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LEGISLATIVE DAY OF NOVEMBER 6, 2009
111TH CONGRESS - FIRST SESSION

2:26 A.M. -
The House adjourned. The next meeting is scheduled for 9:00 a.m. on November 7, 2009.

On motion to adjourn Agreed to by voice vote.

Mr. Polis (CO) moved that the House do now adjourn.

2:25 A.M. -
The House convened, returning from a recess continuing the legislative day of November 6.

Mr. Polis (CO) filed a report from the Committee on Rules on H. Res. 903.

11:34 P.M. -
The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.

7:27 P.M. -
SPECIAL ORDER SPEECHES - The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

Mr. Poe of TX requested the following general leaves to address the House on November 10: Mr. Burton of IN for 5 min and Mr. Wolf for 5 min.

Mr. Poe of TX requested the following general leaves to address the House on November 9: Mr. Burton of IN for 5 min and Mr. Wolf for 5 min.

6:47 P.M. -
ONE MINUTE SPEECHES - The House proceeded with further one minute speeches.

6:45 P.M. -
Pursuant to clause 8, rule XX, the Speaker postponed until a time to be announced, the roll call vote on the motion to suspend the rules and agree to H. Res. 895, which was ordered on Friday, November 6, 2009.

H. Con. Res. 209:
recognizing the 30th anniversary of the Iranian hostage crisis, during which 52 United States citizens were held hostage for 444 days from November 4, 1979, to January 20, 1981, and for other purposes

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. McMahon 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 The point of no quorum was withdrawn.

6:24 P.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Con. Res. 209.

Considered under suspension of the rules.

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

H. Res. 833:
honoring the 60th anniversary of the establishment of diplomatic relations between the United States and the Hashemite Kingdom of Jordan, the 10th anniversary of the accession to the throne of His Majesty King Abdullah II Ibn Al Hussein, and for other purposes

6:23 P.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. McMahon 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.

6:08 P.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 833.

Considered under suspension of the rules.

Mr. McMahon moved to suspend the rules and agree to the resolution, as amended.

H. Res. 892:
recognizing the 20th anniversary of the remarkable events leading to the end of the Cold War and the creation of a Europe, whole, free, and at peace

6:06 P.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. McMahon 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.

5:35 P.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 892.

Considered under suspension of the rules.

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

H. Res. 877:
expressing support for Chinese human rights activists Huang Qi and Tan Zuoren for engaging in peaceful expression as they seek answers and justice for the parents whose children were killed in the Sichuan earthquake of May 12, 2008

5:34 P.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Berman 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.

4:55 P.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 877.

Considered under suspension of the rules.

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

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

4:52 P.M. -
The Speaker laid before the House a message from the President transmitting a notification of the continuance of the national emergency with respect to the proliferation of weapons of mass destruction - referred to the Committee on Foreign Affairs and ordered to be printed (H. Doc. 111-75).

4:51 P.M. -
The House received a communication from Honorable Pete Stark. Pursuant to Rule VIII of the Rules of the House of Representatives, Mr. Stark notified the House that he had been served with a subpoena for testimony and production of documents issued by the Superior Court of California, County of Yolo, and that after consultation with the Office of General Counsel, he had determined that compliance with the subpoena was inconsistent with the precedents and priliges of the House.

H.R. 2868:
to amend the Homeland Security Act of 2002 to extend, modify, and recodify the authority of the Secretary of Homeland Security to enhance security and protect against acts of terrorism against chemical facilities, and for other purposes

4:50 P.M. -
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. 2868.

The title of the measure was amended. Agreed to without objection.

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

On passage Passed by recorded vote: 230 - 193 (Roll no. 875).

4:43 P.M. -
On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 874).

4:26 P.M. -
The previous question on the motion to recommit with instructions was ordered without objection.

4:15 P.M. -
DEBATE - The House proceeded with 10 minutes of debate on the Dent motion to recommit with instructions. The instructions contained in the motion seek to insert a new paragraph which states that in implementing methods to reduce consequences of a terrorist attact on a chemical facility, such implementation must not significantly or demonstrably reduce the operations of the covered chemical facility or result in any net reduction in private sector employment when national unemployment is above 4 percent.

4:14 P.M. -
Mr. Dent moved to recommit with instructions to Homeland Security.

4:13 P.M. -
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2868.

4:12 P.M. -
On agreeing to the McCaul amendment Failed by recorded vote: 196 - 232 (Roll no. 873).

4:05 P.M. -
On agreeing to the Dent amendment Failed by recorded vote: 193 - 236 (Roll no. 872).

3:58 P.M. -
On agreeing to the Dent amendment Failed by recorded vote: 186 - 241 (Roll no. 871).

3:51 P.M. -
On agreeing to the Barton (TX) amendment Failed by recorded vote: 165 - 262 (Roll no. 870).

3:44 P.M. -
On agreeing to the Thompson (MS) amendment Agreed to by recorded vote: 253 - 168 (Roll no. 869).

3:18 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.

3:17 P.M. -
On agreeing to the Foster amendment Agreed to by voice vote.

3:11 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Foster amendment.

Amendment offered by Mr. Foster.

An amendment numbered 10 printed in Part B of House Report 111-327 to direct the Secretary to establish appropriate protocols and security procedures for covered chemical facilities that are also Universities and Academic labs, separate from commercial chemical facilities.

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

3:04 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Halvorson amendment.

3:03 P.M. -
Amendment offered by Mrs. Halvorson.
An amendment numbered 9 printed in Part B of House Report 111-327 to permit the Secretary to provide guidance, tools, methodologies, or software to assist small covered chemical facilities in complying with the security requirements.

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

2:50 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the McCaul amendment.

Amendment offered by Mr. McCaul.

An amendment numbered 8 printed in Part B of House Report 111-327 to strike the citizen enforcement section of the bill.

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

2:43 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.

Amendment offered by Mr. Schrader.

An amendment numbered 7 printed in Part B of House Report 111-327 to require DHS to conduct a study on the scope and potential impacts of the provisions that require the use of safer processes or chemicals on manufacturers or retailers of pesticide or fertilizer.

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

2:38 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.

Amendment offered by Mr. Flake.

An amendment numbered 6 printed in Part B of House Report 111-327 to prevent earmarking in a new grant program established in the bill, and to clarify that Congress presumes that grants awarded through that program will be awarded on a competitive basis, and if they are not, require the Secretary to submit a report to Congress as to why not.

POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment number 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Dent demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

2:25 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment number 5.

Amendment offered by Mr. Dent.

An amendment numbered 5 printed in Part B of House Report 111-327 to strike section 2111, which requires assessments and implementation of methods to reduce the consequences of a terrorist attack.

2:24 P.M. -
POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment number 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Dent demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

2:11 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment number 4.

Amendment offered by Mr. Dent.

An amendment numbered 4 printed in Part B of House Report 111-327 to strike Title I, affecting chemical facilities, and replace it with an extension of the Department of Homeland Security's current regulatory authority under section 550(b) of the Department of Homeland Security Appropriations Act, 2007.

2:10 P.M. -
On agreeing to the Hastings (FL) amendment Agreed to by voice vote.

2:05 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment.

Amendment offered by Mr. Hastings (FL).

An amendment numbered 3 printed in Part B of House Report 111-327 to establish a point of contact within the Office of Chemical Facility Security responsible for interagency coordination. Would require the Secretary to liaise with State Emergency Response Commissions and Local Emergency Planning Committees to update emergency planning and training procedures.

2:04 P.M. -
POSTPONED PROCEEDINGS - At the conclusion of debate on the Barton (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Barton (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

1:51 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Barton (TX) amendment.

Amendment offered by Mr. Barton (TX).

An amendment numbered 2 printed Part B of House Report 111-327 to place provisions in the bill allowing the new Federal chemical facility regulations enacted by this bill to preempt state and local laws that "hinder, pose obstacles to, or frustrate the purpose of the federal program".

1:49 P.M. -
POSTPONED PROCEEDINGS - At the conclusion of debate on the Thompson (MS) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Barton (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

1:37 P.M. -
DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Thompson (MS) amendment.

Amendment offered by Mr. Thompson (MS).

An amendment numbered 1 printed in Part B of House Report 111-327 to amend the Amendment in the Nature of a Substitute for H.R. 2868 to make a number of technical corrections and fix typos and verbiage issues.

1:35 P.M. -
The House resolved into Committee of the Whole House on the state of the Union for further consideration.

1:34 P.M. -
Considered as unfinished business.

S. 1211:
to designate the facility of the United States Postal Service located at 60 School Street, Orchard Park, New York, as the "Jack F. Kemp Post Office Building"

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

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 408 - 0 (Roll no. 868).

1:26 P.M. -
Considered as unfinished business.

H.R. 3788:
to designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the "Corporal Joseph A. Tomci Post Office Building"

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

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 415 - 1 (Roll no. 867).

1:16 P.M. -
Considered as unfinished business.

1:15 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.

ADJUSTMENT OF THE WHOLE NUMBER OF THE HOUSE - Under clause 5(d) of rule 20, the Chair announced to the House that, in light of the administration of the oath to the gentleman from New York, the whole number of the House is 435.

1:07 P.M. -
OATH OF OFFICE - Representative-Elect William L. Owens, Twenty Third District, State of New York, presented himself in the well of the House for the purpose of taking the Oath of Office which was administered by the Speaker of the House.

1:06 P.M. -
The House received a message from the Clerk. The Clerk transmitted to the House a letter received from Mr. Todd D. Valentine and Mr. Robert A. Brehm, Co-Executive Directors of the new York State Board of Elections, indicating that, according to the unofficial returns of the Special Election held November 3, 2009, the Honorable William L. Owens was elected Representatives to Congress for the Twenty-Third Congressional District, State of New York.

H. Res. 893:
congratulating the 2009 Major League Baseball World Series Champions, the New York Yankees

1:05 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): 386 - 17, 11 Present (Roll no. 866).

12:57 P.M. -
Considered as unfinished business.

H. Con. Res. 210:
providing for an adjournment or recess of the two Houses

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

On agreeing to the resolution Agreed to by the Yeas and Nays: 235 - 179 (Roll no. 865).

12:29 P.M. -
Considered as privileged matter.

H. Res. 895:
honoring the lives of the brave soldiers and civilians of the United States Army who died or were wounded in the tragic attack of November 5, 2009 at Fort Hood, Texas

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.

11:43 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 895.

Considered under suspension of the rules.

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

H. Res. 700:
expressing support for designation of the week beginning on November 9, 2009, as National School Psychology Week

11:42 A.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Loebsack 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.

11:37 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 700.

Considered under suspension of the rules.

Mr. Loebsack moved to suspend the rules and agree to the resolution, as amended.

H.R. 1299:
to make technical corrections to the laws affecting certain administrative authorities of the United States Capitol Police, and for other purposes

11:36 A.M. -
House agreed to Senate amendment with an amendment pursuant to H.Res. 896.

H. Res. 896:
providing for the concurrence by the House in the Senate amendment to H.R. 1299, with an amendment

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.

11:09 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 896.

Considered under suspension of the rules.

11:08 A.M. -
Mrs. Davis (CA) moved to suspend the rules and agree to the resolution.

H.R. 1845:
to amend the Small Business Act to modernize Small Business Development Centers, and for other purposes

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Velazquez 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.

10:40 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H.R. 1845.

Considered under suspension of the rules.

Ms. Velazquez moved to suspend the rules and pass the bill, as amended.

H.R. 3743:
to amend the Small Business Act to improve the disaster relief programs of the Small Business Administration, and for other purposes

10:39 A.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 voice vote.

10:30 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H.R. 3743.

Considered under suspension of the rules.

Ms. Velazquez moved to suspend the rules and pass the bill, as amended.

H.R. 1838:
to amend the Small Business Act to modify certain provisions relating to women's business centers, and for other purposes

10:29 A.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Velazquez 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.

10:16 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H.R. 1838.

Considered under suspension of the rules.

Ms. Velazquez moved to suspend the rules and pass the bill, as amended.

H.R. 3737:
to amend the Small Business Act to improve the Microloan Program, and for other purposes

10:15 A.M. -
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Velazquez 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.

9:58 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H.R. 3737.

Considered under suspension of the rules.

Ms. Velazquez moved to suspend the rules and pass the bill, as amended.

H. Res. 893:
congratulating the 2009 Major League Baseball World Series Champions, the New York Yankees

9:57 A.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.

9:15 A.M. -
DEBATE - The House proceeded with forty minutes of debate on H. Res. 893.

Considered under suspension of the rules.

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

9:14 A.M. -
The Speaker announced that votes on suspensions, if ordered, will be postponed until later in the legislative day.

9:02 A.M. -
ONE MINUTE SPEECHES - The House proceeded with one minute speeches, which by direction of the Chair would be limited to 5 per side of the aisle.

9:01 A.M. -
PLEDGE OF ALLEGIANCE - The Chair designated Mr. Perlmutter 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 the House Chaplain, Rev. Daniel Coughlin.

9:00 A.M. -
The House convened, starting a new legislative day.


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