 
     Secretary shall develop and publish guidelines for the use 
     of such competitive funds including, but not limited to, 
     eligibility criteria, minimum grant amounts, and 
     performance metrics.
       Page 96, strike lines 6 through 14.
       Page 96, strike line 15 and all that follows through line 2 
     on page 97, and insert the following:


                  home investment partnerships program

       For the HOME investment partnerships program, as authorized 
     under title II of the

[[Page H8678]]

     Cranston-Gonzalez National Affordable Housing Act, as amended 
     (42 U.S.C. 12721 et seq.), $1,825,000,000, to remain 
     available until September 30, 2012: Provided, That funds 
     provided in prior appropriations Acts for technical 
     assistance, that were made available for Community Housing 
     Development Organizations technical assistance, and that 
     still remain available, may be used for HOME technical 
     assistance notwithstanding the purposes for which such 
     amounts were appropriated.
       Page 97, strike lines 3 through 23, and insert the 
     following:


        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended (42 
     U.S.C. 12805 note), $77,000,000, to remain available until 
     September 30, 2012: Provided, That of the total amount 
     provided under this heading, $27,000,000 shall be made 
     available to the Self-Help and Assisted Homeownership 
     Opportunity Program as authorized under section 11 of the 
     Housing Opportunity Program Extension Act of 1996, as 
     amended: Provided further, That $46,500,000 shall be made 
     available for the second, third and fourth capacity building 
     activities authorized under section 4(a) of the HUD 
     Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
     less than $10,000,000 may be made available for rural 
     capacity building activities: Provided further, That 
     $3,500,000 shall be made available for capacity building 
     activities as authorized in sections 6301 through 6305 of 
     Public Law 110-246.
       Page 98, strike line 1 and all that follows through line 2 
     on page 100, and insert the following:


                       homeless assistance grants

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,793,715,000, of which 
     $1,788,715,000 shall remain available until September 30, 
     2012, and of which $5,000,000 shall remain available until 
     expended for rehabilitation projects with 10-year grant 
     terms: Provided, That not less than 30 percent of funds made 
     available, excluding amounts provided for renewals under the 
     shelter plus care program shall be used for permanent housing 
     for individuals and families: Provided further, That all 
     funds awarded for services shall be matched by not less than 
     25 percent in funding by each grantee: Provided further, That 
     for all match requirements applicable to funds made available 
     under this heading for this fiscal year and prior years, a 
     grantee may use (or could have used) as a source of match 
     funds other funds administered by the Secretary and other 
     Federal agencies unless there is (or was) a specific 
     statutory prohibition on any such use of any such funds: 
     Provided further, That the Secretary shall renew on an annual 
     basis expiring contracts or amendments to contracts funded 
     under the shelter plus care program if the program is 
     determined to be needed under the applicable continuum of 
     care and meets appropriate program requirements and 
     financial standards, as determined by the Secretary: 
     Provided further, That all awards of assistance under this 
     heading shall be required to coordinate and integrate 
     homeless programs with other mainstream health, social 
     services, and employment programs for which homeless 
     populations may be eligible, including Medicaid, State 
     Children's Health Insurance Program, Temporary Assistance 
     for Needy Families, Food Stamps, and services funding 
     through the Mental Health and Substance Abuse Block Grant, 
     Workforce Investment Act, and the Welfare-to-Work grant 
     program: Provided further, That up to $8,000,000 of the 
     funds appropriated under this heading shall be available 
     for the national homeless data analysis project and 
     technical assistance: Provided further, That all balances 
     for Shelter Plus Care renewals previously funded from the 
     Shelter Plus Care Renewal account and transferred to this 
     account shall be available, if recaptured, for Shelter 
     Plus Care renewals in fiscal year 2010.
       Page 100, strike line 3 and all that follows through line 
     10 on page 102, and insert the following:

                            Housing Programs


                    PROJECT-BASED RENTAL ASSISTANCE

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $7,706,328,000, to remain available until 
     expended, shall be available on October 1, 2009, and 
     $393,672,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) Up to $7,868,000,000 shall be available for expiring or 
     terminating section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     amendments to section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     contracts entered into pursuant to section 441 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for 
     renewal of section 8 contracts for units in projects that are 
     subject to approved plans of action under the Emergency Low 
     Income Housing Preservation Act of 1987 or the Low-Income 
     Housing Preservation and Resident Homeownership Act of 1990, 
     and for administrative and other expenses associated with 
     project-based activities and assistance funded under this 
     paragraph.
       (2) Not less than $232,000,000 but not to exceed 
     $258,000,000 shall be available for performance-based 
     contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary of Housing and Urban 
     Development may also use such amounts for performance-based 
     contract administrators for the administration of: interest 
     reduction payments pursuant to section 236(a) of the National 
     Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
     pursuant to section 101 of the Housing and Urban Development 
     Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
     assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
     assistance contracts for the elderly under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); project 
     rental assistance contracts for supportive housing for 
     persons with disabilities under section 811(d)(2) of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013(d)(2)); project assistance contracts pursuant to section 
     202(h) of the Housing Act of 1959 (Public Law 86-372; 73 
     Stat. 667); and loans under section 202 of the Housing Act of 
     1959 (Public Law 86-372; 73 Stat. 667).
       (3) Amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'' may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated.
       Page 102, strike line 11 and all that follows through line 
     6 on page 104, and insert the following:


                        HOUSING FOR THE ELDERLY

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701(q)), as amended, and for project rental assistance for 
     the elderly under section 202(c)(2) of such Act, including 
     amendments to contracts for such assistance and renewal of 
     expiring contracts for such assistance for up to a 1-year 
     term, and for supportive services associated with the 
     housing, $765,000,000, to remain available until September 
     30, 2013, of which up to $637,000,000 shall be for capital 
     advance and project based rental assistance awards: Provided, 
     That, of the amount provided under this heading, up to 
     $90,000,000 shall be for service coordinators and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects, and of which up to 
     $25,000,000 shall be for grants under section 202b of the 
     Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of 
     eligible projects under such section to assisted living or 
     related use and for substantial and emergency capital repairs 
     as determined by the Secretary: Provided further, That of the 
     amount made available under this heading, $20,000,000 shall 
     be available to the Secretary of Housing and Urban 
     Development only for making competitive grants to private 
     nonprofit organizations and consumer cooperatives for 
     covering costs of architectural and engineering work, site 
     control, and other planning relating to the development of 
     supportive housing for the elderly that is eligible for 
     assistance under section 202 of the Housing Act of 1959 (12 
     U.S.C. 1701q): Provided further, That amounts under this 
     heading shall be available for Real Estate Assessment Center 
     inspections and inspection-related activities associated with 
     section 202 capital advance projects: Provided further, That 
     up to $2,000,000 of the total amount made available under 
     this heading shall be for technical assistance to improve 
     grant applications and to facilitate the development of 
     housing for the elderly under section 202 of the Housing Act 
     of 1959, and supportive housing for persons with disabilities 
     under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act: Provided further, That the Secretary 
     may waive the provisions of section 202 governing the terms 
     and conditions of project rental assistance, except that the 
     initial contract term for such assistance shall not exceed 5 
     years in duration.
       Page 104, strike line 7 and all that follows through line 
     14 on page 105, and insert the following:


                 HOUSING FOR PERSONS WITH DISABILITIES

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013), for project rental assistance for supportive housing 
     for persons with disabilities under section 811(d)(2) of such 
     Act, including amendments to contracts for such assistance 
     and renewal of expiring contracts for such assistance for up 
     to a 1-year term, and for supportive services associated with 
     the housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $250,000,000, of which up to $114,000,000 shall be 
     for capital advances and project-based rental assistance

[[Page H8679]]

     contracts, to remain available until September 30, 2013:
       Provided further, That, of the amount provided under this 
     heading, $87,100,000 shall be for amendments or renewal of 
     tenant-based assistance contracts entered into prior to 
     fiscal year 2005 (only one amendment authorized for any such 
     contract): Provided further, That all tenant-based assistance 
     made available under this heading shall continue to remain 
     available only to persons with disabilities: Provided 
     further, That the Secretary may waive the provisions of 
     section 811 governing the terms and conditions of project 
     rental assistance and tenant-based assistance, except that 
     the initial contract term for such assistance shall not 
     exceed 5 years in duration: Provided further, That amounts 
     made available under this heading shall be available for Real 
     Estate Assessment Center inspections and inspection-related 
     activities associated with section 811 Capital Advance 
     Projects.
       Page 146, strike line 20 and all that follows through line 
     4 on page 47, and insert the following:

       Architectural and Transportation Barriers Compliance Board


                         SALARIES AND EXPENSES

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $7,000,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.
       Page 147, strike line 16 and all that follows through line 
     8 on page 148, and insert the following:

                  National Transportation Safety Board


                         SALARIES AND EXPENSES

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $95,400,000 of which not to exceed $2,000 may be used for 
     official reception and representation expenses. The amounts 
     made available to the National Transportation Safety Board in 
     this Act include amounts necessary to make lease payments on 
     an obligation incurred in fiscal year 2001 for a capital 
     lease. Of the funds provided, up to $100,000 shall be 
     provided through reimbursement to the Department of 
     Transportation's Office of Inspector General to audit the 
     National Transportation Safety Board's financial statements.
       Page 148, strike line 9 and all that follows through line 8 
     on page 153, and insert the following:

                 Neighborhood Reinvestment Corporation


          PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $133,000,000: Provided, That 
     Section 605(a) of the Neighborhood Reinvestment 
     Corporation Act (42 U.S.C. 8104(a)) is amended by adding 
     at the end of the first sentence, prior to the period, ``, 
     except that the board-appointed officers may be paid 
     salary at a rate not to exceed level II of the Executive 
     Schedule'': Provided further, That in addition, 
     $33,800,000 shall be made available until expended to the 
     Neighborhood Reinvestment Corporation for mortgage 
     foreclosure mitigation activities, under the following 
     terms and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC''), 
     shall make grants to counseling intermediaries approved by 
     the Department of Housing and Urban Development (HUD) (with 
     match to be determined by the NRC based on affordability and 
     the economic conditions of an area; a match also may be 
     waived by the NRC based on the aforementioned conditions) to 
     provide mortgage foreclosure mitigation assistance primarily 
     to States and areas with high rates of defaults and 
     foreclosures primarily in the subprime housing market to help 
     eliminate the default and foreclosure of mortgages of owner-
     occupied single-family homes that are at risk of such 
     foreclosure. Other than areas with high rates of defaults and 
     foreclosures, grants may also be provided to approved 
     counseling intermediaries based on a geographic analysis of 
     the Nation by the NRC which determines where there is a 
     prevalence of subprime mortgages that are risky and likely to 
     fail, including any trends for mortgages that are likely to 
     default and face foreclosure. A State Housing Finance Agency 
     may also be eligible where the State Housing Finance Agency 
     meets all the requirements under this paragraph. A HUD-
     approved counseling intermediary shall meet certain mortgage 
     foreclosure mitigation assistance counseling requirements, as 
     determined by the NRC, and shall be approved by HUD or the 
     NRC as meeting these requirements.
       (2) Mortgage foreclosure mitigation assistance shall only 
     be made available to homeowners of owner-occupied homes with 
     mortgages in default or in danger of default. These mortgages 
     shall likely be subject to a foreclosure action and 
     homeowners will be provided such assistance that shall 
     consist of activities that are likely to prevent foreclosures 
     and result in the long-term affordability of the mortgage 
     retained pursuant to such activity or another positive 
     outcome for the homeowner. No funds made available under this 
     paragraph may be provided directly to lenders or homeowners 
     to discharge outstanding mortgage balances or for any other 
     direct debt reduction payments.
       (3) The use of Mortgage Foreclosure Mitigation Assistance 
     by approved counseling intermediaries and State Housing 
     Finance Agencies shall involve a reasonable analysis of the 
     borrower's financial situation, an evaluation of the current 
     value of the property that is subject to the 
     mortgage, counseling regarding the assumption of the 
     mortgage by another non-Federal party, counseling 
     regarding the possible purchase of the mortgage by a non-
     Federal third party, counseling and advice of all likely 
     restructuring and refinancing strategies or the approval 
     of a workout strategy by all interested parties.
       (4) NRC may provide up to 15 percent of the total funds 
     under this paragraph to its own charter members with 
     expertise in foreclosure prevention counseling, subject to a 
     certification by the NRC that the procedures for selection do 
     not consist of any procedures or activities that could be 
     construed as an unacceptable conflict of interest or have the 
     appearance of impropriety.
       (5) HUD-approved counseling entities and State Housing 
     Finance Agencies receiving funds under this paragraph shall 
     have demonstrated experience in successfully working with 
     financial institutions as well as borrowers facing default, 
     delinquency and foreclosure as well as documented counseling 
     capacity, outreach capacity, past successful performance and 
     positive outcomes with documented counseling plans (including 
     post mortgage foreclosure mitigation counseling), loan 
     workout agreements and loan modification agreements. NRC may 
     use other criteria to demonstrate capacity in underserved 
     areas.
       (6) Of the total amount made available under this 
     paragraph, up to $3,000,000 may be made available to build 
     the mortgage foreclosure and default mitigation counseling 
     capacity of counseling intermediaries through NRC training 
     courses with HUD-approved counseling intermediaries and their 
     partners, except that private financial institutions that 
     participate in NRC training shall pay market rates for such 
     training.
       (7) Of the total amount made available under this 
     paragraph, up to 4 percent may be used for associated 
     administrative expenses for the NRC to carry out activities 
     provided under this section.
       (8) Mortgage foreclosure mitigation assistance grants may 
     include a budget for outreach and advertising, and training, 
     as determined by the NRC.
       (9) The NRC shall report bi-annually to the House and 
     Senate Committees on Appropriations as well as the Senate 
     Banking Committee and House Financial Services Committee on 
     its efforts to mitigate mortgage default. Such reports shall 
     identify successful strategies and methods for preserving 
     homeownership and the long-term affordability of at risk 
     mortgages and shall include recommended efforts that will or 
     likely can assist in the success of this program as well as 
     an analysis of any policy and procedures that failed to 
     result in successful mortgage foreclosure mitigation. The 
     report shall include an analysis of the details and use of 
     any post mitigation counseling of assisted borrowers designed 
     to ensure the continued long-term affordability of the 
     mortgages which were the subject of the mortgage foreclosure 
     mitigation assistance.

  Mr. OLVER (during the reading). Mr. Speaker, I ask unanimous consent 
to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  Mr. ISSA. Objection.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read.
  The Clerk continued to read.
  Mr. LATHAM (during the reading.) Mr. Speaker, I withdraw the motion 
to recommit.
  The SPEAKER pro tempore. The motion to recommit is withdrawn.


                           Motion to Recommit

  Mr. LATHAM. Mr. Speaker, I have a motion to recommit at the desk.
  Mr. OLVER. Mr. Speaker, I reserve a point of order on the motion.
  The SPEAKER pro tempore. The point of order is reserved.
  Is the gentleman opposed to the bill?
  Mr. LATHAM. In its present form, I am, yes.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Latham moves to recommit the bill H.R. 3288 to the 
     Committee on Appropriations with instructions to report the 
     same back to the House forthwith with the following 
     amendment:
       Page 4, line 16, after the dollar amount insert ``(reduced 
     by $4,500,000)''.
       Page 8, line 3, after the dollar amount insert ``(reduced 
     by $11,370,000)''.
       Page 8, line 13, after the dollar amount insert ``(reduced 
     by $11,370,000)''.
       Page 12, line 19, after the dollar amount insert ``(reduced 
     by $15,000,000)''.
       Page 38, line 7, after the first dollar amount insert 
     ``(reduced by $1,962,000)''.

[[Page H8680]]

       Page 39, strike line 21 and all the follows through line 2 
     on page 40.
       Page 42, line 21, after the dollar amount insert ``(reduced 
     by $3,763,000)''.
       Page 44, line 8, after the dollar amount insert ``(reduced 
     by Page $3,000,000)''.
       Page 45, beginning on line 21 strike ``Provided further, 
     That if'' and all that follows through line 13 on page 46.
       Page 62, line 17, after the first dollar amount insert 
     ``(reduced by $1,000,000)''.
       Page 62, line 25, after the dollar amount insert ``(reduced 
     by $1,000,000)''.
       Page 65, line 23, after the dollar amount insert ``(reduced 
     by $2,768,000)''.
       Page 66, line 8, after the dollar amount insert ``(reduced 
     by $2,768,000)''.
       Page 78, line 12, after the dollar amount insert ``(reduced 
     by $331,000,000)''.
       Page 78, line 20, after the dollar amount insert ``(reduced 
     by $198,000,000)''.
       Page 81, line 9, after the dollar amount insert ``(reduced 
     by $17,000,000)''.
       Page 82, line 10, after the dollar amount insert ``(reduced 
     by $106,200,000)''.
       Page 85, line 6, after the dollar amount insert ``(reduced 
     by $10,000,000)''.
       Page 86, line 1, after the dollar amount insert ``(reduced 
     by $256,000,000)''.
       Page 87, line 19, after the dollar amount insert ``(reduced 
     by $200,000,000)''.
       Page 88, line 17, after the dollar amount insert ``(reduced 
     by $105,000,000)''.
       Page 90, line 5, after the dollar amount insert ``(reduced 
     by $2,000,000)''.
       Page 91, line 17, after the dollar amount insert ``(reduced 
     by $40,000,000)''.
       Page 92, line 5, after the dollar amount insert ``(reduced 
     by $150,607,000)''.
       Page 96, strike lines 6 through 14.
       Page 96, line 19, after the dollar amount insert ``(reduced 
     by $175,000,000)''.
       Page 97, line 8, after the dollar amount insert ``(reduced 
     by $8,000,000)''.
       Page 97, line 15, after the dollar amount insert ``(reduced 
     by $6,500,000)''.
       Page 97, line 20, after the dollar amount insert ``(reduced 
     by $1,500,000)''.
       Page 98, line 12, after the first and second dollar amounts 
     insert ``(reduced by $56,285,000)''.
       Page 100, line 8, after the dollar amount insert ``(reduced 
     by $606,328,000)''.
       Page 100, line 14, after the dollar amount insert 
     ``(reduced by $606,328,000)''.
       Page 102, line 20, after the dollar amount insert 
     ``(reduced by $235,000,000)''.
       Page 102, line 22, after the dollar amount insert 
     ``(reduced by $235,000,000)''.
       Page 104, line 20, after the dollar amount insert 
     ``(reduced by $100,000,000)''.
       Page 104, line 21, after the dollar amount insert 
     ``(reduced by $100,000,000)''.
       Page 147, line 1, after the dollar amount insert ``(reduced 
     by $200,000)''.
       Page 147, line 24, after the first dollar amount insert 
     ``(reduced by $3,800,000)''.
       Page 148, line 22, after the dollar amount insert 
     ``(reduced by $30,000,000)''.

                              {time}  1915

  The SPEAKER pro tempore. Does the gentleman from Massachusetts 
continue to reserve his point of order?
  Mr. OLVER. I do not. I withdraw my point of order.
  The SPEAKER pro tempore. The gentleman from Iowa is recognized for 5 
minutes.
  Mr. LATHAM. Mr. Speaker, I thank you very much. I want to wish the 
Members a good evening. I'm sorry about the delay here.
  Mr. Speaker, this motion to recommit is really quite simple. It 
simply reduces the accounts that exceed the levels recommended in the 
budget request back down to the President's proposed level. I'm quite 
confident the funding levels proposed by the President are sufficient, 
and frankly, if the higher levels of funding were required, the budget 
request would have identified higher funding levels.
  Let me say again that I would be a strong supporter of this bill if 
the funding levels weren't so astronomically out of proportion with the 
current reality. I hold a very positive view of Chairman Olver and 
admire his thoughtful and fair approach to this bill, but a 25 percent 
increase over the funding level of fiscal year '09 is absurd, 
especially in the context of the huge sums of funding provided to the 
Department of Transportation and HUD through the stimulus bill. This 
bill would fund these agencies at $68 billion on top of the more than 
$61.8 billion they received through the stimulus. How can these 
agencies possibly spend through this funding in an efficient and 
effective manner?
  So in response to this reckless pattern, my motion would reduce the 
bill's bottom line by cutting only those accounts that were funded over 
and above the President's request. This motion to recommit saves the 
U.S. taxpayers $5.4 billion.
  I would ask for your support for this motion to recommit. I think in 
today's fiscal climate, it is totally appropriate and is something that 
we should do. This is about our kids and our grandchildren in the 
future. And just to bring it back to the President's request, I don't 
think this is something that is too much to ask from anyone.
  I yield back the balance of my time.
  Mr. OLVER. Mr. Speaker, I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from Massachusetts is 
recognized for 5 minutes.
  Mr. OLVER. Mr. Speaker, I think it's quite ironic that the amendment 
that's being offered is one to reduce the funding and conform the 
funding to the President's request, but it's exactly what the now 
minority has done year after year in rubber-stamping the President's 
position. That's what's so ironic about it.
  We, on the other hand, have taken an independent view with a very 
good subcommittee, with some Members on the minority side who have 
joined us on some of this and, in fact, have taken a position 
substantially in support of the idea which is at the core of this 
legislation that we are doing something more for vulnerable 
populations.
  Virtually everything that has been removed in reductions from this 
bill is in those things, but not all of them, virtually all, in the 
area of assistance for vulnerable populations. Let me just go down the 
list.
  We have section 8, tenant-based housing and section 8 project-based 
housing, a total of a $798 million reduction, all of them back to the 
President's requests. But the needs got greater from when the requests 
were made because of what is happening, because there are more 
homeless, because there are more people out of work than there were at 
the time the request was made, in all good faith.
  The Native American Block Grant for the poorest of the poor is 
reduced by $105 million.
  Elder housing, which we had raised by $235 million, and the housing 
for the disabled people, which we had raised by $100 million, which, by 
the way, all of this was taken through the full Appropriations 
Committee and approved by the Appropriations Committee and sent to the 
floor.
  Homeless assistance has been reduced by $56 million.
  The public housing operating fund has been reduced by $200 million.
  The public housing authority's capital fund, reduced by $256 million.
  The housing for people with AIDS, reduced by $40 million.
  The HOME Program for affordable housing, rental housing, as well as 
first-time homeownership is reduced by $175 million. All of these to 
conform with the President's number.
  Our committee and our Members feel very strongly that those 
vulnerable populations need a little bit more under the circumstances 
that we are dealing with at the present time, so we put it in, and 
that's the way we voted today.
  Now, beyond that, we have had a strong vote on the issue of high-
speed rail and the items related to it, a vote which was earlier today, 
136 for an amendment to strike the very thing that is backing this 
motion to 284 against, including 40 Members from the minority side who 
voted with the majority on that issue.
  Beyond that, we have the amendment which reduces the FAA's safety 
positions in two different areas; one by removing 150 aviation 
inspectors, which we went above the President's request, I think quite 
legitimately, for aviation safety, and also 35 additional people that 
we put in for rail safety. We've had some rail problems. We believe 
that there are problems that needed to be dealt with.
  So all of those things have been done. I think we should keep exactly 
what we have done, the vote before, and reject this motion to recommit.
  I yield time to the gentleman from Wisconsin.
  Mr. OBEY. I thank the gentleman for yielding. I would urge a ``no'' 
vote on this. I simply think that we are entitled to ask one question: 
Why on Earth, if we're supposed to take this motion seriously, were we 
required to listen through the reading of a 55-page amendment, witness 
it being withdrawn, and then have them introduce an amendment which is 
virtually the same in an identical form?
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.

[[Page H8681]]

  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. LATHAM. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--yeas 192, 
nays 226, not voting 15, as follows:

                             [Roll No. 636]

                               YEAS--192

     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     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
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Dahlkemper
     Davis (KY)
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     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)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paulsen
     Pence
     Perriello
     Peters
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--226

     Abercrombie
     Ackerman
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     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)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--15

     Barrett (SC)
     Berry
     Bishop (UT)
     Blunt
     Conyers
     Duncan
     Kaptur
     McCarthy (NY)
     Paul
     Platts
     Richardson
     Rush
     Schiff
     Smith (NJ)
     Towns


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. There is less than a minute remaining in 
this vote.

                              {time}  1941

  Messrs. MURPHY of Connecticut, CARNEY, Ms. PINGREE of Maine, and Mr. 
TEAGUE changed their vote from ``yea'' to ``nay.''
  Mr. TIM MURPHY of Pennsylvania changed his vote from ``nay'' to 
``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. 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 256, 
nays 168, not voting 9, as follows:

                             [Roll No. 637]

                               YEAS--256

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     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
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     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
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Massa
     Matsui
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

[[Page H8682]]



                               NAYS--168

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

                             NOT VOTING--9

     Abercrombie
     Barrett (SC)
     Bishop (UT)
     Blunt
     McCarthy (NY)
     Murphy (CT)
     Pascrell
     Paul
     Skelton


                Announcement by the Speaker Pro Tempore

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

                              {time}  1948

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

                          ____________________