prisons. there's not an agency in this bill that is in greater need of additional salaries and expenses money. this amendment would eliminate $97.4 million, and it's an increase for the bureau of prisons' salaries and expenses account that the committee provided above the budget request. the amount of the increase was not pulled out of thin air. it was precisely calculated based on an in depth analysis by our committees, the appropriations committees, surveys and investigations' staff to be the minimum amount necessary to restore b.o.p.'s base budget which has been progressively hallowed out in recent years by inadequate budget requests. without this $97.4 million, the bureau of prisons will be unable to hire additional correctional officers which it desperately needs and will likely be unable to activate two null constructed prisons -- newly constructed prisons and the b.o.p. cannot sustain another year without sufficient

prison capacity and staffing. the bureau of prison's population is currently 37%, 37% above rated capacity for b.o.p. facilities and the prisoner-to-staff ratio is an appalling 4.9 to 1. and something in the area of 3.2, 3. something in that area is something for the state. not only does inadequate investment in federal prisons result in unsafe working conditions for prison staffs as we have seen from a tax and even a fay -- attacks and even fatalities in our prison guard systems, it also makes it impossible to do the kind of re-entry programming necessary to reduce recidivism. the result is more crime in our communities and a higher long-term cost to the taxpayer of future incarcerations. .

i'm not exaggerating that there is no other agency in the bill about which i'm more confident about the need for additional resources. i urge my members to reject this amendment. i reserve the balance of my time. the chair: the gentleman from west virginia reserves. the gentleman from tennessee. mr. roe: i yield myself one minute. i understand e budget constraints. i have been a mayor. i had a jail system under my supervision. and i also know that around this nation there are cities and states that are dealing with budget deficits never before seen. and here is the only place in the world where we call a cut, we raise it 9% and give the president exactly what he wanted and call that a draconian cut. it is not. we should show some fiscal restraint in the house as an example to the people around this country, families and

cities and municipalities and states that are working hard to balance their budget. in my own hometown, they're doing that by making real cuts. this is a very minimal cut -- not a cut, just reduction. and it's exactly what the president of the united states asked for. i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. the gentleman from west virginia. mr. mollohan: i urge opposition to the amendment. yield back. the chair: the gentleman yields back. the gentleman from tennessee. mr. roe: i yield back. the chair: the question is on the amendment offered by the gentleman from tennessee. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. mr. roe: i ask for a recorded vote. the chair: pursuant to clause 6, rule 18, further proceedings on the amendment by the gentleman from tennessee will be postponed.

for what purpose does the gentleman from virginia rise? mr. wolf: strike the requisite number of words. the chair: the gentleman is recognized for five minutes. mr. king: i thank the gentleman from virginia for yielding time to me in this debate. and there is a lot more time yielded for this debate and should have been yielded within the original agreement that came from the rules committee. this appropriations bill didn't come to this floor under an open rule. has been been a deep and long-standing tradition of the house of representatives. it came to the floor under a structured open rule. and under the request that said print your amendments into the record and there will be five minutes debate on each side and we'll go through all of those. anybody would have known all the amendments that were printed would not have been offered. and i will submit this and i don't believe it has been said here, mr. chairman, is that these amendments that were printed into the record laid out the entire amendment strategy of

the minority party. and then the majority party took their leisure to thumb down through the amendments and decided they didn't want to have a good debate on a good number of them. when the chairman of the appropriations committee mentioned some 20 times that this congress has deviated from an open rule on appropriations, it was unclear to me whether the chairman actually included unanimous consent agreements, which have been a fairly consistent component of the open-rule process, not a structured rule, not something that was rigid and devised from the beginning or something unnegotiated as this was but unanimous consent agreement that allows any member to object. that isn't the case we're dealing with here. some will say -- i'm trying to task the logic of what amendments were approved and which ones were not approved. there is no logic in this majority party except in the idea that we have go up to rules

committee and sit down for three hours and wait for an opportunity to ask that stacked rules committee for an opportunity just to offer an amendment here on the floor of the house of representatives. there's no way you can go home and say to your constituents. i didn't have an opportunity even to offer an amendment, let alone perfect something and get a legitimate debate or a vote. so i analyzed these 124 remaining amendments after that fiasco last night and came with these statistical data that is interesting to this congress. out of the 124 amendments, 20 to 23 were about money approved by the rules committee. that would tell me that democrats don't mind voting for more spending. that's a clear conclusion that one can draw. because of the 94 amendments that were rejected by the rules committee, none of them can be characterized as spending amendments exclusively. they are policy amendments.

and in that includes amendments that would have blocked federal funding for acorn, an organization that has the elements of a criminal enterprise and has admitted to producing 400,000 fraudulent voting registrations that have been involved in intimidating lenders and now under the employment of the united states white house. and we can't get a debate on that and vote on an amendment like that and can't have a discussion about the intelligence impasse that has been created because of the allegations against the c.i.a. made by the speaker of the house and we are supposed to operate a government with these huge policy issues that hang in front of us and do a debate on spending, which everything that's offered by the minority party that reduces the spending is going to be voted down by the majority party because they have said, let's have a debate on that, they are eager to vote for more spending. and this bill which increases

funding under these titles by last year by $12 billion, expansive growth of government and now we're shutting down here the debate in the house of representatives. we move on from this appropriations process without a rule that allows for debate -- and we're go to go accept the argument that comes from the chairman of the appropriations committee that has happened before, i can guarantee you this is going to happen again and again and again. and if they don't defend themselves now, it will be less reason the next time and we have settled into a mode now that the committee that would rule, no cameras in the room, seldom even a reporter in the room, but members of congress sitting there in little chairs waiting for the chance to say, oh, please, could i offer my amendment here on the floor of the house of representatives. you can't run a government that way. it's not consistent with our constitution.

it would cause indigestion of all of our founding fathers. and it's got to stop and get back to a regular order that allows for open rules and legitimate debate. and we can face this debate, win or lose. let's do it the right way, mr. chairman. i thank the gentleman from virginia. and i yield back. the chair: the clerk will read. the clerk: page 39, line 19, buildings and facilities. $96,744,000. federal prison industries incorporated, federal prison industries is authorized to make expenditures. limitation on administrative expenses, federal prison industries incorporated, not to exceed $2 million 700,000. shall be available for its administrative expenses. state and local enforcement activities, office of violence against women, violence against women prevention and prosecution programs.

$400 million. office of justice program, salaries and expenses, $192,388,0000 the chair: for what purpose does the gentleman from new york rise? >> i have an amendment made in order at the desk. the chair: the clerk will designate the amendment. the clerk: amendment number 31 printed in the congressional record offered by mr. nadler of new york. the chair: pursuant to house resolution 552, the gentleman from new york and a member opposed will each control five minutes. the chair recognizes the gentleman from new york. mr. nadler: i yield myself three minutes. the chair: the gentleman is recognized for three minutes. mr. nadler: mr. chairman, i rise in support of my amendment which i authored with representatives me chaud and carolyn maloney. it is the debbie smith program and corresponding decrease in general operating expenses in the office of justice.

unlike eyewitness testimony and circumstantial evidence, d.n.a. provides assurance and has resulted in the conviction of countless perpetrators of violent crimes and freed hundreds of innocent people. we can identify the guilty and exclude the innocent with certainty with just a little biological evidence and a scientific test. the problem, of course, is they have to collect their biological evidence, do that test and record the information. if you do not, the power of d.n.a. evidence is unrealized. unfortunately, there is a backlog in the hundreds of thousands in the analysis of d.n.a. evidence. this back log includes offenders from crime scenes and rape kits. when such a powerful tool is used, we must act. and i helped pass legislation to do just that. debbie smith d.n.a. backlog program gives grants to states including rape kits to analyze

rape samples and expand d.n.a. capacity. that money is making a difference and we must ensure it is available. congress provided $151 million to the grant program for fy 2009 and re-authorized the program at this level through fiscal year 2014. unfortunately, this bill cuts this by $5 million for the coming fiscal year. and my amendment would restore $251 million. i understand the budgetary constraints faced by the appropriations committee, this program is not reduced when the grants means protecting the lives of innocent americans and reducing sexual assaults and rapes. i thank congressman me shaud and maloney for their help. i will yield. mr. mollohan: this is an important program and we are inclined to accept his amendment. mr. nadler: i thank the gentleman.

i reserve the balance of my time. mr. wolf: i claim time in opposition to the amendment. i'm not opposed. the chair: without objection, the gentleman is recognized. mr. nadler: mr. speaker, how much time do i have left? the chair: three minutes left. mr. nadler: i now yield one minute to the the gentleman from maine. mr. michaud: i thank the gentleman for yielding one minute. the debbie smith act provides state and local agencies funding to combat serious crime such as rape, sexual assaults and murder. i would like to thank congressman nadler and congresswoman maloney for their leadership on this very important issue. our amendment will fully fund this valuable program. each untested d.n.a. sample represents a missed chance to keep these violent offenders off our streets. in one case in california, a repeat sex offender raped a woman before the test could be

processed by state crime labs and then attacked two additional women and a child as well. in maine, we have a backlog of over 4,000 samples that need to be analyzed. with no additional funding, many of our cold cases will go unsolved and this backlog will continue. i urge my colleagues to support this very important amendment. and i yield back the balance of my time. the chair: the gentleman yields back the balance of his time. the gentleman from virginia. mr. wolf: i reserve the balance. the chair: the gentleman reserves. the gentleman from new york. mr. nadler: i yield one minute to mrs. maloney. the chair: the gentlelady is recognized for one minute. mrs. maloney: i rise in support of the amendment that would fully fund the debbie smith backlog grant program and i applaud all like-minded men who are standing up in leadership roles to fund what many have called the debbie smith act the

most important anti-rape violence against women prevention bill ever to pass this congress. i particularly applaud my colleague from new york, who has been a grad yator in support of women's issues, a strong defender and worked hard to help us in many ways. and i applaud congressman mollohan for appropriating $146 million earlier this year for the debbie smith grant program. this bill i authored with mark green on the other side of the aisle. it was truly a bipartisan mission and it has saved lives for every single unprocessed rape kit, represents the victim who has been denied justice and a predatory who can attack other women. by increasing the program's funding by $5 million for fiscal year 2010, it has been an honor to deliver full funding for this vital anti-crime protection of

women, anti-rape legislation. i urge my colleagues to stand with us and support this important amendment. and i applaud my like-minded male leaders who have stood strong to protect and defend women from violence and one of the worst crimes of all, rape. thank you. . the chair: the gentleman from virginia. mr. wolf: i yield back the balance of the time. the chair: the gentleman yields back the balance of his time. the gentleman from new york. mr. nadler: thank you. i yield myself such time as i may consume. the chair: the gentleman is recognized. mr. nadler: mr. chairman, in closing i want to thank chairman mollohan for accepting the amendment. i want to thank the gentleman from virginia for not opposing it. and i want to encourage all members to support this increase in funding so we can reduce the d.n.a. testing backlog, we can put guilty people behind bars, we can free innocent people, we can prevent future rapes and sexual assaults and make our country safer.

i yield back the balance of my time. the chair: the gentleman yields back the balance of his time. all time having expired, the question is on the amendment offered by the gentleman from new york, mr. nadler. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. the amendment is -- mr. broun: i ask a recorded vote. the chair: pursuant to clause 6 of rule 18, further proceedings on the amendment offered by the gentleman from new york will be postponed. the clerk: $226 billion. state and local law enforcement assistance, $1,312, 500,000. weed and seed program fund, $15 million. juvenile justice programs, $385 million. public safety officer benefits, $5 million. community-oriented policing services, $802 million. general provisions, department of justice, section 201, not to exceed $75,000 from funds

appropriated and this entitle shall be available to the turn general for official expenses. none of the funds shall be available to pay for an abortion except for the life of the mother would be endangered. section 203, none of the funds shall be used to require any person to perform any abortion. section 204, nothing in the proceedings -- preceding section shall remove the obligation to provide escort services necessary for female inmate to receive such service outside the federal facility. section 205, not to exceed 5% of the appropriation in this act may be transferred to such appropriation but no appropriation shall be increased by more than 10%. section 206, the attorney general is authorized to extend the personnel management demonstration project. section 207, public law 102-395, section 102-b shall

extend to the bureau of alcohol, tobacco, firearms and explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitations. section 208, none of the funds may be used for the purpose of transporting an individual who is a prisoner other than to a prison or facility certified by the federal bureau of prisons as appropriately secure for housing such a prisoner. section 209, none of the funds may be used by federal prisons to purchase cable television services or other audio-visual or equipment used for recreational purposes. section 210, none of the funds available shall be expended for centennial or other major new information technology program in excess of $100 million. section 211, the notification and thresholds set forth in section 505 shall apply deviations from the amounts

designated for a specific activity. section 212, none of the funds may be used to plan for or improve a public-private competition under the office of management and budget serk lahr a-76. section 213, no funds shall be available for the salary of any united states attorney assigned duo responsibilities from the residency requirements. section 214, none of the funds appropriated shall be obligated for the initiation of a future phase of the centennial program. section 215, in addition to amount -- any amount as otherwise may be available with respect to funds appropriated by this act under the headings for justice assistance. a, up to 3% of funds made available to the office of justice programs for grants or reimbursement may be used to provide training and technical assistance. section 216, the attorney

general may upon request by a grantee waive the requirements of paragraph 1 of section 2976-g of the omnibus crime control and safe streets act of 1968. section 217, section 5759 of title 5, united states code, as amended by striking subsection e. section 218, subchapter 4 of title 5, united states code, is amended. this title may be cited as the department of justice appropriations act of 2010. title 3, science, office of science and technology policy, $7,154,000,000. national aeronautics and space administration, science, $4,497,100,000 of which not to exceed $450 million, shall

remain available until september 30, 2011. aeronautics, $501 million of which not to exceed $50 million shall remain available until september 30, 2011. exploration, $3,293,200,000 of which not to exceed $330 million, shall remain available until september 30, 2011. space operations, $6,9 -- $6,097, 300,000 of which not to exceed $610 million shall remain available until september 30, 2010. education, 175 million. to remain available -- $education, $175 million. cross-agency, $3,064,000. construction, remediation, $441,700,000 to remain available until september 30,

2015. office of inspector general, $35 million. provisions, funds for announced prizes otherwise authorized shall remain available until the prize is claimed or the offer is withdrawn. in this act may be transferred between such operations but no such operation shall be increased by more than 10%. no funds shall be used to implement by reduction and force or other voluntary separations by the national aeronautics and space administration prior to september 30, 2010. the unexpired balances of the science aeronautics and exploration account may be transferred to the new accounts established in this act. national science foundation, research and related activities, $5,642,110,000 to remain available until

september 30, 2011. major research equipment and facilities, construction, $114,290,000. education and human resources, $862 million. $862,900,000 to remain available until september 30, 2011. ms. johnson: mr. chairman. the chair: for what purpose does the gentlewoman from texas rise? ms. johnson: i have an amendment at the desk. the chair: the clerk will designate the amendment. -- the chair: the clerk will read first one more paragraph. the clerk: agency operations and award management. the chair: the clerk will designate the amendment. the clerk: amendment number 35 printed in the congressional record offered by ms. eddie

bernice johnson of texas. the chair: pursuant to house resolution 552, the gentlewoman from texas and a member opposed will each control five minutes. the chair recognizes the gentlewoman from texas. ms. johnson: thank you, mr. chairman. the amendment is to the section of the bill pertaining to the national science foundation. education activities at the national science foundation are appropriated at more than $862 million. my amendment simply states that of the amounts appropriated for the national science foundation educational activities that $32 million shall be used for historically black colleges and universities undergraduate program. the congressional budget office has advised that the amendment will not affect the overall spending in this bill. the funding amount is equal to a modest 1.6% increase from last year's funding. it has been recommended by the administration and by the national science foundation. my colleagues on the

congressional black caucus education task force, and i believe that educational opportunities is a key for our national prosperity. give a man a fish and you feed him today. teach him to fish and you have fed him for a lifetime. support the historically black colleges and universities undergraduate program is an investment in our human capital. this competitive grant program awards funds for the curricular enhancement, factuality development, undergraduate, research and collaborations. funds used to encourage undergraduate students to pursue careers in science, engineering and math, also called stem fields. it may have grants to produce well-educated math and science teachers. the funding levels specified in my amendment will provide for an estimated two to four new teacher development projects. highly qualified teachers have a firm grasp on the subject

matter. they're able to capture their students' imaginations and give them excitement about the science. they demonstrate to the student that creative inquiry and rigorous investigation are a true heart of science. they stimulate, invigorate and inform their parents, their students of the value and accessibility of careers in the stem. there's a shortage in math and science teacher experts, especially in the high need school districts. dr. michael mortgager say that students fall behind in test performance in the fifth grade. commerce, justice, science subcommittee on this issue, and i'm pleased to support language in the greater outreach to students at the primary and middle school levels. i am also pleased to see the experience based science funding get more attention and

support. young, smart minority students represent a huge untapped resource for our domestic stem work force. 39% of the people under age 18 in the united states are persons of color. and this percentage will continue to increase. they are great disparities that exist. and our top tier scientific work force suffers a great lack of diversity. for example, of all the employee ph.d.'s engineers in this country nearly 63% of them are anglo. almost 6% are hispanic and a pitiful 2% are african-american and less than 1% are native americans. these enormous statistics are saying that the current efforts are not enough. we must do more to mitigate this loss. the national academy of science is working to produce a report this fall which will provide policy recommendations and how to improve a greater diversity

in the stem work force. this report will discuss the barriers in stem career pipeline and how to repair the leaks in that pipeline. the report is a great interest to me and to my 65 colleagues on the bipartisan house diversity and innovative caucus. we have sent letters to the budget committee, the appropriations committee and to the office of science and technology policy this year to try to get more attention on this issue of diversity. we are gaining momentum. we cannot ignore the fact that great disparities in stem education and career achievements still persist. the good news is that the historically black colleges and universities are powerhouses when it comes to producing talented, well educated math and science ph.d. graduates. 886 doctorial programs were awarded to black students and awarded to black students and historically black colleges and