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LEGISLATIVE DAY OF APRIL 1, 2009
111TH CONGRESS - SECOND SESSION

H. Con. Res. 85:: setting forth the congressional budget for the United States Government for fiscal year 2010 and including the appropriate budgetary levels for fiscal years 2009 and 2011 through 2014

8:59 P.M. -

GENERAL DEBATE - The Committee of the Whole proceeded with four hours of general debate on H. Con. Res. 85.

8:58 P.M. -

The Speaker designated the Honorable Ellen O. Tauscher to act as Chairwoman of the Committee.

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 305 and Rule XVIII.

Rule provides for consideration of H. Con. Res. 85 with 4 hours of general debate. The resolution waives all points of order against consideration of the concurrent resolution.

Considered under the provisions of rule H. Res. 305.

H. Res. 298:: congratulating the on-premise sign industry for its contributions to the success of small businesses

8:57 P.M. -

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by voice vote.

8:46 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H. Res. 298.

Considered under suspension of the rules.

Ms. Clarke moved to suspend the rules and agree to the resolution.

8:45 P.M. -

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

H.R. 1256:: to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products

8:44 P.M. -

POSTPONED PROCEEDINGS - At the conclusion of debate on the Buyer amendment in the nature of a substitute, the Chair postponed further proceedings on H.R. 1256 until a time to be announced.

8:13 P.M. -

DEBATE - Pursuant to the provisions on H.Res. 307, the House proceeded with 30 minutes of debate on the Buyer amendment in the nature of a substitute.

8:12 P.M. -

Amendment in the nature of a substitute offered by Mr. Buyer.

: An amendment in the nature of a substitute printed in part B of House Report 111-72 to create a Tobacco Harm Reduction Center under the Department of HHS to regulate all tobacco products and establishes a regulatory scheme to provide for tobacco prevention, education, and cessation programs.

7:27 P.M. -

DEBATE - The House proceeded with one hour of debate on H.R. 1256.

7:26 P.M. -

Rule provides for consideration of H.R. 1256 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. Upon the adoption of this resolution it shall be in order to consider in the House the bill H.R. 1256. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment printed in part A of the report shall be considered as adopted.

Considered under the provisions of rule H. Res. 307.

H. Res. 307:: providing for consideration of the bill ( H.R. 1256) to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products

7:25 P.M. -

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by voice vote.

7:24 P.M. -

The previous question was ordered without objection.

6:58 P.M. -

DEBATE - The House resumed debate on H. Res. 307.

6:57 P.M. -

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 316.

H. Res. 307:: providing for consideration of the bill ( H.R. 1256) to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products

6:25 P.M. -

DEBATE - The House proceeded with one hour of debate on H. Res. 307.

Considered as privileged matter.

6:24 P.M. -

Mr. Polis (CO) asked unanimous consent That when the House adjourns on Wednesday, April 1, 2009, it adjourn to meet at 9 a.m. on Thursday, April 2, 2009. Agreed to without objection.

H.R. 1664:: to amend the executive compensation provisions of the Emergency Economic Stabilization Act of 2008 to prohibit unreasonable and excessive compensation and compensation not based on performance standards

Motion to reconsider laid on the table Agreed to without objection.

On passage Passed by recorded vote: 247 - 171, 1 Present (Roll no. 182).

6:07 P.M. -

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

6:06 P.M. -

The previous question was ordered pursuant to the rule.

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1664.

6:05 P.M. -

On agreeing to the Dahlkemper amendment Agreed to by recorded vote: 246 - 180, 1 Present (Roll no. 181).

5:58 P.M. -

On agreeing to the Bean amendment Agreed to by recorded vote: 228 - 198, 1 Present (Roll no. 180).

5:26 P.M. -

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

5:25 P.M. -

POSTPONED PROCEEDINGS - At the conclusion of debate on the Dahlkemper amendment the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Frank (MA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

5:10 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the Dahlkemper amendment.

Amendment offered by Mrs. Dahlkemper.

: An amendment numbered 7 printed in House Report 111-71 to clarify the definition of executive compensation to include payments made before, during and after employment, and would make explicit that the definition of compensation considered under the standards to be prepared by the Secretary to include payment of money, transfers of property or provision of services.

5:09 P.M. -

On agreeing to the DeFazio amendment Failed by voice vote.

5:00 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the DeFazio amendment.

Amendment offered by Mr. DeFazio.

: An amendment numbered 6 printed in House Report 111-71 to amend the Emergency Economic Stabilization Act of 2008 to make the shareholder vote on executive compensation packages binding upon the board of directors.

4:59 P.M. -

On agreeing to the Bilirakis amendment Agreed to by voice vote.

4:54 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the Bilirakis amendment.

Amendment offered by Mr. Bilirakis.

: An amendment numbered 5 printed in House Report 111-71 to clarify that an institution that is not a TARP recipient will not be subject to the requirements of the bill as a result of doing business with a TARP recipient.

4:53 P.M. -

POSTPONED PROCEEDINGS - At the conclusion of debate on the Bean amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Ms. Bean demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

4:41 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the Bean amendment.

Amendment offered by Ms. Bean.

: An amendment numbered 4 printed in House Report 111-71 to allow institutions that enter into a payment schedule with Treasury on terms set by Treasury to no longer be subject to the bonus and compensation restrictions created by the Act. If an institution defaults on its payment schedule, any bonuses and compensation that exceeds the regulations promulgated in accordance to the Act would be subject to clawback.

4:40 P.M. -

On agreeing to the Meeks (NY) amendment Failed by voice vote.

4:23 P.M. -

DEBATE - Pursuant ot the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the Meeks (NY) amendment.

Amendment offered by Mr. Meeks (NY).

: An amendment numbered 3 printed in House Report 111-71 to exempt from compensation standards any institutions that receive TARP funding or payment agreements entered into before the enactment of this bill.

4:22 P.M. -

On agreeing to the Cardoza amendment Agreed to by voice vote.

4:12 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 10 minutes of debate on the Cardoza amendment.

Amendment offered by Mr. Cardoza.

: An amendent numbered 2 printed in House Report 111-71 to allow the Treasury Secretary to exempt financial institutions receiving TARP funds under a certain threshold.

4:11 P.M. -

On agreeing to the Frank (MA) amendment Agreed to by voice vote.

3:48 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 306, the Committee of the Whole proceeded with 20 minutes of debate on the Frank amendment.

3:47 P.M. -

Amendment offered by Mr. Frank (MA).

: An amendment numbered 1 printed in House Report 111-71 to further clarifiy that an institution does not become subject to the limitations on compensation in this bill as a result of doing business with an institution that has received a direct capital investment under either the TARP or HERA. Would exempt severance pay from coverage if the payment is made in the ordinary course to an employee who has been with the institution at least 5 years prior to dismissal, as long as that payment is not greater than the employees annual salary or $250,000. Would require the compensation data that an institution must report annually to the Treasury to include contributions made for the benefit of an employees immediate family members. Would create a Commission on Executive Compensation to study the executive compensation system for recipients of direct capital investments under the TARP and make recommendations for legislative and regulatory action.

2:39 P.M. -

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1664.

The Speaker designated the Honorable Jesse L. Jackson Jr. to act as Chairman of the Committee.

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 306 and Rule XVIII.

2:38 P.M. -

Rule provides for consideration of H.R. 1664 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill.

Considered under the provisions of rule H. Res. 306.

H. Res. 290:: honoring the lives, and mourning the loss, of Sergeant Mark Dunakin, Sergeant Ervin Romans, Sergeant Daniel Sakai, and Officer John Hege, members of the Oakland Police Department in California who were brutally slain in the line of duty

2:37 P.M. -

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 179).

2:29 P.M. -

Considered as unfinished business.

H.R. 1575:: to authorize the Attorney General to limit or recover excessive compensation paid or payable by entities that have received Federal financial assistance on or after September 1, 2008

2:27 P.M. -

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 223 - 196 (Roll no. 178).

2:17 P.M. -

Considered as unfinished business.

H. Res. 306:: providing for consideration of the bill ( H.R. 1664) to amend the executive compensation provisions of the Emergency Economic Stabilization Act of 2008 to prohibit unreasonable and excessive compensation and compensation not based on performance standards

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 236 - 175, 1 Present (Roll no. 177).

2:10 P.M. -

Considered as unfinished business.

H. Res. 305:: providing for consideration of the concurrent resolution ( H. Con. Res. 85) setting forth the congressional budget for the United States Government for fiscal year 2010 and including the appropriate budgetary levels for fiscal years 2009 and 2011 through 2014

Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 234 - 179 (Roll no. 176).

2:03 P.M. -

Considered as unfinished business.

2:02 P.M. -

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of H.Res. 305 and H.Res. 306 and motions to suspend the rules which had been debated earlier and on which further proceedings had been postponed.

H. Res. 312:: raising a question of the privileges of the House

1:59 P.M. -

On motion to table the measure Agreed to by the Yeas and Nays: 217 - 185, 16 Present (Roll no. 175).

1:27 P.M. -

Mr. Hall (NY) moved to table the measure.

1:26 P.M. -

Considered as privileged matter.

1:25 P.M. -

QUESTION OF THE PRIVILEGES OF THE HOUSE - Mr. Flake rose to a question of the privileges of the House and offered a resolution. The Chair directed the Clerk to report the resolution. The Clerk completed the reading of H.Res. 312 and the Chair announced that the resolution met the required threshold under the rule.

H.R. 1575:: to authorize the Attorney General to limit or recover excessive compensation paid or payable by entities that have received Federal financial assistance on or after September 1, 2008

1:22 P.M. -

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

12:54 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H.R. 1575.

Considered under suspension of the rules.

Mr. Conyers moved to suspend the rules and pass the bill, as amended.

H.R. 1804:: to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes

12:53 P.M. -

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

12:16 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H.R. 1804.

Considered under suspension of the rules.

Mr. Towns moved to suspend the rules and pass the bill.

12:15 P.M. -

The Speaker announced that votes on suspensions, if ordered, will be postponed until the conclusion of general debate on all suspensions.

H. Res. 306:: providing for consideration of the bill ( H.R. 1664) to amend the executive compensation provisions of the Emergency Economic Stabilization Act of 2008 to prohibit unreasonable and excessive compensation and compensation not based on performance standards

12:14 P.M. -

POSTPONED PROCEEDINGS - At the conclusion of debate on H.Res. 306, the Chair put the question on adoption of the resolution, and by voice vote announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the resolution until a time to be announced.

The previous question was ordered without objection.

11:16 A.M. -

DEBATE - The House proceeded with one hour of debate on H. Res. 306.

Considered as privileged matter.

H. Res. 305:: providing for consideration of the concurrent resolution ( H. Con. Res. 85) setting forth the congressional budget for the United States Government for fiscal year 2010 and including the appropriate budgetary levels for fiscal years 2009 and 2011 through 2014

11:15 A.M. -

POSTPONED PROCEEDINGS - At the conclusion of debate on H.Res. 305, the Chair put the question on adoption of agreeing to the resolution, and by voice vote announced that the ayes had prevailed. Mr. Dreier demanded the yeas and nays and the Chair postponed further proceedings on adoption until later in the legislative day.

The previous question was ordered without objection.

10:32 A.M. -

DEBATE - The House proceeded with one hour of debate on H. Res. 305.

Considered as privileged matter.

10:03 A.M. -

ONE MINUTE SPEECHES - The House proceeded with one minute speeches, which by direction of the Chair would be limited to 15 per side of the aisle.

10:02 A.M. -

PLEDGE OF ALLEGIANCE - The Chair designated Mr. Bright to lead the Members in reciting the Pledge of Allegiance to the Flag.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

10:00 A.M. -

Today's prayer was offered by the House Chaplain, Rev. Daniel Coughlin.

The Speaker designated the Honorable Ellen O. Tauscher to act as Speaker pro tempore for today.

The House convened, starting a new legislative day.