the speaker pro tempore: on this vote the yeas are 165. the nighs are 247. the motion is not agreed to. the clerk will designate the next amendment on which a

separate vote was demanded. the clerk: amendment number 114, printed in the congressional record, offered by mr. reichert 6 washington -- of washington. the speaker pro tempore: the question is on adoption of the rieker amendment. so many as are in favor say aye. those opposed, no. in the opinion of the chair, the aye vs. it. -- ayes have it. amendment is agreed to. the question is on engrossment and third reading. so many as are in favor say aye. thone. the ayes have it. third reading. the clerk: making appropriations for the departments of commerce, justice, and science and related agencies for the fiscal year ending september 30, 2010, and for other purposes. the chair: the house will be in order.

for what purpose does the gentleman from california rise? mr. lewis: mr. speaker, i have a motion to recommit at the desk. the chair: is the gentleman opposed to the bill? mr. lewis: i am. mr. obey: mr. speaker, we cannot hear. the house is not in order. we need to hear. the speaker pro tempore: the gentleman from wisconsin is correct. the house is not in order. members please take their conversations off the floor. the clerk may proceed. the clerk: motion to recommit offered by mr. lewis of california. at the end of the bill before the short title insert the following, section, none of the funds available in this act may be used to provide rights under miranda vs. arizona 384 u.s. 4361966 by the department of justice. including all component agencies to detainees in the custody of the armed forces of the united states and afghanistan.

mr. obey: mr. speaker. the speaker pro tempore: for what purpose does the gentleman from wisconsin rise? mr. obey: i make a point of order against the motion to recommit with instructions. the gentleman's motion to instruct includes a limitation not specifically contained or authorized in existing law. and not considered in the committee of the whole pursuant to clause 2-d of rule 21. i ask for a ruling of the chair. the speaker pro tempore: does any member wish to be heard on the point of order? the gentleman from michigan. >> i wish to be heard on the point of order. the speaker pro tempore: the gentleman may proceed. mr. rogers: mr. speaker, the motion to recommit contains language that i placed into the june 15, 2009 congressional record to prohibit any funds in this bill from being used by the department of justice to provide miranda rights to detainees in the custody of the united states military in afghanistan. house resolution 544, the original rule for consideration of this bill, limited amendments to those received for printing in the portion of the congressional record of june 15,

2009, or earlier, designated for that purpose in clause 8 of rule 18. therefore under the terms of the house resolution 544, the original rule adopted for consideration of this bill, my amendment was in order to be considered during the amendment process in the committee of the whole. mr. speaker, it is my understanding that clause 2 of rule 21 of the rules of the house prohibits the limitation from being offered on an appropriations bill if it contains legislation. since my amendment did not constitute leng slating -- legislating on an appropriation bill my amendment would have been in order as a valid amendment during consideration of the committee of the whole. however the highly restrictive second rule that we operated under for consideration of amendments in the committee of the whole prohibited me from offering my amendment. an amendment that would have been in order under the rules of the house. despite the fact that i testified at the rules committee asking that i be allowed to offer it. had my amendment be allowed to be offered during this consideration of amendments to

this bill, this motion to recommit would not be subject to any plarlmentary challenge. therefore i ask the chair to find this motion to recommit in order so that members could consider this very important amendment to prohibit the extension of miranda rights to suspected terrorists, nonu.s. citizens captured in the battlefield national park afghanistan. i appeal the ruling of the chair. the speaker pro tempore: the gentleman from wisconsin makes the point of order that the motion violates clause 2-c of rule 21. clause 2-c operates as a general prohibition against amendments proposing limitations not specifically contained or authorized in existing law. a general appropriation bill remains under consideration even after the committee of the whole has risen and reported the bill back to the house. as such a motion to recommit a general appropriation bill remains subject to clause 2-c of rule 21 because it is not in order to propose as instructions in a motion to recommit mandatory language that would not be in order if offered as a direct amendment. a motion to recommit that

proposal is a limitation amendment is not in order unless such limitation amendment was actually offered and considereder in the committee of the whole. this proposition is ill louis dated in rulings of august 1, 1989, and august 3 of 1989. the chair finds the amendment proposed the in the motion to recommit violates clause 2-c of rule 21. the point of order is sustained. the gentleman from michigan. mr. rogers: i appeal the ruling of the chair. the speaker pro tempore: the question is, shall the decision of the chair stand as the judgment of the house? the gentleman from wisconsin. mr. obey: i move to table the appeal of the ruling of the chair. the speaker pro tempore: the question is on the motion to table. all those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. the gentleman from michigan. mr. rogers: i ask for a recorded vote, mr. speaker. the speaker pro tempore: a recorded vote is requested. those favoring a recorded vote will rise. a sufficient number having arisen, a recorded vote is ordered. members willers will record the 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.]

the speaker pro tempore: on this vote the yeas are 246, the nays are 171. the motion is adopted. without objection the motion to reconsider is laid on the table. >> mr. speaker, i move we reconsider the vote. the speaker pro tempore: the question is on the motion to reconsider.

all those in favor say aye. all those opposed, no. in the opinion of the chair, the noes have it. >> mr. speaker, i ask for a recorded vote. the speaker pro tempore: a recorded is requested. those favoring a recorded vote will rise. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. this will be a five-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.]

the speaker pro tempore: on this vote the yeas are 159, the nays are --