mr. frelinghuysen: mr. chairman, i make a point of order against the amendment because it proposes to change existing law and constitute legislation on an appropriations bill and therefore violates clause 2 of rule 21. the rule states the amendment to a general appropriation bill shall not be in order if changing existing law, imposes additional duties and i ask for a ruling from the chair. the chair: does any other member wish to be heard on the point of order? seeing none, the chair finds that this amendment includes language imparting direction. the amendment therefore constitutes legislation in violation of clause rule 21. the point of order is sustained and the amendment is not in order. for what purpose does the gentleman from oklahoma seek recognition? >> mr. chairman, i have an amendment at the desk. the chair: the clerk will designate the amendment. the clerk: amendment number 566 printed in the congressional record offered by mr. boren of oklahoma. the chair: the gentleman from oklahoma, mr. boren

mr. frelinghuysen: i am asking if it is in order to offer amendment number 3. mr. holt: as the designee of mr. defazio. the chair: is the gentleman referring to amendment number 97 printed in the record? mr. holt: number 97, that's correct. the chair: the reading has not progressed yet to that point. mr. holt: has not? the chair: has not. the clerk will resume. the clerk: department of labor, employment standards administration special benefits for disabled coal miners. $41 million, department of health and human services, centers for medicare and medicaid services grant to state for medicaid, $86,445,289,000. department of health and human services, administration for children and families, payments to states for child support enforcement and family support programs, $1,200 mill to remain available until extended. department of health and services, administration for families, payments to state for foster care and permanency, $1, 850,00o 67. social security administration, supplemental security program, $13,400 million. section 1110, amounts incorporated by refere

mr. frelinghuysen: mr. chairman, i oppose the gentleman's amendment, which adds, as we know, $50 million for arpa-e while cutting funding for fossil energy -- for the fossil energy program. the energy and water portion of this bill strikes a careful balance between national security, american competitiveness and the grave responsibility of deficit reduction. as written, this bill provides sufficient funding to keep arpa-e operational and active in fiscal year 2011 while we thoroughly evaluate the program and its future in the fiscal year 2012 appropriations process. arpa-e has shown some promise in advancing our competitiveness within the light of the tough tradeoffs we've had to make in this bill, and indeed they've been tough, i can't support further increased funding for arpa-e before we've had a broader discussion of the new program. further, to achieve this bill's historic levels of spending reduction, the bill has struck a finely tuned balance of support across programs within the department of energy

mr. frelinghuysen: to recognize mr. hastings for 45 minutes. mr. hastings: i ask unanimous consent to revise and extend my remarks. the chair: without objection, so ordered. mr. hastings: i thank the gentleman for yielding and i understand why my good friend from nevada is offering this. he's representing what he thinks is right for his constituents and i commend him for that. but the fact of the matter this is the law of the country. this is the repository, period. yet the department of energy, in my view, has been operating outside the law the last year. ratepayers already spent $10 billion on this. if we terminate this site we'll have other liabilities. in fact there are other contractual lablets of $2 billion that have been let already. plus the expense if we have to find another repository will cost taxpayers further billions of dollars. i understand why the gentleman is doing this. i think he is incorrect but urge members vote against his amendment and yield back. the chair: the gentleman's time has expired. the gentleman from new jersey has

mr. frelinghuysen. the speaker pro tempore: the gentleman is recognized for two minutes. mr. frelinghuysen: i thank the gentleman for yielding. i rise in support of the rule and continuing resolution. mr. speaker, we would not be in this situation this afternoon if the leadership of the last congress let the appropriations committee do its work last year, to act on the president's budget proposal when it came out, to debate our bills in full committee, to debate our bills on the floor. that's why we are here today. it would have been great if last year's house leadership listened to the american people. we would not be in this situation if the president and the congressional leadership hadn't borrowed billions of dollars, mortgaging our future, to spend on multiple stimulus bills and bailouts that did little to create public sector jobs and restore consumer confidence. the department of energy aloan has $39 billion in stimulus money, all, i may say, borrowed. more than $9 billion than its entire budget. it was a recipe for waste, a scatter gun approach that raised many public

mr. frelinghuysen: mr. chairman, we support the gentlewoman's effort to ensure every taxpayer dollar is spent wisely and effectively. our committee has always been focused on that. effective recruiting is critical to the military's ability to attract new, qualified military men and women and maintain our all-volunteer force. the department of defense uses its sponsorship of nascar and other sporting events to create awareness of the different military services and the unique advantages and programs that come with serving our nation. quite frankly, mr. chairman, it's a great public-private partnership. nascar sponsorship has proven to be a very cost-effective recruiting tool with some estimates stating that for every dollar the military puts in nascar sponsorship, it gets $4 in equivalent in advertising through television, merchandise, and other outlets. we believe the dollars are well spent, and thus i oppose the amendment and yield to mr. mchenry of north carolina for any remarks he may have. mr. mchenry:

mr. frelinghuysen: we're spleesed -- pleased to accept the amendment. the chair: the gentleman accepts the amendment. ms. wasserman schultz: thank you very much. the chair: the question is on the amendment offered by the gentlewoman from florida. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. the amendment is agreed to. for what purpose does the gentleman from texas rise? mr. carter: mr. speaker, i have an amendment at the desk. 165. choipt clerk will designate the amendment. drn the chair: the clerk will designate the amendment. the clerk: amendment number 165, printed in the congressional record offered by mr. carter of texas. the chair: the gentleman is recognized for five minutes. mr. carter: thank you, mr. chairman. the u.s. seaman industry is among the most regulated in the world and has long served not only as a responsible steward of the environment, but as a provider of highways, family jobs and communities throughout this country. it competes against important agencymen which has the advantage of low

mr. frelinghuysen: but the associated logistics of moving fuel from vehicle to aircraft and forward operating bases remain costly. it's also been shown that for every 24 full convoys in afghanistan, an american soldier is wounded or killed. the defense subcommittee has made a conscious and dedicated effort to advance the department's efforts searching for better ways to reduce con sums and reducing costly and complicated logistics. this amendment would unnecessarily erase that progress and further the department's dependence on fossil fuels. for this and many other reasons, i urge no on this amendment. the chair: the gentleman yields back. for what purpose does the quelt from washington rise? >> i move to strike the reck sith number of words and to -- and to rise in strong opposition to the amendment. mr. dicks: the amendment cuts $115.5 million in funding for development of alternative energy. the bill includes funding based in part on the defense science board's february, 2008, report on d.o.d. energy strategy. the d.s.b. board made numerous recommendations to improve d.o.d. energy efficien