the presiding officer: without objection. mr. leahy: i ask unanimous consent the period for debate on h.r. 1249 be steppedded to 6:30 p.m. and at 6:30 p.m. the majority leader be recognized. the presiding officer: is there objection? without objection. mr. leahy: mr. president, i've worked at efforts to prevent the diversion collected by -- fees collected by the u.s. patent and trademark issues. when the distinguished senator

from oklahoma worked on took over, during the judiciary committee's consideration of the bill and i'd work to include improvements on the floor. i did. i kept my word. i included language he drafted in the manager's amendment, and worked hard despite the misgivings of senators on both sides of the aisle. however when i went over to the house of representatives they preserved the principle against diversion but changed the language. the language of the bill is that which the house voted to include, as worked out by the plus republican leadership to satisfy house rules. the provision senator coburn had drafted -- and i understand may offer again -- with his amendment, apparently violates house rule 21 which prohibits authorizing legislation from converting discretionary spending into mandatory spending. so instead of a revolving fund

the house established a reserve fund. the america invents act as passed by the house continues to make important improvements to make sure fees collected by the patent and trademark office have been used for uspto activities. that office fee funded and does not rely on taxpayer dollars but has continued to be subject to annual appropriations bills. that is a greater opportunity for oversight. the legislation that passed the senate in march would have taken the patent and trademark office out of the appropriation process by setting up a revolving fund to allow the p.t.o. to spend all money it collects without appropriation legislation or congressional oversight. instead of a revolving fund the house formulation against fee diversion establishes a separate account for the funds and directs it be used for u.s.

patent and trademark office. the house forged a compromise with its appropriators to reduce any incentive to divert fees to the p.t.o., to provide the p.t.o. with access to all fees that it collective bargaining agreements. while keeping the p.t.o. within the normal appropriations process, the oversight with the oversight that process includes. the america invents act creates a new patent and trademark fee reserve fund 30 into which all fees collected in in a fiscal year are to be deposited. fees in the reserve fund may only be used for the operation of the p.t.o. in effect, they're doing what we've asked, but it's staying within the house rules. in fact, in addition the house appropriators agreed to carry language in the appropriations bills that would guarantee that fees collected by the p.t.o. in excess of the appropriated amounts would remain available to the p.t.o. until expended and

could be actioned through reram -- accessed through prere-programming without the need for subsequent legislation. this may sound kind of convoluted but a number of people including senator coburn wanted to do is make sure the fees went to the p.t.o. i happen to agree with that. what the house did has the effect of making sure the fees go to the p.t.o. what i would hope we not do now is try to offer amendments that may change that and in effect kill -- kill the bill. the creation of the reserve fund as well as the commitment by house appropriators, h.r. 1249 makes important improvements in ensuring that fee -- user fees collected by the p.t.o. for services used by the p.t.o. for those services. so while i oppose fee diversion, i also oppose the

coburn amendment and i'll tell you why. after six years of work to get this bill here, this may kill the bill over a formality. the difference between a revolving fund and a reserve fund. it would be hard pressed to know what the difference is except it would kill the bill. it would require the house to reconsider the whole bill again. they spend days and weeks in heavy debate working out their compromise in good faith, and it was worked out by the house republican leadership. there's no reason to think that having done that they're going to reconsider and allow the original coburn language to violate the rules of oversight. in fact, i ask that a letter from congressman rogers, congressman rogers and ryan to chairman smith be included in the record at this point.

the presiding officer: without objection. mr. leahy: i know the members of the senate appropriations committee. i know them. i trust senator inouye. someone awarded the commercial medal of honor -- the congressional medal of honor for bravery in world war ii. i trust the senior senator from mississippi and the senior senator from alabama with whom i've served for many years. they'll follow the law. they'll abide by this agreement. so i was disturbed to read a comment this amendment is being brought forward out of distrust of these senators. these are senators i've served with for decades. they can and should be trusted. we shouldn't kill this bill over this amendment. we simply should reject the amendment and pass the bill. mr. president, i suggest the absence of a quorum.

the presiding officer: the clerk will call the roll. quorum call: consent

that -- unanimous consent that the call, the quorum call be dispensed with. the presiding officer: without objection. mr. reid: i now ask unanimous consent that on thursday, september 8, when the senate resume consideration of the america invents act, the following amendments be the only first-degree amendments in order: coburn number 599, sessions 600, cantwell 595, that there be five hours of debate on the amendments divided in the following manner. 75 minutes for coburn, one hour for senator sessions, 45 minutes for senator cantwell or her designee. one hour for senator grassley or designee and one hour for senator leahy or designee.

upon use or yielding back of time the senate proceed to votes in the following order. sessions 600, cantwell 595, coburn 599, no other amendments or points of order prior to the votes. prior to disposition of the amendments the senate proceed to vote on passage of the bill if amended. the presiding officer: without objection. mr. reid: with this agreement there will be up to four roll call votes tomorrow afternoon beginning at about 4:00 p.m. senators should also expect an additional vote tomorrow evening following the president's speech to want joint session. this will be on a motion to proceed to s.j. res. 25, a joint resolution of disapproval of the president's exercised authority to increase the debt limit. if we proceed to the debt limit, that is s.j. res. 25, that means we'll be in session for a long time on friday, enough to dispose of that. if we do not move -- if the

motion to proceed is not made successfully, then we would finish that matter, be able to finish the week's business, at least as far as the votes. friday we have other stuff we need to do, filing different motions and things. the general body wouldn't have to worry about that. mr. president, i ask unanimous consent that when the senate completes its business today it adjourn until tomorrow morning 9:30 p.m., that's september 8. following the prayer and pledge, the journal of proceedings be approved to date, the morning hour deemed expired, the time for the two leaders be conserved for use -- reserved for use later in the day. i have a few other things, if you'll withhold any consent agreement on that. mr. president, i ask consent that the senate proceed to consideration of h. con. res. 74. the presiding officer: the clerk will report. the clerk: h. con. res. 74, concurrent resolution providing for a joint session of congress to receive a message from the president. the presiding officer: is

there objection to proceeding? without objection. mr. reid: i ask unanimous consent the resolution be agreed to, the motion to reconsider be laid on the table, there be no intervening action or debate, that any related statements be placed in the record as if read. the presiding officer: without objection. mr. reid: i ask consent the judiciary committee be discharged from s.j. res. 219. the clerk: senate resolution designating september 2010 as national seal yak awareness day. the presiding officer: is there objection to proceeding? the presiding officer: without objection the committee is discharged. mr. reid: i ask unanimous consent the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid on the table, there be no intervening action or debate. and if there are statements, they be printed in the record as if read. the presiding officer: without objection. mr. reid: i ask unanimous consent that we now proceed to s. res 258. the presiding officer: the clerk will report. the clerk: senate resolution 258, supporting the designation of a national adult education and family literacy week. the presiding officer: is

there objection? without objection, so ordered. mr. reid: i ask unanimous consent the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid on the table, there be no intervening action or debate, if there are any statements relating to this matter they appear in the record as if read. the presiding officer: without objection. mr. reid: i understand there is a joint resolution at the desk and due for first reading. mr. reid: the clerk will read the title of the joint resolution for the first time. the clerk: s.j. res. 26, joint resolution expressing the sense of congress that secretary of the treasury timothy geithner no longer holds the confidence of congress or of the people of the united states. mr. reid: i ask that now for second reading, and i do that only to place this joint resolution on the calendar. that's by virtue of rule 14. i object to my own request. the presiding officer: objection is heard. the joint resolution will receive its