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LEGISLATIVE DAY OF MAY 21, 2009
111TH CONGRESS - FIRST SESSION

9:27 P.M. -
The House adjourned pursuant to H. Con. Res. 133. The next meeting is scheduled for 2:00 p.m. on June 2, 2009.

On motion to adjourn Agreed to by voice vote.

Mr. King (IA) moved that the House do now adjourn.

7:30 P.M. -
SPECIAL ORDER SPEECHES - The House resumed Special Order speeches.

7:29 P.M. -
MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP - Pursuant to 22 U.S.C. 276h, and the order of the House of January 6, 2009, the Speaker appointed the following members of the House to the MEXICO-UNITED STATES INTERPARLIAMENTARY GROUP: Mr. McCaul, Mr. Dreier, Mr. Mack, Mr. Bilbray and Mr. Nunes.

COMMISSION ON CONGRESSIONAL MAILING STANDARDS - Pursuant to 2 U.S.C. 501(b), and the order of the House of January 6, 2009, the Speaker appointed the following members of the House to the COMMISSION ON CONGRESSIONAL MAILING STANDARDS: Mrs. Davis of CA, Mr. Sherman and Ms. Edwards of MD .

The House received a communication from Honorable John A. Boehner, Republican Leader. Pursuant to the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 955(b) note), Mr Boehner notified the House that he reappointed the Honorable Pat Tiberi of Ohio to the National Council on the Arts.

6:09 P.M. -
SPECIAL ORDER SPEECHES - The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

6:08 P.M. -
The Speaker laid before the House a message from the President transmitting his written approval, authorization, and determination concerning the Agreement for Cooperation Between the Government of the United States of America and the Government of the United Arab Emirates Peaceful Uses of Nuclear Energy, and an unclassified Nuclear Proliferation Assessment Statement (NPAS) concerning the Agreement - referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 111-43).

6:07 P.M. -
The House received a communication from Honorable John A. Boehner, Republican Leader. Pursuant to section 703(c) of the Public Interest Declassification Act of 2000 (50 U.S.C. 435 note), Mr. Boehner notified the House that he will reappoint Admiral William O. Studeman of Great Falls, Virginia to the Public Interest Declassification Board. The previous appointee, the Honorable David Skaggs, intends to resign effective June 5, 2009. His initial appointment was made because of the change in Congress and the presumed statutory intent of the Board with the understanding that he would resign at the end of his term.

6:06 P.M. -
Mr. Filner asked unanimous consent That, when the House adjourns on Thursday, May 21, 2009, it adjourn to meet at 3:00 p.m on Monday, May 25, 2009, unless it sooner has received a message from the Senate transmitting its concurrence in H.Con.Res. 133, in which case the House shall stand adjourned pursuant to that concurrent resolution. Agreed to without objection.

5:56 P.M. -
ONE MINUTE SPEECHES - The House proceeded with further one minute speeches.

Ms. Pingree (ME) filed a report from the Committee on Rules on H. Res. 474.

H.R. 915:
to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes

5:54 P.M. -
The title of the measure was amended. Agreed to without objection.

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 915.

5:53 P.M. -
Motion to reconsider laid on the table Agreed to without objection.

On passage Passed by recorded vote: 277 - 136 (Roll no. 291).

5:41 P.M. -
On motion to recommit with instructions Failed by recorded vote: 154 - 263 (Roll no. 290).

5:23 P.M. -
The previous question on the motion to recommit with instructions was ordered without objection.

5:11 P.M. -
DEBATE - The House proceeded with 10 minutes of debate on the Campbell (CA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment adding a new section to title IV.

5:10 P.M. -
Mr. Campbell moved to recommit with instructions to Transportation.

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

5:08 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. 915.

On agreeing to the McCaul amendment Agreed to by recorded vote: 417 - 2 (Roll no. 289).

5:00 P.M. -
On agreeing to the Burgess amendment Agreed to by recorded vote: 420 - 0 (Roll no. 288).

4:33 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.

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

4:22 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Ackerman amendment.

Amendment offered by Mr. Ackerman.

An amendment numbered 12 printed in part C of House Report 111-126 to provide that Congress finds the FAA did not follow FAA policy statements in determining whether the proposed College Point Marine Transfer Station in New York if constructed would constitute a hazard to air navigation. It also requires the FAA Administrator to take such actions as may be necessary to designate the proposed College Point Marine Transfer Station in New York City, New York, as a hazard to air navigation.

4:21 P.M. -
On agreeing to the Lowey amendment Agreed to by voice vote.

4:18 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Lowey amendment.

Amendment offered by Mrs. Lowey.

An amendment numbered 11 printed in part C of House Report 111-126 to direct the FAA to initiate a rulemaking process to determine the authorization of Westchester County Airport to reinstate limits on overnight aircraft operations.

4:17 P.M. -
By unanimous consent, the Frelinghuysen amendment was withdrawn.

4:12 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Frelinghuysen amendment.

Amendment offered by Mr. Frelinghuysen.

An amendment numbered 10 printed in part C of House Report 111-126 to require the FAA to study the proposed New York/New Jersey/Philadelphia Class B modification design change. The study shall determine the effect of the change on the environment, with an emphasis on airplane noise. The study shall state whether the change was considered in conjunction with the New York/New Jersey/Philadelphia Airspace Redesign.

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

4:08 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Kilroy amendment.

Amendment offered by Ms. Kilroy.

An amendment numbered 9 printed in part C of House Report 111-126 to require the GAO to study, within one year of enactment, the effectiveness of FAA oversight activities related to preventing or mitigating the effects of dense continuous smoke in the cockpit of commercial aircraft.

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

4:05 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Cassidy amendment.

Amendment offered by Mr. Cassidy.

An amendment numbered 8 printed in part C of House Report 111-126 to amend section 417 (review of air carrier flight delays, cancellations, and associated causes) so that the Inspector General study includes the effect that limited air carrier service operations on routes have on the frequency of delays and cancellations on such routes.

On agreeing to the Murphy (CT) amendment Agreed to by voice vote.

4:03 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (CT) amendment.

4:02 P.M. -
Amendment offered by Mr. Murphy (CT).
An amendment numbered 7 printed in part C of House Report 111-126 to provide that when conducting an appraisal for purchase or property under the Airport Improvement Program, the appraisal must not consider either the increased or decreased value of the property due to the property's inclusion in a potential project.

4:01 P.M. -
POSTPONED PROCEEDINGS - At the conclusion of debate on the McCaul amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. McCaul demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.

3:53 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the McCaul amendment.

Amendment offered by Mr. McCaul.

An amendment numbered 6 printed in Part C of House Report 111-126 to prohibit authorized funds from being used to name a project or program for an individual then serving as a Member, Delegate, Resident Commissioner, or Senator of the United States Congress.

On agreeing to the Cuellar amendment as modified Agreed to by voice vote.

3:50 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment, as modified.

Cuellar amendment modified by unanimous consent.

3:49 P.M. -
Amendment offered by Mr. Cuellar.
An amendment numbered 5 printed in Part C of House Report 111-126 to direct the FAA Administrator to study the FAA radar signal locations and their impact on the development of renewable energy technologies, and to make recommendations as necessary for relocation of FAA radars and testing and deployment as needed.

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

3:41 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess amendment.

Amendment offered by Mr. Burgess.

An amendment numbered 4 printed in Part C of House Report 111-126 to express the sense of Congress that FAA whistleblowers be granted the full protection of the law.

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

3:36 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Richarson amendment.

Amendment offered by Ms. Richardson.

An amendment numbered 3 printed in Part C of House Report 111-126 to require the Transportation Secretary, within 180 days of enactment, to issue regulations to require each air carrier to provide each of its passengers an option to receive a text message (or other comparable electronic service), subject to any fees applicable under the contract of the passenger for the electronic service, from the air carrier consisting of a notification of any change in the status of the flight of such passenger prior to boarding. This would only apply to air carriers that earn at least one-percent of the domestic passenger service revenue.

3:35 P.M. -
On agreeing to the Lee (NY) amendment Agreed to by voice vote.

3:29 P.M. -
DEBATE - Pursuant to the provisions of H. Res. 464, the Committee of the Whole proceeded with 10 minutes of debate on the Lee (NY) amendment.

Amendment offered by Mr. Lee (NY).

An amendment numbered 2 printed in Part C of House Report 111-126 to require GAO, within 3 months of enactment, to initiate a study into commercial airline pilot training and certification programs. The GAO shall submit the report to Congress within 12 months of the study's initiation.

3:28 P.M. -
On agreeing to the Oberstar amendment Agreed to by voice vote.

3:08 P.M. -
DEBATE - Pursuant to the provisions of H. Res. 464, the Committee of the Whole proceeded with 20 minutes of debate on the Oberstar amendment.

3:07 P.M. -
Amendment offered by Mr. Oberstar.
An amendment numbered 1 printed in Part C of House Report 111-126 to make sundry changes to the legislation.

3:06 P.M. -
Pursuant to the provisions of H.Res. 464, an amendment in the nature of a substitute printed in part A of House Report 111-126, modified by the amendment printed in part B of the report, is considered as adopted as original text for the purpose of further amendment.

H.R. 915:
to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes

1:55 P.M. -
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 915.

1:54 P.M. -
The Speaker designated the Honorable Dennis A. Cardoza 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. 464 and Rule XVIII.

Rule provides for consideration of H.R. 915 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. In lieu of the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, the amendment in the nature of a substitute printed in part A of the report, modified by the amendment printed in part B, shall be considered as adopted. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule.

Considered under the provisions of rule H. Res. 464.

H.R. 1676:
to prevent tobacco smuggling, to ensure the collection of all tobacco taxes, and for other purposes

1:53 P.M. -
Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 397 - 11 (Roll no. 287).

1:46 P.M. -
Considered as unfinished business.

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

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

1:45 P.M. -
On agreeing to the conference report Agreed to by the Yeas and Nays: 411 - 0 (Roll no. 286).

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

1:18 P.M. -
The previous question was ordered pursuant to the rule.

12:42 P.M. -
DEBATE - The House proceeded with 1 hour of debate on the conference report to accompany S. 454.

Mr. Skelton brought up conference report H. Rept. 111-124 for consideration under the provisions of H. Res. 463.

H. Res. 464:
providing for consideration of the bill ( H.R. 915) to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes

12:41 P.M. -
On agreeing to the resolution Agreed to by the Yeas and Nays: 234 - 178 (Roll no. 285).

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

12:33 P.M. -
On ordering the previous question Agreed to by the Yeas and Nays: 246 - 175 (Roll no. 284).

12:24 P.M. -
Considered as unfinished business.

12:23 P.M. -
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of ordering the previous question on H.Res. 464, followed by adoption of H.Res. 464, if ordered, which had been debated earlier and on which further proceedings had been postponed.

On the motion to table the appeal of the ruling of the Chair. Agreed to by the Yeas and Nays: 252 - 172 (Roll no. 283).

11:56 A.M. -
Mr. Hoyer moved to table the appeal of the ruling of the Chair.

Mr. Bishop(UT) moved to appeal the ruling of the Chair.

11:55 A.M. -
A QUESTION OF THE PRIVILEGES OF THE HOUSE - Mr. Bishop (UT) rose to a question of the privileges of the House and submitted a privileged resolution. Upon examination of the resolution, the Chair determined that the resolution did not constitute a question of the privileges of the House.

NOTIFICATION OF INTENT TO OFFER A RESOLUTION - Mr. Bishop (UT) notified the House of his intent to rise to a question of the privileges of the House and to offer a resolution. Mr. Bishop (UT) was recognized to notice the form of his proposed resolution.

H. Con. Res. 133:
providing for an adjournment or recess of the two Houses

11:52 A.M. -
Motion to reconsider laid on the table Agreed to without objection.

On agreeing to the resolution Agreed to by the Yeas and Nays: 237 - 184 (Roll no. 282).

11:24 A.M. -
Considered as privileged matter.

H. Res. 464:
providing for consideration of the bill ( H.R. 915) to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes

11:22 A.M. -
POSTPONED PROCEEDINGS - At the conclusion of debate on H.Res. 464 the question was put on ordering the previous question on H.Res. 464 and by voice vote the ayes had prevailed. Mr. Lincoln Diaz-Balart demanded the Yeas and Nays and the Chair postponed further proceedings on ordering the previous question on H.Res. 464 until later in the legislative day.

10:51 A.M. -
DEBATE - The House proceeded with one hour of debate on H. Res. 464.

Considered as privileged matter.

H. Res. 463:
providing for consideration of the conference report to accompany the bill ( 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 agreeing to the resolution Agreed to by voice vote.

10:50 A.M. -
The previous question was ordered without objection.

10:30 A.M. -
DEBATE - The House proceeded with one hour of debate on H. Res. 463.

10:29 A.M. -
Considered as privileged matter.

10:04 A.M. -
ONE MINUTE SPEECHES - The House proceeded with one minute speeches which by direction of the Chair, would be limited to 10 per side of the aisle.

10:03 A.M. -
The House received a message from the Senate. The Senate passed S. 614.

PLEDGE OF ALLEGIANCE - The Chair designated Mr. Smith of NE 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.

Today's prayer was offered by Reverend Troy Ehlke, Christ Lutheran Church, Charlotte, North Carolina

10:00 A.M. -
The House convened, starting a new legislative day.


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