representatives to in fact represent their constituents. and if by chance, if by chance the previous question is passed, i am going to urge my colleagues to join in opposition to the rule because we can do a better job. and with that i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from new york. mr. arcuri: thank you, mr. speaker. and i thank my friend from california for sharing with us his thoughts, clearly his institutional knowledge of this grand institution is second to none. but one point i think is important to clear up, and that is the fact that this bill has a preprinting requirement in no way, shape, fashion or form means that anyone is precluded or prevented from filing an amendment. what it does, however, mean is that any amendment that an individual representative files has to be filed by a certain period of time. and that was yesterday.

that does one thing. i would submit that enables our constituents to have the very, very best legislation they can because it does one thing. it gives the -- it gives the legislature and the representatives an opportunity to read the amendment -- to see what that amendment means and to have an opportunity to interpret it and determine whether or not it is the best thing for the bill or in fact whether it should be posed. -- should be pulled. it is a good thing to have a preprinting rimet in this bill. mr. dreier: i thank my friend for yielding and i appreciate his kind remarks. i will say the gentleman is relatively new to the institution and i will say that frankly since the gentleman has been here, we have not really had as many open rules as we should. i know there has been an attempt made to define a modified open rule as --

mr. arcuri: reclaiming my time. this allows individuals to file and the fact that we have 127 amendments filed certainly indicates, much more than we've had in the past, indicates that in fact representatives have had an opportunity to file. with that, mr. speaker, i yield two minutes to the gentleman from california, a member of the commerce, justice, science scomme, mr. schiff. the speaker pro tempore: the gentleman is recognized for two minutes. mr. schiff: i thank the gentleman for yielding. at the outset, i want to congratulate the chairman for the extraordinary job he's done in putting this bill together. in particular, i wanted to highlight a couple of key investments in the bill in the areas of law ens for -- enforcement and science. in particular we invest over $800 million in the cops program that's been successful in putting additional cops on the beat and deterring criminal

activity and keeping our communities safe that is a vital investment. the legislation also makes a very important investigation optometrist those who live in the border states in a program called scaap which provides assistance to states that have to incarcerate illegal immigrants and bear the costs of flaws in our federal immigration policy. furthermore, the bill makes a very key investment, very substantial investment in d.n.a. technology and back log reduction to the degree we can eliminate back logs of d.n.a. evidence we can take murderers and rapists off the street. of this, there is no question. you can still from a -- tell from a statistical certainty, when you reduce back logs, you take murderers and rapists off the street and prevent them committing further offenses. finally, let me speak to a science investment in the bill, which i think is also important, and that is this legislation keeps some of our

most important space science efforts like the mars program on track, which has brought us new and unprecedented information about the world we live in that has led to scientific improvements and innovation here on the ground and is a vital investment in our nation's future. so i want to thank you, chairman mollohan for your work on this bill, for key investments in law enforcement and science and urge my colleagues to support it. i yield back my time. the speaker pro tempore: the gentleman from florida. mr. diaz-balart: i yield again to the gentleman from california, such time as he may consume. the speaker pro tempore: the gentleman is recognized. mr. dreier: ski unanimous consent to revise and extend my remarks, i want to congratulate mr. schiff for his thoughtful remarks and i want to say he and i share a commitment to nasa and the important programs that take place at the gentleman propummings laboratory.

that's a point. there more -- there are many important items in this bill which continue to be priorities. i'd like to say to my friend from utica, who again is working very hard, he's very fortunate, mr. speaker. he's never had to serve in the united states house of representatives as a member of the minority. my dream is that one day he might be able to serve as a member of the minority. and who knows how that will come out, it's always up to the voters to make that determination. but i would say that those 127 amendments about which my friend referred and then i referred when i was in the well, are amendments that i had to encourage our colleagues to file. why? first, there were only two days, two legislative days that this bill was out there, and if we'd had an open amendment process there would not be -- i can say with absolute certainty there would not be 127

amendments filed to this measure. again, maybe half that, maybe many fewer than that, and many of those amendments are duplicative. the reason is that members members might find themselves in the same position as mr. buyer did, that's why i say my friend has served exclusively as the member of the majority, but if one kay he's serving as a member of the minority and were to receive the word that he could not make a minor germane modification to his amendment, i think that he would understand the concern that we have. members on this side of the aisle represent just a little less than half of the american people. and they all have just as much right to be heard as members of the majority. i represent -- i recognize the majority does rule in this place, but that does not mean we should prevent members from being able to participate in this process.

mr. diaz-balart has entered into the record a document that was put forward in the 108th congress by the now chairwoman of the committee on rule the then ranking minority member. she at that time held the position that i have. and the document describes what we are using as our procedure for consideration of this measure as a restrictive process. traditionally, democrats and republicans alike have called it a modified open rule. but the preprinting requirement, according to this document, blocks any amendment proposal that might emerge in the course of the debate. those are not my words. those are the words of ms. slaughter, when she was ranking minority member of the committee on rules. so all i'm arguing, mr. speaker, is that in the name of deliberative democracy, this

notion of saying that every member has had an opportunity to look at this, two legislative days, and the fact that 127 amendments were filed meant that there was this exhaustive analysis of the bill , i think is not an accurate way to characterize it. the 127 amendments were filed, i believe many of those 127 amendments were filed because we're not having what has been the long standing tradition allowed to members of this house, and that is an open amendment process for consideration of the measure. that's why again i urge my colleagues to vote with mr. diaz-balart in opposition to the previous question and when that's defeated, make in order his amendment that would simply allow members to have the right to make germane modifications to their amendments. with that, i yield back the balance of my time. the speaker pro tempore: the gentleman from new york.

mr. arcuri: thank you, mr. speaker. i yield three minutes to the gentleman from west virginia, the distinguished chairman of the justice and science committee, mr. mollohan. the speaker pro tempore: the gentleman is recognized for three minutes. mr. mollohan: i rise in support of the rule, i think it is a fair rule and comprehensive and mr. speaker, i want to point out the effort that went into fashioning this bill, which was very exhaustive and very inclusive of all parties. during the review process, mr. speaker, for the -- for this bill, the fiscal year 2010 budget request for the commerce, justice, science, and related agencies appropriation bill, the subcommittee held a total of 24 budget hearings. understand that we didn't get the budget requests until late this year we had budget

hearings even before we got the request, and budget hearings after we got the request. the subcommittee received testimony from members of congress, many members of congress, inputted this process early on before we marked up and some 68 outside witnesses. this testimony was crucial to our fashioning the bill and the thoughts and the concerns of those who contributed are incorporated in this bill. in addition, officials in the administration representing all the departments in the bill one way or the other inputted the legislation by testimony or otherwise and this year in particular, mr. speaker, the subcommittee focused on a series of hearings on investments for all fasselts of the scientific enterprise, climate science and mitigation as well as prisoner re-entry programs, recidivism reduction and criminal justice reform. mr. speaker, we focused on

those areas, some of those areas because we felt that in the past, there had been neglect and that we needed for our economy and also for just appropriate operation of these agencies that additional funding was needed. in brief, the bill totaled $64.4 billion, an increase of $6.7 billion over last year, but it's $200 million below the president's request. the bill provides $30.6 billion for investments in science, technology, and innovation, an increation of $1 billion over comparable levels from last year. i think there's a consensus that investments in science technology, investments in innovation are comparable to -- to economic development necessary for us as we prepare for the new economy, as we work

our way out of the recession that we find ourselves in. investments in the new economy is crucial and this committee that funds science is at the center and the critical path of that effort. within this level, the bill provides $6.9 bhl for the national science foundation and $18.2 billion for nasa. the bill provides $781 million and noaa is recommended at $40.6 billion. the committee is recommended to provide resources consistent with the doubling path identified, mr. speaker, may i have additional time?  mr. arcuri: i yield the gentleman an additional minute. the speaker pro tempore: the gentleman is recognized. mr. mollohan: for the competes act. it also recognizes the science research conducted at noaa and

nasa as critical for the nation's science enterprise. i commend the rule committees for fashioning a rule that recognizes the welcoming input this committee has had from our colleagues throughout the process. the minority has been fully a part of the process. we very much appreciate mr. wolf's contribution to the bill. mr., mr. -- many, many of his thoughts, yang of one that's not incorporated in the legislation one way or the other, he was a former commirm of the subcommittee and his insight is particularly beneficial. we appreciate that contribution. i support the rule, mr. speaker, and hope that our colleagues will as well. the speaker pro tempore: the gentleman yields back he balance of his time. the gentleman from florida. mr. diaz-balart: we reserve the balance of our time.

the speaker pro tempore: the gentleman from new york. mr. arcuri: i yield three minutes to the gentlewoman from texas, ms. jackson lee. the speaker pro tempore: the gentlewoman from texas is recognized for three minutes. ms. jackson lee: again, i would like to thank the distinguished gentleman from new york for his ongoing leadership and that of the rule committees. i join with the chairman of the subcommittee on c.g. -- c.j.s. in congratulating the rules committee for constructing this -- this rule but i also congratulate chairman mollohan and ranking member wolf for a constructive overview of important issues that as a member of the house judiciary committee i have great concern. rise to support the rule but i also want to offer my underlying support for the community-oriented policing bill. i was an original co-sponsor on the cops bill out of judiciary, led by mr. wiener. this is an important stopgap for crime across america in

helping law enforcement. as an original long standing supporter on the office of violence against women, starting with chairman hyde who served so ably -- ably in this body, i'm delighted to see we have $11 more than 2009 with $400 million. in addition, it is important to note the second chance act. wherever i go, mr. speaker, i'm having ex-offenders who want to straighten their life out and get back with their family who need mental health services and they need to have the second chance. i hope we can ensure that this makes it through the senate, come into conference and get this money out so we can redeem americans who want to get back on the right track. this is an important issue to be involved in. i want to speak about an issue that's very near and dear. i am a member of the nasa action team and we note that the space exploration, human space flight, has gotten a mark out of this committee of $400 million less than the president's mark.

first i'm delighted they have -- the president nominated general bolden, who is in line to be the next nasa director, but to my colleagues, it is important to note that we are not just talking about money going into space, we're talking about the international space station, which i watched being built in my 12 years as a member of the science committee. we have the opportunity to be at the cutting edge of climate research, health care research and heart disease, h.i.v., cancer, on the international space station. the only way to communicate visibly and reasonably to provide that kind of human component, human resources is to have human space flight. so i ask my colleagues as we consider this bill to consider the fact that it is not in essence money that flies into space, but real investment in america's genius and america's science, america's innovation, america's job creation, the very message of this president. i am disappointed that this mark is less than the president's

mark and would hope to be able to present my side of the story, if you will, to this body, but i want to work with my colleagues to ensure that we know that this is out of sincerity and recognition of the vitality of science. i'm very pleased of the money that has been put in to climate measures, money put into noaa because i come from the hurricane -- may i get 30 seconds? mr. arcuri: i yield the gentlewoman 30 seconds. ms. jackson lee: thank you very much, the gentleman from new york, and to the speaker. i reallyize how important it is to -- i realize how important it is to have these elements of science. the $1.3 billion including the $150 million to deal with space-based climate measurements is important. for those of us on the golf region, the issues dealing with -- gulf region, the issues of dealing with hurricanes and noaa is very important and the national science foundation but let us work together as we look at science in its totality to view the international space

station as something we created, something we built. this massive football field that is in space is a miracle in essence. let's utilize it in a vital way by supporting our human space flight. i thank my colleagues and i ask my colleagues to support the rule. i yield back. the speaker pro tempore: the gentlewoman's time has expired. the gentleman from florida. mr. diaz-balart: thank you, mr. speaker. and i want to thank my friend, mr. arcuri, for his courtesy and all who have participated in the debate on the rule bringing this appropriations bill to the floor. mook, i will be asking for a no vote -- mr. speaker, i will be asking for a no vote on the previous question so that we can amend this rule and allow members who have preprinted their amendments as specified in the rule to make modifications to their amendments. as i mentioned in my opening remarks, this restrictive rule we are considering today will not allow members from amending

their own amendments. even if they are simply trying to correct a minor drafting error or make changes to the amendment to comply with the rules of the house. one of the reasons we have so many amendments filed is because members have filed duplicative amendments to avoid the possibility of errors such as this. in order to make an amendment, to make sure an amendment complies with the rules of the house, members must consult with four different offices, the office of the legislative council, the parliamentarian, the congressional budget office and the budget committee. if any of those offices find an issue with an amendment, then the member has to make changes to the amendment. this becomes particularly difficult when members are only given an average of two

legislative days to draft their amendments and consult all the relevant offices and make changes and then consult with the offices again. given this scenario, it is quite plausible that a member didn't have enough time and included a minor drafting error and that that, for example, is not caught until it is too late. we saw it last year with an amendment by mr. buyer on the military construction and veterans affairs appropriations bill. so as to not have a repeat of that unfortunate incident, i propose to change the rule to allow members to make amendments -- changes, rather to their amendments. i remind measure members that by voting no on the previous question, members will not be voting to kill or to delay the up-to-date lying commerce, justice and science appropriations bill. i encourage all of my colleagues on both sides of the aisle to vote no on the previous question

so that members will be given the opportunity to make changes to their amendments if necessary. i ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question and having said that, mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from new york. mr. arcuri: i'd like to thank the gentleman from florida, mr. diaz-balart, for his courtesies in this debate and for his very able management of this rule. mr. speaker, my opening remarks i chose to focus on the criminal justice programs that are funded under h.r. 2487 but there are many other important areas addressed in this legislation and we've heard about many of those during the debate. in closing, i would like to take the opportunity to discuss another of these that is of utmost importance to america. the bill includes 29 -- $293 million for the economic development administration which is $20 million above the amount enacted in 2009. the e.d.a. administrators -- administers several economic

programs including public works grants for upgrading infrastructure, planning and trade adjustment assistance for communities that bear the burden of jobs outsourced to other countries. h.r. 2487 includes more than $158 million for the economic development administration's public works program, $25 million more than last year. h.r. 2487 also makes critical investments in scientific research and nasa space program. the bill includes $6.9 billion for the national science foundation. this level of funding will support the doubling of n.s.f.'s budget over the next he 10 years and represents a true commitment -- next 10 years and represents a true commitment in research and development which will produce for innovation and future technologies to help the united states be competitive. h.r. 2487 includes over $18.2 billion for the national space

administration. nasa's unique mission is to pioneer the future in space exploration, scientific discovery and aeronautics research and this appropriation enables them to accomplish this mission. this recommendation also provides for the continued efforts of nasa's mars exploration and provides funds for the completion of the mars science laboratory to launch in 2011. exploration has always been critical to mankind. we live in america today because of exploration. we must continue to explore the new frontier for future generations. in closing, mr. speaker, i would remind my colleagues that so f we have discussed only a handful of the important programs that are funded by fiscal year 2010 commerce, justice, science appropriations acts. i urge my colleagues to vote in favor of the rule and the underlying bill, h.r. 2487. i urge a yes vote on the previous question and on the rule. i yield back the balance of my

time and i move the previous question on the resolution. the speaker pro tempore: the question is on ordering the previous question. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. mr. diaz-balart: mr. speaker, request the yeas and nays. the speaker pro tempore: the yeas and nays e requested. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen the yeas and nays are ordered. pursuant to clause 8 of rule 20, further proceedings on this question will be postponed. pursuant to clause 8 of rule 20, proceedings will resume on questions previously postponed. votes will be taken in the following order. adoption of house resolution 545 by the yeas and nays, ordering the previous question on house resolution 544 by the yeas and nays, adoption of house resolution 544 if ordered. the first electronic vote will be conducted as a 15-minute vote. remaining electronic votes will be conducted as five-minute votes. the unfinished business is the vote on the adoption of house h resolution 545 on which the yeas

and nays were ordered. the clerk will report the title of thes remain collusion. the clerk: house calendar number 73, house resolution 545, resolution providing for consideration of the conference report to accompany the bill, h.r. 2346, making supplemental appropriations for the fiscal year ending september 30, 2009, and for other purposes. the speaker pro tempore: the question is on adoption of the resolution. members will record their votes by electronic device. this will be a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]