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LEGISLATIVE DAY OF MAY 13, 2009
111TH CONGRESS - FIRST SESSION

9:42 P.M. -

The House adjourned. The next meeting is scheduled for 10:00 a.m. on May 14, 2009.

On motion to adjourn Agreed to by voice vote.

Mr. Hodes moved that the House do now adjourn.

6:06 P.M. -

SPECIAL ORDER SPEECHES - The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

6:04 P.M. -

Mrs. Lummis requested the following general leaves to address the House on May 20: Mr. Poe of TX for 5 min, Mr. Jones for 5 min, and Mr. McHenry for 5 min.

Mrs. Lummis requested that Mr. McHenry be allowed to address the House for 5 minutes on May 19.

Mrs. Lummis requested that Mr. McHenry be allowed to address the House for 5 minutes on May 18.

Mrs. Lummis requested that Mr. McHenry be allowed to address the House for 5 minutes on May 16.

Mrs. Lummis requested the following general leaves to address the House on May 15: Mr. Paul for 5 min and Mr. McHenry for 5 min.

Mrs. Lummis requested the following general leaves to address the House on May 14: Mr. Paul for 5 min and Mr. McHenry for 5 min.

6:01 P.M. -

Institute of American Indian and Alaska Native Culture and Arts Development- the Speaker appointed Mr Lujan of New Mexico to the Board of Directors .

5:59 P.M. -

Mr. Perlmutter filed a report from the Committee on Rules on H. Res. 434.

S. 454:: to improve the organization and procedures of the Department of Defense for the acquisition of major weapon systems, and for other purposes

5:58 P.M. -

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

On motion to authorize conferees to close meetings Agreed to by the Yeas and Nays: 409 - 11 (Roll no. 254).

5:41 P.M. -

Mr. Skelton moved that the House authorize conferees to close meetings.

5:40 P.M. -

The Speaker appointed conferees: Skelton, Spratt, Ortiz, Taylor, Abercrombie, Reyes, Snyder, Smith (WA), Sanchez, Loretta, McIntyre, Tauscher, Brady (PA), Andrews, Davis (CA), Langevin, Cooper, Ellsworth, Sestak, McHugh, Bartlett, McKeon, Thornberry, Jones, Akin, Forbes, Miller (FL), Wilson (SC), Conaway, Hunter, and Coffman (CO).

H. Res. 204:: congratulating the American Dental Association for its 150th year of working to improve the public's oral health and promoting dentistry, supporting initiatives to improve access to oral health care services for all Americans, and emphasizing the benefits of prevention of disease through support of community prevention initiatives and promotion of good oral hygiene

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 recorded vote (2/3 required): 424 - 0 (Roll no. 253).

5:30 P.M. -

Considered as unfinished business.

S. 454:: to improve the organization and procedures of the Department of Defense for the acquisition of major weapon systems, and for other purposes

5:28 P.M. -

On motion that the House insist upon its amendment, and request a conference Agreed to without objection.

Pursuant to H. Res. 432, the House insisted on its amendment and requested a conference.

H.R. 2101:: to promote reform and independence in the oversight of weapons system acquisition by the Department of Defense

5:27 P.M. -

Laid on the table.

S. 454:: to improve the organization and procedures of the Department of Defense for the acquisition of major weapon systems, and for other purposes

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

On passage Passed pursuant to H. Res. 432.

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2101 pursuant to H. Res. 432.

5:26 P.M. -

Considered pursuant to H.Res. 432.

Consideration initiated pursuant to H.Res. 432.

H.R. 2101:: to promote reform and independence in the oversight of weapons system acquisition by the Department of Defense

Pursuant to the provisions of H. Res. 432, H.R. 2101 is considered passed House as amended.

H. Res. 432:: providing for passage of the bill ( H.R. 2101) to promote reform and independence in the oversight of weapons system acquisition by the Department of Defense, and for other purposes

5:25 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): 428 - 0 (Roll no. 252).

5:03 P.M. -

Considered as unfinished business.

5:02 P.M. -

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

H.R. 347:: to grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II

5:01 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.

4:38 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H.R. 347.

Considered under suspension of the rules.

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

H.R. 1209:: to require the Secretary of the Treasury to mint coins in recognition and celebration of the establishment of the Medal of Honor in 1861, America's highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Services of the United States, to honor the American military men and women who have been recipients of the Medal of Honor, and to promote awareness of what the Medal of Honor represents and how ordinary Americans, through courage, sacrifice, selfless service and patriotism, can challenge fate and change the course of history

4:37 P.M. -

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Watt objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

4:18 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H.R. 1209.

Considered under suspension of the rules.

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

H. Res. 377:: recognizing Armed Forces Day and the exemplary service of the members of the United States Armed Forces

4:17 P.M. -

4:08 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H. Res. 377.

Considered under suspension of the rules.

Mr. Massa moved to suspend the rules and agree to the resolution.

H. Res. 432:: providing for passage of the bill ( H.R. 2101) to promote reform and independence in the oversight of weapons system acquisition by the Department of Defense, and for other purposes

4:07 P.M. -

3:27 P.M. -

DEBATE - The House proceeded with forty minutes of debate on H. Res. 432.

Considered under suspension of the rules.

Mr. Skelton moved to suspend the rules and agree to the resolution.

3:26 P.M. -

The Speaker announced that votes on suspensions, if ordered, will be postponed until later in the legislative week.

H.R. 2187:: to direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes

3:25 P.M. -

Committee of the Whole House on the state of the Union rises leaving H.R. 2187 as unfinished business.

On motion that the Committee now rise Agreed to by voice vote.

3:24 P.M. -

Mr. Wu moved that the Committee now rise.

On agreeing to the Ellsworth amendment Agreed to by recorded vote: 425 - 7 (Roll no. 251).

3:04 P.M. -

On agreeing to the Roe (TN) amendment Agreed to by recorded vote: 432 - 2 (Roll no. 250).

2:54 P.M. -

On agreeing to the Titus amendment Agreed to by recorded vote: 270 - 160 (Roll no. 249).

2:26 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.

2:25 P.M. -

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

2:21 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.

Amendment offered by Mr. Schrader.

: An amendment numbered 14 printed in House Report 111-106 to require the GAO to conduct a study within one year of enactment on the extent and types of projects in keeping with the uses of funds authorized, the geographic distribution of green, high-performing schools (including by urban, suburban, and rural areas), and the relative access to such schools of the demographic groups described in section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965. These groups include: economically-disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency.

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

2:13 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Schwartz amendment.

Amendment offered by Ms. Schwartz.

: An amendment numbered 13 printed in House Report 111-106 to permit funds to be used for constructing greenhouses, gardens (including trees), and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings.

2:12 P.M. -

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

2:05 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment.

2:04 P.M. -

Amendment offered by Mr. Heinrich.

: An amendment numbered 12 printed in House Report 111-106 to allow funds to be used to install and upgrade recreational structures and physical education facilities.

2:03 P.M. -

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

1:59 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Griffith amendment.

Amendment offered by Mr. Griffith.

: An amendment numbered 11 printed in House Report 111-106 to include reducing the incidence and effects of asthma and other respiratory illnesses in children among the voluntary guidelines for high performing school buildings. It also would add reducing the incidence and effects of asthma and other respiratory illnesses to the list of demonstrable and expected benefits. The amendment includes the reduction and elimination of human exposure to airborne particles such as dust, sand, and pollens among the approved uses for grant funds used by local educational agencies.

1:58 P.M. -

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

1:49 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Bright amendment.

Amendment offered by Mr. Bright.

: An amendment numbered 10 printed in House Report 111-106 to require the Secretary to reserve 5 percent of section 102 grant funds for grants to local educational agencies serving geographic areas with significant economic distress or recovering from a natural disaster.

1:48 P.M. -

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

1:47 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Maffei amendment.

Amendment offered by Mr. Maffei.

: An amendment numbered 9 printed in House Report 111-106 to require the Education Secretary, in consultation with the Labor Secretary, to work with funding recipients to promote opportunities for individuals enrolled in Job Corps to gain employment experience on modernization, repair, and construction projects funded under the Act. The amendment also requires the Secretary of Education in consultation with the Secretary of Labor, to work with recipients of funds to promote appropriate opportunities for individuals enrolled in a junior or community college.

1:44 P.M. -

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

1:39 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Reichert amendment.

Amendment offered by Mr. Reichert.

: An amendment numbered 8 printed in House Report 111-106 to allow funds to be used to install or upgrade technology to ensure schools are able to respond to emergencies such as acts of terrorism, campus violence, and natural disasters.

1:38 P.M. -

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

1:34 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Giffords amendment.

Amendment offered by Ms. Giffords.

: An amendment numbered 7 printed in House Report 111-106 to specify that local educational agencies receiving funds under the act may encourage schools receiving funds for projects to educate students about those projects, including how they function, and their environmental, energy, sustainability, and other benefits.

1:33 P.M. -

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

1:32 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the McKeon amendment.

Amendment offered by Mr. McKeon.

: An amendment numbered 6 printed in House Report 111-106 to prohibit funds appropriated under the bill to be used for congressional earmarks as defined by clause 9(d) of rule XXI of the Rules of the House of Representatives.

1:31 P.M. -

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

1:28 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Ellsworth amendment.

Amendment offered by Mr. Ellsworth.

: An amendment numbered 5 printed in House Report 111-106 to amend section 309 (green schools) to provide that nothing in the bill shall be construed to prohibit a local educational agency from using sustainable, domestic hardwood lumber for public school modernization, renovation, repairs, or construction. It also would amend section 310 (reporting) to require agencies receiving grant funds under the bill to disclose whether any flooring installed was from renewable sources.

1:27 P.M. -

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

1:23 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Roe amendment.

Amendment offered by Mr. Roe (TN).

: An amendment numbered 4 printed in House Report 111-106 to add a new section 314 requiring the Education Secretary to enter into an agreement with the Department's Institute of Educational Sciences to evaluate the impact of projects funded under the bill on student academic achievement, including a comparison of students attending public schools receiving funding under the bill with students attending public schools that are not receiving such funding.

1:22 P.M. -

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

1:16 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Titus amendment.

Amendment offered by Ms. Titus.

: An amendment numbered 3 printed in House Report 111-106 to add a new section 314 requiring the Secretary of Education to establish an Advisory Council to the Secretary on green, high-performing schools. The Council advises the Secretary on the impact of green, high-performing schools on teaching and learning, health energy costs and environmental impact; works with the Secretary to recommend Federal policies to increase the number of green, high-performing schools; provides technical assistance to states; and identifies Federal policies that are barriers to helping states make schools green and high-performing. The Council consults with the Chair of the Council on Environmental Quality, the Commerce Secretary, Energy Secretary, Health and Human Services Secretary, Labor Secretary, EPA Administrator, and the GSA Administrator.

1:15 P.M. -

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

1:09 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the McKeon amendment.

Amendment offered by Mr. McKeon.

: An amendment numbered 2 printed in House Report 111-106 to require states to be in compliance with the public school choice, supplemental education services, private school participation, and military recruiters provisions of the Elementary and Secondary Education Act to be eligible to receive funding under the bill.

1:08 P.M. -

On agreeing to the Miller, George amendment Agreed to by voice vote.

1:02 P.M. -

DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the George Miller (CA) amendment.

Amendment offered by Mr. Miller, George.

: An amendment numbered 1 printed in House Report 111-106 to replace the bill's provision regarding charter schools (section 308) with a new provision that makes technical corrections and clarifies the disposition of excess funds. Expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes. Adds a new section to Title I of the bill giving priority consideration to schools that would use funding to remove asbestos, polychrolinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen. Increases the set-aside for tribal and outlying schools from 1% to 2%.

1:01 P.M. -

Pursuant to the provisions of H.Res. 427, an amendment in the nature of a substitute now printed in the bill, is considered as adopted as original text for the purpose of further amendment.

12:05 P.M. -

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2187.

The Speaker designated the Honorable Tim Holden 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. 427 and Rule XVIII.

12:04 P.M. -

Rule provides for consideration of H.R. 2187 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 Education and Labor now printed in the bill.

Considered under the provisions of rule H. Res. 427.

H.R. 2162:: to designate the facility of the United States Postal Service located at 123 11th Avenue South in Nampa, Idaho, as the "Herbert A Littleton Postal Station"

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

On motion to suspend the rules and pass the bill Agreed to by recorded vote (2/3 required): 420 - 0 (Roll no. 248).

11:56 A.M. -

Considered as unfinished business.

H. Con. Res. 84:: supporting the goals and objectives of a National Military Appreciation Month

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): 421 - 0 (Roll no. 247).

11:49 A.M. -

Considered as unfinished business.

H. Res. 427:: providing for consideration of the bill ( H.R. 2187) to direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes

11:46 A.M. -

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

11:45 A.M. -

On agreeing to the resolution Agreed to by the Yeas and Nays: 248 - 175 (Roll no. 246).

11:18 A.M. -

The previous question was ordered without objection.

10:31 A.M. -

DEBATE - The House proceeded with one hour of debate on H. Res. 427.

10:29 A.M. -

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

The House received a message from the Senate. The Senate agreed to H. Con. Res. 38.

10:02 A.M. -

PLEDGE OF ALLEGIANCE - The Chair designated Mr. Shimkus 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.

10:01 A.M. -

Today's prayer was offered by Reverend Charles E. Smith, Berea Baptist Church, Forest Hill, Texas

10:00 A.M. -

The Speaker designated the Honorable John T. Salazar to act as Speaker pro tempore for today.

The House convened, starting a new legislative day.