[Congressional Record Volume 155, Number 165 (Friday, November 6, 2009)]
[Daily Digest]
[Pages D1303-D1305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D1303]]




                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 24 public bills, H.R. 4037-
4060; and 10 resolutions, H. Con. Res. 210-211; and H. Res. 895-902 
were introduced.                                        
  Pages H12586-88
Additional Cosponsors:                                  
  Pages H12588-89
Report Filed: A report was filed today as follows:
  H. Res. 903, providing for consideration of the bill (H.R. 3962) to 
provide affordable, quality health care for all Americans and reduce 
the growth in health care spending (H. Rept. 111-330).      
Page H12586
Suspensions: The House agreed to suspend the rules and pass the 
following measures:
  Congratulating the 2009 Major League Baseball World Series Champions, 
the New York Yankees: H. Res. 893, to congratulate the 2009 Major 
League Baseball World Series Champions, the New York Yankees, by a \2/
3\ yea-and-nay vote of 386 yeas to 17 nays with 11 voting ``present,'' 
Roll No. 866;                                 
  Pages H12461-62 H12494-96
  Small Business Disaster Readiness and Reform Act of 2009: H.R. 3743, 
amended, to amend the Small Business Act to improve the disaster relief 
programs of the Small Business Administration; and      
  Pages H12471-73
  Providing for the concurrence by the House in the Senate amendment to 
H.R. 1299, with an amendment: H. Res. 896, to provide for the 
concurrence by the House in the Senate amendment to H.R. 1299, with an 
amendment.                                              
  Pages H12477-87
Suspensions--Proceedings Postponed: The House debated the following 
measures under suspension of the rules. Further proceedings were 
postponed:
  Small Business Microlending Expansion Act of 2009: H.R. 3737, 
amended, to amend the Small Business Act to improve the Microloan 
Program;                                                
  Pages H12466-69
  Amending the Small Business Act to modify certain provisions relating 
to women's business centers: H.R. 1838, amended, to amend the Small 
Business Act to modify certain provisions relating to women's business 
centers;                                                
  Pages H12469-71
  Small Business Development Centers Modernization Act of 2009: H.R. 
1845, amended, to amend the Small Business Act to modernize Small 
Business Development Centers;                           
  Pages H12473-77
  Expressing support for designation of the week beginning on November 
9, 2009, as National School Psychology Week: H. Res. 700, amended, to 
express support for designation of the week beginning on November 9, 
2009, as National School Psychology Week;               
  Pages H12487-88
  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: H. Res. 895, to honor 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; 
                                                        Pages H12488-93
  Expressing support for Chinese human rights activists Huang Qi and 
Tan Zuoren: H. Res. 877, to express 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;       
  Pages H12535-40
  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: H. Res. 892, to recognize 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;                 
  Pages H12540-44
  Honoring the 60th anniversary of the establishment of diplomatic 
relations between the United States and the Hashemite Kingdom of Jordan 
and the 10th anniversary of the accession to the throne of His Majesty 
King Abdullah II Ibn Al Hussein: H. Res. 833, amended, to honor the 
60th anniversary of the establishment of diplomatic relations between 
the United States and the Hashemite Kingdom of Jordan and the 10th 
anniversary of the accession to the throne of His Majesty King Abdullah 
II Ibn Al Hussein; and                                  
  Pages H12544-46
  Recognizing the 30th anniversary of the Iranian hostage crisis: H. 
Con. Res. 209, to recognize 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.    
  Pages H12546-49
Adjournment Resolution: The House agreed to H. Con. Res. 210, providing 
for a conditional adjournment of the House of Representatives and a 
conditional recess or adjournment of the Senate, by a yea-and-nay vote 
of 235 yeas to 179 nays, Roll No. 865.                  
  Pages H12493-94

[[Page D1304]]

Oath of Office--Twenty-Third Congressional District of New York: 
Representative-elect William L. Owens presented himself in the well of 
the House and was administered the Oath of Office by the Speaker. 
Earlier, the Clerk of the House transmitted a facsimile copy of a 
letter 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 
Representative to Congress for the Twenty-Third Congressional District, 
State of New York.                                      
  Pages H12495-96
Whole Number of the House: The Speaker announced to the House that, in 
light of the administration of the oath to the gentleman from New York, 
Mr. Owens, the whole number of the House is adjusted to 435. 
                                                            Page H12496
Moment of Silence: The House observed a moment of silence in honor of 
the victims of the violence in Orlando, Florida today, November 6, 
2009.                                                       
  Page H12497
Suspensions--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measures which were debated on Thursday, 
November 5th:
  Corporal Joseph A. Tomci Post Office Building Designation Act: 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'', by a \2/3\ yea-and-nay vote of 415 yeas 
to 1 nay, Roll No. 867 and                                  
  Page H12496
  Jack F. Kemp Post Office Building Designation Act: 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'', by a \2/3\ yea-and-nay vote of 408 yeas with none 
voting ``nay'', Roll No. 868.                           
  Pages H12497-98
Chemical Facility Anti-Terrorism Act of 2009: The House passed 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, by a recorded vote of 230 ayes to 193 noes, Roll No. 875. 
Consideration of the measure began on Thursday, November 5th. 
                                                    Pages H12498-H12535
  Rejected the Dent motion to recommit the bill to the Committee on 
Homeland Security with instructions to report the same back to the 
House forthwith with amendments, by a recorded vote of 189 ayes to 236 
noes, Roll No. 874;                                     
Pages H12533-34
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in part A of H. Rept. 111-327 shall be considered as an 
original bill for the purpose of amendment under the 5-minute rule, in 
lieu of the amendments in the nature of a substitute recommended by the 
Committees on Homeland Security and Energy and Commerce now printed in 
the bill.                                                   
Page H12498
  Agreed to amend the title so as to read: ``To amend the Homeland 
Security Act of 2002 to enhance security and protect against acts of 
terrorism against chemical facilities, to amend the Safe Drinking Water 
Act to enhance the security of public water systems, and to amend the 
Federal Water Pollution Control Act to enhance the security of 
wastewater treatment works, and for other purposes.''.      
Page H12535
Agreed to:
  Hastings (FL) amendment (No. 3 printed in H. Rept. 111-327) that 
establishes a point of contact within the Office of Chemical Facility 
Security responsible for interagency coordination. Requires the 
Secretary to liaise with State Emergency Response Commissions and Local 
Emergency Planning Committees to update emergency planning and training 
procedures;                                             
Pages H12519-20
  Flake amendment (No. 6 printed in H. Rept. 111-327) that prevents 
earmarking in a new grant program established in the bill, and 
clarifies that Congress presumes that grants awarded through that 
program will be awarded on a competitive basis, and if they are not, 
requires the Secretary to submit a report to Congress as to why not; 
                                                        Pages H12524-25
  Schrader amendment (No. 7 printed in H. Rept. 111-327) that requires 
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;      
Page H12525
  Halvorson amendment (No. 9 printed in H. Rept. 111-327) that permits 
the Secretary to provide guidance, tools, methodologies, or software to 
assist small covered chemical facilities in complying with the security 
requirements;                                           
Pages H12527-28
  Foster amendment (No. 10 printed in H. Rept. 111-327) that directs 
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; and 
                                                        Pages H12528-29
  Thompson (MS) manager's amendment (No. 1 printed in H. Rept. 111-327) 
that makes a number of technical corrections and fixes typos and 
verbiage

[[Page D1305]]

issues (by a recorded vote of 253 ayes to 168 noes, Roll No. 869). 
                                             Pages H12515-17, H12529-30
Rejected:
  Barton (TX) amendment (No. 2 printed in H. Rept. 111-327) that sought 
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'' (by a recorded vote of 165 ayes to 262 noes, Roll No. 
870);                                           
Pages H12517-19, H12530
  Dent amendment (No. 4 printed in H. Rept. 111-327) that sought 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 (by a recorded vote of 186 ayes to 241 noes, 
Roll No. 871);                               
Pages H12520-22, H12530-31
  Dent amendment (No. 5 printed in H. Rept. 111-327) that sought to 
strike section 2111, which requires assessments and implementation of 
methods to reduce the consequences of a terrorist attack (by a recorded 
vote of 193 ayes to 236 noes, Roll No. 872); and 
                                             Pages H12522-24, H12531-32
  McCaul amendment (No. 8 printed in H. Rept. 111-327) that sought to 
strike the citizen enforcement section of the bill (by a recorded vote 
of 196 ayes to 232 noes, Roll No. 873).         
Pages H12526-27, H12532
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.                
Page H12535
  H. Res. 885, the rule providing for consideration of the bill, was 
agreed to on Thursday, November 5th.
Presidential Message: Read a message from the President wherein he 
notified Congress that the national emergency with respect to the 
proliferation of weapons of mass destruction that was declared in 
Executive Order 12938, as amended, is to continue in effect for 1 year 
beyond November 14, 2009--referred to the Committee on Foreign Affairs 
and ordered printed (H. Doc. 111-75).                       
  Page H12535
Quorum Calls--Votes: Four yea-and-nay votes and seven recorded votes 
developed during the proceedings of today and appear on pages H12494, 
H12494-95, H12496-97, H12497-98, H12429-30, H12530, H12530-31, H12531-
32, H12532, H12534 and H12534-35. There were no quorum calls.
Adjournment: The House met at 9 a.m. and adjourned at 2:26 a.m.