HOUSE of REPRESENTATIVES—Friday, June 12, 2009

14900 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 HOUSE OF REPRESENTATIVES—Friday, June 12, 2009

The House met at 9 a.m. and was FUNDING FOR STATE CRIMINAL HELPING AMERICANS ACQUIRE called to order by the Speaker pro tem- ALIEN ASSISTANCE PROGRAM AND RETAIN HEALTH INSURANCE pore (Mr. ALTMIRE). (Mr. MITCHELL asked and was given (Mr. PALLONE asked and was given f permission to address the House for 1 permission to address the House for 1 DESIGNATION OF THE SPEAKER minute.) minute.) Mr. MITCHELL. Mr. Speaker, I rise PRO TEMPORE Mr. PALLONE. Mr. Speaker, the today to protest the 25 percent cut pro- House in the next few weeks is about to The SPEAKER pro tempore laid be- posed this week to the State Criminal unveil a health reform plan that will fore the House the following commu- Alien Assistance Program, otherwise seek to cover all Americans, reduce nication from the Speaker: known as SCAAP. SCAAP reimburses costs and basically improve the quality WASHINGTON, DC, States and localities for the arrest, in- of our health care system. When I talk June 12, 2009. carceration and transportation of un- to my constituents, they tell me how it I hereby appoint the Honorable JASON ALT- documented immigrants who commit is increasingly difficult for them to MIRE to act as Speaker pro tempore on this crimes in our communities. When find affordable health insurance either day. State and local governments are forced NANCY PELOSI, because their employer will not pro- Speaker of the House of Representatives. to step in and do the Federal Govern- vide it or they go on the individual ment’s job, it is only fair that they be f market, and it’s simply too expensive. reimbursed. The current system is simply PRAYER Last year, the Arizona Department of unsustainable. We want people to be Corrections received $12.8 million from The Chaplain, the Reverend Daniel P. able to keep their health insurance if the Federal Government to house up to Coughlin, offered the following prayer: they like it and if they can afford it, 5,600 criminal illegal immigrants in Lord of the Sabbath, ever attentive but we must provide alternatives for State prisons, only 10 percent of what to our prayers, may this weekend pro- people that can’t find health insurance Arizona spent to house illegal inmates vide the Members of Congress, their or find it increasingly difficult to af- that year. This cut is wrong, and as families and their friends the joy of ford the health insurance that they this legislation moves to the floor next Your presence in their midst. May they want. I think this is a real priority for week, I urge my colleagues to help me find the respite they need for both the American people, and it will be a fight this cut. their bodies and their souls. If we are serious about immigration priority for this Congress because we So renewed in energy and spirit, may enforcement, we must restore SCAAP understand that the average American they safely return to serve You and the funding and reimburse Arizona for increasingly sees health insurance as people of their districts with greater keeping criminal alien immigrants bean economic issue, something that’s vigor and determination. Then blessed hind bars. making it increasingly difficult for by You, may they accomplish great them to get through the day if they f deeds for this Nation, calling upon can’t find an affordable plan. So I’m Your Holy Name, both now and forever. CONCERNS ABOUT CAP-AND-TRADE looking forward to this. I think it’s Amen. (Mr. CHAFFETZ asked and was given going to be a major achievement for f permission to address the House for 1 this Congress. minute and to revise and extend his re- f THE JOURNAL marks.) The SPEAKER pro tempore. The Mr. CHAFFETZ. Mr. Speaker, I rise HEALTH CARE RATIONING COULD Chair has examined the Journal of the with deep concern about the so-called RESULT IN DEATH PENALTY IN last day’s proceedings and announces cap-and-trade. If the Democrats and THE UNITED KINGDOM to the House his approval thereof. President Obama get their way, we will Pursuant to clause 1, rule I, the Jour- have one of the single largest tax in- (Mr. POE of Texas asked and was nal stands approved. creases in the history of the United given permission to address the House for 1 minute.) f States imposed upon the American people at a time when we are struggling Mr. POE of Texas. Mr. Speaker, do PLEDGE OF ALLEGIANCE for jobs. We need to remember in this we really want to nationalize health The SPEAKER pro tempore. Will the country that manufacturing is good. It care and let it be run by the govern- gentleman from Texas (Mr. POE) come is good. ment? Well, here’s what’s going on in forward and lead the House in the Now the administration will tell you England with their nationalized sys- Pledge of Allegiance. that rebates will come for those that tem. Recently, a British medical ethics Mr. POE of Texas led the Pledge of are in the middle class, but the bill expert proclaimed that people who suf- Allegiance as follows: cuts off assistance for families making fer from dementia have a patriotic I pledge allegiance to the Flag of the more than $42,000 or individuals mak- duty to die. Baroness Warnock, the United States of America, and to the Repub- ing as little as $23,000. The Congres- government medical adviser, says that lic for which it stands, one nation under God, sional Budget Office expects major in- ‘‘the care dementia requires is very ex- indivisible, with liberty and justice for all. creases in bureaucracy, adding some pensive and drains the government re- f $800 million in administration costs an- sources for health care.’’ This govern- nually for just the first 10 years. ment decision-maker says that people ANNOUNCEMENT BY THE SPEAKER Let us remember that the cap-and- will ‘‘soon be licensed to put others PRO TEMPORE trade is one of the largest tax increases down if they are unable to look after The SPEAKER pro tempore. The in the history of the United States, themselves.’’ She goes on, ‘‘If you’re Chair will entertain up to five requests this despite the President’s promise demented, you’re wasting people’s for 1-minute speeches on each side of that 95 percent of Americans would not lives, your family’s lives, and you’re the aisle. see one dime in new taxes. wasting government resources.’’

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14901 Mr. Speaker, when the government should pull out their card with the Mi- How must Congress look in the eyes of controls health care, it’s expensive, in- randa warnings to make sure that if those that we have sent to fight on our efficient and ultimately provides poor the person they’re encountering is cap- behalf? This body should not attempt care. In Britain, it results in the gov- tured, they have to give them those to tie troop funding to controversial ernment’s rationing of services. The rights? How about preserving the crime programs. Furthermore, we must re- government picks winners and losers in scene? This is nonsense. frain from the temptation to squander the United Kingdom, and the govern- f limited funds on objectives unrelated ment picks who lives and who dies. to the combat efforts in Afghanistan RENEWABLE ENERGY WILL HELP That doesn’t seem to be a healthy solu- and Iraq. How do we claim to be re- THE ECONOMIC RECOVERY tion for health care. sponsible stewards of the taxpayers’ And that’s just the way it is. (Mr. POLIS asked and was given per- money when Congress can’t pass an f mission to address the House for 1 emergency supplemental for our com- minute.) bat forces without loading it up like a INTRODUCING THE RECIDIVISM Mr. POLIS. Mr. Speaker, I rise today Christmas tree? REDUCTION ACT in support of the American Clean En- f (Mr. CARSON of Indiana asked and ergy and Security Act of 2009. I had the was given permission to address the opportunity to visit a factory 2 weeks NATIONAL ENERGY TAX House for 1 minute.) ago in my district. They’re hiring 400 (Ms. FOXX asked and was given per- Mr. CARSON of Indiana. Mr. Speak- people to make solar panels. They’re mission to address the House for 1 er, yesterday I introduced the Recidi- exporting some of those solar panels to minute.) vism Reduction Act, a bill that will China. When we talk about an eco- Ms. FOXX. Mr. Speaker, the Demo- quickly restore Federal disability and nomic recovery and getting our econ- crats’ climate change ‘‘compromise’’ health benefits to eligible individuals omy going, renewable energy is going bill passed by the Energy and Com- after they are released from incarcer- to be one of the most important growth merce Committee is still a job killer ation. sectors to do that. that will hit every American with a na- As a former law enforcement officer, The American Clean Energy and Se- tional energy tax. This plan will have a I have seen firsthand how critical these curity Act will save families money. A devastating impact on the price at the benefits can be to successful reentry new study shows that the average fam- pump and utility bills across the coun- into the community. Currently, how- ily will save $750 a year within 10 years try. One estimate for a similar pro- ever, these benefits are regularly sus- on their power bills monthly and al- posal found that families would pay pended or terminated upon incarcer- most $4,000 over 20 years. The incen- more than $3,100 a year in extra energy ation and take considerable time to be tives and help that this bill puts in costs. reinstated after an individual is re- place to help families conserve energy Representative JOHN DINGELL said it leased. Without the health coverage and reduce their energy needs in their best: ‘‘Nobody in this country realizes they so desperately need, many newly own home will not only improve our that cap-and-trade is a tax, and it’s a released individuals cannot fully focus national security by ending our reli- great big one.’’ Even the President ad- on securing gainful employment and ance on foreign oil, will not only admitted that his energy plan would developing a supportive home life. My dress global warming and climate cause energy prices to ‘‘necessarily colleagues should rest assured that this change but will also mean money back skyrocket’’ and that the costs will be legislation will not provide new bene- in the pockets of American families. passed on to consumers. Various esti- fits to recently released individuals. One of the most important things mates suggest anywhere between 1.8 Rather, it ensures that individuals re- that we can do to recover from this re- and 7 million American jobs could be ceive the timely benefits they need to cession and to grow good jobs for the lost. Manufacturing jobs will relocate begin breaking the cycle of recidivism. middle class and for the American peo- to countries with less stringent envi- Join me, please, in supporting the ple is to ensure that we have continued ronmental regulations like China and Recidivism Reduction Act. growth in the renewable energy sector. India, inflicting greater harm on Amer- f This bill is critical. That is why hun- ican families and small businesses dreds of companies support this bill. MIRANDA RIGHTS ON THE while doing even greater damage to the BATTLEFIELD f environment. ATTACHING IRRELEVANT SPEND- The American people know we can do (Mr. DANIEL E. LUNGREN of Cali- better. Republicans also support a fornia asked and was given permission ING TO THE IRAQ AND AFGHANI- STAN SUPPLEMENTAL clean environment and have a com- to address the House for 1 minute and prehensive energy solution that lessens to revise and extend his remarks.) (Mr. WITTMAN asked and was given our dependence on foreign oil and leads Mr. DANIEL E. LUNGREN of Cali- permission to address the House for 1 us to a stronger economy. fornia. Mr. Speaker, ‘‘You have the minute and to revise and extend his re- f right to remain silent. Anything you marks.) say may be used against you. You have Mr. WITTMAN. Mr. Speaker, the cur- REMOVAL OF NAMES OF MEM- the right to an attorney.’’ Those are rent debate over the Iraq and Afghani- BERS AS COSPONSORS OF H.R. things that are said when arresting of- stan supplemental is a perfect example 2300 ficers make an arrest in the United of what frustrates Americans about Mr. BISHOP of Utah. Mr. Speaker, I States. But now we understand that Washington. The folks in my district ask unanimous consent to have all the under the Obama administration, we and across the country want Congress cosponsors on H.R. 2300 withdrawn. now have something known as the con- to pass a clean funding bill for the The names of the cosponsors are as fol- cept of global justice in which we are troops, plain and simple. They cer- lows: now giving Miranda warnings to those tainly don’t want us playing politics Mr. Akin that we have found on the battlefield with a bill to fund men and women cur- Mr. Alexander whose only connection to the United rently in harm’s way. Yet that is ex- Mrs. Bachmann States is that they wish to kill Ameri- actly what some in Congress are trying Mr. Bonner cans. to do, using the oldest trick in the Mr. Boozman Isn’t that nonsensical? What are we book by attaching billions of dollars in Mr. Boustany Mr. Brady of Texas going to do now? Are we going to train barely relevant spending to an emer- Mr. Broun of Georgia our enlisted men and women in the gency war funding bill. But it’s not Mr. Brown of South Carolina Armed Forces that when they’re on the just the American people that we’re Mr. Burton battlefield, instead of shooting, they frustrating with these political games. Mr. Carter

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14902 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Mr. Cassidy for other purposes, with the Senate amend- combined. Approximately 8.6 million Mr. Chaffetz ment thereto, and to consider in the House, Americans also suffer from chronic ill- Mr. Coffman without intervention of any point of order nesses that are related to smoking. Mr. Conaway except those arising under clause 10 of rule And yet every day, more than 3,500 Mr. Culberson XXI, a motion offered by the chair of the youth try a cigarette for the first time Mrs. Fallin Committee on Energy and Commerce or his Mr. Fleming designee that the House concur in the Senate and another 1,000 will become new, reg- Mrs. Foxx amendment. The Senate amendment shall be ular, daily smokers. One-third of these Mr. Franks considered as read. The motion shall be de- youth will eventually die prematurely Mr. Gallegly batable for one hour equally divided and con- as a result. America’s youth face in- Mr. Gingrey trolled by the chair and ranking minority tense pressure every day from friends, Mr. Goodlatte member of the Committee on Energy and fancy advertisements, and irrespon- Mr. Harper Commerce. The previous question shall be sible adults to make bad decisions that Mr. Heller considered as ordered on the motion to its will affect their long-term health and Mr. Hensarling adoption without intervening motion. their families. Mr. Herger A 2006 study conducted by the Sub- Mr. Hoekstra b 0915 stance Abuse and Mental Health Serv- Mr. Hunter The SPEAKER pro tempore. The gen- Mrs. Jenkins ices Administration found that 90 per- Mr. Sam Johnson of Texas tleman from Colorado is recognized for cent of all adult smokers began while Mr. Jordan 1 hour. they were in their teens or earlier, and Mr. Lamborn Mr. POLIS. Mr. Speaker, for the pur- two-thirds of adult smokers became Mr. Latta poses of debate only, I yield the cus- regular daily smokers before they Mr. Lee of New York tomary 30 minutes to the gentlewoman reached the age of 19. A shocking num- Mr. Linder from North Carolina, Dr. FOXX. All ber of American children are at least Mr. Lucas time yielded during consideration of casual smokers before they can even Mrs. Lummis the rule is for debate only. Mr. Manzullo drive a car. Mr. Marchant GENERAL LEAVE As a cosponsor of the Family Smok- Mr. McCaul Mr. POLIS. Mr. Speaker, I ask that ing Prevention and Tobacco Control Mr. McCotter all Members have 5 legislative days in Act, I am strongly committed to seeing Mr. McHenry which to revise and extend their re- this figure drastically reduced, and this Mr. McKeon marks and insert extraneous material bill is an important step. Congress Mrs. Myrick into the RECORD. must work to help make our children’s Mr. Neugebauer lives safer and their daily choices easi- Mr. Pence The SPEAKER pro tempore. Is there objection to the request of the gen- er. Mr. Pitts The history of low tar cigarettes il- Mr. Poe tleman from Colorado? Mr. Price of Georgia There was no objection. lustrates the grave danger to public Mr. Radanovich Mr. POLIS. Mr. Speaker, I yield my- health caused by fooling consumers by Mr. Rehberg self such time as I may consume. making false and unsubstantiated Mr. Ryan of Wisconsin Mr. Speaker, House Resolution 532 claims that one kind of cigarette is Mr. Scalise provides for consideration of the Sen- substantially safer than another. Mr. Sessions Millions of Americans switched to ate amendment to H.R. 1256, the Fam- Mr. Simpson low tar cigarettes, believing they were ily Smoking Prevention and Tobacco Mr. Smith of Texas reducing their risk of lung cancer. Control Act. Mr. Souder Many were convinced to switch instead Mr. Sullivan Mr. Speaker, I rise in support of the of quit. It wasn’t until decades later Mr. Thompson of Pennsylvania rule, House Resolution 532, and the un- that we learned through the deaths of Mr. Thornberry derlying bill, the Family Smoking Pre- those smoking low tar cigarettes that Mr. Wamp vention and Tobacco Control Act. I Mr. Westmoreland low tar cigarettes were just as dan- thank Chairman WAXMAN and my col- Mr. Young of Alaska gerous as full tar cigarettes. leagues who serve on the Energy and Mr. Speaker, as you may recall dur- The SPEAKER pro tempore. Is there Commerce Committee for their leader- objection to the request of the gen- ing the last debate, I spoke of my fel- ship in this bipartisan effort. low Coloradan, David Hughes, who as a tleman from Utah? This legislation, which passed the There was no objection. teenager began smoking and then died House by a margin of more than three last year at the age of 52. I had the f to one last July and again passed the chance to speak to his widow. PROVIDING FOR CONSIDERATION House by a vote of 298–112 this past In 2002, after his first cancer diag- OF SENATE AMENDMENT TO H.R. April will finally give the U.S. Food nosis, throat cancer, he immediately 1256, FAMILY SMOKING PREVEN- and Drug Administration the authority quit smoking and became one of Colo- TION AND TOBACCO CONTROL to regulate the advertising, marketing rado’s fiercest anti-smoking advocates. ACT and manufacturing of tobacco prod- His optimism and strength never went ucts, and it will also allow them to unnoticed as he volunteered for Mr. POLIS. Mr. Speaker, by direction take additional critical steps to pro- Smoke-Free Loveland. His mission was of the Committee on Rules, I call up tect the public health. Putting a stop to prevent others from dying from can- House Resolution 532 and ask for its to the tobacco industry from designing cer due to smoking, prevent others immediate consideration. products that entice young people and from making mistakes, prevent others The Clerk read the resolution, as fol- developing programs to help adult from making the wrong choices that lows: smokers quit is the first step in preven- ultimately cost him his life. H. RES. 532 tion. David and so many others of our Resolved, That upon adoption of this reso- Tobacco is currently the number one friends, our brothers, our sisters, our lution it shall be in order to take from the cause of preventable death in America. cousins, our relatives personify the hu- Speaker’s table the bill (H.R. 1256) to protect It is responsible for about one in five manity of tobacco addiction, and this the public health by providing the Food and deaths annually, or 443,000 deaths per is why we must ensure that protections Drug Administration with certain authority year, according to the Centers for Dis- are put in place and this bill is passed to regulate tobacco products, to amend title 5, United States Code, to make certain modi- ease Control. Smoking-related deaths and sent to President Obama so that fications in the Thrift Savings Plan, the account for more deaths than AIDS, al- we can fulfill David’s mission and Civil Service Retirement System, and the cohol, cocaine, heroin, homicide, sui- honor the way that so many others Federal Employees’ Retirement System, and cide, motor vehicle crashes and fires have lived and died.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14903 Under this legislation, by empow- Mr. COBLE. Mr. Speaker, I thank the I want to take this opportunity to ering the FDA to regulate tobacco gentlelady from North Carolina for the thank Chairman WAXMAN for his many products, we will not have to wait until time. She and I share opposition to this years of hard work on this legislation. the deaths of millions of more Ameri- proposal. We would not be here today passing cans to learn whether a so-called safer I rise in continued opposition, Mr. this landmark bill without his and Sen- cigarette is really what it claims to be. Speaker, to the Family Smoking Pre- ator KENNEDY’s unwavering commit- The bottom line: we have an interest in vention and Tobacco Control Act. Dur- ment to have tobacco regulated and making sure our constituents know the ing my tenure in the Congress, I have their leadership. facts, all of them, before making po- consistently opposed granting the Food As a physician and Chair of the Con- tentially deadly choices. and Drug Administration the authority gressional Black Caucus Health Brain America must also be made aware of to regulate tobacco. I do so based upon Trust, as well as a parent and grand- the dramatic health risks associated my philosophical beliefs and the rami- parent, I give my full support to the with smokeless tobacco. Many still be- fications this legislation would have Family Smoking Prevention and To- lieve that chewing tobacco and snuff upon my congressional district and my bacco Control Act. are safe alternatives to smoking ciga- State. Today, tobacco is the leading cause rettes. It is my firm belief, Mr. Speaker, of preventable death in this country. It This bill will require warning labels that allowing the FDA to regulate to- accounts for nearly one in five deaths that indicate that smokeless tobacco bacco in any capacity would inevitably each year and kills more people than causes mouth and gum cancer, serious lead to FDA regulating the family AIDS, fires, cocaine, heroin, alcohol, oral diseases and tooth loss. farm. Of course, that is the potential. homicide, car accidents and suicide A study by Brown University reveals This could create uncertainty for fam- combined. It is a major public health that just a few weeks of chewing to- ily farmers at a time when they are al- issue and a key driver of the country’s bacco can develop leukoplakia of the ready struggling during the current high health care costs. cheeks and gums, which is the forma- economic downturn. This bill empowers States and com- tion of leathery patches of diseased tis- I have spoken to tobacco farmers in munities to prevent aggressive tobacco sue on those parts of the mouth. The my district, Mr. Speaker, and if this marketing that has the greatest nega- most shocking figure is that one in 20 matter is enacted, they see the door tive impact in the hardest hit commu- of these cases of leukoplakia develop ajar, and their fear is tobacco today, nities and among our most vulnerable. the family farm tomorrow. I don’t into oral cancer. It bans the additives used to manufac- The American Dental Association, think this is a knee-jerk reaction. I ture flavored cigarettes which are mar- who strongly supports this legislation, think it is realistic. keted to children. And while it does I also have concerns, Mr. Speaker, recalls tobacco use the number one cause not ban menthol immediately, it gives garding the negative impact the meas- of preventable disease in the United the FDA the authority to do so and ure would have upon tobacco manufac- States. It should be a no-brainer to re- turers and their employees, retailers, sets up a commission to make a rec- sponsibly regulate such a dangerous and wholesalers. Previously this Con- ommendation on this issue, so impor- product. gress has voted to implement a 62-cent tant to the African American commu- I also want to stress that the bill tobacco tax increase to fund children’s nity, within a year. Additionally, it fully funds FDA tobacco activity health insurance. Today we consider speeds up the development of smoking through user fees on tobacco product legislation that will create further cessation and nicotine replacement manufacturers. All tobacco product-re- hardship for the tobacco industry and therapies, which are key to helping lated FDA costs are allocated among consumers who use tobacco products. millions of Americans overcome nico- the manufacturers of cigarettes, ciga- I have said this countless times be- tine addiction. rette tobacco, and smokeless tobacco fore, Mr. Speaker, but I will reiterate So this bill will help save millions of products that are sold in the United it today: we are talking about a prod- lives, and in doing so, it will also jump- States based on the manufacturer’s re- uct that is lawfully grown, lawfully start and complement our efforts to spective share of the United States manufactured, lawfully marketed, law- improve health and save millions more market. fully advertised and lawfully con- lives through the broader health care The Congressional Budget Office esti- sumed. reform bill that will also soon be on mates if this bill is passed, we will re- Mr. Speaker, H.R. 1256 remains a mis- the President’s desk. duce youth smoking by 11 percent over guided piece of legislation. It does not I am pleased that we are taking this the next decade and adult smoking by achieve the goals identified by the pro- bold step necessary to finally address 2 percent, a small step in the right di- ponent of regulating tobacco content, this issue in a comprehensive and rection; but there is much more work marketing and advertising. Indeed, it thoughtful manner, a step that has not ahead of us. will further exacerbate an already- come easy nor one that has come with- Mr. Speaker, I reserve the balance of stretched FDA, negatively impact out controversy, but a step nonetheless my time. manufacturers and farmers and create worth taking. Ms. FOXX. Mr. Speaker, I appreciate a strain on Federal revenues to the na- I urge passage of the rule and H.R. my colleague yielding time. tional Treasury. 1256. This bill is being brought to the floor In my State and in my district and in Ms. FOXX. Mr. Speaker, you know, by the majority in a manner that is the district of the distinguished lady in many cases, the titles of bills here closed again, adding to the record num- from North Carolina, H.R. 1256 will re- since the Democrats have been in con- ber of closed rules in this and the last sult in job losses to the beleaguered to- trol have been backwards from what Congress. Concurring in the Senate bacco manufacturing and farming in- they do, but this bill I think does have amendment blocks the minority from terests, and it will compromise an al- a partially appropriate title. It is offering a motion to recommit. By ready overburdened FDA. I cannot in called the Family Smoking Prevention choosing to operate in this way, the good conscience support this measure. and Tobacco Control Act. majority has cut off the minority from I again thank the gentlewoman from I think it is emblematic of the con- having any input into the legislative North Carolina. cern and the attempt by the majority process and is simply not the way we Mr. POLIS. Mr. Speaker, I yield 3 party to control every aspect of our should be operating in this country. minutes to the gentlewoman from the lives. Everything that we do in this I would now like to yield such time Virgin Islands (Mrs. CHRISTENSEN). country, they are trying to control. as he may consume to my distin- Mrs. CHRISTENSEN. Thank you for They think they have the answers to guished colleague, the gentleman from yielding. everything and that what they want us North Carolina (Mr. COBLE), the dean Mr. Speaker, I rise in support of the to do is what should be done. So the of the North Carolina delegation. rule and in strong support of H.R. 1256. emphasis should be on control, because

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14904 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 that is what they are trying to do, is majority is talking about how the FDA There are numerous other speech re- control our lives. cannot protect the American people strictions in this legislation that raise We know that this legislation will with regard to tainted food and adul- serious First Amendment issues and have little impact on overall tobacco terated and counterfeit drugs. I also will create a swarm of lawsuits that use. The Congressional Budget Office would like to mention how this bill ac- will only divert us from trying to de- has estimated that if this bill is en- tually locks the marketplace to pre- velop more effective approaches to to- acted, smoking by adults would decline vent innovation and competition. We bacco use in the United States. by only 2 percent after 10 years. This are truly on the wave of socialism in To put forward speech restrictions marginal reduction does not warrant this country. that a broad range of experts have stat- this legislation’s significant intrusion So, first let me refer to the First ed is almost certain to be struck down on free speech rights and expansion of Amendment. The Kennedy bill directs would be highly counterproductive, and government-run regulatory bureauc- the Secretary of HHS to promulgate an should not be done by this legislative racy. interim final rule that is identical to body. Actually, there probably will be I strongly oppose this bill and this the FDA’s 1996 rule which legal experts a record time between when this bill is rule and urge my colleagues to vote from across the political spectrum signed into law and when lawsuits against both of them. have stated would violate the First begin to be filed in Federal court. Mr. Speaker, I yield 15 minutes to Amendment. While these expert views Now, I referred in my opening to the gentleman from Indiana (Mr. should carry great weight, even more these ‘‘quit or die’’ strategies. The BUYER). dispositive of the fact that the United ‘‘quit or die’’ strategy, the reason I call Mr. BUYER. I thank the gentle- States Supreme Court has also weighed it that is this is an abstinence ap- woman for yielding. in on various provisions of the rule, proach to tobacco, meaning, you either Herbert Hoover in the last century finding them already unconstitu- quit or, if you continue to use the prod- referred to the Volstead Act as a noble tional—they’ve already ruled—yet uct, you die. That’s their abstinence experiment. It was grounded on the we’re going to go ahead and put them approach. sincere desire to rid society of the ills right back in legislation. Not very re- The previous speaker even talked of alcohol. It was designed to improve sponsible. about, well, this bill is going to pro- health, cut crime and relieve taxpayers So before Members get down here and mote nicotine therapies, and we’re start pounding their chests as though of a portion of the burden of sub- going to move people toward these nic- they’re doing great things, this is irre- sidizing prisons. The problem is we otine therapies and they’ll get a chance sponsible for this body. to quit. know it as Prohibition. It failed to In Lorillard Tobacco Company v. take into account human nature and Nicotine therapies work for less than Reilly, the United States Supreme 7 percent of the American smokers who the truism that things are apt to go Court struck down a Massachusetts use them to quit smoking. Each year, wrong when government tinkers too statute that was similar in many ways approximately 20 million smokers use much with personal choices. to the FDA’s proposed rule. The stat- nicotine replacement therapies in an b 0930 ute banned outdoor ads within 1,000 attempt to quit smoking. feet of schools, parks and playgrounds, We are about to repeat history. There Now, think about this. You’ve got and also restricted point-of-sale adver- will be speeches here on the floor, I over 40 million smokers. Two million tising for tobacco products. The Court just heard one, about how this bill is try to quit, and there’s a 7 percent suc- held that this regulation ran afoul of going to help children, how this bill is cess rate. This bill locks in the 7 per- the tests established in the Central going to improve public health. Unfor- cent success rate and does not allow Hudson case, which defines the protec- tunately, the Kennedy bill that has the marketplace to exercise innovation tion afforded commercial speech under now just come from the Senate back to as a gateway of smokers to smokeless- the First Amendment, as it was not the House here is not going to be able type products in a harm reduction sufficiently narrowly tailored and to achieve the goals which it desires. strategy to lower in a continuum of What I will do here this morning, and would have disparate impacts from community to community. risk. as I also manage the bill itself, is bring The Court then noted that since the Seven percent? So individuals are up some of the highlights and concerns. Massachusetts statute was based on going to come here to the floor and The first highlight and concern is that the FDA’s rule, the FDA rule would claim that a 7 percent success rate is Members need to do their due diligence have similar unconstitutional effects wonderful; 7 percent success rate is and read the legislation that is coming on a nationwide basis. As Justice San- failure. Failure. Why should we, as a to the floor. Please. There is a herd dra Day O’Connor wrote for the Court, body, embrace failure? We should not. mentality that is occurring right now ‘‘the uniformly broad sweep of the geo- This legislation, the Kennedy legisla- whereby there is blind faith that is graphical limitation demonstrates a tion, locks down the marketplace. It given to leadership, and people are just lack of tailoring.’’ locks it down. And it says whoever has voting for things. They have no idea Additionally, the proposed rule in the what particular market share, that’s what is truly in the legislation. Kennedy bill would require ads to use it. That’s where it’s going to be. So I’m going to highlight some of the only black text on white background. With regard to introduction of new great concerns, because we need to be a Again, the United States Supreme products, oh, no, no, no, no, no. We’re responsible legislative body. A respon- Court found a similar provision uncon- going to create a 2-tier standard. You sible legislative body is one that stitutional in Zauderer v. Office of Dis- have to be able to show, with regard to doesn’t kick or punt the tough ques- ciplinary Counsel. In that case, dealing that product, its impact upon the indi- tions to the Supreme Court, and that’s with advertisers for legal services, the vidual and then the population at exactly what we’re doing. Court held that the use of colors and il- large. In order to do that, that is a hur- I’m going to address the Supreme lustrations in ads are entitled to the dle. It is called a ‘‘bridge too far.’’ Court in the First Amendment and same First Amendment protections When you create a 2-tier standard that Fifth Amendment issues. I’m going to given verbal commercial free speech. is a barrier, as an entry barrier of new address the same ‘‘quit or die’’ strate- Justice Byron White, in his opinion products to the market, you lock down gies of abstinence that are being ap- for the Court, wrote that pictures and innovation. You secure competition in plied to smoking. I’ll also address harm illustrations and ads cannot be banned a present pattern, and then, with re- reduction that should have been incor- ‘‘simply on the strength of the general gard to these therapies, we’re saying porated, claimed to be incorporated but argument that the visual content of okay, this is cool, this is good. We’re is not. I’ll also mention how this bill advertising may, under some cir- doing something great for public further burdens the FDA and its core cumstances, be deceptive or manipula- health. We’re going to lock in a 7 permission while, at the same time, the tive.’’ cent success rate. Wow.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14905 Now, Members are also going to come ing of .5 and 1 percentage point per nitrosamines. And then you can go to to the floor and say oh, this is really year of places around the world. Two almost a 99.5 percent reduction of the great. We’re really going to be helping percent CRS? Yeah, this is CBO. I don’t risk. So you can actually get your nic- people quit smoking. know where you’re getting your facts. otine by either an orb or a strip you Are you kidding me? This is CBO. Last time I checked, CBO lay on your tongue, or you can have a You know what this bill does? is in the United States, you think? stick that kind of looks like a tooth- This bill increases the success rate, Yeah. CBO is in the United States. pick and you can roll it and you can now, of quitting smoking by two- Now, let me also move to harm re- obtain your nicotine, and you can re- tenths of 1 percent. Two-tenths of 1 duction strategies. Here’s why I’m real- move 99 percent of the health risk. percent. You’re proud of that? Two- ly upset. I’m upset because what we Ninety-nine percent. tenths of 1 percent. really should be doing, if we really had But this legislation is going to say no Now, let’s talk about what is two- an interest in improving public health, to these types of innovations. No; that tenths of 1 percent? Well, let’s go to we should be migrating populations, somehow we’re going to lock into that our friends, one of our strongest allies moving populations. And when you which is the most harmful, instead of in our transatlantic alliance, Great move populations, you also want to in- permitting a migration. Britain. The Royal College of Physi- form people with regard to choices and Now, what we want is, as individuals cians, also looking at this issue in the risk associated with products. We migrate, and you’ve got then the thera- their report, and they’re looking also do that every day in the types of auto- peutics and medicinal types of nico- to solutions to the smoking epidemic, mobiles which we buy, whether you’re tine, what you really want is them to they write, in their review of other going to wear your seatbelt. I suppose, quit. And when you migrate them, you countries, it indicates that the best I don’t know, if you want to wear a hel- migrate them to eventually quit smok- conventional tobacco control measures met—did you wear a helmet to work ing. reducing smoking prevalence is be- when you drove your car today? I guess b 0945 tween .5 and 1 percentage point per that’s a choice you could make. People year. Whoa. Great Britain went out make harm reduction choices every The SPEAKER pro tempore. The there and looked at all these other day. In the foods we eat, what we time of the gentleman has expired. countries around the world and found drink, whatever we consume, we make Ms. FOXX. I yield the gentleman an- that other countries that are taking these decisions every day. But how other 1 minute. aggressive measures are able to reduce come we don’t apply harm reduction Mr. BUYER. What we have in the bill smoking prevalence by .5 to 1 percent- strategies to tobacco? We should. is abstinence. It mentions harm reduc- age points per year. And none of them So, in the marketplace right now, tion, but because there is a two-tiered have even taken into account what Mr. there are many types of products. Now, approach to the approval process for MCINTYRE and I presented to the floor what is unique about what’s happening the introduction of new tobacco prod- for harm reduction strategies. here is that this legislation doesn’t ucts, it is truly an entry barrier, so So, great. The rest of the world is at even touch that which is most harmful, we’ve locked down the marketplace. .5 and 1, and we’re going to be at two- which are cigars and pipes. Cigars and When you lock down the marketplace, tenths of 1 percent, and you’re going to pipes, you can directly ingest these you do not improve public health in claim that’s success. We’re doing great toxins and carcinogens in a far greater this country, and that is the greatest things to improve public health. strength into the body, and it is more concern that I have here today. Are you kidding me? We are not. harmful. But that’s not even touched ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE We’re continuing failure. Failure. So in this legislation. The SPEAKER pro tempore. Mem- don’t come to the floor and act like So let’s just talk about what’s bers are reminded to address their re- someone is the champion here, because touched. If you look at the continuum marks to the Chair. we’re not. Two-tenths of 1 percent. of risk and the choice of available Mr. POLIS. Mr. Speaker, currently a Mr. POLIS. Will the gentleman products that are out there today, the head of lettuce receives more regula- yield? most harmful, which would be under tion than tobacco products. I would Mr. BUYER. I’ll yield to help you this bill, are the non-filtered ciga- simply ask: Which is more dangerous with math. rettes. That’s why I put them at the 100 to the American people? I would like to Mr. POLIS. I’m asking you the percent. quote from The New York Times today, source. Next is if you actually put a filter on which endorsed, through an editorial, Mr. BUYER. It’s two-tenths of 1 per- that cigarette. We’re beginning to re- this bill, and it has been supported in cent. duce the harm. the past as well. Mr. POLIS. Will the gentleman yield Then you’ve got tobacco-heated ciga- ‘‘It has now been proved beyond a for a moment? rettes. But we don’t understand all the shadow of a doubt that cigarette mak- Mr. BUYER. Two-tenths of 1 percent, science about the tobacco-heated ciga- ers have spent decades making false 2 percent. You think that’s great. rettes. statements, suppressing evidence of Mr. POLIS. I’d like to yield to ask Then you have an electronic ciga- harm, and manipulating the design of your source. rette, whereby it’s a nicotine delivery cigarettes to increase their addictive- Mr. BUYER. What? device. Yet we know that when you ness. Federal regulators should be able Mr. POLIS. I’d like to ask your don’t ingest the smoke, that you have to stop many of these abuses—and we source. a less harmful product. hope help prevent more Americans Mr. BUYER. Sure. It’s the Royal Col- Then there are the U.S. smokeless from losing their lives to smoking.’’ lege of Physicians. products. Now we can reduce the risk This bill is the first step. Mr. POLIS. That’s from another by 90 percent and say to an individual Mr. Speaker, I would like to yield 3 country? that you can obtain your nicotine you minutes to the gentleman from Texas Mr. BUYER. Absolutely. want, but guess what? You can reduce (Mr. GENE GREEN). Mr. POLIS. Is the gentleman aware the harm by 90 percent. But these are Mr. GENE GREEN of Texas. Thank the Congressional Budget Office esti- still all harmful products. you, I thank my colleague from the mates it will reduce youth smoking by Then you can go to a Swedish snus, Rules Committee for allowing me to 11 percent over the next 10 years, and and now you can reduce almost 98 per- speak for 3 minutes. adult smoking by 2 percent? Those are cent of the risk. The difference here is Mr. Speaker, I respectfully disagree our own estimates. one is fermented, and the other is pas- with my colleague and member of the Mr. BUYER. The Royal College of teurized. Energy and Commerce Committee from Physicians, I’m indicating, with regard Then you can go to dissolvable to- Indiana. I rise in strong support of H.R. to the reduction of prevalence of smok- bacco products that have no 1256, the Family Smoking Prevention

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14906 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 and Tobacco Control Act. I am an Ms. FOXX. Mr. Speaker, I would like Mr. POLIS. Mr. Speaker, I think that original cosponsor of the bill, and I am to point out a couple of issues. one of the differences between smoking pleased that we will finally send this It seems to me that, if a head of let- lettuce—and I have to admit that this piece of legislation to the President. tuce has more rules than tobacco, then is the first time I’ve heard of smoking Again, I respectfully disagree with I think we should reduce the regula- lettuce—and smoking tobacco is that some of the statements earlier. tions on lettuce. I think we’re going in tobacco, because of its nicotine con- For many years, Congress has tried the wrong direction in terms of this tent, is highly addictive. Again, there to address tobacco use and the impact issue. is evidence, undisputable evidence, it has on our country and on our peo- The other thing I would like to point that companies have deliberately in- ple. Nearly 21 percent of Americans out is something that my colleague creased the levels of addictive nicotine smoke cigarettes, which is actually a from Indiana pointed out. This bill fo- within those products and that Amer- reduction over the past few years, but cuses totally on the issue of absti- ican lives have been lost as a result. almost 23 percent of high school stu- nence. It’s interesting to me that I’ve One of the other important aspects of dents are smokers—23 percent. been in so many debates where the ma- this bill is ending the practice of many According to the Substance Abuse jority party completely puts aside ab- of these tobacco products which are and Mental Health Services Adminis- stinence education when it comes to targeted specifically to children—bar- tration, every day, 1,140 young adults sex education in the schools. They say ring the sale of flavored tobacco prod- start smoking. Over 1,000 young people abstinence education has absolutely no ucts, such as fruit and cloves and choc- start smoking. Every day that these benefit, and we know the research olate, with names that entice children, young adults start smoking, they’re shows the opposite. Yet, on this issue, like ‘‘Very Berry.’’ This would ensure entering a lifelong addiction. There- they’d like to go totally for abstinence that those are properly regulated. fore, the number of young adults who education. Mr. Speaker, I would like to yield 3 start smoking every day is tragic, espe- I would now like to yield 2 minutes minutes to the gentlewoman from Cali- cially when you consider that cigarette to my colleague, the gentleman from fornia (Ms. HARMAN). smoking is a leading cause of prevent- Indiana (Mr. BUYER). Ms. HARMAN. I thank the gentleman able death in our country. Once you’re Mr. BUYER. Mr. Speaker, I would for yielding, and I rise in support of addicted to tobacco, it’s with you for just like to bring up two points. this rule and of the bill, as amended, by life and death. Most smokers start at During my presentation, the gen- the Senate. 13, 14 or 15 years old. tleman brought up the 11 percent issue. Mr. Speaker, as they say in the intel- The Family Smoking Prevention and After I gave my remarks, I imme- ligence world, ‘‘this is a slam dunk.’’ I have experienced the tragedy that af- Tobacco Control Act will give the Food diately went to the Congressional flicts many tobacco users and their and Drug Administration, the FDA, the Budget Office. It was a very clever at- families. Both of my parents were authority to regulate tobacco for the tempt, Mr. Speaker, of the Rules Com- chain smokers. My father, a physician, first time. As was said earlier, we don’t mittee to try to confuse the American quit when I was young, but our house regulate tobacco now. We’re finally people, so I’ll read directly from the reeked of secondhand smoke, and my giving the Food and Drug Administra- CBO report so the record is clear. mother continued to smoke until she tion the authority to regulate it. ‘‘Based on information from aca- This bill is fully paid for, and the could no longer hold a cigarette. After demic and other researchers, CBO esti- FDA activity on tobacco will be fully long illnesses, both parents died from mates that H.R. 1256,’’ which is the funded through a user fee, not through lung cancer. It was a nightmare and Waxman bill, which is not being heard the FDA’s existing budget. These new one I would spare other families. As a here—it is the Kennedy bill which is funds will not take away or affect any grandmother of three, I hope my being referred to here—‘‘would result of the FDA’s current activities. This grandkids will never smoke. in a further reduction in the number of bill will also subject all new tobacco Approximately 4,000 children try a products to premarket review. It will underage tobacco users of 11 percent by cigarette for the first time each day. give the Secretary of Health and 2019.’’ By the end of this week, thousands of Here is the other part, the rest of the Human Services the ability to restrict Americans will have died from tobacco- the sale, distribution and promotion of story, that the Rules Committee did related diseases, and thousands more tobacco products. The Secretary will not share with the country. will become new, regular users. We can ‘‘CBO also estimates that imple- be able to establish tobacco product take a big step forward in breaking standards and require manufacturers menting H.R. 1256 would lead to a fur- this deadly cycle by giving the FDA to provide the Secretary with a list of ther decline in smoking by adults by the authority to regulate tobacco prod- harmful ingredients in tobacco prod- about 2 percent after 10 years.’’ Wow. ucts. That’s all this bill does, and it is ucts. We don’t even know what we’re Wow. long overdue. smoking today. The bill will establish Now let me refer to the other. Too The legislation we are voting on new labeling requirements to tobacco often, we should be careful about being today is the product of a decades’-long products. cute here on the House floor. ‘‘Cute’’ crusade by our colleague HENRY WAX- I believe the bill is long overdue, and means the reference with regard to let- MAN, by Senator EDWARD KENNEDY, by I am pleased that this bill has the sup- tuce, so I’ll follow your logic. If you the Campaign for Tobacco-Free Kids, port of tobacco manufacturers such as were to take that lettuce, dry it, roll and by scores of public health groups. Philip Morris as well as public health it, and go ahead and smoke your let- It is a big downpayment on health care groups like the American Cancer Soci- tuce, do you realize that you would end reform. ety and the Campaign for Tobacco-Free up with similar problems than if you Mr. Speaker, California alone spends Kids. The Family Smoking Prevention were smoking tobacco? It’s not the nic- over $9 billion annually treating to- and Tobacco Control Act is a step in otine that kills. It’s the smoke that bacco-related diseases. This critical the right direction to address the issue kills. It’s the inhalation of the smoke. funding could be put towards our fail- of smoking in our country. That’s what causes and is responsible ing health care infrastructure and to- I ask Members of Congress: How for the pandemic of cancers, of heart wards making health care more afford- many loved ones and constituents do disease, of respiratory disease, and of able for everyone. With its passage you know who have died from lung can- other factors. It’s the smoke. So, as for today, I hope this bill will become law cer caused by smoking? the migration of people from smoke promptly, and I hope that the CBO will This bill can help those 13-, 14- and into smokeless and into other forms of find the way to score the savings that 15-year-olds, who are growing up now, therapies, if they want to obtain their come from this and from other prevent- not to become addicted to tobacco. I nicotine, it’s okay. Mr. WAXMAN, him- ative health measures. strongly support the bill, and I urge self, would say, I do not want to outlaw If we can do this, we can find a way my colleagues to support it as well. tobacco. to cut the cost of health care reform, of

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14907 national health care reform, which is years of collaboration on very impor- which will allow the FDA to regulate urgently needed this year. So, as I see tant issues, especially affecting the their tobacco, will ruin their industry, it, this is a downpayment on health military, like sexual harassment and shut down small farms, and hurt al- care reform, and it’s a downpayment this wave of sexual assault and rape ready-hurting farmers who just want on the health of our children and of our against women. I appreciate that very to earn a living. grandchildren. This bill will save lives much. The truth is the tobacco industry has and scarce resources. This bill is a slam On this issue, sure, let’s work to- lied for decades about the addictive na- dunk. Vote ‘‘aye’’ on the rule and on gether on a harm reduction strategy. I ture of tobacco. They have targeted the underlying legislation. think this bill, which I’m for and our children as prime consumers of Ms. FOXX. Mr. Speaker, I would like you’re obviously against, goes only their deadly product, and they have to yield briefly to my colleague, the partway. There is a lot more to do, and produced and marketed a product that gentleman from Indiana (Mr. BUYER), a lot of people have terrible stories like is the leading cause of preventible who has a very important point to mine, and I embrace the fact that death in the United States, killing an make on this issue. you’re against smoking. I surely hope estimated 438,000 people each year. Mr. BUYER. Mr. Speaker, I would that becomes a much more prevalent It is past time to empower the FDA just say to my good friend from Cali- practice by our young kids. That’s to step up and stop the tobacco compa- fornia that I am not an advocate of what my purpose here is. I never want nies from continuing to make false smoking at all. What I’m trying to do anyone else to have the kind of tragedy claims about tobacco and start telling here on the floor is to help improve the that I had with parents who were ad- the truth. For too many years, the to- public health of our Nation, and this is dicted like mine. bacco industry has sold us a line. a bill that actually locks down the They’ve attempted to tell us what b 1000 marketplace. they’re selling, but in reality, the only To the speaker, as to my reference to Mr. BUYER. Reclaiming my time, I thing they’ve been selling us is sick- Ms. HARMAN, I want you to know that will embrace that, and probably what ness and death. that is my sincere effort here. How do we need to do if the President signs Ms. FOXX. Madam Speaker, I want we improve public health? this bill into law, I offer to work with to say that Mr. BUYER has brought up Other nations around the world are the gentlelady and we’ll introduce a again the issue that the Republicans all struggling, like we are, for good, bill to incorporate harm reduction. I have alternatives that are proven more sound public policy in how we regulate agreed earlier when I had spoken with effective. But those alternatives are a legal product by adult users. There Chairman WAXMAN, he recognizes that not being properly considered by the are restrictions with regard to access a pragmatic approach is truly incorpo- majority party. Department of Health to children. Then, with regard to adult ration of harm reduction with absti- and Human Services Secretary Levin users, countries around the world are nence. And when we’re talking about has noted that this legislation could be beginning to look at harm reduction teenage sex or the use of tobacco, if we also viewed by foreign countries as a and at applying those strategies to to- really, truly want a hand, four fingers hostile trade action. bacco. and a thumb don’t make a hand with- We had an opportunity to do that. It Many of the cloves and other flavored out a palm. So you have to use prag- failed here on the floor, and I recognize cigarettes that are banned under this matism along with new science. that. It’s probably something that’s bill are manufactured in foreign coun- And I will welcome the opportunity new. I welcome the opportunity to join tries. However, this bill expressly per- to work with the gentlelady. with the gentlewoman from California, mits production of menthol cigarettes. Mr. POLIS. I want to highlight that as we’ve worked really well together This could lead Indonesia or other for- this legislation is supported by over our entire time we’ve been here, and I eign governments to file complaints at 1,000 public health, faith, and other or- would love to work with you on harm the World Trade Organization claiming ganizations, including the American reduction strategies. I’ll just read this discrimination against their products. from the American Association of Pub- Cancer Society Action Network, the Ultimately, retaliatory measures could lic Health Physicians. Since, Mr. American Heart Association, American be taken against American-made prod- Speaker, the Rules Committee doesn’t Dental Association, and American ucts which could lead to unnecessary want me to cite the Royal College of Lung Association. I would also like to trade disputes with a negative effect on Physicians, I’ll cite an American insti- think that the recent dialogue between economic growth. tution. the Representative from California and As Mr. BUYER again pointed out ear- The American Association of Public the Representative from Indiana, that, lier, most of us do not want to encour- Health Physicians found, In practical of course, this bill is just a start. age smoking. But we oppose this bill on terms, the enhancement of current With regard to many strategies that the basis that it is establishing a new policies based on the premise that all need to be used and employed to reduce Federal authority for the regulation of tobacco products are equally risky will youth smoking, certainly the banning the tobacco industry in putting the yield only small and barely measurable of targeted marketing towards youth FDA in charge of this. The tobacco in- reductions in tobacco-related illness and tobacco products that clearly have dustry should continue to be regulated and death. The addition of a harm re- names that affect youth, creating a at the State level. We should not ex- duction component, however—and regulatory structure for the first time pand the Federal Government to add that’s why I want to work with Ms. around tobacco products, are construc- another layer of bureaucracy to the al- HARMAN—could yield a 50 to 80 percent tive steps; and I would agree with the ready overburdened Food and Drug Ad- reduction in tobacco-related illness gentleman from Indiana not mutually ministration and another layer of regu- and death over the first 10 years and a inconclusive steps, mutually incon- lation to American consumers and likely reduction of up to 90 percent sistent steps with many other things lives. This is not the direction we need within 20 years. that we need to do for the common to go, but it is the direction, again, That’s why I’m so passionate about a goal that we share to reducing youth that the administration and the major- harm reduction strategy. I embrace smoking. ity party want to go, that is, more and your personal story, and that’s why I Madam Speaker, I would like to yield more control of the lives of Americans. am so sincere about a harm reduction. 1 minute to the gentleman from Illi- And with that, Madam Speaker, I Ms. HARMAN. Will the gentleman nois (Mr. QUIGLEY). yield back. yield? Mr. QUIGLEY. Madam Speaker, the Mr. POLIS. Madam Speaker, this bill Mr. BUYER. I would yield to the gen- tobacco industry has been feeding us a is not a hostile trade action. Every sov- tlewoman. line. In addition to selling tobacco, the ereign State, every country has the full Ms. HARMAN. I appreciate what industry is now selling us a story. They ability to regulate public health issues. you’ve said, and I do appreciate long would have us believe that this bill, Tobacco is a killer: 443,000 deaths per

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14908 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 year. Smoking-related deaths, as I proof. No more will consumers be Despite that grim statistic, tobacco mentioned earlier, are more than the duped into believing there is such a companies have enjoyed a great deal of deaths caused by AIDS, alcohol, co- thing as healthy cigarettes, light or influence over public policy—indeed, a caine, heroin, homicide, suicide, motor low tar. By imposing scientifically privileged state—avoiding the appro- vehicle crashes, and fires combined. It backed, new labeling requirements for priate oversight of their dangerous is a matter of national sovereignty, a such products, this bill will ensure that business. By giving the Food and Drug concept that I know the gentlewoman tobacco consumers not only receive ac- Administration the authority to exer- from North Carolina is also a strong curate information about what is in cise their proper oversight duties, we supporter of, that countries have the such products, but also are protected strip Big Tobacco of their special privi- ability, in fact a duty, to regulate pub- from poisonous substances that are in- leges and power. lic health issues. jurious to health. We owe consumers the same levels of Madam Speaker, this bill specifically Madam Speaker, I would like to in- protection with regard to tobacco use achieves critical public health goals. quire as to how much time remains. as we do with food and drink consump- This legislation would ensure that to- The SPEAKER pro tempore (Mrs. tion, prescription and over-the-counter bacco products are not advertised or TAUSCHER). The gentleman has 10 min- drugs, and even makeup and cosmetics. sold to children. And as I mentioned, 90 utes remaining. Why should tobacco, such an obviously percent of adult smokers start before Mr. POLIS. Madam Speaker, I would harmful product, not be subject to the the age of 19. like to yield 2 minutes to the gen- same scrutiny as a head of lettuce or Addiction to tobacco begins almost tleman from Virginia (Mr. CONNOLLY). mascara or a drink? universally in childhood and adoles- Mr. CONNOLLY of Virginia. I thank The FDA is more than capable of handling this new responsibility. We cence. Tobacco companies have long my friend from Colorado. entrust the most sensitive regulation taken advantage of this vulnerability I rise in support of the underlying and oversight efforts already to the by promoting their products through legislation, and I thank my friend from FDA: the regulation of what we put in cartoon advertisements, free, tobacco- Colorado for his passion on the subject. our own bodies. We must give this We know that if we can deter teenage themed merchandise that appeals to agency the opportunity to succeed, smoking, we can deter a lifetime of kids, and sponsorships of sports and en- providing the necessary resources to health risks and health costs. tertainment events. get the job done; and this bill does I must confess, Madam Speaker, By reinstating the FDA’s 1996 rule, that. we will be able to ban all outdoor to- some concern about accepting the Sen- By providing the Health and Human bacco advertising within 1,000 feet of ate provision here. There were other Services Secretary with the authority schools and playgrounds. Again, com- provisions in the House bill that I pas- to regulate tobacco product standards mon sense. We will ban free giveaways sionately supported that protect our and product testing based on scientific of any nontobacco items with the pur- Federal workforce, and I specifically evidence, this legislation will promote chase of a tobacco product that appeals refer to the provision allowing the and protect the Nation’s public health. to children; we restrict vending ma- counting of sick leave for retirement And as my friend and colleague and chines and self-service displays to and allowing those who are under the Representative from California, Ms. adult-only facilities; and require retail- Federal Employment Retirement Serv- HARMAN, said, this is an important ers to verify age for all over-the- ice to re-employ, pick up where they nexus in the health care debate in re- counter sales and provide for Federal left off. These are important provi- ducing costs and helping ensure that enforcement and penalties for retailers sions, Madam Speaker, because the Americans are healthier. who sell to minors. Federal workforce, as we look out to For far too long we have not followed Barring the sale of certain flavored the future, is going to be challenged doctors’ orders with regard to tobacco tobacco products, such as fruits and with a brain drain. use. Science tells us a great deal about chocolate, will protect the health of The baby boom generation is going to the causes of disease and the risks of children who are lured to smoking by be retiring. As many as 40 percent of certain behaviors. This legislation puts these candy-like flavors with little, if the current workforce will be retiring those scientific findings at the fore- any, impact on adult enjoyment of to- over the next decade. In order to at- front of policymaking for the Depart- bacco. tract talent for the future Federal ment of Health and Human Services. The opponents of this legislation workforce, we need more flexible work Mr. BUYER. Will the gentleman often cite the American value of indi- rules; we need to provide more amen- yield? vidual or personal responsibility. Cer- ities for that workforce. I was dis- Mr. POLIS. Yes. tainly informed adults are responsible appointed that the Senate, on an Mr. BUYER. I want to make sure the record is clear. for making their own choices and deal- amendment by Mr. DEMINT of South Earlier in your remarks you referred ing with the consequences, including Carolina, dropped those provisions to the issue on spiking. Spiking was an the choice of whether to smoke. Where from this bill that were carefully craft- allegation that was made in a news- ed from the Committee on Oversight we differ is our treatment of the fact paper article; the investigation had that 90 percent of the Americans who and Government Reform here in the taken place. Former FDA Commis- smoke began as teenagers between the House, and I hope we can revisit those sioner Kessler found that spiking alle- ages of 12 and 17. Opponents ask kids to issues in the future. gations of nicotine were found to be make grave, health-related choices But the underlying bill with respect false. with incomplete information and hold to tobacco is a very important bill. Mr. POLIS. Thank you for clarifying. those kids responsible for childhood And, again, I thank Mr. POLIS from This bill also promotes public health mistakes with their lives. When 80 per- Colorado for his leadership and passion by requiring the Health and Human cent of kids smoke the most heavily to the subject. Services Secretary to consider placing advertised brands, it’s easy to infer the Mr. POLIS. I would like to thank the tobacco replacement product on a fast- influence of advertising on children. gentleman from Virginia for bringing track FDA approval process. If we want Big Tobacco claims they don’t mar- up another important issue that is no Americans to stop smoking, we must ket to kids. Nevertheless, they do a re- longer included in this bill, and hope- provide them with the help they need markably and suspiciously good job of fully he and other of our colleagues can to kick the habit. Holding up these getting kids to use their products. This work to ensure that we have a competi- smoking cessation aids, in an age of has to change. tive workforce for our Federal Govern- bureaucratic red tape, is no longer an This legislation will also require that ment. option. I believe that that’s a concept tobacco products marketed as safer and Madam Speaker, tobacco is the dead- that’s consistent with the harm-reduc- claims to be safer are in fact dem- liest product on the market today. It tion strategy that my colleague from onstrated to be safer by scientific kills over 400,000 Americans every year. Indiana had discussed earlier.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14909 By creating a special category of The resolution was agreed to. (1) The use of tobacco products by the Na- small tobacco product manufacturers, A motion to reconsider was laid on tion’s children is a pediatric disease of consider- the bill will ensure that small busi- the table. able proportions that results in new generations nesses have the assistance they need of tobacco-dependent children and adults. f (2) A consensus exists within the scientific from the FDA to comply with the new FAMILY SMOKING PREVENTION and medical communities that tobacco products regulations. Supported by over 1,000 AND TOBACCO CONTROL ACT are inherently dangerous and cause cancer, health and faith-based groups from heart disease, and other serious adverse health across the country, including the Mr. WAXMAN. Madam Speaker, pur- effects. American Cancer Association, the suant to House Resolution 532, I call up (3) Nicotine is an addictive drug. American Heart Association, the from the Speaker’s table the bill (H.R. (4) Virtually all new users of tobacco products American Lung Association, The Cam- 1256) to protect the public health by are under the minimum legal age to purchase paign for Tobacco Free Kids, and the providing the Food and Drug Adminis- such products. (5) Tobacco advertising and marketing con- American Dental Association. This bill tration with certain authority to regulate tobacco products, to amend title 5, tribute significantly to the use of nicotine-con- also preserves States rights by not pre- taining tobacco products by adolescents. empting State tobacco laws. It’s ex- United States Code, to make certain (6) Because past efforts to restrict advertising tremely important to respect that modifications in the Thrift Savings and marketing of tobacco products have failed many States, including my own home Plan, the Civil Service Retirement adequately to curb tobacco use by adolescents, State of Colorado, already recognize System, and the Federal Employees’ comprehensive restrictions on the sale, pro- the dangers of smoking and the role Retirement System, and for other pur- motion, and distribution of such products are that regulation can play and have exposes, with a Senate amendment there- needed. (7) Federal and State governments have cellent laws on the books that keep to, and I have a motion at the desk. The Clerk read the title of the bill. lacked the legal and regulatory authority and cigarettes out of the hands of children resources they need to address comprehensively and also regulates second-hand smoke. The SPEAKER pro tempore. The the public health and societal problems caused I’m very proud to say that my home Clerk will designate the Senate amend- by the use of tobacco products. State of Colorado is recognized as a ment. (8) Federal and State public health officials, leader in tobacco control, as dem- The text of the Senate amendment is the public health community, and the public at onstrated by our leadership in enacting as follows: large recognize that the tobacco industry should a comprehensive smoke-free law that Senate amendment: be subject to ongoing oversight. (9) Under article I, section 8 of the Constitu- includes casinos. Additionally, Colo- Strike all after the enacting clause and insert the following: tion, the Congress is vested with the responsi- rado is working on enacting a youth- bility for regulating interstate commerce and DIVISION A—FAMILY SMOKING PREVEN- access policy statewide. A senator from commerce with Indian tribes. TION AND TOBACCO CONTROL ACT my district, the State senator, intro- (10) The sale, distribution, marketing, adver- duced a bill last year that required ID SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tising, and use of tobacco products are activities checks for tobacco purchases and pro- (a) SHORT TITLE.—This division may be cited in and substantially affecting interstate com- as the ‘‘Family Smoking Prevention and To- merce because they are sold, marketed, adver- hibited youths from possessing tobacco bacco Control Act’’. products. tised, and distributed in interstate commerce on (b) TABLE OF CONTENTS.—The table of con- a nationwide basis, and have a substantial ef- I would like to highlight, in conclu- tents of this division is as follows: fect on the Nation’s economy. sion, a story of a hero in the cancer Sec. 1. Short title; table of contents. (11) The sale, distribution, marketing, adver- awareness movement from my district, Sec. 2. Findings. tising, and use of such products substantially a type of heroism that, unfortunately, Sec. 3. Purpose. affect interstate commerce through the health is all too common. Sec. 4. Scope and effect. care and other costs attributable to the use of Sec. 5. Severability. tobacco products. b 1015 Sec. 6. Modification of deadlines for Secretarial (12) It is in the public interest for Congress to Susan DeWitt was a typical soccer action. enact legislation that provides the Food and mom from Superior, Colorado. She TITLE I—AUTHORITY OF THE FOOD AND Drug Administration with the authority to regu- made a DVD video about the struggles DRUG ADMINISTRATION late tobacco products and the advertising and of her family during her 8-year battle Sec. 101. Amendment of Federal Food, Drug, promotion of such products. The benefits to the American people from enacting such legislation with cancer that ultimately cost her and Cosmetic Act. Sec. 102. Final rule. would be significant in human and economic her life. She had earlier worked as a re- Sec. 103. Conforming and other amendments to terms. porter in Boulder County. She had been general provisions. (13) Tobacco use is the foremost preventable a light smoker in her teens and contin- Sec. 104. Study on raising the minimum age to cause of premature death in America. It causes ued into her twenties, and she quit in purchase tobacco products. over 400,000 deaths in the United States each 1992, in her early thirties. Sec. 105. Enforcement action plan for adver- year, and approximately 8,600,000 Americans She passed away at the age of 42 from tising and promotion restrictions. have chronic illnesses related to smoking. lung cancer. She created ‘‘Through My Sec. 106. Studies of progress and effectiveness. (14) Reducing the use of tobacco by minors by TITLE II—TOBACCO PRODUCT WARNINGS; 50 percent would prevent well over 10,000,000 of Children’s Eyes’’ as a legacy, and her today’s children from becoming regular, daily family founded the Susan DeWitt CONSTITUENT AND SMOKE CON- STITUENT DISCLOSURE smokers, saving over 3,000,000 of them from pre- Foundation to continue her work. mature death due to tobacco-induced disease. Sec. 201. Cigarette label and advertising warn- How many more Susan DeWitts must Such a reduction in youth smoking would also ings. result in approximately $75,000,000,000 in sav- there be in this country? This plague Sec. 202. Authority to revise cigarette warning ings attributable to reduced health care costs. has touched almost all American lives. label statements. (15) Advertising, marketing, and promotion of How many of us have lost a friend or Sec. 203. State regulation of cigarette adver- tobacco products have been especially directed relative to lung cancer and to smok- tising and promotion. to attract young persons to use tobacco prod- ing? Sec. 204. Smokeless tobacco labels and advertising warnings. ucts, and these efforts have resulted in in- This bill is a critical important first creased use of such products by youth. Past ef- step in finally creating a regulatory Sec. 205. Authority to revise smokeless tobacco product warning label statements. forts to oversee these activities have not been structure to discourage young people Sec. 206. Tar, nicotine, and other smoke con- successful in adequately preventing such in- from ever beginning to smoke and reg- stituent disclosure to the public. creased use. ulating the safety of tobacco products. (16) In 2005, the cigarette manufacturers spent TITLE III—PREVENTION OF ILLICIT more than $13,000,000,000 to attract new users, Madam Speaker, I urge a ‘‘yes’’ vote TRADE IN TOBACCO PRODUCTS on the rule and the underlying bill. retain current users, increase current consump- Sec. 301. Labeling, recordkeeping, records in- tion, and generate favorable long-term attitudes Madam Speaker, I yield back the bal- spection. toward smoking and tobacco use. ance of my time, and I move the pre- Sec. 302. Study and report. (17) Tobacco product advertising often vious question on the resolution. SEC. 2. FINDINGS. misleadingly portrays the use of tobacco as so- The previous question was ordered. The Congress finds the following: cially acceptable and healthful to minors.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14910 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 (18) Tobacco product advertising is regularly crucial role in the decision of these minors to not in fact reduce risk are so high that there is seen by persons under the age of 18, and persons begin using tobacco products. Less restrictive a compelling governmental interest in ensuring under the age of 18 are regularly exposed to to- and less comprehensive approaches have not that statements about modified risk tobacco bacco product promotional efforts. and will not be effective in reducing the prob- products are complete, accurate, and relate to (19) Through advertisements during and spon- lems addressed by such regulations. The reason- the overall disease risk of the product. sorship of sporting events, tobacco has become able restrictions on the advertising and pro- (41) As the Federal Trade Commission has strongly associated with sports and has become motion of tobacco products contained in such found, consumers have misinterpreted advertise- portrayed as an integral part of sports and the regulations will lead to a significant decrease in ments in which one product is claimed to be less healthy lifestyle associated with rigorous sport- the number of minors using and becoming ad- harmful than a comparable product, even in the ing activity. dicted to those products. presence of disclosures and advisories intended (20) Children are exposed to substantial and (32) The regulations described in paragraph to provide clarification. unavoidable tobacco advertising that leads to (30) impose no more extensive restrictions on (42) Permitting manufacturers to make unsub- favorable beliefs about tobacco use, plays a role communication by tobacco manufacturers and stantiated statements concerning modified risk in leading young people to overestimate the sellers than are necessary to reduce the number tobacco products, whether express or implied, prevalence of tobacco use, and increases the of children and adolescents who use cigarettes even if accompanied by disclaimers would be number of young people who begin to use to- and smokeless tobacco and to prevent the life- detrimental to the public health. (43) The only way to effectively protect the bacco. threatening health consequences associated public health from the dangers of unsubstan- (21) The use of tobacco products in motion with tobacco use. Such regulations are narrowly tiated modified risk tobacco products is to em- pictures and other mass media glamorizes its use tailored to restrict those advertising and pro- power the Food and Drug Administration to re- for young people and encourages them to use to- motional practices which are most likely to be quire that products that tobacco manufacturers bacco products. seen or heard by youth and most likely to entice sold or distributed for risk reduction be reviewed (22) Tobacco advertising expands the size of them into tobacco use, while affording tobacco in advance of marketing, and to require that the the tobacco market by increasing consumption manufacturers and sellers ample opportunity to evidence relied on to support claims be fully of tobacco products including tobacco use by convey information about their products to verified. young people. adult consumers. (44) The Food and Drug Administration is a (23) Children are more influenced by tobacco (33) Tobacco dependence is a chronic disease, regulatory agency with the scientific expertise marketing than adults: more than 80 percent of one that typically requires repeated interven- to identify harmful substances in products to youth smoke three heavily marketed brands, tions to achieve long-term or permanent absti- which consumers are exposed, to design stand- while only 54 percent of adults, 26 and older, nence. ards to limit exposure to those substances, to smoke these same brands. (34) Because the only known safe alternative evaluate scientific studies supporting claims (24) Tobacco company documents indicate to smoking is cessation, interventions should about the safety of products, and to evaluate that young people are an important and often target all smokers to help them quit completely. the impact of labels, labeling, and advertising crucial segment of the tobacco market. Children, (35) Tobacco products have been used to fa- on consumer behavior in order to reduce the risk who tend to be more price sensitive than adults, cilitate and finance criminal activities both do- of harm and promote understanding of the im- are influenced by advertising and promotion mestically and internationally. Illicit trade of pact of the product on health. In connection practices that result in drastically reduced ciga- tobacco products has been linked to organized with its mandate to promote health and reduce rette prices. crime and terrorist groups. the risk of harm, the Food and Drug Adminis- (25) Comprehensive advertising restrictions (36) It is essential that the Food and Drug Ad- tration routinely makes decisions about whether will have a positive effect on the smoking rates ministration review products sold or distributed and how products may be marketed in the of young people. for use to reduce risks or exposures associated United States. (26) Restrictions on advertising are necessary with tobacco products and that it be empowered (45) The Federal Trade Commission was cre- to prevent unrestricted tobacco advertising from to review any advertising and labeling for such ated to protect consumers from unfair or decep- undermining legislation prohibiting access to products. It is also essential that manufacturers, tive acts or practices, and to regulate unfair young people and providing for education about prior to marketing such products, be required to methods of competition. Its focus is on those tobacco use. demonstrate that such products will meet a se- marketplace practices that deceive or mislead (27) International experience shows that ad- ries of rigorous criteria, and will benefit the consumers, and those that give some competitors vertising regulations that are stringent and com- health of the population as a whole, taking into an unfair advantage. Its mission is to regulate prehensive have a greater impact on overall to- account both users of tobacco products and per- activities in the marketplace. Neither the Fed- bacco use and young people’s use than weaker sons who do not currently use tobacco products. eral Trade Commission nor any other Federal or less comprehensive ones. (37) Unless tobacco products that purport to agency except the Food and Drug Administra- (28) Text only requirements, although not as reduce the risks to the public of tobacco use action possesses the scientific expertise needed to stringent as a ban, will help reduce underage tually reduce such risks, those products can implement effectively all provisions of the Fam- use of tobacco products while preserving the in- cause substantial harm to the public health to ily Smoking Prevention and Tobacco Control formational function of advertising. the extent that the individuals, who would oth- Act. (29) It is in the public interest for Congress to erwise not consume tobacco products or would (46) If manufacturers state or imply in com- adopt legislation to address the public health consume such products less, use tobacco prod- munications directed to consumers through the crisis created by actions of the tobacco industry. ucts purporting to reduce risk. Those who use media or through a label, labeling, or adver- (30) The final regulations promulgated by the products sold or distributed as modified risk tising, that a tobacco product is approved or in- Secretary of Health and Human Services in the products that do not in fact reduce risk, rather spected by the Food and Drug Administration or August 28, 1996, issue of the Federal Register (61 than quitting or reducing their use of tobacco complies with Food and Drug Administration Fed. Reg. 44615–44618) for inclusion as part 897 products, have a substantially increased likeli- standards, consumers are likely to be confused of title 21, Code of Federal Regulations, are con- hood of suffering disability and premature and misled. Depending upon the particular lan- sistent with the first amendment to the United death. The costs to society of the widespread use guage used and its context, such a statement States Constitution and with the standards set of products sold or distributed as modified risk could result in consumers being misled into be- forth in the amendments made by this subtitle products that do not in fact reduce risk or that lieving that the product is endorsed by the Food for the regulation of tobacco products by the increase risk include thousands of unnecessary and Drug Administration for use or in con- Food and Drug Administration, and the restric- deaths and injuries and huge costs to our health sumers being misled about the harmfulness of tion on the sale and distribution of, including care system. the product because of such regulation, inspec- access to and the advertising and promotion of, (38) As the National Cancer Institute has tion, approval, or compliance. tobacco products contained in such regulations found, many smokers mistakenly believe that (47) In August 2006 a United States district are substantially related to accomplishing the ‘‘low tar’’ and ‘‘light’’ cigarettes cause fewer court judge found that the major United States public health goals of this division. health problems than other cigarettes. As the cigarette companies continue to target and mar- (31) The regulations described in paragraph National Cancer Institute has also found, mis- ket to youth. USA v. Philip Morris, USA, Inc., (30) will directly and materially advance the taken beliefs about the health consequences of et al. (Civil Action No. 99–2496 (GK), August 17, Federal Government’s substantial interest in re- smoking ‘‘low tar’’ and ‘‘light’’ cigarettes can 2006). ducing the number of children and adolescents reduce the motivation to quit smoking entirely (48) In August 2006 a United States district who use cigarettes and smokeless tobacco and in and thereby lead to disease and death. court judge found that the major United States preventing the life-threatening health con- (39) Recent studies have demonstrated that cigarette companies dramatically increased their sequences associated with tobacco use. An over- there has been no reduction in risk on a popu- advertising and promotional spending in ways whelming majority of Americans who use to- lation-wide basis from ‘‘low tar’’ and ‘‘light’’ that encourage youth to start smoking subse- bacco products begin using such products while cigarettes, and such products may actually in- quent to the signing of the Master Settlement they are minors and become addicted to the nic- crease the risk of tobacco use. Agreement in 1998. USA v. Philip Morris, USA, otine in those products before reaching the age (40) The dangers of products sold or distrib- Inc., et al. (Civil Action No. 99–2496 (GK), Au- of 18. Tobacco advertising and promotion play a uted as modified risk tobacco products that do gust 17, 2006).

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14911 (49) In August 2006 a United States district ulations promulgated under this division (or (3) by inserting after chapter VIII the fol- court judge found that the major United States under such amendments), or the application of lowing: cigarette companies have designed their ciga- any such provision to any person or cir- ‘‘CHAPTER IX—TOBACCO PRODUCTS rettes to precisely control nicotine delivery levels cumstance is held to be invalid, the remainder of ‘‘SEC. 900. DEFINITIONS. and provide doses of nicotine sufficient to create this division, such amendments and such regu- ‘‘In this chapter: and sustain addiction while also concealing lations, and the application of such provisions ‘‘(1) ADDITIVE.—The term ‘additive’ means much of their nicotine-related research. USA v. to any other person or circumstance shall not be any substance the intended use of which results Philip Morris, USA, Inc., et al. (Civil Action No. affected and shall continue to be enforced to the or may reasonably be expected to result, directly 99–2496 (GK), August 17, 2006). fullest extent possible. or indirectly, in its becoming a component or SEC. 3. PURPOSE. SEC. 6. MODIFICATION OF DEADLINES FOR SEC- otherwise affecting the characteristic of any to- The purposes of this division are— RETARIAL ACTION. bacco product (including any substances in- (1) to provide authority to the Food and Drug (a) DELAYED COMMENCEMENT OF DATES FOR tended for use as a flavoring or coloring or in Administration to regulate tobacco products SECRETARIAL ACTION.— producing, manufacturing, packing, processing, under the Federal Food, Drug, and Cosmetic (1) IN GENERAL.—Except as provided in sub- preparing, treating, packaging, transporting, or Act (21 U.S.C. 301 et seq.), by recognizing it as section (c), with respect to any time periods holding), except that such term does not include the primary Federal regulatory authority with specified in this division (or in an amendment tobacco or a pesticide chemical residue in or on respect to the manufacture, marketing, and dis- made by this division) that begin on the date of raw tobacco or a pesticide chemical. tribution of tobacco products as provided for in enactment of this Act, within which the Sec- ‘‘(2) BRAND.—The term ‘brand’ means a vari- this division; retary of Health and Human Services is required ety of tobacco product distinguished by the to- (2) to ensure that the Food and Drug Admin- to carry out and complete specified activities, bacco used, tar content, nicotine content, fla- istration has the authority to address issues of the calculation of such time periods shall com- voring used, size, filtration, packaging, logo, particular concern to public health officials, es- mence on the date described in subsection (b). registered trademark, brand name, identifiable pecially the use of tobacco by young people and (2) LIMITATION.—Subsection (a) shall only pattern of colors, or any combination of such at- dependence on tobacco; apply with respect to obligations of the Sec- tributes. (3) to authorize the Food and Drug Adminis- retary of Health and Human Services that must ‘‘(3) CIGARETTE.—The term ‘cigarette’— tration to set national standards controlling the be completed within a specified time period and ‘‘(A) means a product that— manufacture of tobacco products and the iden- shall not apply to the obligations of any other ‘‘(i) is a tobacco product; and tity, public disclosure, and amount of ingredi- person or to any other provision of this division ‘‘(ii) meets the definition of the term ‘ciga- ents used in such products; (including the amendments made by this divi- rette’ in section 3(1) of the Federal Cigarette La- (4) to provide new and flexible enforcement sion) that do not create such obligations of the beling and Advertising Act; and authority to ensure that there is effective over- Secretary and are not contingent on actions by ‘‘(B) includes tobacco, in any form, that is sight of the tobacco industry’s efforts to de- the Secretary. functional in the product, which, because of its velop, introduce, and promote less harmful to- (b) DATE DESCRIBED.—The date described in appearance, the type of tobacco used in the bacco products; this subsection is the first day of the first fiscal filler, or its packaging and labeling, is likely to (5) to vest the Food and Drug Administration quarter following the initial 2 consecutive fiscal be offered to, or purchased by, consumers as a with the authority to regulate the levels of tar, quarters of fiscal year 2010 for which the Sec- cigarette or as roll-your-own tobacco. nicotine, and other harmful components of to- retary of Health and Human Services has col- ‘‘(4) CIGARETTE TOBACCO.—The term ‘cigarette bacco products; lected fees under section 919 of the Federal tobacco’ means any product that consists of (6) in order to ensure that consumers are bet- Food, Drug, and Cosmetic Act (as added by sec- loose tobacco that is intended for use by con- ter informed, to require tobacco product manu- tion 101). sumers in a cigarette. Unless otherwise stated, facturers to disclose research which has not pre- (c) EXCEPTION.—Subsection (a) shall not the requirements applicable to cigarettes under viously been made available, as well as research apply to any time period (or date) contained— this chapter shall also apply to cigarette to- (1) in section 102, except that the reference to generated in the future, relating to the health bacco. ‘‘180 days’’ in subsection (a)(1) of such section and dependency effects or safety of tobacco ‘‘(5) COMMERCE.—The term ‘commerce’ has shall be deemed to be ‘‘270 days’’; and products; the meaning given that term by section 3(2) of (2) in sections 201 through 204 (or the amend- (7) to continue to permit the sale of tobacco the Federal Cigarette Labeling and Advertising ments made by any such sections). products to adults in conjunction with measures Act. (d) ADJUSTMENT.—The Secretary of Health to ensure that they are not sold or accessible to ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The and Human Services may extend or reduce the term ‘counterfeit tobacco product’ means a to- underage purchasers; duration of one or more time periods to which (8) to impose appropriate regulatory controls bacco product (or the container or labeling of subsection (a) applies if the Secretary deter- on the tobacco industry; such a product) that, without authorization, mines appropriate, except that no such period (9) to promote cessation to reduce disease risk bears the trademark, trade name, or other iden- shall be extended for more than 90 days. and the social costs associated with tobacco-re- tifying mark, imprint, or device, or any likeness lated diseases; and TITLE I—AUTHORITY OF THE FOOD AND thereof, of a tobacco product listed in a registra- (10) to strengthen legislation against illicit DRUG ADMINISTRATION tion under section 905(i)(1). trade in tobacco products. SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ as regards a tobacco product means any person SEC. 4. SCOPE AND EFFECT. AND COSMETIC ACT. (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- who furthers the distribution of a tobacco prod- (a) INTENDED EFFECT.—Nothing in this divi- uct, whether domestic or imported, at any point sion (or an amendment made by this division) tion 201 of the Federal Food, Drug, and Cos- from the original place of manufacture to the shall be construed to— metic Act (21 U.S.C. 321) is amended by adding (1) establish a precedent with regard to any at the end the following: person who sells or distributes the product to in- ‘‘(rr)(1) The term ‘tobacco product’ means any other industry, situation, circumstance, or legal dividuals for personal consumption. Common product made or derived from tobacco that is in- action; or carriers are not considered distributors for pur- (2) affect any action pending in Federal, tended for human consumption, including any poses of this chapter. ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ State, or tribal court, or any agreement, consent component, part, or accessory of a tobacco prod- means any practice or conduct prohibited by decree, or contract of any kind. uct (except for raw materials other than tobacco law which relates to production, shipment, re- (b) AGRICULTURAL ACTIVITIES.—The provi- used in manufacturing a component, part, or sions of this division (or an amendment made by accessory of a tobacco product). ceipt, possession, distribution, sale, or purchase ‘‘(2) The term ‘tobacco product’ does not mean this division) which authorize the Secretary to of tobacco products including any practice or an article that is a drug under subsection (g)(1), take certain actions with regard to tobacco and conduct intended to facilitate such activity. a device under subsection (h), or a combination ‘‘(9) INDIAN COUNTRY.—The term ‘Indian tobacco products shall not be construed to affect product described in section 503(g). country’ has the meaning given such term in any authority of the Secretary of Agriculture ‘‘(3) The products described in paragraph (2) section 1151 of title 18, United States Code. under existing law regarding the growing, cul- shall be subject to chapter V of this Act. ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’ tivation, or curing of raw tobacco. ‘‘(4) A tobacco product shall not be marketed has the meaning given such term in section 4(e) (c) REVENUE ACTIVITIES.—The provisions of in combination with any other article or product of the Indian Self-Determination and Education this division (or an amendment made by this di- regulated under this Act (including a drug, bio- Assistance Act. vision) which authorize the Secretary to take logic, food, cosmetic, medical device, or a die- ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ certain actions with regard to tobacco products tary supplement).’’. means a product that— shall not be construed to affect any authority of (b) FDA AUTHORITY OVER TOBACCO PROD- ‘‘(A) is a tobacco product; and the Secretary of the Treasury under chapter 52 UCTS.—The Federal Food, Drug, and Cosmetic ‘‘(B) meets the definition of the term ‘little of the Internal Revenue Code of 1986. Act (21 U.S.C. 301 et seq.) is amended— cigar’ in section 3(7) of the Federal Cigarette SEC. 5. SEVERABILITY. (1) by redesignating chapter IX as chapter X; Labeling and Advertising Act. If any provision of this division, of the (2) by redesignating sections 901 through 910 ‘‘(12) NICOTINE.—The term ‘nicotine’ means amendments made by this division, or of the reg- as sections 1001 through 1010; and the chemical substance named 3-(1-Methyl-2-

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pyrrolidinyl) pyridine or C[10]H[14]N[2], includ- through rulemaking, that regulation under this ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO PROD- ing any salt or complex of nicotine. chapter of the actions described in such sub- UCT MANUFACTURERS.—The Secretary shall es- ‘‘(13) PACKAGE.—The term ‘package’ means a paragraph is appropriate for the protection of tablish within the Food and Drug Administra- pack, box, carton, or container of any kind or, the public health. tion an identifiable office to provide technical if no other container, any wrapping (including ‘‘(22) UNITED STATES.—The term ‘United and other nonfinancial assistance to small to- cellophane), in which a tobacco product is of- States’ means the 50 States of the United States bacco product manufacturers to assist them in fered for sale, sold, or otherwise distributed to of America and the District of Columbia, the complying with the requirements of this Act. consumers. Commonwealth of Puerto Rico, Guam, the Vir- ‘‘(g) CONSULTATION PRIOR TO RULEMAKING.— ‘‘(14) RETAILER.—The term ‘retailer’ means gin Islands, American Samoa, Wake Island, Prior to promulgating rules under this chapter, any person, government, or entity who sells to- Midway Islands, Kingman Reef, Johnston Atoll, the Secretary shall endeavor to consult with bacco products to individuals for personal con- the Northern Mariana Islands, and any other other Federal agencies as appropriate. sumption, or who operates a facility where self- trust territory or possession of the United ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. service displays of tobacco products are per- States. ‘‘A tobacco product shall be deemed to be mitted. ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO PROD- adulterated if— UCTS. ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term ‘‘(1) it consists in whole or in part of any ‘‘(a) IN GENERAL.—Tobacco products, includ- ‘roll-your-own tobacco’ means any tobacco filthy, putrid, or decomposed substance, or is ing modified risk tobacco products for which an product which, because of its appearance, type, otherwise contaminated by any added poisonous order has been issued in accordance with section packaging, or labeling, is suitable for use and or added deleterious substance that may render 911, shall be regulated by the Secretary under likely to be offered to, or purchased by, con- the product injurious to health; this chapter and shall not be subject to the pro- sumers as tobacco for making cigarettes. ‘‘(2) it has been prepared, packed, or held ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- visions of chapter V. ‘‘(b) APPLICABILITY.—This chapter shall apply under insanitary conditions whereby it may TURER.—The term ‘small tobacco product manu- have been contaminated with filth, or whereby facturer’ means a tobacco product manufacturer to all cigarettes, cigarette tobacco, roll-your- own tobacco, and smokeless tobacco and to any it may have been rendered injurious to health; that employs fewer than 350 employees. For pur- ‘‘(3) its package is composed, in whole or in poses of determining the number of employees of other tobacco products that the Secretary by regulation deems to be subject to this chapter. part, of any poisonous or deleterious substance a manufacturer under the preceding sentence, which may render the contents injurious to the employees of a manufacturer are deemed to ‘‘(c) SCOPE.— ‘‘(1) IN GENERAL.—Nothing in this chapter, or health; include the employees of each entity that con- any policy issued or regulation promulgated ‘‘(4) the manufacturer or importer of the to- trols, is controlled by, or is under common con- thereunder, or in sections 101(a), 102, or 103 of bacco product fails to pay a user fee assessed to trol with such manufacturer. title I, title II, or title III of the Family Smoking such manufacturer or importer pursuant to sec- ‘‘(17) SMOKE CONSTITUENT.—The term ‘smoke Prevention and Tobacco Control Act, shall be tion 919 by the date specified in section 919 or by constituent’ means any chemical or chemical construed to affect, expand, or limit the Sec- the 30th day after final agency action on a reso- compound in mainstream or sidestream tobacco retary’s authority over (including the authority lution of any dispute as to the amount of such smoke that either transfers from any component to determine whether products may be regu- fee; of the cigarette to the smoke or that is formed by lated), or the regulation of, products under this ‘‘(5) it is, or purports to be or is represented the combustion or heating of tobacco, additives, Act that are not tobacco products under chapter as, a tobacco product which is subject to a to- or other component of the tobacco product. V or any other chapter. bacco product standard established under sec- ‘‘(18) SMOKELESS TOBACCO.—The term ‘smoke- ‘‘(2) LIMITATION OF AUTHORITY.— tion 907 unless such tobacco product is in all re- less tobacco’ means any tobacco product that ‘‘(A) IN GENERAL.—The provisions of this spects in conformity with such standard; consists of cut, ground, powdered, or leaf to- chapter shall not apply to tobacco leaf that is ‘‘(6)(A) it is required by section 910(a) to have bacco and that is intended to be placed in the not in the possession of a manufacturer of to- premarket review and does not have an order in oral or nasal cavity. bacco products, or to the producers of tobacco effect under section 910(c)(1)(A)(i); or ‘‘(19) STATE; TERRITORY.—The terms ‘State’ leaf, including tobacco growers, tobacco ware- ‘‘(B) it is in violation of an order under sec- and ‘Territory’ shall have the meanings given to houses, and tobacco grower cooperatives, nor tion 910(c)(1)(A); such terms in section 201. shall any employee of the Food and Drug Ad- ‘‘(7) the methods used in, or the facilities or ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— ministration have any authority to enter onto a controls used for, its manufacture, packing, or The term ‘tobacco product manufacturer’ means farm owned by a producer of tobacco leaf with- storage are not in conformity with applicable re- any person, including any repacker or relabeler, out the written consent of such producer. quirements under section 906(e)(1) or an appli- who— ‘‘(B) EXCEPTION.—Notwithstanding subpara- cable condition prescribed by an order under ‘‘(A) manufactures, fabricates, assembles, graph (A), if a producer of tobacco leaf is also section 906(e)(2); or processes, or labels a tobacco product; or a tobacco product manufacturer or controlled by ‘‘(8) it is in violation of section 911. ‘‘(B) imports a finished tobacco product for a tobacco product manufacturer, the producer ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. sale or distribution in the United States. shall be subject to this chapter in the producer’s ‘‘(21) TOBACCO WAREHOUSE.— capacity as a manufacturer. The exception in ‘‘(a) IN GENERAL.—A tobacco product shall be ‘‘(A) Subject to subparagraphs (B) and (C), this subparagraph shall not apply to a producer deemed to be misbranded— the term ‘tobacco warehouse’ includes any per- of tobacco leaf who grows tobacco under a con- ‘‘(1) if its labeling is false or misleading in any son— tract with a tobacco product manufacturer and particular; ‘‘(i) who— who is not otherwise engaged in the manufac- ‘‘(2) if in package form unless it bears a label ‘‘(I) removes foreign material from tobacco turing process. containing— leaf through nothing other than a mechanical ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this ‘‘(A) the name and place of business of the to- process; chapter shall be construed to grant the Sec- bacco product manufacturer, packer, or dis- ‘‘(II) humidifies tobacco leaf with nothing retary authority to promulgate regulations on tributor; other than potable water in the form of steam or any matter that involves the production of to- ‘‘(B) an accurate statement of the quantity of mist; or bacco leaf or a producer thereof, other than ac- the contents in terms of weight, measure, or nu- ‘‘(III) de-stems, dries, and packs tobacco leaf tivities by a manufacturer affecting production. merical count; for storage and shipment; ‘‘(d) RULEMAKING PROCEDURES.—Each rule- ‘‘(C) an accurate statement of the percentage ‘‘(ii) who performs no other actions with re- making under this chapter shall be in accord- of the tobacco used in the product that is domes- spect to tobacco leaf; and ance with chapter 5 of title 5, United States tically grown tobacco and the percentage that is ‘‘(iii) who provides to any manufacturer to Code. This subsection shall not be construed to foreign grown tobacco; and whom the person sells tobacco all information affect the rulemaking provisions of section ‘‘(D) the statement required under section related to the person’s actions described in 102(a) of the Family Smoking Prevention and 920(a), clause (i) that is necessary for compliance with Tobacco Control Act. except that under subparagraph (B) reasonable this Act. ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not variations shall be permitted, and exemptions as ‘‘(B) The term ‘tobacco warehouse’ excludes later than 90 days after the date of enactment of to small packages shall be established, by regu- any person who— the Family Smoking Prevention and Tobacco lations prescribed by the Secretary; ‘‘(i) reconstitutes tobacco leaf; Control Act, the Secretary shall establish within ‘‘(3) if any word, statement, or other informa- ‘‘(ii) is a manufacturer, distributor, or retailer the Food and Drug Administration the Center tion required by or under authority of this of a tobacco product; or for Tobacco Products, which shall report to the chapter to appear on the label or labeling is not ‘‘(iii) applies any chemical, additive, or sub- Commissioner of Food and Drugs in the same prominently placed thereon with such conspicu- stance to the tobacco leaf other than potable manner as the other agency centers within the ousness (as compared with other words, state- water in the form of steam or mist. Food and Drug Administration. The Center ments, or designs in the labeling) and in such ‘‘(C) The definition of the term ‘tobacco ware- shall be responsible for the implementation of terms as to render it likely to be read and under- house’ in subparagraph (A) shall not apply to this chapter and related matters assigned by the stood by the ordinary individual under cus- the extent to which the Secretary determines, Commissioner. tomary conditions of purchase and use;

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14913 ‘‘(4) if it has an established name, unless its ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- bacco products a new tobacco additive or in- label bears, to the exclusion of any other non- TION TO THE SECRETARY. creases the quantity of an existing tobacco addi- proprietary name, its established name promi- ‘‘(a) REQUIREMENT.—Each tobacco product tive, the manufacturer shall, except as provided nently printed in type as required by the Sec- manufacturer or importer, or agents thereof, in paragraph (3), at least 90 days prior to such retary by regulation; shall submit to the Secretary the following in- action so advise the Secretary in writing. ‘‘(5) if the Secretary has issued regulations re- formation: ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at quiring that its labeling bear adequate direc- ‘‘(1) Not later than 6 months after the date of any time a tobacco product manufacturer elimi- tions for use, or adequate warnings against use enactment of the Family Smoking Prevention nates or decreases an existing additive, or adds by children, that are necessary for the protec- and Tobacco Control Act, a listing of all ingre- or increases an additive that has by regulation tion of users unless its labeling conforms in all dients, including tobacco, substances, com- been designated by the Secretary as an additive respects to such regulations; pounds, and additives that are, as of such date, that is not a human or animal carcinogen, or ‘‘(6) if it was manufactured, prepared, propa- added by the manufacturer to the tobacco, otherwise harmful to health under intended gated, compounded, or processed in an estab- paper, filter, or other part of each tobacco prod- conditions of use, the manufacturer shall within lishment not duly registered under section uct by brand and by quantity in each brand 60 days of such action so advise the Secretary in 905(b), 905(c), 905(d), or 905(h), if it was not in- and subbrand. writing. cluded in a list required by section 905(i), if a ‘‘(2) A description of the content, delivery, ‘‘(d) DATA LIST.— notice or other information respecting it was not and form of nicotine in each tobacco product ‘‘(1) IN GENERAL.—Not later than 3 years after provided as required by such section or section measured in milligrams of nicotine in accord- the date of enactment of the Family Smoking 905(j), or if it does not bear such symbols from ance with regulations promulgated by the Sec- Prevention and Tobacco Control Act, and annu- the uniform system for identification of tobacco retary in accordance with section 4(e) of the ally thereafter, the Secretary shall publish in a products prescribed under section 905(e) as the Federal Cigarette Labeling and Advertising Act. format that is understandable and not mis- Secretary by regulation requires; ‘‘(3) Beginning 3 years after the date of enact- leading to a lay person, and place on public dis- ‘‘(7) if, in the case of any tobacco product dis- ment of the Family Smoking Prevention and To- play (in a manner determined by the Secretary) tributed or offered for sale in any State— bacco Control Act, a listing of all constituents, the list established under subsection (e). ‘‘(A) its advertising is false or misleading in including smoke constituents as applicable, ‘‘(2) CONSUMER RESEARCH.—The Secretary any particular; or identified by the Secretary as harmful or poten- shall conduct periodic consumer research to en- ‘‘(B) it is sold or distributed in violation of tially harmful to health in each tobacco prod- sure that the list published under paragraph (1) regulations prescribed under section 906(d); uct, and as applicable in the smoke of each to- is not misleading to lay persons. Not later than ‘‘(8) unless, in the case of any tobacco product bacco product, by brand and by quantity in 5 years after the date of enactment of the Fam- distributed or offered for sale in any State, the each brand and subbrand. Effective beginning 3 ily Smoking Prevention and Tobacco Control manufacturer, packer, or distributor thereof in- years after such date of enactment, the manu- Act, the Secretary shall submit to the appro- cludes in all advertisements and other descrip- facturer, importer, or agent shall comply with priate committees of Congress a report on the re- tive printed matter issued or caused to be issued regulations promulgated under section 915 in results of such research, together with rec- by the manufacturer, packer, or distributor with porting information under this paragraph, ommendations on whether such publication respect to that tobacco product— where applicable. should be continued or modified. ‘‘(A) a true statement of the tobacco product’s ‘‘(4) Beginning 6 months after the date of en- ‘‘(e) DATA COLLECTION.—Not later than 24 established name as described in paragraph (4), actment of the Family Smoking Prevention and months after the date of enactment of the Fam- printed prominently; and Tobacco Control Act, all documents developed ily Smoking Prevention and Tobacco Control ‘‘(B) a brief statement of— after such date of enactment that relate to Act, the Secretary shall establish, and periodi- ‘‘(i) the uses of the tobacco product and rel- health, toxicological, behavioral, or physiologic cally revise as appropriate, a list of harmful and evant warnings, precautions, side effects, and effects of current or future tobacco products, potentially harmful constituents, including contraindications; and their constituents (including smoke constitu- smoke constituents, to health in each tobacco ‘‘(ii) in the case of specific tobacco products ents), ingredients, components, and additives. product by brand and by quantity in each made subject to a finding by the Secretary after ATA SUBMISSION.—At the request of the ‘‘(b) D brand and subbrand. The Secretary shall pub- notice and opportunity for comment that such Secretary, each tobacco product manufacturer lish a public notice requesting the submission by action is appropriate to protect the public or importer of tobacco products, or agents there- interested persons of scientific and other infor- health, a full description of the components of of, shall submit the following: mation concerning the harmful and potentially such tobacco product or the formula showing ‘‘(1) Any or all documents (including under- harmful constituents in tobacco products and quantitatively each ingredient of such tobacco lying scientific information) relating to research tobacco smoke. product to the extent required in regulations activities, and research findings, conducted, which shall be issued by the Secretary after an supported, or possessed by the manufacturer (or ‘‘SEC. 905. ANNUAL REGISTRATION. opportunity for a hearing; agents thereof) on the health, toxicological, be- ‘‘(a) DEFINITIONS.—In this section: ‘‘(9) if it is a tobacco product subject to a to- havioral, or physiologic effects of tobacco prod- ‘‘(1) MANUFACTURE, PREPARATION, bacco product standard established under sec- ucts and their constituents (including smoke COMPOUNDING, OR PROCESSING.—The term ‘man- tion 907, unless it bears such labeling as may be constituents), ingredients, components, and ad- ufacture, preparation, compounding, or proc- prescribed in such tobacco product standard; or ditives. essing’ shall include repackaging or otherwise ‘‘(10) if there was a failure or refusal— ‘‘(2) Any or all documents (including under- changing the container, wrapper, or labeling of ‘‘(A) to comply with any requirement pre- lying scientific information) relating to research any tobacco product package in furtherance of scribed under section 904 or 908; or activities, and research findings, conducted, the distribution of the tobacco product from the ‘‘(B) to furnish any material or information supported, or possessed by the manufacturer (or original place of manufacture to the person who required under section 909. agents thereof) that relate to the issue of wheth- makes final delivery or sale to the ultimate con- ‘‘(b) PRIOR APPROVAL OF LABEL STATE- er a reduction in risk to health from tobacco sumer or user. MENTS.—The Secretary may, by regulation, re- products can occur upon the employment of ‘‘(2) NAME.—The term ‘name’ shall include in quire prior approval of statements made on the technology available or known to the manufac- the case of a partnership the name of each part- label of a tobacco product to ensure that such turer. ner and, in the case of a corporation, the name statements do not violate the misbranding provi- ‘‘(3) Any or all documents (including under- of each corporate officer and director, and the sions of subsection (a) and that such statements lying scientific or financial information) relat- State of incorporation. comply with other provisions of the Family ing to marketing research involving the use of ‘‘(b) REGISTRATION BY OWNERS AND OPERA- Smoking Prevention and Tobacco Control Act tobacco products or marketing practices and the TORS.—On or before December 31 of each year, (including the amendments made by such Act). effectiveness of such practices used by tobacco every person who owns or operates any estab- No regulation issued under this subsection may manufacturers and distributors. lishment in any State engaged in the manufac- require prior approval by the Secretary of the An importer of a tobacco product not manufacture, preparation, compounding, or processing content of any advertisement, except for modi- tured in the United States shall supply the in- of a tobacco product or tobacco products shall fied risk tobacco products as provided in section formation required of a tobacco product manu- register with the Secretary the name, places of 911. No advertisement of a tobacco product pub- facturer under this subsection. business, and all such establishments of that lished after the date of enactment of the Family ‘‘(c) TIME FOR SUBMISSION.— person. If enactment of the Family Smoking Smoking Prevention and Tobacco Control Act ‘‘(1) IN GENERAL.—At least 90 days prior to the Prevention and Tobacco Control Act occurs in shall, with respect to the language of label delivery for introduction into interstate com- the second half of the calendar year, the Sec- statements as prescribed under section 4 of the merce of a tobacco product not on the market on retary shall designate a date no later than 6 Federal Cigarette Labeling and Advertising Act the date of enactment of the Family Smoking months into the subsequent calendar year by and section 3 of the Comprehensive Smokeless Prevention and Tobacco Control Act, the manu- which registration pursuant to this subsection Tobacco Health Education Act of 1986 or the facturer of such product shall provide the infor- shall occur. regulations issued under such sections, be sub- mation required under subsection (a). ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- ject to the provisions of sections 12 through 15 of ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any time ERATORS.—Every person upon first engaging in the Federal Trade Commission Act. a tobacco product manufacturer adds to its to- the manufacture, preparation, compounding, or

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14914 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 processing of a tobacco product or tobacco prod- upon request made by the Secretary for good ‘‘(ii) the tobacco product is modified within ucts in any establishment owned or operated in cause, a copy of all advertisements for a par- the meaning of paragraph (3), the modifications any State by that person shall immediately reg- ticular tobacco product; and are to a product that is commercially marketed ister with the Secretary that person’s name, ‘‘(C) if the registrant filing a list has deter- and in compliance with the requirements of this place of business, and such establishment. mined that a tobacco product contained in such Act, and all of the modifications are covered by ‘‘(d) REGISTRATION OF ADDED ESTABLISH- list is not subject to a tobacco product standard exemptions granted by the Secretary pursuant MENTS.—Every person required to register under established under section 907, a brief statement to paragraph (3); and subsection (b) or (c) shall immediately register of the basis upon which the registrant made ‘‘(B) action taken by such person to comply with the Secretary any additional establishment such determination if the Secretary requests with the requirements under section 907 that are which that person owns or operates in any State such a statement with respect to that particular applicable to the tobacco product. and in which that person begins the manufac- tobacco product. ‘‘(2) APPLICATION TO CERTAIN POST-FEBRUARY ture, preparation, compounding, or processing ‘‘(2) CONSULTATION WITH RESPECT TO FORMS.— 15, 2007, PRODUCTS.—A report under this sub- of a tobacco product or tobacco products. The Secretary shall consult with the Secretary section for a tobacco product that was first in- ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- of the Treasury in developing the forms to be troduced or delivered for introduction into inter- TEM.—The Secretary may by regulation pre- used for registration under this section to mini- state commerce for commercial distribution in scribe a uniform system for the identification of mize the burden on those persons required to the United States after February 15, 2007, and tobacco products and may require that persons register with both the Secretary and the Tax prior to the date that is 21 months after the date who are required to list such tobacco products and Trade Bureau of the Department of the of enactment of the Family Smoking Prevention under subsection (i) shall list such tobacco prod- Treasury. and Tobacco Control Act shall be submitted to ucts in accordance with such system. ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN the Secretary not later than 21 months after ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- PRODUCT LIST.—Each person who registers with such date of enactment. MATION.—The Secretary shall make available for the Secretary under this section shall report to ‘‘(3) EXEMPTIONS.— inspection, to any person so requesting, any reg- the Secretary once during the month of June of ‘‘(A) IN GENERAL.—The Secretary may exempt istration filed under this section. each year and once during the month of Decem- from the requirements of this subsection relating ‘‘(g) BIENNIAL INSPECTION OF REGISTERED ES- ber of each year the following: to the demonstration that a tobacco product is ‘‘(A) A list of each tobacco product introduced TABLISHMENTS.—Every establishment registered substantially equivalent within the meaning of with the Secretary under this section shall be by the registrant for commercial distribution section 910, tobacco products that are modified subject to inspection under section 704 or sub- which has not been included in any list pre- by adding or deleting a tobacco additive, or in- section (h), and every such establishment en- viously filed by that person with the Secretary creasing or decreasing the quantity of an exist- gaged in the manufacture, compounding, or under this subparagraph or paragraph (1). A ing tobacco additive, if the Secretary determines processing of a tobacco product or tobacco prod- list under this subparagraph shall list a tobacco that— ucts shall be so inspected by 1 or more officers product by its established name and shall be ac- ‘‘(i) such modification would be a minor modi- or employees duly designated by the Secretary companied by the other information required by fication of a tobacco product that can be sold at least once in the 2-year period beginning with paragraph (1). under this Act; ‘‘(B) If since the date the registrant last made ‘‘(ii) a report under this subsection is not nec- the date of registration of such establishment a report under this paragraph that person has essary to ensure that permitting the tobacco under this section and at least once in every discontinued the manufacture, preparation, product to be marketed would be appropriate for successive 2-year period thereafter. compounding, or processing for commercial dis- protection of the public health; and ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- tribution of a tobacco product included in a list ‘‘(iii) an exemption is otherwise appropriate. MENTS.—Any establishment within any foreign filed under subparagraph (A) or paragraph (1), ‘‘(B) REGULATIONS.—Not later than 15 months country engaged in the manufacture, prepara- notice of such discontinuance, the date of such after the date of enactment of the Family Smok- tion, compounding, or processing of a tobacco discontinuance, and the identity of its estab- ing Prevention and Tobacco Control Act, the product or tobacco products, shall register under lished name. Secretary shall issue regulations to implement this section under regulations promulgated by ‘‘(C) If since the date the registrant reported this paragraph. the Secretary. Such regulations shall require under subparagraph (B) a notice of discontinu- ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING such establishment to provide the information ance that person has resumed the manufacture, CONTROL OF TOBACCO PRODUCTS. required by subsection (i) and shall include pro- preparation, compounding, or processing for ‘‘(a) IN GENERAL.—Any requirement estab- visions for registration of any such establish- commercial distribution of the tobacco product lished by or under section 902, 903, 905, or 909 ment upon condition that adequate and effec- with respect to which such notice of discontinu- applicable to a tobacco product shall apply to tive means are available, by arrangement with ance was reported, notice of such resumption, such tobacco product until the applicability of the government of such foreign country or oth- the date of such resumption, the identity of the requirement to the tobacco product has been erwise, to enable the Secretary to determine such tobacco product by established name, and changed by action taken under section 907, sec- from time to time whether tobacco products other information required by paragraph (1), tion 910, section 911, or subsection (d) of this manufactured, prepared, compounded, or proc- unless the registrant has previously reported section, and any requirement established by or essed in such establishment, if imported or of- such resumption to the Secretary under this under section 902, 903, 905, or 909 which is in- fered for import into the United States, shall be subparagraph. consistent with a requirement imposed on such refused admission on any of the grounds set ‘‘(D) Any material change in any information tobacco product under section 907, section 910, forth in section 801(a). previously submitted under this paragraph or section 911, or subsection (d) of this section shall ‘‘(i) REGISTRATION INFORMATION.— paragraph (1). not apply to such tobacco product. ‘‘(1) PRODUCT LIST.—Every person who reg- ‘‘(j) REPORT PRECEDING INTRODUCTION OF ‘‘(b) INFORMATION ON PUBLIC ACCESS AND isters with the Secretary under subsection (b), CERTAIN SUBSTANTIALLY EQUIVALENT PRODUCTS COMMENT.—Each notice of proposed rulemaking (c), (d), or (h) shall, at the time of registration INTO INTERSTATE COMMERCE.— or other notification under section 907, 908, 909, under any such subsection, file with the Sec- ‘‘(1) IN GENERAL.—Each person who is re- 910, or 911 or under this section, any other no- retary a list of all tobacco products which are quired to register under this section and who tice which is published in the Federal Register being manufactured, prepared, compounded, or proposes to begin the introduction or delivery with respect to any other action taken under processed by that person for commercial dis- for introduction into interstate commerce for any such section and which states the reasons tribution and which have not been included in commercial distribution of a tobacco product infor such action, and each publication of find- any list of tobacco products filed by that person tended for human use that was not commer- ings required to be made in connection with with the Secretary under this paragraph or cially marketed (other than for test marketing) rulemaking under any such section shall set paragraph (2) before such time of registration. in the United States as of February 15, 2007, forth— Such list shall be prepared in such form and shall, at least 90 days prior to making such in- ‘‘(1) the manner in which interested persons manner as the Secretary may prescribe and shall troduction or delivery, report to the Secretary may examine data and other information on be accompanied by— (in such form and manner as the Secretary shall which the notice or findings is based; and ‘‘(A) in the case of a tobacco product con- prescribe)— ‘‘(2) the period within which interested per- tained in the applicable list with respect to ‘‘(A) the basis for such person’s determination sons may present their comments on the notice which a tobacco product standard has been es- that— or findings (including the need therefore) orally tablished under section 907 or which is subject ‘‘(i) the tobacco product is substantially or in writing, which period shall be at least 60 to section 910, a reference to the authority for equivalent, within the meaning of section 910, to days but may not exceed 90 days unless the time the marketing of such tobacco product and a a tobacco product commercially marketed (other is extended by the Secretary by a notice pub- copy of all labeling for such tobacco product; than for test marketing) in the United States as lished in the Federal Register stating good cause ‘‘(B) in the case of any other tobacco product of February 15, 2007, or to a tobacco product therefore. contained in an applicable list, a copy of all that the Secretary has previously determined, ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- consumer information and other labeling for pursuant to subsection (a)(3) of section 910, is TION.—Any information reported to or otherwise such tobacco product, a representative sampling substantially equivalent and that is in compli- obtained by the Secretary or the Secretary’s rep- of advertisements for such tobacco product, and, ance with the requirements of this Act; or resentative under section 903, 904, 907, 908, 909,

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910, 911, or 704, or under subsection (e) or (f) of or distributed through means other than a di- ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS this section, which is exempt from disclosure rect, face-to-face exchange between a retailer SCIENTIFIC ADVISORY COMMITTEE.—The Sec- under subsection (a) of section 552 of title 5, and a consumer in order to protect individuals retary may refer to the Tobacco Products Sci- United States Code, by reason of subsection who have not attained the minimum age estab- entific Advisory Committee any petition sub- (b)(4) of that section shall be considered con- lished by applicable law for the purchase of mitted under subparagraph (A). The Tobacco fidential and shall not be disclosed, except that such products. Products Scientific Advisory Committee shall re- the information may be disclosed to other offi- ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- port its recommendations to the Secretary with cers or employees concerned with carrying out ing in this paragraph limits the authority of the respect to a petition referred to it within 60 days this chapter, or when relevant in any pro- Secretary to take additional actions under the after the date of the petition’s referral. Within ceeding under this chapter. other paragraphs of this subsection. 60 days after— ‘‘(d) RESTRICTIONS.— ‘‘(e) GOOD MANUFACTURING PRACTICE RE- ‘‘(i) the date the petition was submitted to the ‘‘(1) IN GENERAL.—The Secretary may by regu- QUIREMENTS.— Secretary under subparagraph (A); or lation require restrictions on the sale and dis- ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO ‘‘(ii) the day after the petition was referred to tribution of a tobacco product, including restric- CONFORM.— the Tobacco Products Scientific Advisory Com- tions on the access to, and the advertising and ‘‘(A) IN GENERAL.—In applying manufac- mittee, promotion of, the tobacco product, if the Sec- turing restrictions to tobacco, the Secretary whichever occurs later, the Secretary shall by retary determines that such regulation would be shall, in accordance with subparagraph (B), order either deny the petition or approve it. appropriate for the protection of the public prescribe regulations (which may differ based on ‘‘(C) APPROVAL.—The Secretary may ap- health. The Secretary may by regulation impose the type of tobacco product involved) requiring prove— restrictions on the advertising and promotion of that the methods used in, and the facilities and ‘‘(i) a petition for an exemption for a tobacco a tobacco product consistent with and to full ex- controls used for, the manufacture, product from a requirement if the Secretary de- tent permitted by the first amendment to the preproduction design validation (including a termines that compliance with such requirement Constitution. The finding as to whether such process to assess the performance of a tobacco is not required to assure that the tobacco prod- regulation would be appropriate for the protec- product), packing, and storage of a tobacco uct will be in compliance with this chapter; and tion of the public health shall be determined product conform to current good manufacturing ‘‘(ii) a petition for a variance for a tobacco with respect to the risks and benefits to the pop- practice, or hazard analysis and critical control product from a requirement if the Secretary de- ulation as a whole, including users and point methodology, as prescribed in such regula- termines that the methods to be used in, and the nonusers of the tobacco product, and taking tions to assure that the public health is pro- facilities and controls to be used for, the manu- into account— tected and that the tobacco product is in compli- facture, packing, and storage of the tobacco ‘‘(A) the increased or decreased likelihood ance with this chapter. Such regulations may product in lieu of the methods, facilities, and that existing users of tobacco products will stop provide for the testing of raw tobacco for pes- controls prescribed by the requirement are suffi- using such products; and ticide chemical residues regardless of whether a cient to assure that the tobacco product will be ‘‘(B) the increased or decreased likelihood tolerance for such chemical residues has been in compliance with this chapter. that those who do not use tobacco products will established. ‘‘(D) CONDITIONS.—An order of the Secretary start using such products. ‘‘(B) REQUIREMENTS.—The Secretary shall— approving a petition for a variance shall pre- ‘‘(i) before promulgating any regulation under No such regulation may require that the sale or scribe such conditions respecting the methods subparagraph (A), afford the Tobacco Products distribution of a tobacco product be limited to used in, and the facilities and controls used for, Scientific Advisory Committee an opportunity to the written or oral authorization of a practi- the manufacture, packing, and storage of the submit recommendations with respect to the reg- tioner licensed by law to prescribe medical prod- tobacco product to be granted the variance ulation proposed to be promulgated; ucts. under the petition as may be necessary to assure ‘‘(ii) before promulgating any regulation ‘‘(2) LABEL STATEMENTS.—The label of a to- that the tobacco product will be in compliance under subparagraph (A), afford opportunity for bacco product shall bear such appropriate state- with this chapter. an oral hearing; ments of the restrictions required by a regula- ‘‘(E) HEARING.—After the issuance of an order ‘‘(iii) provide the Tobacco Products Scientific tion under subsection (a) as the Secretary may under subparagraph (B) respecting a petition, Advisory Committee a reasonable time to make in such regulation prescribe. the petitioner shall have an opportunity for an its recommendation with respect to proposed ‘‘(3) LIMITATIONS.— informal hearing on such order. regulations under subparagraph (A); ‘‘(3) COMPLIANCE.—Compliance with require- ‘‘(A) IN GENERAL.—No restrictions under para- ‘‘(iv) in establishing the effective date of a ments under this subsection shall not be re- graph (1) may— regulation promulgated under this subsection, quired before the end of the 3-year period fol- ‘‘(i) prohibit the sale of any tobacco product take into account the differences in the manner lowing the date of enactment of the Family in face-to-face transactions by a specific cat- in which the different types of tobacco products Smoking Prevention and Tobacco Control Act. egory of retail outlets; or have historically been produced, the financial ‘‘(f) RESEARCH AND DEVELOPMENT.—The Sec- ‘‘(ii) establish a minimum age of sale of to- resources of the different tobacco product manu- bacco products to any person older than 18 retary may enter into contracts for research, facturers, and the state of their existing manu- testing, and demonstrations respecting tobacco years of age. facturing facilities, and shall provide for a rea- ‘‘(B) MATCHBOOKS.—For purposes of any reg- products and may obtain tobacco products for sonable period of time for such manufacturers to research, testing, and demonstration purposes. ulations issued by the Secretary, matchbooks of conform to good manufacturing practices; and conventional size containing not more than 20 ‘‘(v) not require any small tobacco product ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. paper matches, and which are customarily given manufacturer to comply with a regulation under ‘‘(a) IN GENERAL.— away for free with the purchase of tobacco subparagraph (A) for at least 4 years following ‘‘(1) SPECIAL RULES.— products, shall be considered as adult-written the effective date established by the Secretary ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Begin- publications which shall be permitted to contain for such regulation. ning 3 months after the date of enactment of the advertising. Notwithstanding the preceding sen- ‘‘(2) EXEMPTIONS; VARIANCES.— Family Smoking Prevention and Tobacco Con- tence, if the Secretary finds that such treatment ‘‘(A) PETITION.—Any person subject to any re- trol Act, a cigarette or any of its component of matchbooks is not appropriate for the protec- quirement prescribed under paragraph (1) may parts (including the tobacco, filter, or paper) tion of the public health, the Secretary may de- petition the Secretary for a permanent or tem- shall not contain, as a constituent (including a termine by regulation that matchbooks shall not porary exemption or variance from such require- smoke constituent) or additive, an artificial or be considered adult-written publications. ment. Such a petition shall be submitted to the natural flavor (other than tobacco or menthol) ‘‘(4) REMOTE SALES.— Secretary in such form and manner as the Sec- or an herb or spice, including strawberry, grape, ‘‘(A) IN GENERAL.—The Secretary shall— retary shall prescribe and shall— orange, clove, cinnamon, pineapple, vanilla, co- ‘‘(i) within 18 months after the date of enact- ‘‘(i) in the case of a petition for an exemption conut, licorice, cocoa, chocolate, cherry, or cof- ment of the Family Smoking Prevention and To- from a requirement, set forth the basis for the fee, that is a characterizing flavor of the tobacco Control Act, promulgate regulations re- petitioner’s determination that compliance with bacco product or tobacco smoke. Nothing in this garding the sale and distribution of tobacco the requirement is not required to assure that subparagraph shall be construed to limit the products that occur through means other than a the tobacco product will be in compliance with Secretary’s authority to take action under this direct, face-to-face exchange between a retailer this chapter; section or other sections of this Act applicable to and a consumer in order to prevent the sale and ‘‘(ii) in the case of a petition for a variance menthol or any artificial or natural flavor, herb, distribution of tobacco products to individuals from a requirement, set forth the methods pro- or spice not specified in this subparagraph. who have not attained the minimum age estab- posed to be used in, and the facilities and con- ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning 2 lished by applicable law for the purchase of trols proposed to be used for, the manufacture, years after the date of enactment of the Family such products, including requirements for age packing, and storage of the tobacco product in Smoking Prevention and Tobacco Control Act, a verification; and lieu of the methods, facilities, and controls pre- tobacco product manufacturer shall not use to- ‘‘(ii) within 2 years after such date of enact- scribed by the requirement; and bacco, including foreign grown tobacco, that ment, issue regulations to address the promotion ‘‘(iii) contain such other information as the contains a pesticide chemical residue that is at and marketing of tobacco products that are sold Secretary shall prescribe. a level greater than is specified by any tolerance

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applicable under Federal law to domestically ‘‘(5) PERIODIC REEVALUATION OF TOBACCO ‘‘(A) if the Secretary determines that the grown tobacco. PRODUCT STANDARDS.—The Secretary shall pro- standard would be appropriate for the protec- ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- vide for periodic evaluation of tobacco product tion of the public health, promulgate a regula- ARDS.—The Secretary may revise the tobacco standards established under this section to de- tion establishing a tobacco product standard product standards in paragraph (1) in accord- termine whether such standards should be and publish in the Federal Register findings on ance with subsection (c). changed to reflect new medical, scientific, or the matters referred to in subsection (c); or ‘‘(3) TOBACCO PRODUCT STANDARDS.— other technological data. The Secretary may ‘‘(B) publish a notice terminating the pro- ‘‘(A) IN GENERAL.—The Secretary may adopt provide for testing under paragraph (4)(B) by ceeding for the development of the standard to- tobacco product standards in addition to those any person. gether with the reasons for such termination. in paragraph (1) if the Secretary finds that a to- ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- ‘‘(2) EFFECTIVE DATE.—A regulation estab- bacco product standard is appropriate for the FORMED PERSONS.—In carrying out duties under lishing a tobacco product standard shall set protection of the public health. this section, the Secretary shall endeavor to— forth the date or dates upon which the standard ‘‘(B) DETERMINATIONS.— ‘‘(A) use personnel, facilities, and other tech- shall take effect, but no such regulation may ‘‘(i) CONSIDERATIONS.—In making a finding nical support available in other Federal agen- take effect before 1 year after the date of its described in subparagraph (A), the Secretary cies; publication unless the Secretary determines that shall consider scientific evidence concerning— ‘‘(B) consult with other Federal agencies con- an earlier effective date is necessary for the pro- ‘‘(I) the risks and benefits to the population cerned with standard setting and other nation- tection of the public health. Such date or dates as a whole, including users and nonusers of to- ally or internationally recognized standard-set- shall be established so as to minimize, consistent bacco products, of the proposed standard; ting entities; and with the public health, economic loss to, and ‘‘(II) the increased or decreased likelihood ‘‘(C) invite appropriate participation, through disruption or dislocation of, domestic and inter- that existing users of tobacco products will stop joint or other conferences, workshops, or other national trade. In establishing such effective using such products; and means, by informed persons representative of date or dates, the Secretary shall consider infor- ‘‘(III) the increased or decreased likelihood scientific, professional, industry, agricultural, mation submitted in connection with a proposed that those who do not use tobacco products will or consumer organizations who in the Sec- product standard by interested parties, includ- start using such products. retary’s judgment can make a significant con- ing manufacturers and tobacco growers, regard- ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the tribution. ing the technical achievability of compliance event that the Secretary makes a determination, ‘‘(b) CONSIDERATIONS BY SECRETARY.— with the standard, and including information set forth in a proposed tobacco product stand- ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- concerning the existence of patents that make it ard in a proposed rule, that it is appropriate for retary shall consider information submitted in impossible to comply in the timeframe envisioned the protection of public health to require the re- connection with a proposed standard regarding in the proposed standard. If the Secretary deter- duction or elimination of an additive, con- the technical achievability of compliance with mines, based on the Secretary’s evaluation of stituent (including a smoke constituent), or such standard. submitted comments, that a product standard other component of a tobacco product because ‘‘(2) OTHER CONSIDERATIONS.—The Secretary can be met only by manufacturers requiring the Secretary has found that the additive, con- shall consider all other information submitted in substantial changes to the methods of farming stituent, or other component is or may be harm- connection with a proposed standard, including the domestically grown tobacco used by the ful, any party objecting to the proposed stand- information concerning the countervailing ef- manufacturer, the effective date of that product ard on the ground that the proposed standard fects of the tobacco product standard on the standard shall be not less than 2 years after the will not reduce or eliminate the risk of illness or health of adolescent tobacco users, adult to- date of publication of the final regulation estab- injury may provide for the Secretary’s consider- bacco users, or nontobacco users, such as the lishing the standard. ation scientific evidence that demonstrates that creation of a significant demand for contraband ‘‘(3) LIMITATION ON POWER GRANTED TO THE the proposed standard will not reduce or elimi- or other tobacco products that do not meet the FOOD AND DRUG ADMINISTRATION.—Because of nate the risk of illness or injury. requirements of this chapter and the signifi- the importance of a decision of the Secretary to ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- cance of such demand. issue a regulation— ARDS.—A tobacco product standard established ‘‘(c) PROPOSED STANDARDS.— ‘‘(A) banning all cigarettes, all smokeless to- under this section for a tobacco product— ‘‘(1) IN GENERAL.—The Secretary shall publish bacco products, all little cigars, all cigars other ‘‘(A) shall include provisions that are appro- in the Federal Register a notice of proposed than little cigars, all pipe tobacco, or all roll- priate for the protection of the public health, in- rulemaking for the establishment, amendment, your-own tobacco products; or cluding provisions, where appropriate— or revocation of any tobacco product standard. ‘‘(B) requiring the reduction of nicotine yields ‘‘(i) for nicotine yields of the product; ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of of a tobacco product to zero, ‘‘(ii) for the reduction or elimination of other proposed rulemaking for the establishment or the Secretary is prohibited from taking such ac- constituents, including smoke constituents, or amendment of a tobacco product standard for a tions under this Act. harmful components of the product; or tobacco product shall— ‘‘(4) AMENDMENT; REVOCATION.— ‘‘(iii) relating to any other requirement under ‘‘(A) set forth a finding with supporting jus- ‘‘(A) AUTHORITY.—The Secretary, upon the subparagraph (B); tification that the tobacco product standard is Secretary’s own initiative or upon petition of an ‘‘(B) shall, where appropriate for the protec- appropriate for the protection of the public interested person, may by a regulation, promul- tion of the public health, include— health; gated in accordance with the requirements of ‘‘(i) provisions respecting the construction, ‘‘(B) invite interested persons to submit a subsection (c) and paragraph (2), amend or re- components, ingredients, additives, constituents, draft or proposed tobacco product standard for voke a tobacco product standard. including smoke constituents, and properties of consideration by the Secretary; ‘‘(B) EFFECTIVE DATE.—The Secretary may de- the tobacco product; ‘‘(C) invite interested persons to submit com- clare a proposed amendment of a tobacco prod- ‘‘(ii) provisions for the testing (on a sample ments on structuring the standard so that it uct standard to be effective on and after its pub- basis or, if necessary, on an individual basis) of does not advantage foreign-grown tobacco over lication in the Federal Register and until the ef- the tobacco product; domestically grown tobacco; and fective date of any final action taken on such ‘‘(iii) provisions for the measurement of the to- ‘‘(D) invite the Secretary of Agriculture to amendment if the Secretary determines that bacco product characteristics of the tobacco provide any information or analysis which the making it so effective is in the public interest. product; Secretary of Agriculture believes is relevant to ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— ‘‘(iv) provisions requiring that the results of the proposed tobacco product standard. ‘‘(A) IN GENERAL.—The Secretary may refer a each or of certain of the tests of the tobacco ‘‘(3) FINDING.—A notice of proposed rule- proposed regulation for the establishment, product required to be made under clause (ii) making for the revocation of a tobacco product amendment, or revocation of a tobacco product show that the tobacco product is in conformity standard shall set forth a finding with sup- standard to the Tobacco Products Scientific Ad- with the portions of the standard for which the porting justification that the tobacco product visory Committee for a report and recommenda- test or tests were required; and standard is no longer appropriate for the protection with respect to any matter involved in the ‘‘(v) a provision requiring that the sale and tion of the public health. proposed regulation which requires the exercise distribution of the tobacco product be restricted ‘‘(4) COMMENT.—The Secretary shall provide of scientific judgment. but only to the extent that the sale and distribu- for a comment period of not less than 60 days. ‘‘(B) INITIATION OF REFERRAL.—The Secretary tion of a tobacco product may be restricted ‘‘(d) PROMULGATION.— may make a referral under this paragraph— under a regulation under section 906(d); ‘‘(1) IN GENERAL.—After the expiration of the ‘‘(i) on the Secretary’s own initiative; or ‘‘(C) shall, where appropriate, require the use period for comment on a notice of proposed rule- ‘‘(ii) upon the request of an interested person and prescribe the form and content of labeling making published under subsection (c) respect- that— for the proper use of the tobacco product; and ing a tobacco product standard and after con- ‘‘(I) demonstrates good cause for the referral; ‘‘(D) shall require tobacco products consideration of comments submitted under sub- and taining foreign-grown tobacco to meet the same sections (b) and (c) and any report from the To- ‘‘(II) is made before the expiration of the pe- standards applicable to tobacco products con- bacco Products Scientific Advisory Committee, riod for submission of comments on the proposed taining domestically grown tobacco. the Secretary shall— regulation.

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‘‘(C) PROVISION OF DATA.—If a proposed regu- and means best suited under the circumstances whenever the manufacturer or importer receives lation is referred under this paragraph to the involved, to all persons who should properly re- or otherwise becomes aware of information that Tobacco Products Scientific Advisory Com- ceive such notification in order to eliminate reasonably suggests that one of its marketed to- mittee, the Secretary shall provide the Advisory such risk. The Secretary may order notification bacco products may have caused or contributed Committee with the data and information on by any appropriate means, including public to a serious unexpected adverse experience asso- which such proposed regulation is based. service announcements. Before issuing an order ciated with the use of the product or any sig- ‘‘(D) REPORT AND RECOMMENDATION.—The under this subsection, the Secretary shall con- nificant increase in the frequency of a serious, Tobacco Products Scientific Advisory Committee sult with the persons who are to give notice expected adverse product experience; shall, within 60 days after the referral of a pro- under the order. ‘‘(2) shall require reporting of other signifi- posed regulation under this paragraph and after ‘‘(b) NO EXEMPTION FROM OTHER LIABILITY.— cant adverse tobacco product experiences as de- independent study of the data and information Compliance with an order issued under this sec- termined by the Secretary to be necessary to be furnished to it by the Secretary and other data tion shall not relieve any person from liability reported; and information before it, submit to the Sec- under Federal or State law. In awarding dam- ‘‘(3) shall not impose requirements unduly retary a report and recommendation respecting ages for economic loss in an action brought for burdensome to a tobacco product manufacturer such regulation, together with all underlying the enforcement of any such liability, the value or importer, taking into account the cost of com- data and information and a statement of the to the plaintiff in such action of any remedy plying with such requirements and the need for reason or basis for the recommendation. provided under such order shall be taken into the protection of the public health and the im- ‘‘(E) PUBLIC AVAILABILITY.—The Secretary account. plementation of this chapter; shall make a copy of each report and rec- ‘‘(c) RECALL AUTHORITY.— ‘‘(4) when prescribing the procedure for mak- ommendation under subparagraph (D) publicly ‘‘(1) IN GENERAL.—If the Secretary finds that ing requests for reports or information, shall re- available. there is a reasonable probability that a tobacco quire that each request made under such regula- ‘‘(e) MENTHOL CIGARETTES.— product contains a manufacturing or other de- tions for submission of a report or information ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- fect not ordinarily contained in tobacco prod- to the Secretary state the reason or purpose for diately upon the establishment of the Tobacco ucts on the market that would cause serious, such request and identify to the fullest extent Products Scientific Advisory Committee under adverse health consequences or death, the Sec- practicable such report or information; section 917(a), the Secretary shall refer to the retary shall issue an order requiring the appro- ‘‘(5) when requiring submission of a report or Committee for report and recommendation, priate person (including the manufacturers, im- information to the Secretary, shall state the rea- under section 917(c)(4), the issue of the impact porters, distributors, or retailers of the tobacco son or purpose for the submission of such report of the use of menthol in cigarettes on the public product) to immediately cease distribution of or information and identify to the fullest extent health, including such use among children, Af- such tobacco product. The order shall provide practicable such report or information; and rican-Americans, Hispanics, and other racial the person subject to the order with an oppor- ‘‘(6) may not require that the identity of any and ethnic minorities. In its review, the Tobacco tunity for an informal hearing, to be held not patient or user be disclosed in records, reports, Products Scientific Advisory Committee shall later than 10 days after the date of the issuance or information required under this subsection address the considerations listed in subsections of the order, on the actions required by the unless required for the medical welfare of an in- (a)(3)(B)(i) and (b). order and on whether the order should be dividual, to determine risks to public health of ‘‘(2) REPORT AND RECOMMENDATION.—Not amended to require a recall of such tobacco a tobacco product, or to verify a record, report, later than 1 year after its establishment, the To- product. If, after providing an opportunity for or information submitted under this chapter. bacco Product Scientific Advisory Committee such a hearing, the Secretary determines that In prescribing regulations under this subsection, shall submit to the Secretary the report and rec- inadequate grounds exist to support the actions the Secretary shall have due regard for the pro- ommendations required pursuant to paragraph required by the order, the Secretary shall vacate fessional ethics of the medical profession and (1). the order. the interests of patients. The prohibitions of ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- paragraph (6) continue to apply to records, re- subsection shall be construed to limit the Sec- CALL.— ports, and information concerning any indi- retary’s authority to take action under this sec- ‘‘(A) IN GENERAL.—If, after providing an op- vidual who has been a patient, irrespective of tion or other sections of this Act applicable to portunity for an informal hearing under para- whether or when he ceases to be a patient. menthol. graph (1), the Secretary determines that the ‘‘(b) REPORTS OF REMOVALS AND CORREC- ‘‘(f) DISSOLVABLE TOBACCO PRODUCTS.— order should be amended to include a recall of TIONS.— ‘‘(1) REFERRAL; CONSIDERATIONS.—The Sec- the tobacco product with respect to which the ‘‘(1) IN GENERAL.—Except as provided in para- retary shall refer to the Tobacco Products Sci- order was issued, the Secretary shall, except as graph (2), the Secretary shall by regulation re- entific Advisory Committee for report and rec- provided in subparagraph (B), amend the order quire a tobacco product manufacturer or im- ommendation, under section 917(c)(4), the issue to require a recall. The Secretary shall specify a porter of a tobacco product to report promptly to of the nature and impact of the use of dissolv- timetable in which the tobacco product recall the Secretary any corrective action taken or re- able tobacco products on the public health, in- will occur and shall require periodic reports to moval from the market of a tobacco product un- cluding such use among children. In its review, the Secretary describing the progress of the re- dertaken by such manufacturer or importer if the Tobacco Products Scientific Advisory Com- call. the removal or correction was undertaken— mittee shall address the considerations listed in ‘‘(B) NOTICE.—An amended order under sub- ‘‘(A) to reduce a risk to health posed by the subsection (a)(3)(B)(i). paragraph (A)— tobacco product; or ‘‘(2) REPORT AND RECOMMENDATION.—Not ‘‘(i) shall not include recall of a tobacco prod- ‘‘(B) to remedy a violation of this chapter later than 2 years after its establishment, the uct from individuals; and caused by the tobacco product which may Tobacco Product Scientific Advisory Committee ‘‘(ii) shall provide for notice to persons subject present a risk to health. shall submit to the Secretary the report and rec- to the risks associated with the use of such to- A tobacco product manufacturer or importer of ommendations required pursuant to paragraph bacco product. a tobacco product who undertakes a corrective (1). In providing the notice required by clause (ii), action or removal from the market of a tobacco ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this the Secretary may use the assistance of retailers product which is not required to be reported subsection shall be construed to limit the Sec- and other persons who distributed such tobacco under this subsection shall keep a record of such retary’s authority to take action under this sec- product. If a significant number of such persons correction or removal. tion or other sections of this Act at any time ap- cannot be identified, the Secretary shall notify ‘‘(2) EXCEPTION.—No report of the corrective plicable to any dissolvable tobacco product. such persons under section 705(b). action or removal of a tobacco product may be ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy required under paragraph (1) if a report of the ‘‘(a) NOTIFICATION.—If the Secretary deter- provided by this subsection shall be in addition corrective action or removal is required and has mines that— to remedies provided by subsection (a). been submitted under subsection (a). ‘‘(1) a tobacco product which is introduced or ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO ‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- delivered for introduction into interstate com- PRODUCTS. TAIN TOBACCO PRODUCTS. merce for commercial distribution presents an ‘‘(a) IN GENERAL.—Every person who is a to- ‘‘(a) IN GENERAL.— unreasonable risk of substantial harm to the bacco product manufacturer or importer of a to- ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For public health; and bacco product shall establish and maintain such purposes of this section the term ‘new tobacco ‘‘(2) notification under this subsection is nec- records, make such reports, and provide such in- product’ means— essary to eliminate the unreasonable risk of formation, as the Secretary may by regulation ‘‘(A) any tobacco product (including those such harm and no more practicable means is reasonably require to assure that such tobacco products in test markets) that was not commer- available under the provisions of this chapter product is not adulterated or misbranded and to cially marketed in the United States as of Feb- (other than this section) to eliminate such risk, otherwise protect public health. Regulations ruary 15, 2007; or the Secretary may issue such order as may be prescribed under the preceding sentence— ‘‘(B) any modification (including a change in necessary to assure that adequate notification is ‘‘(1) may require a tobacco product manufac- design, any component, any part, or any con- provided in an appropriate form, by the persons turer or importer to report to the Secretary stituent, including a smoke constituent, or in

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leading in any particular; or section (c)(1)(A)(i) for a new tobacco product is ‘‘(B) a full statement of the components, in- ‘‘(D) such tobacco product is not shown to required unless— gredients, additives, and properties, and of the conform in all respects to a tobacco product ‘‘(i) the manufacturer has submitted a report principle or principles of operation, of such to- standard in effect under section 907, and there under section 905(j); and the Secretary has bacco product; is a lack of adequate information to justify the issued an order that the tobacco product— ‘‘(C) a full description of the methods used in, deviation from such standard. ‘‘(I) is substantially equivalent to a tobacco and the facilities and controls used for, the ‘‘(3) DENIAL INFORMATION.—Any denial of an product commercially marketed (other than for manufacture, processing, and, when relevant, application shall, insofar as the Secretary deter- test marketing) in the United States as of Feb- packing and installation of, such tobacco prod- mines to be practicable, be accompanied by a ruary 15, 2007; and uct; statement informing the applicant of the meas- ‘‘(II) is in compliance with the requirements of ‘‘(D) an identifying reference to any tobacco ures required to remove such application from this Act; or product standard under section 907 which would deniable form (which measures may include fur- ‘‘(ii) the tobacco product is exempt from the be applicable to any aspect of such tobacco ther research by the applicant in accordance requirements of section 905(j) pursuant to a reg- product, and either adequate information to with 1 or more protocols prescribed by the Sec- ulation issued under section 905(j)(3). show that such aspect of such tobacco product retary). ‘‘(B) APPLICATION TO CERTAIN POST-FEBRUARY fully meets such tobacco product standard or ‘‘(4) BASIS FOR FINDING.—For purposes of this 15, 2007, PRODUCTS.—Subparagraph (A) shall not adequate information to justify any deviation section, the finding as to whether the marketing apply to a tobacco product— from such standard; of a tobacco product for which an application ‘‘(i) that was first introduced or delivered for ‘‘(E) such samples of such tobacco product has been submitted is appropriate for the protec- introduction into interstate commerce for com- and of components thereof as the Secretary may tion of the public health shall be determined mercial distribution in the United States after reasonably require; with respect to the risks and benefits to the pop- February 15, 2007, and prior to the date that is ‘‘(F) specimens of the labeling proposed to be ulation as a whole, including users and 21 months after the date of enactment of the used for such tobacco product; and nonusers of the tobacco product, and taking Family Smoking Prevention and Tobacco Con- ‘‘(G) such other information relevant to the into account— trol Act; and subject matter of the application as the Sec- ‘‘(A) the increased or decreased likelihood ‘‘(ii) for which a report was submitted under retary may require. that existing users of tobacco products will stop section 905(j) within such 21-month period, ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- using such products; and except that subparagraph (A) shall apply to the ENTIFIC ADVISORY COMMITTEE.—Upon receipt of ‘‘(B) the increased or decreased likelihood tobacco product if the Secretary issues an order an application meeting the requirements set that those who do not use tobacco products will that the tobacco product is not substantially forth in paragraph (1), the Secretary— start using such products. equivalent. ‘‘(A) may, on the Secretary’s own initiative; ‘‘(5) BASIS FOR ACTION.— ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— or ‘‘(A) INVESTIGATIONS.—For purposes of para- ‘‘(A) IN GENERAL.—In this section and section ‘‘(B) may, upon the request of an applicant, graph (2)(A), whether permitting a tobacco 905(j), the term ‘substantially equivalent’ or refer such application to the Tobacco Products product to be marketed would be appropriate for ‘substantial equivalence’ means, with respect to Scientific Advisory Committee for reference and the protection of the public health shall, when the tobacco product being compared to the pred- for submission (within such period as the Sec- appropriate, be determined on the basis of well- icate tobacco product, that the Secretary by retary may establish) of a report and rec- controlled investigations, which may include 1 order has found that the tobacco product— ommendation respecting the application, to- or more clinical investigations by experts quali- ‘‘(i) has the same characteristics as the predi- gether with all underlying data and the reasons fied by training and experience to evaluate the cate tobacco product; or or basis for the recommendation. tobacco product. ‘‘(ii) has different characteristics and the in- ‘‘(c) ACTION ON APPLICATION.— ‘‘(B) OTHER EVIDENCE.—If the Secretary deter- formation submitted contains information, in- ‘‘(1) DEADLINE.— mines that there exists valid scientific evidence cluding clinical data if deemed necessary by the ‘‘(A) IN GENERAL.—As promptly as possible, (other than evidence derived from investigations Secretary, that demonstrates that it is not ap- but in no event later than 180 days after the re- described in subparagraph (A)) which is suffi- propriate to regulate the product under this sec- ceipt of an application under subsection (b), the cient to evaluate the tobacco product, the Sec- tion because the product does not raise different Secretary, after considering the report and rec- retary may authorize that the determination for questions of public health. ommendation submitted under subsection (b)(2), purposes of paragraph (2)(A) be made on the ‘‘(B) CHARACTERISTICS.—In subparagraph (A), shall— basis of such evidence. the term ‘characteristics’ means the materials, ‘‘(i) issue an order that the new product may ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- ingredients, design, composition, heating source, be introduced or delivered for introduction into SION.— or other features of a tobacco product. interstate commerce if the Secretary finds that ‘‘(1) IN GENERAL.—The Secretary shall, upon ‘‘(C) LIMITATION.—A tobacco product may not none of the grounds specified in paragraph (2) obtaining, where appropriate, advice on sci- be found to be substantially equivalent to a of this subsection applies; or entific matters from the Tobacco Products Sci- predicate tobacco product that has been re- ‘‘(ii) issue an order that the new product may entific Advisory Committee, and after due notice moved from the market at the initiative of the not be introduced or delivered for introduction and opportunity for informal hearing for a to- Secretary or that has been determined by a judi- into interstate commerce if the Secretary finds bacco product for which an order was issued cial order to be misbranded or adulterated. (and sets forth the basis for such finding as part under subsection (c)(1)(A)(i), issue an order ‘‘(4) HEALTH INFORMATION.— of or accompanying such denial) that 1 or more withdrawing the order if the Secretary finds— ‘‘(A) SUMMARY.—As part of a submission grounds for denial specified in paragraph (2) of ‘‘(A) that the continued marketing of such to- under section 905(j) respecting a tobacco prod- this subsection apply. bacco product no longer is appropriate for the uct, the person required to file a premarket noti- ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- protection of the public health; fication under such section shall provide an TION.—An order under subparagraph (A)(i) may ‘‘(B) that the application contained or was adequate summary of any health information require that the sale and distribution of the to- accompanied by an untrue statement of a mate- related to the tobacco product or state that such bacco product be restricted but only to the ex- rial fact; information will be made available upon request tent that the sale and distribution of a tobacco ‘‘(C) that the applicant— by any person. product may be restricted under a regulation ‘‘(i) has failed to establish a system for main- ‘‘(B) REQUIRED INFORMATION.—Any summary under section 906(d). taining records, or has repeatedly or delib- under subparagraph (A) respecting a tobacco ‘‘(2) DENIAL OF APPLICATION.—The Secretary erately failed to maintain records or to make re- product shall contain detailed information re- shall deny an application submitted under sub- ports, required by an applicable regulation garding data concerning adverse health effects section (b) if, upon the basis of the information under section 909; and shall be made available to the public by the submitted to the Secretary as part of the appli- ‘‘(ii) has refused to permit access to, or copy- Secretary within 30 days of the issuance of a de- cation and any other information before the ing or verification of, such records as required termination that such tobacco product is sub- Secretary with respect to such tobacco product, by section 704; or stantially equivalent to another tobacco prod- the Secretary finds that— ‘‘(iii) has not complied with the requirements uct. ‘‘(A) there is a lack of a showing that permit- of section 905; ‘‘(b) APPLICATION.— ting such tobacco product to be marketed would ‘‘(D) on the basis of new information before ‘‘(1) CONTENTS.—An application under this be appropriate for the protection of the public the Secretary with respect to such tobacco prod- section shall contain— health; uct, evaluated together with the evidence before

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MODIFIED RISK TOBACCO PRODUCTS. drug or device by the Food and Drug Adminis- processing, packing, or installation of such to- ‘‘(a) IN GENERAL.—No person may introduce tration and is subject to the requirements of bacco product do not conform with the require- or deliver for introduction into interstate com- chapter V. ments of section 906(e) and were not brought merce any modified risk tobacco product unless ‘‘(d) FILING.—Any person may file with the into conformity with such requirements within a an order issued pursuant to subsection (g) is ef- Secretary an application for a modified risk to- reasonable time after receipt of written notice fective with respect to such product. bacco product. Such application shall include— from the Secretary of nonconformity; ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) a description of the proposed product and ‘‘(E) on the basis of new information before ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The any proposed advertising and labeling; the Secretary, evaluated together with the evi- term ‘modified risk tobacco product’ means any ‘‘(2) the conditions for using the product; dence before the Secretary when the application tobacco product that is sold or distributed for ‘‘(3) the formulation of the product; was reviewed, that the labeling of such tobacco use to reduce harm or the risk of tobacco-related ‘‘(4) sample product labels and labeling; product, based on a fair evaluation of all mate- disease associated with commercially marketed ‘‘(5) all documents (including underlying sci- rial facts, is false or misleading in any par- tobacco products. entific information) relating to research findings ticular and was not corrected within a reason- ‘‘(2) SOLD OR DISTRIBUTED.— conducted, supported, or possessed by the to- able time after receipt of written notice from the ‘‘(A) IN GENERAL.—With respect to a tobacco bacco product manufacturer relating to the ef- Secretary of such fact; or product, the term ‘sold or distributed for use to fect of the product on tobacco-related diseases ‘‘(F) on the basis of new information before reduce harm or the risk of tobacco-related dis- and health-related conditions, including infor- the Secretary, evaluated together with the evi- ease associated with commercially marketed to- mation both favorable and unfavorable to the dence before the Secretary when such order was bacco products’ means a tobacco product— ability of the product to reduce risk or exposure issued, that such tobacco product is not shown ‘‘(i) the label, labeling, or advertising of and relating to human health; to conform in all respects to a tobacco product which represents explicitly or implicitly that— ‘‘(6) data and information on how consumers standard which is in effect under section 907, ‘‘(I) the tobacco product presents a lower risk actually use the tobacco product; and compliance with which was a condition to the of tobacco-related disease or is less harmful ‘‘(7) such other information as the Secretary issuance of an order relating to the application, than one or more other commercially marketed may require. and that there is a lack of adequate information tobacco products; ‘‘(e) PUBLIC AVAILABILITY.—The Secretary to justify the deviation from such standard. ‘‘(II) the tobacco product or its smoke con- shall make the application described in sub- ‘‘(2) APPEAL.—The holder of an application tains a reduced level of a substance or presents section (d) publicly available (except matters in subject to an order issued under paragraph (1) a reduced exposure to a substance; or the application which are trade secrets or other- withdrawing an order issued pursuant to sub- ‘‘(III) the tobacco product or its smoke does wise confidential, commercial information) and section (c)(1)(A)(i) may, by petition filed on or not contain or is free of a substance; shall request comments by interested persons on before the 30th day after the date upon which ‘‘(ii) the label, labeling, or advertising of the information contained in the application such holder receives notice of such withdrawal, which uses the descriptors ‘light’, ‘mild’, or and on the label, labeling, and advertising ac- obtain review thereof in accordance with section ‘low’ or similar descriptors; or companying such application. 912. ‘‘(iii) the tobacco product manufacturer of ‘‘(f) ADVISORY COMMITTEE.— ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- which has taken any action directed to con- ‘‘(1) IN GENERAL.—The Secretary shall refer to viding an opportunity for an informal hearing, sumers through the media or otherwise, other the Tobacco Products Scientific Advisory Com- the Secretary determines there is reasonable than by means of the tobacco product’s label, mittee any application submitted under this sec- probability that the continuation of distribution labeling, or advertising, after the date of enact- tion. of a tobacco product under an order would ment of the Family Smoking Prevention and To- ‘‘(2) RECOMMENDATIONS.—Not later than 60 cause serious, adverse health consequences or bacco Control Act, respecting the product that days after the date an application is referred to death, that is greater than ordinarily caused by would be reasonably expected to result in con- the Tobacco Products Scientific Advisory Com- tobacco products on the market, the Secretary sumers believing that the tobacco product or its mittee under paragraph (1), the Advisory Com- shall by order temporarily suspend the author- smoke may present a lower risk of disease or is mittee shall report its recommendations on the ity of the manufacturer to market the product. less harmful than one or more commercially application to the Secretary. If the Secretary issues such an order, the Sec- marketed tobacco products, or presents a re- ‘‘(g) MARKETING.— retary shall proceed expeditiously under para- duced exposure to, or does not contain or is free ‘‘(1) MODIFIED RISK PRODUCTS.—Except as graph (1) to withdraw such application. of, a substance or substances. provided in paragraph (2), the Secretary shall, ‘‘(e) SERVICE OF ORDER.—An order issued by ‘‘(B) LIMITATION.—No tobacco product shall with respect to an application submitted under the Secretary under this section shall be be considered to be ‘sold or distributed for use to this section, issue an order that a modified risk served— reduce harm or the risk of tobacco-related dis- product may be commercially marketed only if ‘‘(1) in person by any officer or employee of ease associated with commercially marketed to- the Secretary determines that the applicant has the department designated by the Secretary; or bacco products’, except as described in subpara- demonstrated that such product, as it is actu- ‘‘(2) by mailing the order by registered mail or graph (A). ally used by consumers, will— certified mail addressed to the applicant at the ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No ‘‘(A) significantly reduce harm and the risk of applicant’s last known address in the records of smokeless tobacco product shall be considered to tobacco-related disease to individual tobacco the Secretary. be ‘sold or distributed for use to reduce harm or users; and ‘‘(f) RECORDS.— the risk of tobacco-related disease associated ‘‘(B) benefit the health of the population as a ‘‘(1) ADDITIONAL INFORMATION.—In the case with commercially marketed tobacco products’ whole taking into account both users of tobacco of any tobacco product for which an order solely because its label, labeling, or advertising products and persons who do not currently use issued pursuant to subsection (c)(1)(A)(i) for an uses the following phrases to describe such tobacco products. application filed under subsection (b) is in ef- product and its use: ‘smokeless tobacco’, ‘smoke- ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— fect, the applicant shall establish and maintain less tobacco product’, ‘not consumed by smok- ‘‘(A) IN GENERAL.—The Secretary may issue such records, and make such reports to the Sec- ing’, ‘does not produce smoke’, ‘smokefree’, an order that a tobacco product may be intro- retary, as the Secretary may by regulation, or ‘smoke-free’, ‘without smoke’, ‘no smoke’, or duced or delivered for introduction into inter- by order with respect to such application, pre- ‘not smoke’. state commerce, pursuant to an application scribe on the basis of a finding that such records ‘‘(3) EFFECTIVE DATE.—The provisions of under this section, with respect to a tobacco and reports are necessary in order to enable the paragraph (2)(A)(ii) shall take effect 12 months product that may not be commercially marketed Secretary to determine, or facilitate a deter- after the date of enactment of the Family Smok- under paragraph (1) if the Secretary makes the mination of, whether there is or may be grounds ing Prevention and Tobacco Control Act for findings required under this paragraph and de- for withdrawing or temporarily suspending such those products whose label, labeling, or adver- termines that the applicant has demonstrated order. tising contains the terms described in such para- that— ‘‘(2) ACCESS TO RECORDS.—Each person re- graph on such date of enactment. The effective ‘‘(i) such order would be appropriate to pro- quired under this section to maintain records, date shall be with respect to the date of manu- mote the public health; and each person in charge of custody thereof, facture, provided that, in any case, beginning 30 ‘‘(ii) any aspect of the label, labeling, and ad- shall, upon request of an officer or employee days after such effective date, a manufacturer vertising for such product that would cause the designated by the Secretary, permit such officer shall not introduce into the domestic commerce tobacco product to be a modified risk tobacco or employee at all reasonable times to have ac- of the United States any product, irrespective of product under subsection (b) is limited to an excess to and copy and verify such records. the date of manufacture, that is not in conform- plicit or implicit representation that such to- ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT EX- ance with paragraph (2)(A)(ii). bacco product or its smoke does not contain or EMPTION FOR INVESTIGATIONAL USE.—The Sec- ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A is free of a substance or contains a reduced level retary may exempt tobacco products intended product that is intended to be used for the treat- of a substance, or presents a reduced exposure for investigational use from the provisions of ment of tobacco dependence, including smoking to a substance in tobacco smoke;

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‘‘(iii) scientific evidence is not available and, would otherwise stop using such products will ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- using the best available scientific methods, can- switch to the tobacco product that is the subject cant required to conduct a surveillance of a to- not be made available without conducting long- of the application; bacco product under paragraph (1) shall, within term epidemiological studies for an application ‘‘(C) the increased or decreased likelihood 30 days after receiving notice that the applicant to meet the standards set forth in paragraph (1); that persons who do not use tobacco products is required to conduct such surveillance, submit, and will start using the tobacco product that is the for the approval of the Secretary, a protocol for ‘‘(iv) the scientific evidence that is available subject of the application; the required surveillance. The Secretary, within without conducting long-term epidemiological ‘‘(D) the risks and benefits to persons from the 60 days of the receipt of such protocol, shall de- studies demonstrates that a measurable and sub- use of the tobacco product that is the subject of termine if the principal investigator proposed to stantial reduction in morbidity or mortality the application as compared to the use of prod- be used in the surveillance has sufficient quali- among individual tobacco users is reasonably ucts for smoking cessation approved under fications and experience to conduct such sur- likely in subsequent studies. chapter V to treat nicotine dependence; and veillance and if such protocol will result in col- ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To ‘‘(E) comments, data, and information sub- lection of the data or other information des- issue an order under subparagraph (A) the Sec- mitted by interested persons. ignated by the Secretary as necessary to protect retary must also find that the applicant has ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- the public health. demonstrated that— KETING.— ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The ‘‘(i) the magnitude of the overall reductions in ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- Secretary, after an opportunity for an informal exposure to the substance or substances which retary shall require for the marketing of a prod- hearing, shall withdraw an order under sub- are the subject of the application is substantial, uct under this section that any advertising or section (g) if the Secretary determines that— such substance or substances are harmful, and labeling concerning modified risk products en- ‘‘(1) the applicant, based on new information, the product as actually used exposes consumers able the public to comprehend the information can no longer make the demonstrations required to the specified reduced level of the substance or concerning modified risk and to understand the under subsection (g), or the Secretary can no substances; relative significance of such information in the longer make the determinations required under ‘‘(ii) the product as actually used by con- context of total health and in relation to all of subsection (g); sumers will not expose them to higher levels of the diseases and health-related conditions asso- ‘‘(2) the application failed to include material other harmful substances compared to the simi- ciated with the use of tobacco products. information or included any untrue statement of lar types of tobacco products then on the market ‘‘(2) COMPARATIVE CLAIMS.— material fact; unless such increases are minimal and the rea- ‘‘(A) IN GENERAL.—The Secretary may require ‘‘(3) any explicit or implicit representation sonably likely overall impact of use of the prod- for the marketing of a product under this sub- that the product reduces risk or exposure is no uct remains a substantial and measurable re- section that a claim comparing a tobacco prod- longer valid, including if— duction in overall morbidity and mortality uct to 1 or more other commercially marketed to- ‘‘(A) a tobacco product standard is established among individual tobacco users; bacco products shall compare the tobacco prod- pursuant to section 907; ‘‘(iii) testing of actual consumer perception uct to a commercially marketed tobacco product ‘‘(B) an action is taken that affects the risks shows that, as the applicant proposes to label that is representative of that type of tobacco presented by other commercially marketed to- and market the product, consumers will not be product on the market (for example the average bacco products that were compared to the prod- misled into believing that the product— value of the top 3 brands of an established reg- uct that is the subject of the application; or ‘‘(I) is or has been demonstrated to be less ular tobacco product). ‘‘(C) any postmarket surveillance or studies reveal that the order is no longer consistent harmful; or ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- ‘‘(II) presents or has been demonstrated to retary may also require, for purposes of sub- with the protection of the public health; ‘‘(4) the applicant failed to conduct or submit present less of a risk of disease than 1 or more paragraph (A), that the percent (or fraction) of the postmarket surveillance and studies required other commercially marketed tobacco products; change and identity of the reference tobacco under subsection (g)(2)(C)(ii) or subsection (i); and product and a quantitative comparison of the ‘‘(iv) issuance of an order with respect to the or amount of the substance claimed to be reduced application is expected to benefit the health of ‘‘(5) the applicant failed to meet a condition shall be stated in immediate proximity to the the population as a whole taking into account imposed under subsection (h). most prominent claim. both users of tobacco products and persons who ‘‘(k) CHAPTER IV OR V.—A product for which ‘‘(3) LABEL DISCLOSURE.— do not currently use tobacco products. the Secretary has issued an order pursuant to ‘‘(A) IN GENERAL.—The Secretary may require ‘‘(C) CONDITIONS OF MARKETING.— subsection (g) shall not be subject to chapter IV the disclosure on the label of other substances in ‘‘(i) IN GENERAL.—Applications subject to an or V. order under this paragraph shall be limited to a the tobacco product, or substances that may be ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- term of not more than 5 years, but may be re- produced by the consumption of that tobacco ANCE.— newed upon a finding by the Secretary that the product, that may affect a disease or health-re- ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 requirements of this paragraph continue to be lated condition or may increase the risk of other years after the date of enactment of the Family satisfied based on the filing of a new applica- diseases or health-related conditions associated Smoking Prevention and Tobacco Control Act, tion. with the use of tobacco products. the Secretary shall issue regulations or guidance ‘‘(ii) AGREEMENTS BY APPLICANT.—An order ‘‘(B) CONDITIONS OF USE.—If the conditions of (or any combination thereof) on the scientific under this paragraph shall be conditioned on use of the tobacco product may affect the risk of evidence required for assessment and ongoing the applicant’s agreement to conduct postmarket the product to human health, the Secretary may review of modified risk tobacco products. Such surveillance and studies and to submit to the require the labeling of conditions of use. regulations or guidance shall— Secretary the results of such surveillance and ‘‘(4) TIME.—An order issued under subsection ‘‘(A) to the extent that adequate scientific evi- studies to determine the impact of the order on (g)(1) shall be effective for a specified period of dence exists, establish minimum standards for consumer perception, behavior, and health and time. scientific studies needed prior to issuing an to enable the Secretary to review the accuracy ‘‘(5) ADVERTISING.—The Secretary may re- order under subsection (g) to show that a sub- of the determinations upon which the order was quire, with respect to a product for which an stantial reduction in morbidity or mortality based in accordance with a protocol approved applicant obtained an order under subsection among individual tobacco users occurs for prod- by the Secretary. (g)(1), that the product comply with require- ucts described in subsection (g)(1) or is reason- ‘‘(iii) ANNUAL SUBMISSION.—The results of ments relating to advertising and promotion of ably likely for products described in subsection such postmarket surveillance and studies de- the tobacco product. (g)(2); scribed in clause (ii) shall be submitted annu- ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- ‘‘(B) include validated biomarkers, inter- ally. IES.— mediate clinical endpoints, and other feasible ‘‘(3) BASIS.—The determinations under para- ‘‘(1) IN GENERAL.—The Secretary shall require, outcome measures, as appropriate; graphs (1) and (2) shall be based on— with respect to a product for which an appli- ‘‘(C) establish minimum standards for ‘‘(A) the scientific evidence submitted by the cant obtained an order under subsection (g)(1), postmarket studies, that shall include regular applicant; and that the applicant conduct postmarket surveil- and long-term assessments of health outcomes ‘‘(B) scientific evidence and other information lance and studies for such a tobacco product to and mortality, intermediate clinical endpoints, that is made available to the Secretary. determine the impact of the order issuance on consumer perception of harm reduction, and the ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND consumer perception, behavior, and health, to impact on quitting behavior and new use of to- OF POPULATION AS A WHOLE.—In making the de- enable the Secretary to review the accuracy of bacco products, as appropriate; terminations under paragraphs (1) and (2), the the determinations upon which the order was ‘‘(D) establish minimum standards for re- Secretary shall take into account— based, and to provide information that the Sec- quired postmarket surveillance, including ongo- ‘‘(A) the relative health risks to individuals of retary determines is otherwise necessary regarding assessments of consumer perception; the tobacco product that is the subject of the ap- ing the use or health risks involving the tobacco ‘‘(E) require that data from the required stud- plication; product. The results of postmarket surveillance ies and surveillance be made available to the ‘‘(B) the increased or decreased likelihood and studies shall be submitted to the Secretary Secretary prior to the decision on renewal of a that existing users of tobacco products who on an annual basis. modified risk tobacco product; and

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A regulation or denial described any combination thereof, shall be considered as ‘‘(2) CONSULTATION.—The regulations or guid- in subsection (a) shall be reviewed in accord- a single brand; and ance issued under paragraph (1) shall be devel- ance with section 706(2)(A) of title 5, United ‘‘(2) may require that tobacco product manu- oped in consultation with the Institute of Medi- States Code. facturers, packagers, or importers make disclo- cine, and with the input of other appropriate ‘‘(c) FINALITY OF JUDGMENT.—The judgment sures relating to the results of the testing of tar scientific and medical experts, on the design and of the court affirming or setting aside, in whole and nicotine through labels or advertising or conduct of such studies and surveillance. or in part, any regulation or order shall be other appropriate means, and make disclosures ‘‘(3) REVISION.—The regulations or guidance final, subject to review by the Supreme Court of regarding the results of the testing of other con- under paragraph (1) shall be revised on a reg- the United States upon certiorari or certifi- stituents, including smoke constituents, ingredi- ular basis as new scientific information becomes cation, as provided in section 1254 of title 28, ents, or additives, that the Secretary determines available. United States Code. should be disclosed to the public to protect the ‘‘(4) NEW TOBACCO PRODUCTS.—Not later than ‘‘(d) OTHER REMEDIES.—The remedies pro- public health and will not mislead consumers 2 years after the date of enactment of the Fam- vided for in this section shall be in addition to, about the risk of tobacco-related disease. ily Smoking Prevention and Tobacco Control and not in lieu of, any other remedies provided ‘‘(c) AUTHORITY.—The Secretary shall have Act, the Secretary shall issue a regulation or by law. the authority under this chapter to conduct or guidance that permits the filing of a single ap- ‘‘(e) REGULATIONS AND ORDERS MUST RECITE to require the testing, reporting, or disclosure of plication for any tobacco product that is a new BASIS IN RECORD.—To facilitate judicial review, tobacco product constituents, including smoke tobacco product under section 910 and which a regulation or order issued under section 906, constituents. ‘‘(d) SMALL TOBACCO PRODUCT MANUFACTUR- the applicant seeks to commercially market 907, 908, 909, 910, or 916 shall contain a state- ERS.— under this section. ment of the reasons for the issuance of such reg- ‘‘(1) FIRST COMPLIANCE DATE.—The initial reg- ‘‘(m) DISTRIBUTORS.—Except as provided in ulation or order in the record of the proceedings ulations promulgated under subsection (a) shall this section, no distributor may take any action, held in connection with its issuance. not impose requirements on small tobacco prod- after the date of enactment of the Family Smok- ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- uct manufacturers before the later of— ing Prevention and Tobacco Control Act, with LETS. ‘‘(A) the end of the 2-year period following respect to a tobacco product that would reason- ‘‘The Secretary shall issue regulations to re- the final promulgation of such regulations; and ably be expected to result in consumers believing quire that retail establishments for which the ‘‘(B) the initial date set by the Secretary for that the tobacco product or its smoke may predominant business is the sale of tobacco compliance with such regulations by manufac- present a lower risk of disease or is less harmful products comply with any advertising restric- turers that are not small tobacco product manu- than one or more commercially marketed to- tions applicable to retail establishments acces- facturers. bacco products, or presents a reduced exposure sible to individuals under the age of 18. ‘‘(2) TESTING AND REPORTING INITIAL COMPLI- to, or does not contain or is free of, a substance ‘‘SEC. 914. JURISDICTION OF AND COORDINATION ANCE PERIOD.— or substances. WITH THE FEDERAL TRADE COMMIS- ‘‘(A) 4-YEAR PERIOD.—The initial regulations ‘‘SEC. 912. JUDICIAL REVIEW. SION. promulgated under subsection (a) shall give ‘‘(a) RIGHT TO REVIEW.— ‘‘(a) JURISDICTION.— each small tobacco product manufacturer a 4- ‘‘(1) IN GENERAL.—Not later than 30 days ‘‘(1) IN GENERAL.—Except where expressly pro- year period over which to conduct testing and after— vided in this chapter, nothing in this chapter reporting for all of its tobacco products. Subject ‘‘(A) the promulgation of a regulation under shall be construed as limiting or diminishing the to paragraph (1), the end of the first year of section 907 establishing, amending, or revoking authority of the Federal Trade Commission to such 4-year period shall coincide with the initial a tobacco product standard; or enforce the laws under its jurisdiction with re- date of compliance under this section set by the ‘‘(B) a denial of an application under section spect to the advertising, sale, or distribution of Secretary with respect to manufacturers that 910(c), tobacco products. are not small tobacco product manufacturers or the end of the 2-year period following the final any person adversely affected by such regula- ‘‘(2) ENFORCEMENT.—Any advertising that promulgation of such regulations, as described tion or denial may file a petition for judicial re- violates this chapter or a provision of the regu- in paragraph (1)(A). A small tobacco product view of such regulation or denial with the lations referred to in section 102 of the Family Smoking Prevention and Tobacco Control Act, is manufacturer shall be required— United States Court of Appeals for the District ‘‘(i) to conduct such testing and reporting for of Columbia or for the circuit in which such per- an unfair or deceptive act or practice under section 5(a) of the Federal Trade Commission Act 25 percent of its tobacco products during each son resides or has their principal place of busi- year of such 4-year period; and ness. and shall be considered a violation of a rule promulgated under section 18 of that Act. ‘‘(ii) to conduct such testing and reporting for ‘‘(2) REQUIREMENTS.— its largest-selling tobacco products (as deter- ‘‘(A) COPY OF PETITION.—A copy of the peti- ‘‘(b) COORDINATION.—With respect to the requirements of section 4 of the Federal Cigarette mined by the Secretary) before its other tobacco tion filed under paragraph (1) shall be trans- products, or in such other order of priority as mitted by the clerk of the court involved to the Labeling and Advertising Act and section 3 of the Comprehensive Smokeless Tobacco Health determined by the Secretary. Secretary. ‘‘(B) CASE-BY-CASE DELAY.—Notwithstanding Education Act of 1986— ‘‘(B) RECORD OF PROCEEDINGS.—On receipt of subparagraph (A), the Secretary may, on a case- ‘‘(1) the Chairman of the Federal Trade Com- a petition under subparagraph (A), the Sec- by-case basis, delay the date by which an indi- mission shall coordinate with the Secretary con- retary shall file in the court in which such peti- vidual small tobacco product manufacturer must tion was filed— cerning the enforcement of such Act as such en- conduct testing and reporting for its tobacco ‘‘(i) the record of the proceedings on which forcement relates to unfair or deceptive acts or products under this section based upon a show- the regulation or order was based; and practices in the advertising of cigarettes or ing of undue hardship to such manufacturer. ‘‘(ii) a statement of the reasons for the smokeless tobacco; and Notwithstanding the preceding sentence, the issuance of such a regulation or order. ‘‘(2) the Secretary shall consult with the Secretary shall not extend the deadline for a ‘‘(C) DEFINITION OF RECORD.—In this section, Chairman of such Commission in revising the small tobacco product manufacturer to conduct the term ‘record’ means— label statements and requirements under such testing and reporting for all of its tobacco prod- ‘‘(i) all notices and other matter published in sections. ucts beyond a total of 5 years after the initial the Federal Register with respect to the regula- ‘‘SEC. 915. REGULATION REQUIREMENT. date of compliance under this section set by the tion or order reviewed; ‘‘(a) TESTING, REPORTING, AND DISCLOSURE.— Secretary with respect to manufacturers that ‘‘(ii) all information submitted to the Sec- Not later than 36 months after the date of enact- are not small tobacco product manufacturers. retary with respect to such regulation or order; ment of the Family Smoking Prevention and To- ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING ‘‘(iii) proceedings of any panel or advisory bacco Control Act, the Secretary shall promul- AND REPORTING.—The regulations promulgated committee with respect to such regulation or gate regulations under this Act that meet the re- under subsection (a) shall provide that, with re- order; quirements of subsection (b). spect to any subsequent or additional testing ‘‘(iv) any hearing held with respect to such ‘‘(b) CONTENTS OF RULES.—The regulations and reporting of tobacco products required regulation or order; and promulgated under subsection (a)— under this section, such testing and reporting by ‘‘(v) any other information identified by the ‘‘(1) shall require testing and reporting of to- a small tobacco product manufacturer shall be Secretary, in the administrative proceeding held bacco product constituents, ingredients, and ad- conducted in accordance with the timeframes with respect to such regulation or order, as ditives, including smoke constituents, by brand described in paragraph (2)(A), except that, in being relevant to such regulation or order. and subbrand that the Secretary determines the case of a new product, or if there has been ‘‘(b) STANDARD OF REVIEW.—Upon the filing should be tested to protect the public health, a modification described in section 910(a)(1)(B) of the petition under subsection (a) for judicial provided that, for purposes of the testing re- of any product of a small tobacco product man- review of a regulation or order, the court shall quirements of this paragraph, tobacco products ufacturer since the last testing and reporting re- have jurisdiction to review the regulation or manufactured and sold by a single tobacco quired under this section, the Secretary shall re- order in accordance with chapter 7 of title 5, product manufacturer that are identical in all quire that any subsequent or additional testing

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14922 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 and reporting be conducted in accordance with ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL ‘‘(v) 1 individual as a representative of the in- the same timeframe applicable to manufacturers AUTHORITY. terests of the small business tobacco manufac- that are not small tobacco product manufactur- ‘‘(a) IN GENERAL.— turing industry, which position may be filled on ers. ‘‘(1) PRESERVATION.—Except as provided in a rotating, sequential basis by representatives of ‘‘(4) JOINT LABORATORY TESTING SERVICES.— paragraph (2)(A), nothing in this chapter, or different small business tobacco manufacturers The Secretary shall allow any 2 or more small rules promulgated under this chapter, shall be based on areas of expertise relevant to the topics tobacco product manufacturers to join together construed to limit the authority of a Federal being considered by the Advisory Committee; to purchase laboratory testing services required agency (including the Armed Forces), a State or and by this section on a group basis in order to en- political subdivision of a State, or the govern- ‘‘(vi) 1 individual as a representative of the sure that such manufacturers receive access to, ment of an Indian tribe to enact, adopt, promul- interests of the tobacco growers. and fair pricing of, such testing services. gate, and enforce any law, rule, regulation, or ‘‘(B) NONVOTING MEMBERS.—The members of ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY other measure with respect to tobacco products the committee appointed under clauses (iv), (v), CAPACITY.— that is in addition to, or more stringent than, and (vi) of subparagraph (A) shall serve as con- ‘‘(1) IN GENERAL.—The regulations promul- requirements established under this chapter, in- sultants to those described in clauses (i) through gated under subsection (a) shall provide that a cluding a law, rule, regulation, or other measure (iii) of subparagraph (A) and shall be nonvoting small tobacco product manufacturer shall not be relating to or prohibiting the sale, distribution, representatives. considered to be in violation of this section be- possession, exposure to, access to, advertising ‘‘(C) CONFLICTS OF INTEREST.—No members of fore the deadline applicable under paragraphs and promotion of, or use of tobacco products by the committee, other than members appointed (3) and (4), if— individuals of any age, information reporting to pursuant to clauses (iv), (v), and (vi) of sub- ‘‘(A) the tobacco products of such manufac- the State, or measures relating to fire safety paragraph (A) shall, during the member’s tenure turer are in compliance with all other require- standards for tobacco products. No provision of on the committee or for the 18-month period ments of this chapter; and this chapter shall limit or otherwise affect any prior to becoming such a member, receive any ‘‘(B) the conditions described in paragraph (2) State, tribal, or local taxation of tobacco prod- salary, grants, or other payments or support are met. ucts. from any business that manufactures, distrib- ‘‘(2) CONDITIONS.—Notwithstanding the re- ‘‘(2) PREEMPTION OF CERTAIN STATE AND utes, markets, or sells cigarettes or other tobacco quirements of this section, the Secretary may LOCAL REQUIREMENTS.— products. ‘‘(A) IN GENERAL.—No State or political sub- delay the date by which a small tobacco product ‘‘(2) LIMITATION.—The Secretary may not ap- manufacturer must be in compliance with the division of a State may establish or continue in point to the Advisory Committee any individual testing and reporting required by this section effect with respect to a tobacco product any re- who is in the regular full-time employ of the until such time as the testing is reported if, not quirement which is different from, or in addition Food and Drug Administration or any agency later than 90 days before the deadline for re- to, any requirement under the provisions of this responsible for the enforcement of this Act. The porting in accordance with this section, a small chapter relating to tobacco product standards, Secretary may appoint Federal officials as ex tobacco product manufacturer provides evidence premarket review, adulteration, misbranding, officio members. labeling, registration, good manufacturing to the Secretary demonstrating that— ‘‘(3) CHAIRPERSON.—The Secretary shall des- ‘‘(A) the manufacturer has submitted the re- standards, or modified risk tobacco products. ignate 1 of the members appointed under clauses ‘‘(B) EXCEPTION.—Subparagraph (A) does not quired products for testing to a laboratory and (i), (ii), and (iii) of paragraph (1)(A) to serve as apply to requirements relating to the sale, dis- has done so sufficiently in advance of the dead- chairperson. tribution, possession, information reporting to line to create a reasonable expectation of com- ‘‘(c) DUTIES.—The Tobacco Products Scientific the State, exposure to, access to, the advertising pletion by the deadline; Advisory Committee shall provide advice, infor- and promotion of, or use of, tobacco products by ‘‘(B) the products currently are awaiting test- mation, and recommendations to the Secretary— individuals of any age, or relating to fire safety ing by the laboratory; and ‘‘(1) as provided in this chapter; standards for tobacco products. Information dis- ‘‘(C) neither that laboratory nor any other ‘‘(2) on the effects of the alteration of the nic- closed to a State under subparagraph (A) that is laboratory is able to complete testing by the otine yields from tobacco products; exempt from disclosure under section 552(b)(4) of deadline at customary, nonexpedited testing ‘‘(3) on whether there is a threshold level title 5, United States Code, shall be treated as a fees. below which nicotine yields do not produce de- trade secret and confidential information by the ‘‘(3) EXTENSION.—The Secretary, taking into pendence on the tobacco product involved; and State. account the laboratory testing capacity that is ‘‘(4) on its review of other safety, dependence, ‘‘(b) RULE OF CONSTRUCTION REGARDING available to tobacco product manufacturers, or health issues relating to tobacco products as PRODUCT LIABILITY.—No provision of this chap- requested by the Secretary. shall review and verify the evidence submitted ter relating to a tobacco product shall be con- ‘‘(d) COMPENSATION; SUPPORT; FACA.— by a small tobacco product manufacturer in ac- strued to modify or otherwise affect any action cordance with paragraph (2). If the Secretary ‘‘(1) COMPENSATION AND TRAVEL.—Members of or the liability of any person under the product the Advisory Committee who are not officers or finds that the conditions described in such para- liability law of any State. graph are met, the Secretary shall notify the employees of the United States, while attending small tobacco product manufacturer that the ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC ADVI- conferences or meetings of the committee or oth- SORY COMMITTEE. manufacturer shall not be considered to be in erwise engaged in its business, shall be entitled ‘‘(a) ESTABLISHMENT.—Not later than 6 to receive compensation at rates to be fixed by violation of the testing and reporting require- months after the date of enactment of the Fam- the Secretary, which may not exceed the daily ments of this section until the testing is reported ily Smoking Prevention and Tobacco Control equivalent of the rate in effect under the Senior or until 1 year after the reporting deadline has Act, the Secretary shall establish a 12-member Executive Schedule under section 5382 of title 5, passed, whichever occurs sooner. If, however, advisory committee, to be known as the Tobacco United States Code, for each day (including the Secretary has not made a finding before the Products Scientific Advisory Committee (in this travel time) they are so engaged; and while so reporting deadline, the manufacturer shall not section referred to as the ‘Advisory Committee’). serving away from their homes or regular places be considered to be in violation of such require- ‘‘(b) MEMBERSHIP.— of business each member may be allowed travel ments until the Secretary finds that the condi- ‘‘(1) IN GENERAL.— tions described in paragraph (2) have not been ‘‘(A) MEMBERS.—The Secretary shall appoint expenses, including per diem in lieu of subsist- met, or until 1 year after the reporting deadline, as members of the Tobacco Products Scientific ence, as authorized by section 5703 of title 5, whichever occurs sooner. Advisory Committee individuals who are tech- United States Code, for persons in the Govern- ‘‘(4) ADDITIONAL EXTENSION.—In addition to nically qualified by training and experience in ment service employed intermittently. the time that may be provided under paragraph medicine, medical ethics, science, or technology ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- (3), the Secretary may provide further exten- involving the manufacture, evaluation, or use of retary shall furnish the Advisory Committee sions of time, in increments of no more than 1 tobacco products, who are of appropriately di- clerical and other assistance. year, for required testing and reporting to occur versified professional backgrounds. The com- ‘‘(3) NONAPPLICATION OF FACA.—Section 14 of if the Secretary determines, based on evidence mittee shall be composed of— the Federal Advisory Committee Act does not properly and timely submitted by a small to- ‘‘(i) 7 individuals who are physicians, den- apply to the Advisory Committee. bacco product manufacturer in accordance with tists, scientists, or health care professionals ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND paragraph (2), that a lack of available labora- practicing in the area of oncology, pulmonology, COMMITTEES.—The Advisory Committee shall tory capacity prevents the manufacturer from cardiology, toxicology, pharmacology, addic- make and maintain a transcript of any pro- completing the required testing during the pe- tion, or any other relevant specialty; ceeding of the panel or committee. Each such riod described in paragraph (3). ‘‘(ii) 1 individual who is an officer or em- panel and committee shall delete from any tran- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in sub- ployee of a State or local government or of the script made under this subsection information section (d) or (e) shall be construed to authorize Federal Government; which is exempt from disclosure under section the extension of any deadline, or to otherwise ‘‘(iii) 1 individual as a representative of the 552(b) of title 5, United States Code. affect any timeframe, under any provision of general public; ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- this Act or the Family Smoking Prevention and ‘‘(iv) 1 individual as a representative of the BACCO DEPENDENCE. Tobacco Control Act other than this section. interests of the tobacco manufacturing industry; ‘‘(a) IN GENERAL.—The Secretary shall—

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‘‘(1) at the request of the applicant, consider year multiplied by the amount specified in para- ‘‘(A) IN GENERAL.—The Secretary shall request designating products for smoking cessation, in- graph (1) for the fiscal year. the appropriate Federal agency to enter into a cluding nicotine replacement products as fast ‘‘(B) APPLICABLE PERCENTAGE.— memorandum of understanding that provides for track research and approval products within the ‘‘(i) IN GENERAL.—For purposes of subpara- the regular and timely transfer from the head of meaning of section 506; graph (A), the applicable percentage for a fiscal such agency to the Secretary of the information ‘‘(2) consider approving the extended use of year for each of the following classes of tobacco described in paragraphs (2)(B)(ii) and (4) and nicotine replacement products (such as nicotine products shall be determined in accordance with all necessary information regarding all tobacco patches, nicotine gum, and nicotine lozenges) clause (ii): product manufacturers and importers required for the treatment of tobacco dependence; and ‘‘(I) Cigarettes. to pay user fees. The Secretary shall maintain ‘‘(3) review and consider the evidence for ad- ‘‘(II) Cigars, including small cigars and cigars all disclosure restrictions established by the ditional indications for nicotine replacement other than small cigars. head of such agency regarding the information products, such as for craving relief or relapse ‘‘(III) Snuff. provided under the memorandum of under- prevention. ‘‘(IV) Chewing tobacco. standing. ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— ‘‘(V) Pipe tobacco. ‘‘(B) ASSURANCES.—Beginning not later than ‘‘(1) IN GENERAL.—Not later than 3 years after ‘‘(VI) Roll-your-own tobacco. fiscal year 2015, and for each subsequent fiscal the date of enactment of the Family Smoking ‘‘(ii) ALLOCATIONS.—The applicable percent- year, the Secretary shall ensure that the Food Prevention and Tobacco Control Act, the Sec- age of each class of tobacco product described in and Drug Administration is able to determine retary, after consultation with recognized sci- clause (i) for a fiscal year shall be the percent- the applicable percentages described in para- entific, medical, and public health experts (in- age determined under section 625(c) of Public graph (2) and the percentage shares described in cluding both Federal agencies and nongovern- Law 108–357 for each such class of product for paragraph (4). The Secretary may carry out this mental entities, the Institute of Medicine of the such fiscal year. subparagraph by entering into a contract with National Academy of Sciences, and the Society ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- the head of the Federal agency referred to in for Research on Nicotine and Tobacco), shall withstanding clause (ii), no user fees shall be subparagraph (A) to continue to provide the submit to the Congress a report that examines assessed on a class of tobacco products unless necessary information. how best to regulate, promote, and encourage such class of tobacco products is listed in section ‘‘(c) CREDITING AND AVAILABILITY OF FEES.— the development of innovative products and 901(b) or is deemed by the Secretary in a regula- ‘‘(1) IN GENERAL.—Fees authorized under sub- treatments (including nicotine-based and non- tion under section 901(b) to be subject to this section (a) shall be collected and available for nicotine-based products and treatments) to bet- chapter. obligation only to the extent and in the amount ter achieve, in a manner that best protects and ‘‘(iv) REALLOCATIONS.—In the case of a class provided in advance in appropriations Acts, promotes the public health— of tobacco products that is not listed in section subject to paragraph (2)(D). Such fees are au- ‘‘(A) total abstinence from tobacco use; 901(b) or deemed by the Secretary in a regula- thorized to remain available until expended. ‘‘(B) reductions in consumption of tobacco; tion under section 901(b) to be subject to this Such sums as may be necessary may be trans- and chapter, the amount of user fees that would oth- ferred from the Food and Drug Administration ‘‘(C) reductions in the harm associated with erwise be assessed to such class of tobacco prod- salaries and expenses appropriation account continued tobacco use. ucts shall be reallocated to the classes of tobacco without fiscal year limitation to such appropria- ‘‘(2) RECOMMENDATIONS.—The report under products that are subject to this chapter in the tion account for salaries and expenses with such paragraph (1) shall include the recommenda- same manner and based on the same relative fiscal year limitation. tions of the Secretary on how the Food and percentages otherwise determined under clause ‘‘(2) AVAILABILITY.— Drug Administration should coordinate and fa- (ii). ‘‘(A) IN GENERAL.—Fees appropriated under cilitate the exchange of information on such in- ‘‘(3) DETERMINATION OF USER FEE BY COM- paragraph (3) are available only for the purpose novative products and treatments among rel- PANY.— of paying the costs of the activities of the Food evant offices and centers within the Administra- ‘‘(A) IN GENERAL.—The total user fee to be and Drug Administration related to the regulation and within the National Institutes of paid by each manufacturer or importer of a par- tion of tobacco products under this chapter and Health, the Centers for Disease Control and Pre- ticular class of tobacco products shall be deter- the Family Smoking Prevention and Tobacco vention, and other relevant agencies. mined for each quarter by multiplying— Control Act (referred to in this subsection as ‘to- ‘‘SEC. 919. USER FEES. ‘‘(i) such manufacturer’s or importer’s per- bacco regulation activities’), except that such ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— centage share as determined under paragraph fees may be used for the reimbursement specified Beginning on the date of enactment of the Fam- (4); by in subparagraph (C). ily Smoking Prevention and Tobacco Control ‘‘(ii) the portion of the user fee amount for the ‘‘(B) PROHIBITION AGAINST USE OF OTHER Act, the Secretary shall in accordance with this current quarter to be assessed on all manufac- FUNDS.— section assess user fees on, and collect such fees turers and importers of such class of tobacco ‘‘(i) IN GENERAL.—Except as provided in from, each manufacturer and importer of to- products as determined under paragraph (2). clause (ii), fees collected under subsection (a) bacco products subject to this chapter. The fees ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE are the only funds authorized to be made avail- shall be assessed and collected with respect to SHARE.—No manufacturer or importer of tobacco able for tobacco regulation activities. each quarter of each fiscal year, and the total products shall be required to pay a user fee in ‘‘(ii) STARTUP COSTS.—Clause (i) does not amount assessed and collected for a fiscal year excess of the percentage share of such manufac- apply until October 1, 2009. Until such date, any shall be the amount specified in subsection turer or importer. amounts available to the Food and Drug Admin- (b)(1) for such year, subject to subsection (c). ‘‘(4) ALLOCATION OF ASSESSMENT WITHIN EACH istration (excluding user fees) shall be available ‘‘(b) ASSESSMENT OF USER FEE.— CLASS OF TOBACCO PRODUCT.—The percentage and allocated as needed to pay the costs of to- ‘‘(1) AMOUNT OF ASSESSMENT.—The total share of each manufacturer or importer of a bacco regulation activities. amount of user fees authorized to be assessed particular class of tobacco products of the total ‘‘(C) REIMBURSEMENT OF START-UP and collected under subsection (a) for a fiscal user fee to be paid by all manufacturers or im- AMOUNTS.— year is the following, as applicable to the fiscal porters of that class of tobacco products shall be ‘‘(i) IN GENERAL.—Any amounts allocated for year involved: the percentage determined for purposes of allo- the start-up period pursuant to subparagraph ‘‘(A) For fiscal year 2009, $85,000,000 (subject cations under subsections (e) through (h) of sec- (B)(ii) shall be reimbursed through any appro- to subsection (e)). tion 625 of Public Law 108–357. priated fees collected under subsection (a), in ‘‘(B) For fiscal year 2010, $235,000,000. ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- such manner as the Secretary determines appro- ‘‘(C) For fiscal year 2011, $450,000,000. standing paragraph (4), if a user fee assessment priate to ensure that such allocation results in ‘‘(D) For fiscal year 2012, $477,000,000. is imposed on cigars, the percentage share of no net change in the total amount of funds oth- ‘‘(E) For fiscal year 2013, $505,000,000. each manufacturer or importer of cigars shall be erwise available, for the period from October 1, ‘‘(F) For fiscal year 2014, $534,000,000. based on the excise taxes paid by such manufac- 2008, through September 30, 2010, for Food and ‘‘(G) For fiscal year 2015, $566,000,000. turer or importer during the prior fiscal year. Drug Administration programs and activities ‘‘(H) For fiscal year 2016, $599,000,000. ‘‘(6) TIMING OF ASSESSMENT.—The Secretary (other than tobacco regulation activities) for ‘‘(I) For fiscal year 2017, $635,000,000. shall notify each manufacturer and importer of such period. ‘‘(J) For fiscal year 2018, $672,000,000. tobacco products subject to this section of the ‘‘(ii) TREATMENT OF REIMBURSED AMOUNTS.— ‘‘(K) For fiscal year 2019 and each subsequent amount of the quarterly assessment imposed on Amounts reimbursed under clause (i) shall be fiscal year, $712,000,000. such manufacturer or importer under this sub- available for the programs and activities for ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS OF section for each quarter of each fiscal year. which funds allocated for the start-up period TOBACCO PRODUCTS.— Such notifications shall occur not later than 30 were available, prior to such allocation, until ‘‘(A) IN GENERAL.—The total user fees assessed days prior to the end of the quarter for which September 30, 2010, notwithstanding any other- and collected under subsection (a) each fiscal such assessment is made, and payments of all wise applicable limits on amounts for such pro- year with respect to each class of tobacco prod- assessments shall be made by the last day of the grams or activities for a fiscal year. ucts shall be an amount that is equal to the ap- quarter involved. ‘‘(D) FEE COLLECTED DURING START-UP PE- plicable percentage of each class for the fiscal ‘‘(7) MEMORANDUM OF UNDERSTANDING.— RIOD.—Notwithstanding the first sentence of

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.000 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14924 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 paragraph (1), fees under subsection (a) may be in the August 28, 1996, issue of the Federal Reg- facturer, distributor, or retailer has a sponsor- collected through September 30, 2009 under sub- ister (61 Fed. Reg. 44615–44618). Such rule ship that would violate section 897.34(c). paragraph (B)(ii) and shall be available for obli- shall— ‘‘(D) Distribution of samples of smokeless to- gation and remain available until expended. (A) provide for the designation of jurisdic- bacco under this subparagraph permitted to be Such offsetting collections shall be credited to tional authority that is in accordance with this taken out of the qualified adult-only facility the salaries and expenses account of the Food subsection in accordance with this division and shall be limited to 1 package per adult consumer and Drug Administration. the amendments made by this division; containing no more than 0.53 ounces (15 grams) ‘‘(E) OBLIGATION OF START-UP COSTS IN AN- (B) strike Subpart C—Labels and section of smokeless tobacco. If such package of smoke- TICIPATION OF AVAILABLE FEE COLLECTIONS.— 897.32(c); less tobacco contains individual portions of Notwithstanding any other provision of law, fol- (C) strike paragraphs (a), (b), and (i) of sec- smokeless tobacco, the individual portions of lowing the enactment of an appropriation for tion 897.3 and insert definitions of the terms smokeless tobacco shall not exceed 8 individual fees under this section for fiscal year 2010, or ‘‘cigarette’’, ‘‘cigarette tobacco’’, and ‘‘smoke- portions and the collective weight of such indi- any portion thereof, obligations for costs of to- less tobacco’’ as defined in section 900 of the vidual portions shall not exceed 0.53 ounces (15 bacco regulation activities during the start-up Federal Food, Drug, and Cosmetic Act; grams). Any manufacturer, distributor, or re- period may be incurred in anticipation of the re- (D) insert ‘‘or roll-your-own paper’’ in section tailer who distributes or causes to be distributed ceipt of offsetting fee collections through proce- 897.34(a) after ‘‘other than cigarettes or smokefree samples also shall take reasonable steps to dures specified in section 1534 of title 31, United less tobacco’’; ensure that the above amounts are limited to States Code. (E) include such modifications to section one such package per adult consumer per day. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 897.30(b), if any, that the Secretary determines ‘‘(3) Notwithstanding subparagraph (2), no For fiscal year 2009 and each subsequent fiscal are appropriate in light of governing First manufacturer, distributor, or retailer may dis- year, there is authorized to be appropriated for Amendment case law, including the decision of tribute or cause to be distributed any free sam- fees under this section an amount equal to the the Supreme Court of the United States in ples of smokeless tobacco— amount specified in subsection (b)(1) for the fis- Lorillard Tobacco Co. v. Reilly (533 U.S. 525 ‘‘(A) to a sports team or entertainment group; cal year. (2001)); or ‘‘(d) COLLECTION OF UNPAID FEES.—In any (F) become effective on the date that is 1 year ‘‘(B) at any football, basketball, baseball, soc- case where the Secretary does not receive pay- after the date of enactment of this Act; and cer, or hockey event or any other sporting or en- ment of a fee assessed under subsection (a) (G) amend paragraph (d) of section 897.16 to tertainment event determined by the Secretary within 30 days after it is due, such fee shall be read as follows: to be covered by this subparagraph. treated as a claim of the United States Govern- ‘‘(d)(1) Except as provided in subparagraph ‘‘(4) The Secretary shall implement a program ment subject to subchapter II of chapter 37 of (2), no manufacturer, distributor, or retailer to ensure compliance with this paragraph and title 31, United States Code. may distribute or cause to be distributed any submit a report to the Congress on such compli- ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.—If free samples of cigarettes, smokeless tobacco, or ance not later than 18 months after the date of the date of enactment of the Family Smoking other tobacco products (as such term is defined enactment of the Family Smoking Prevention Prevention and Tobacco Control Act occurs dur- in section 201 of the Federal Food, Drug, and and Tobacco Control Act. ing fiscal year 2009, the following applies, sub- Cosmetic Act). ‘‘(5) Nothing in this paragraph shall be con- ‘‘(2)(A) Subparagraph (1) does not prohibit a ject to subsection (c): strued to authorize any person to distribute or manufacturer, distributor, or retailer from dis- ‘‘(1) The Secretary shall determine the fees cause to be distributed any sample of a tobacco tributing or causing to be distributed free sam- that would apply for a single quarter of such product to any individual who has not attained ples of smokeless tobacco in a qualified adult- fiscal year according to the application of sub- the minimum age established by applicable law only facility. section (b) to the amount specified in paragraph for the purchase of such product.’’. ‘‘(B) This subparagraph does not affect the (1)(A) of such subsection (referred to in this sub- (3) AMENDMENTS TO RULE.—Prior to making authority of a State or local government to pro- section as the ‘quarterly fee amounts’). amendments to the rule published under para- hibit or otherwise restrict the distribution of free ‘‘(2) For the quarter in which such date of en- graph (1), the Secretary shall promulgate a pro- samples of smokeless tobacco. actment occurs, the amount of fees assessed posed rule in accordance with chapter 5 of title ‘‘(C) For purposes of this paragraph, the term shall be a pro rata amount, determined accord- 5, United States Code. ‘qualified adult-only facility’ means a facility or ing to the number of days remaining in the (4) RULE OF CONSTRUCTION.—Except as pro- quarter (including such date of enactment) and restricted area that— ‘‘(i) requires each person present to provide to vided in paragraph (3), nothing in this section according to the daily equivalent of the quar- a law enforcement officer (whether on or off shall be construed to limit the authority of the terly fee amounts. Fees assessed under the pre- duty) or to a security guard licensed by a gov- Secretary to amend, in accordance with chapter ceding sentence shall not be collected until the ernmental entity government-issued identifica- 5 of title 5, United States Code, the regulation next quarter. promulgated pursuant to this section, including ‘‘(3) For the quarter following the quarter to tion showing a photograph and at least the minimum age established by applicable law for the the provisions of such regulation relating to dis- which paragraph (2) applies, the full quarterly tribution of free samples. fee amounts shall be assessed and collected, in purchase of smokeless tobacco; ‘‘(ii) does not sell, serve, or distribute alcohol; (5) ENFORCEMENT OF RETAIL SALE PROVI- addition to collection of the pro rata fees as- ‘‘(iii) is not located adjacent to or immediately SIONS.—The Secretary of Health and Human sessed under paragraph (2).’’. across from (in any direction) a space that is Services shall ensure that the provisions of this (c) CONFORMING AMENDMENT.—Section 9(1) of used primarily for youth-oriented marketing, division, the amendments made by this division, the Comprehensive Smokeless Tobacco Health promotional, or other activities; and the implementing regulations (including Education Act of 1986 (15 U.S.C. 4408(i)) is ‘‘(iv) is a temporary structure constructed, such provisions, amendments, and regulations amended to read as follows: designated, and operated as a distinct enclosed relating to the retail sale of tobacco products) ‘‘(1) The term ‘smokeless tobacco’ has the area for the purpose of distributing free samples are enforced with respect to the United States meaning given such term by section 900(18) of of smokeless tobacco in accordance with this and Indian tribes. the Federal Food, Drug, and Cosmetic Act.’’. subparagraph; (6) QUALIFIED ADULT-ONLY FACILITY.—A SEC. 102. FINAL RULE. ‘‘(v) is enclosed by a barrier that— qualified adult-only facility (as such term is de- (a) CIGARETTES AND SMOKELESS TOBACCO.— ‘‘(I) is constructed of, or covered with, an fined in section 897.16(d) of the final rule pub- (1) IN GENERAL.—On the first day of publica- opaque material (except for entrances and lished under paragraph (1)) that is also a re- tion of the Federal Register that is 180 days or exits); tailer and that commits a violation as a retailer more after the date of enactment of this Act, the ‘‘(II) extends from no more than 12 inches shall not be subject to the limitations in section Secretary of Health and Human Services shall above the ground or floor (which area at the 103(q) and shall be subject to penalties applica- publish in the Federal Register a final rule re- bottom of the barrier must be covered with mate- ble to a qualified adult-only facility. garding cigarettes and smokeless tobacco, rial that restricts visibility but may allow air- (7) CONGRESSIONAL REVIEW PROVISIONS.—Sec- which— flow) to at least 8 feet above the ground or floor tion 801 of title 5, United States Code, shall not (A) is deemed to be issued under chapter 9 of (or to the ceiling); and apply to the final rule published under para- the Federal Food, Drug, and Cosmetic Act, as ‘‘(III) prevents persons outside the qualified graph (1). added by section 101 of this division; and adult-only facility from seeing into the qualified (b) LIMITATION ON ADVISORY OPINIONS.—As of (B) shall be deemed to be in compliance with adult-only facility, unless they make unreason- the date of enactment of this Act, the following all applicable provisions of chapter 5 of title 5, able efforts to do so; and documents issued by the Food and Drug Admin- United States Code, and all other provisions of ‘‘(vi) does not display on its exterior— istration shall not constitute advisory opinions law relating to rulemaking procedures. ‘‘(I) any tobacco product advertising; under section 10.85(d)(1) of title 21, Code of Fed- (2) CONTENTS OF RULE.—Except as provided in ‘‘(II) a brand name other than in conjunction eral Regulations, except as they apply to to- this subsection, the final rule published under with words for an area or enclosure to identify bacco products, and shall not be cited by the paragraph (1), shall be identical in its provi- an adult-only facility; or Secretary of Health and Human Services or the sions to part 897 of the regulations promulgated ‘‘(III) any combination of words that would Food and Drug Administration as binding by the Secretary of Health and Human Services imply to a reasonable observer that the manu- precedent:

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14925 (1) The preamble to the proposed rule in the ‘‘(qq)(1) Forging, counterfeiting, simulating, (3) by adding at the end the following: document titled ‘‘Regulations Restricting the or falsely representing, or without proper au- ‘‘(8) If the Secretary finds that a person has Sale and Distribution of Cigarettes and Smoke- thority using any mark, stamp (including tax committed repeated violations of restrictions less Tobacco Products to Protect Children and stamp), tag, label, or other identification device promulgated under section 906(d) at a particular Adolescents’’ (60 Fed. Reg. 41314–41372 (August upon any tobacco product or container or label- retail outlet then the Secretary may impose a 11, 1995)). ing thereof so as to render such tobacco product no-tobacco-sale order on that person prohibiting (2) The document titled ‘‘Nicotine in Ciga- a counterfeit tobacco product. the sale of tobacco products in that outlet. A no- rettes and Smokeless Tobacco Products is a ‘‘(2) Making, selling, disposing of, or keeping tobacco-sale order may be imposed with a civil Drug and These Products Are Nicotine Delivery in possession, control, or custody, or concealing penalty under paragraph (1). Prior to the entry Devices Under the Federal Food, Drug, and any punch, die, plate, stone, or other item that of a no-sale order under this paragraph, a per- Cosmetic Act’’ (60 Fed. Reg. 41453–41787 (August is designed to print, imprint, or reproduce the son shall be entitled to a hearing pursuant to 11, 1995)). trademark, trade name, or other identifying the procedures established through regulations (3) The preamble to the final rule in the docu- mark, imprint, or device of another or any like- of the Food and Drug Administration for assessment titled ‘‘Regulations Restricting the Sale ness of any of the foregoing upon any tobacco ing civil money penalties, including at a retail- and Distribution of Cigarettes and Smokeless product or container or labeling thereof so as to er’s request a hearing by telephone, or at the Tobacco to Protect Children and Adolescents’’ render such tobacco product a counterfeit to- nearest regional or field office of the Food and (61 Fed. Reg. 44396–44615 (August 28, 1996)). bacco product. Drug Administration, or at a Federal, State, or (4) The document titled ‘‘Nicotine in Ciga- ‘‘(3) The doing of any act that causes a to- county facility within 100 miles from the loca- rettes and Smokeless Tobacco is a Drug and bacco product to be a counterfeit tobacco prod- tion of the retail outlet, if such a facility is These Products are Nicotine Delivery Devices uct, or the sale or dispensing, or the holding for available. Under the Federal Food, Drug, and Cosmetic sale or dispensing, of a counterfeit tobacco prod- ‘‘(9) CIVIL MONETARY PENALTIES FOR VIOLA- Act; Jurisdictional Determination’’ (61 Fed. Reg. uct. TION OF TOBACCO PRODUCT REQUIREMENTS.— 44619–45318 (August 28, 1996)). ‘‘(rr) The charitable distribution of tobacco ‘‘(A) IN GENERAL.—Subject to subparagraph SEC. 103. CONFORMING AND OTHER AMEND- products. (B), any person who violates a requirement of MENTS TO GENERAL PROVISIONS. ‘‘(ss) The failure of a manufacturer or dis- this Act which relates to tobacco products shall (a) AMENDMENT OF FEDERAL FOOD, DRUG, tributor to notify the Attorney General and the be liable to the United States for a civil penalty AND COSMETIC ACT.—Except as otherwise ex- Secretary of the Treasury of their knowledge of in an amount not to exceed $15,000 for each pressly provided, whenever in this section an tobacco products used in illicit trade. such violation, and not to exceed $1,000,000 for amendment is expressed in terms of an amend- ‘‘(tt) Making any express or implied statement all such violations adjudicated in a single pro- ment to, or repeal of, a section or other provi- or representation directed to consumers with re- ceeding. sion, the reference is to a section or other provi- spect to a tobacco product, in a label or labeling ‘‘(B) ENHANCED PENALTIES.— sion of the Federal Food, Drug, and Cosmetic or through the media or advertising, that either ‘‘(i) Any person who intentionally violates a Act (21 U.S.C. 301 et seq.). conveys, or misleads or would mislead con- requirement of section 902(5), 902(6), 904, 908(c), (b) SECTION 301.—Section 301 (21 U.S.C. 331) is sumers into believing, that— or 911(a), shall be subject to a civil monetary amended— ‘‘(1) the product is approved by the Food and penalty of— (1) in subsection (a), by inserting ‘‘tobacco Drug Administration; ‘‘(I) not to exceed $250,000 per violation, and product,’’ after ‘‘device,’’; ‘‘(2) the Food and Drug Administration deems not to exceed $1,000,000 for all such violations (2) in subsection (b), by inserting ‘‘tobacco the product to be safe for use by consumers; adjudicated in a single proceeding; or product,’’ after ‘‘device,’’; ‘‘(II) in the case of a violation that continues ‘‘(3) the product is endorsed by the Food and (3) in subsection (c), by inserting ‘‘tobacco after the Secretary provides written notice to Drug Administration for use by consumers; or product,’’ after ‘‘device,’’; such person, $250,000 for the first 30-day period ‘‘(4) the product is safe or less harmful by vir- (4) in subsection (e)— (or any portion thereof) that the person con- tue of— (A) by striking the period after ‘‘572(i)’’; and tinues to be in violation, and such amount shall ‘‘(A) its regulation or inspection by the Food (B) by striking ‘‘or 761 or the refusal to permit double for every 30-day period thereafter that and Drug Administration; or access to’’ and inserting ‘‘761, 909, or 920 or the the violation continues, not to exceed $1,000,000 ‘‘(B) its compliance with regulatory require- refusal to permit access to’’; for any 30-day period, and not to exceed ments set by the Food and Drug Administration; (5) in subsection (g), by inserting ‘‘tobacco $10,000,000 for all such violations adjudicated in including any such statement or representation product,’’ after ‘‘device,’’; a single proceeding. rendering the product misbranded under section (6) in subsection (h), by inserting ‘‘tobacco ‘‘(ii) Any person who violates a requirement of 903.’’. product,’’ after ‘‘device,’’; section 911(g)(2)(C)(ii) or 911(i)(1), shall be sub- (7) in subsection (j)— (c) SECTION 303.—Section 303(f) (21 U.S.C. ject to a civil monetary penalty of— (A) by striking the period after ‘‘573’’; and 333(f)) is amended— ‘‘(I) not to exceed $250,000 per violation, and (B) by striking ‘‘708, or 721’’ and inserting (1) in paragraph (5)— not to exceed $1,000,000 for all such violations ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; (A) by striking ‘‘paragraph (1), (2), (3), or (4)’’ adjudicated in a single proceeding; or (8) in subsection (k), by inserting ‘‘tobacco each place such appears and inserting ‘‘para- product,’’ after ‘‘device,’’; ‘‘(II) in the case of a violation that continues graph (1), (2), (3), (4), or (9)’’; after the Secretary provides written notice to (9) by striking subsection (p) and inserting the (B) in subparagraph (A)— following: such person, $250,000 for the first 30-day period (i) by striking ‘‘assessed’’ the first time it ap- (or any portion thereof) that the person con- ‘‘(p) The failure to register in accordance with pears and inserting ‘‘assessed, or a no-tobacco- section 510 or 905, the failure to provide any in- tinues to be in violation, and such amount shall sale order may be imposed,’’; and double for every 30-day period thereafter that formation required by section 510(j), 510(k), (ii) by striking ‘‘penalty’’ the second time it 905(i), or 905(j), or the failure to provide a notice the violation continues, not to exceed $1,000,000 appears and inserting ‘‘penalty, or upon whom for any 30-day period, and not to exceed required by section 510(j)(2) or 905(i)(3).’’; a no-tobacco-sale order is to be imposed,’’; (10) by striking subsection (q)(1) and inserting $10,000,000 for all such violations adjudicated in (C) in subparagraph (B)— the following: a single proceeding. (i) by inserting after ‘‘penalty,’’ the following: ‘‘(q)(1) The failure or refusal— ‘‘(iii) In determining the amount of a civil ‘‘(A) to comply with any requirement pre- ‘‘or the period to be covered by a no-tobacco- penalty under clause (i)(II) or (ii)(II), the Sec- scribed under section 518, 520(g), 903(b), 907, 908, sale order,’’; and retary shall take into consideration whether the or 915; (ii) by adding at the end the following: ‘‘A no- person is making efforts toward correcting the ‘‘(B) to furnish any notification or other ma- tobacco-sale order permanently prohibiting an violation of the requirements of the section for terial or information required by or under sec- individual retail outlet from selling tobacco which such person is subject to such civil pen- tion 519, 520(g), 904, 909, or 920; or products shall include provisions that allow the alty.’’. ‘‘(C) to comply with a requirement under sec- outlet, after a specified period of time, to request (d) SECTION 304.—Section 304 (21 U.S.C. 334) is tion 522 or 913.’’; that the Secretary compromise, modify, or termi- amended— (11) in subsection (q)(2), by striking ‘‘device,’’ nate the order.’’; and (1) in subsection (a)(2)— and inserting ‘‘device or tobacco product,’’; (D) by adding at the end the following: (A) by striking ‘‘and’’ before ‘‘(D)’’; and (12) in subsection (r), by inserting ‘‘or tobacco ‘‘(D) The Secretary may compromise, modify, (B) by striking ‘‘device.’’ and inserting the product’’ after the term ‘‘device’’ each time that or terminate, with or without conditions, any following: ‘‘device, and (E) Any adulterated or such term appears; and no-tobacco-sale order.’’; misbranded tobacco product.’’; (13) by adding at the end the following: (2) in paragraph (6)— (2) in subsection (d)(1), by inserting ‘‘tobacco ‘‘(oo) The sale of tobacco products in violation (A) by inserting ‘‘or the imposition of a no-to- product,’’ after ‘‘device,’’; of a no-tobacco-sale order issued under section bacco-sale order’’ after the term ‘‘penalty’’ each (3) in subsection (g)(1), by inserting ‘‘or to- 303(f). place such term appears; and bacco product’’ after the term ‘‘device’’ each ‘‘(pp) The introduction or delivery for intro- (B) by striking ‘‘issued.’’ and inserting place such term appears; and duction into interstate commerce of a tobacco ‘‘issued, or on which the no-tobacco-sale order (4) in subsection (g)(2)(A), by inserting ‘‘or to- product in violation of section 911. was imposed, as the case may be.’’; and bacco product’’ after ‘‘device’’.

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(e) SECTION 505.—Section 505(n)(2) (21 U.S.C. not conform to tobacco product standards estab- (iv) requiring its employees to verify age by 355(n)(2)) is amended by striking ‘‘section 904’’ lished pursuant to this Act; way of photographic identification or electronic and inserting ‘‘section 1004’’. ‘‘(B) the public health implications of such ex- scanning device; and (f) SECTION 523.—Section 523(b)(2)(D) (21 ports, including any evidence of a negative pub- (G) providing for the Secretary, in deter- U.S.C. 360m(b)(2)(D)) is amended by striking lic health impact; and mining whether to impose a no-tobacco-sale ‘‘section 903(g)’’ and inserting ‘‘section 1003(g)’’. ‘‘(C) recommendations or assessments of policy order and in determining whether to com- (g) SECTION 702.—Section 702(a)(1) (U.S.C. alternatives available to Congress and the exec- promise, modify, or terminate such an order, to 372(a)(1)) is amended— utive branch to reduce any negative public consider whether the retailer has taken effective (1) by striking ‘‘(a)(1)’’ and inserting health impact caused by such exports. steps to prevent violations of the minimum age ‘‘(a)(1)(A)’’; and ‘‘(2) The Secretary is authorized to establish requirements for the sale of tobacco products, (2) by adding at the end the following: appropriate information disclosure requirements including the steps listed in subparagraph (F). ‘‘(B)(i) For a tobacco product, to the extent to carry out this subsection.’’. (2) PENALTIES FOR VIOLATIONS.— feasible, the Secretary shall contract with the (m) SECTION 1003.—Section 1003(d)(2)(C) (as (A) IN GENERAL.—The amount of the civil pen- States in accordance with this paragraph to redesignated by section 101(b)) is amended— alty to be applied for violations of restrictions carry out inspections of retailers within that (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; and promulgated under section 906(d), as described State in connection with the enforcement of this (2) inserting ‘‘, and tobacco products’’ after in paragraph (1), shall be as follows: Act. ‘‘devices’’. (i) With respect to a retailer with an approved ‘‘(ii) The Secretary shall not enter into any (n) SECTION 1009.—Section 1009(b) (as redesig- training program, the amount of the civil pen- contract under clause (i) with the government of nated by section 101(b)) is amended by striking alty shall not exceed— any of the several States to exercise enforcement ‘‘section 908’’ and inserting ‘‘section 1008’’. (I) in the case of the first violation, $0.00 to- authority under this Act on Indian country (o) SECTION 409 OF THE FEDERAL MEAT IN- gether with the issuance of a warning letter to without the express written consent of the In- SPECTION ACT.—Section 409(a) of the Federal the retailer; dian tribe involved.’’. Meat Inspection Act (21 U.S.C. 679(a)) is amend- (II) in the case of a second violation within a (h) SECTION 703.—Section 703 (21 U.S.C. 373) is ed by striking ‘‘section 902(b)’’ and inserting 12-month period, $250; amended— ‘‘section 1002(b)’’. (III) in the case of a third violation within a (1) by inserting ‘‘tobacco product,’’ after the (p) RULE OF CONSTRUCTION.—Nothing in this 24-month period, $500; term ‘‘device,’’ each place such term appears; section is intended or shall be construed to ex- (IV) in the case of a fourth violation within a and pand, contract, or otherwise modify or amend 24-month period, $2,000; (2) by inserting ‘‘tobacco products,’’ after the the existing limitations on State government au- (V) in the case of a fifth violation within a 36- term ‘‘devices,’’ each place such term appears. thority over tribal restricted fee or trust lands. month period, $5,000; and ECTION (i) S 704.—Section 704 (21 U.S.C. 374) is (q) GUIDANCE AND EFFECTIVE DATES.— (VI) in the case of a sixth or subsequent viola- amended— (1) IN GENERAL.—The Secretary of Health and tion within a 48-month period, $10,000 as deter- (1) in subsection (a)(1)— Human Services shall issue guidance— mined by the Secretary on a case-by-case basis. (A) by striking ‘‘devices, or cosmetics’’ each (A) defining the term ‘‘repeated violation’’, as (ii) With respect to a retailer that does not place it appears and inserting ‘‘devices, tobacco used in section 303(f)(8) of the Federal Food, have an approved training program, the amount products, or cosmetics’’; Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) as of the civil penalty shall not exceed— (B) by striking ‘‘or restricted devices’’ each amended by subsection (c), as including at least (I) in the case of the first violation, $250; place it appears and inserting ‘‘restricted de- 5 violations of particular requirements over a 36- (II) in the case of a second violation within a vices, or tobacco products’’; and month period at a particular retail outlet that 12-month period, $500; (C) by striking ‘‘and devices and subject to’’ constitute a repeated violation and providing (III) in the case of a third violation within a and all that follows through ‘‘other drugs or de- for civil penalties in accordance with paragraph 24-month period, $1,000; vices’’ and inserting ‘‘devices, and tobacco prod- (2); (IV) in the case of a fourth violation within a ucts and subject to reporting and inspection (B) providing for timely and effective notice 24-month period, $2,000; under regulations lawfully issued pursuant to by certified or registered mail or personal deliv- (V) in the case of a fifth violation within a 36- section 505 (i) or (k), section 519, section 520(g), ery to the retailer of each alleged violation at a month period, $5,000; and or chapter IX and data relating to other drugs, particular retail outlet prior to conducting a fol- (VI) in the case of a sixth or subsequent viola- devices, or tobacco products’’; (2) in subsection (b), by inserting ‘‘tobacco lowup compliance check, such notice to be sent tion within a 48-month period, $10,000 as deter- product,’’ after ‘‘device,’’; and to the location specified on the retailer’s reg- mined by the Secretary on a case-by-case basis. (3) in subsection (g)(13), by striking ‘‘section istration or to the retailer’s registered agent if (B) TRAINING PROGRAM.—For purposes of sub- 903(g)’’ and inserting ‘‘section 1003(g)’’. the retailer has provider such agent information paragraph (A), the term ‘‘approved training (j) SECTION 705.—Section 705(b) (21 U.S.C. to the Food and Drug Administration prior to program’’ means a training program that com- 375(b)) is amended by inserting ‘‘tobacco prod- the violation; plies with standards developed by the Food and ucts,’’ after ‘‘devices,’’. (C) providing for a hearing pursuant to the Drug Administration for such programs. (k) SECTION 709.—Section 709 (21 U.S.C. 379a) procedures established through regulations of (C) CONSIDERATION OF STATE PENALTIES.—The is amended by inserting ‘‘tobacco product,’’ the Food and Drug Administration for assessing Secretary shall coordinate with the States in en- after ‘‘device,’’. civil money penalties, including at a retailer’s forcing the provisions of this Act and, for pur- (l) SECTION 801.—Section 801 (21 U.S.C. 381) is request a hearing by telephone or at the nearest poses of mitigating a civil penalty to be applied amended— regional or field office of the Food and Drug for a violation by a retailer of any restriction (1) in subsection (a)— Administration, and providing for an expedited promulgated under section 906(d), shall consider (A) by inserting ‘‘tobacco products,’’ after the procedure for the administrative appeal of an the amount of any penalties paid by the retailer term ‘‘devices,’’; alleged violation; to a State for the same violation. (B) by inserting ‘‘or section 905(h)’’ after ‘‘sec- (D) providing that a person may not be (3) GENERAL EFFECTIVE DATE.—The amend- tion 510’’; and charged with a violation at a particular retail ments made by paragraphs (2), (3), and (4) of (C) by striking the term ‘‘drugs or devices’’ outlet unless the Secretary has provided notice subsection (c) shall take effect upon the each time such term appears and inserting to the retailer of all previous violations at that issuance of guidance described in paragraph (1) ‘‘drugs, devices, or tobacco products’’; outlet; of this subsection. (2) in subsection (e)(1)— (E) establishing that civil money penalties for (4) SPECIAL EFFECTIVE DATE.—The amendment (A) by inserting ‘‘tobacco product’’ after multiple violations shall increase from one viola- made by subsection (c)(1) shall take effect on ‘‘drug, device,’’; and tion to the next violation pursuant to paragraph the date of enactment of this Act. (B) by inserting ‘‘, and a tobacco product in- (2) within the time periods provided for in such (5) PACKAGE LABEL REQUIREMENTS.—The tended for export shall not be deemed to be in paragraph; package label requirements of paragraphs (3) violation of section 906(e), 907, 911, or 920(a),’’ (F) providing that good faith reliance on the and (4) of section 903(a) of the Federal Food, before ‘‘if it—’’; and presentation of a false government-issued photo- Drug, and Cosmetic Act (as amended by this di- (3) by adding at the end the following: graphic identification that contains a date of vision) shall take effect on the date that is 12 ‘‘(p)(1) Not later than 36 months after the date birth does not constitute a violation of any min- months after the date of enactment of this Act. of enactment of the Family Smoking Prevention imum age requirement for the sale of tobacco The package label requirements of paragraph (2) and Tobacco Control Act, and annually there- products if the retailer has taken effective steps of such section 903(a) for cigarettes shall take after, the Secretary shall submit to the Com- to prevent such violations, including— effect on the date that is 15 months after the mittee on Health, Education, Labor, and Pen- (i) adopting and enforcing a written policy issuance of the regulations required by section sions of the Senate and the Committee on En- against sales to minors; 4(d) of the Federal Cigarette Labeling and Ad- ergy and Commerce of the House of Representa- (ii) informing its employees of all applicable vertising Act (15 U.S.C. 1333), as amended by tives, a report regarding— laws; section 201 of this division. The package label ‘‘(A) the nature, extent, and destination of (iii) establishing disciplinary sanctions for em- requirements of paragraph (2) of such section United States tobacco product exports that do ployee noncompliance; and 903(a) for tobacco products other than cigarettes

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14927 shall take effect on the date that is 12 months ments of progress, and the identification of any ground, or white on a black background, in a after the date of enactment of this Act. The ef- areas that have not been fully implemented; manner that contrasts, by typography, layout, fective date shall be with respect to the date of (2) impediments identified by the Food and or color, with all other printed material on the manufacture, provided that, in any case, begin- Drug Administration to progress in imple- package, in an alternating fashion under the ning 30 days after such effective date, a manu- menting this division and to meeting statutory plan submitted under subsection (c). facturer shall not introduce into the domestic timeframes; ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- commerce of the United States any product, irre- (3) data on the number of new product appli- TION.—The provisions of this subsection do not spective of the date of manufacture, that is not cations received under section 910 of the Federal apply to a tobacco product manufacturer or dis- in conformance with section 903(a) (2), (3), and Food, Drug, and Cosmetic Act and modified risk tributor of cigarettes which does not manufac- (4) and section 920(a) of the Federal Food, product applications received under section 911 ture, package, or import cigarettes for sale or Drug, and Cosmetic Act. of such Act, and the number of applications distribution within the United States. (6) ADVERTISING REQUIREMENTS.—The adver- acted on under each category; and ‘‘(4) APPLICABILITY TO RETAILERS.—A retailer tising requirements of section 903(a)(8) of the (4) data on the number of full time equivalents of cigarettes shall not be in violation of this sub- Federal Food, Drug, and Cosmetic Act (as engaged in implementing this division. section for packaging that— amended by this division) shall take effect on (b) GAO REPORT.—Not later than 5 years ‘‘(A) contains a warning label; the date that is 12 months after the date of en- after the date of enactment of this Act, the ‘‘(B) is supplied to the retailer by a license- or actment of this Act. Comptroller General of the United States shall permit-holding tobacco product manufacturer, conduct a study of, and submit to the Commit- importer, or distributor; and SEC. 104. STUDY ON RAISING THE MINIMUM AGE ‘‘(C) is not altered by the retailer in a way TO PURCHASE TOBACCO PRODUCTS. tees described in subsection (a) a report con- that is material to the requirements of this sub- The Secretary of Health and Human Services cerning— section. shall— (1) the adequacy of the authority and resources provided to the Secretary of Health and ‘‘(b) ADVERTISING REQUIREMENTS.— (1) convene an expert panel to conduct a ‘‘(1) IN GENERAL.—It shall be unlawful for Human Services for this division to carry out its study on the public health implications of rais- any tobacco product manufacturer, importer, goals and purposes; and ing the minimum age to purchase tobacco prod- distributor, or retailer of cigarettes to advertise ucts; and (2) any recommendations for strengthening that authority to more effectively protect the or cause to be advertised within the United (2) not later than 5 years after the date of en- States any cigarette unless its advertising bears, actment of this Act, submit a report to the Con- public health with respect to the manufacture, marketing, and distribution of tobacco products. in accordance with the requirements of this sec- gress on the results of such study. tion, one of the labels specified in subsection (c) PUBLIC AVAILABILITY.—The Secretary of SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- Health and Human Services and the Comptroller (a). VERTISING AND PROMOTION RE- ‘‘(2) TYPOGRAPHY, ETC.—Each label statement General of the United States, respectively, shall STRICTIONS. required by subsection (a) in cigarette adver- make the reports required under subsection (a) (a) ACTION PLAN.— tising shall comply with the standards set forth and (b) available to the public, including by (1) DEVELOPMENT.—Not later than 6 months in this paragraph. For press and poster adver- posting such reports on the respective Internet after the date of enactment of this Act, the Sec- tisements, each such statement and (where ap- websites of the Food and Drug Administration retary of Health and Human Services (in this plicable) any required statement relating to tar, and the Government Accountability Office. section referred to as the ‘‘Secretary’’) shall de- nicotine, or other constituent (including a velop and publish an action plan to enforce re- TITLE II—TOBACCO PRODUCT WARNINGS; smoke constituent) yield shall comprise at least strictions adopted pursuant to section 906 of the CONSTITUENT AND SMOKE CON- 20 percent of the area of the advertisement and Federal Food, Drug, and Cosmetic Act, as added STITUENT DISCLOSURE shall appear in a conspicuous and prominent by section 101(b) of this division, or pursuant to SEC. 201. CIGARETTE LABEL AND ADVERTISING format and location at the top of each advertise- section 102(a) of this division, on promotion and WARNINGS. ment within the trim area. The Secretary may advertising of menthol and other cigarettes to (a) AMENDMENT.—Section 4 of the Federal revise the required type sizes in such area in youth. Cigarette Labeling and Advertising Act (15 such manner as the Secretary determines appro- (2) CONSULTATION.—The action plan required U.S.C. 1333) is amended to read as follows: priate. The word ‘WARNING’ shall appear in by paragraph (1) shall be developed in consulta- ‘‘SEC. 4. LABELING. capital letters, and each label statement shall tion with public health organizations and other ‘‘(a) LABEL REQUIREMENTS.— appear in conspicuous and legible type. The text stakeholders with demonstrated expertise and ‘‘(1) IN GENERAL.—It shall be unlawful for of the label statement shall be black if the back- experience in serving minority communities. any person to manufacture, package, sell, offer ground is white and white if the background is (3) PRIORITY.—The action plan required by to sell, distribute, or import for sale or distribu- black, under the plan submitted under subparagraph (1) shall include provisions designed tion within the United States any cigarettes the section (c). The label statements shall be en- to ensure enforcement of the restrictions de- package of which fails to bear, in accordance closed by a rectangular border that is the same scribed in paragraph (1) in minority commu- with the requirements of this section, one of the color as the letters of the statements and that is nities. following labels: the width of the first downstroke of the capital (b) STATE AND LOCAL ACTIVITIES.— ‘‘WARNING: Cigarettes are addictive. ‘W’ of the word ‘WARNING’ in the label state- (1) INFORMATION ON AUTHORITY.—Not later ‘‘WARNING: Tobacco smoke can harm your ments. The text of such label statements shall be than 3 months after the date of enactment of children. in a typeface pro rata to the following require- this Act, the Secretary shall inform State, local, ‘‘WARNING: Cigarettes cause fatal lung dis- ments: 45-point type for a whole-page and tribal governments of the authority pro- ease. broadsheet newspaper advertisement; 39-point vided to such entities under section 5(c) of the ‘‘WARNING: Cigarettes cause cancer. type for a half-page broadsheet newspaper ad- Federal Cigarette Labeling and Advertising Act, ‘‘WARNING: Cigarettes cause strokes and vertisement; 39-point type for a whole-page tab- as added by section 203 of this division, or pre- heart disease. loid newspaper advertisement; 27-point type for served by such entities under section 916 of the ‘‘WARNING: Smoking during pregnancy can a half-page tabloid newspaper advertisement; Federal Food, Drug, and Cosmetic Act, as added harm your baby. 31.5-point type for a double page spread maga- by section 101(b) of this division. ‘‘WARNING: Smoking can kill you. zine or whole-page magazine advertisement; (2) COMMUNITY ASSISTANCE.—At the request of ‘‘WARNING: Tobacco smoke causes fatal lung 22.5-point type for a 28 centimeter by 3 column communities seeking assistance to prevent un- disease in nonsmokers. advertisement; and 15-point type for a 20 centi- derage tobacco use, the Secretary shall provide ‘‘WARNING: Quitting smoking now greatly meter by 2 column advertisement. The label such assistance, including assistance with strat- reduces serious risks to your health. statements shall be in English, except that— egies to address the prevention of underage to- ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each ‘‘(A) in the case of an advertisement that ap- bacco use in communities with a dispropor- label statement required by paragraph (1) shall pears in a newspaper, magazine, periodical, or tionate use of menthol cigarettes by minors. be located in the upper portion of the front and other publication that is not in English, the SEC. 106. STUDIES OF PROGRESS AND EFFEC- rear panels of the package, directly on the pack- statements shall appear in the predominant lan- TIVENESS. age underneath the cellophane or other clear guage of the publication; and (a) FDA REPORT.—Not later than 3 years wrapping. Each label statement shall comprise ‘‘(B) in the case of any other advertisement after the date of enactment of this Act, and not the top 50 percent of the front and rear panels that is not in English, the statements shall ap- less than every 2 years thereafter, the Secretary of the package. The word ‘WARNING’ shall appear in the same language as that principally of Health and Human Services shall submit to pear in capital letters and all text shall be in used in the advertisement. the Committee on Health, Education, Labor, conspicuous and legible 17-point type, unless ‘‘(3) MATCHBOOKS.—Notwithstanding para- and Pensions of the Senate and the Committee the text of the label statement would occupy graph (2), for matchbooks (defined as con- on Energy and Commerce of the House of Rep- more than 70 percent of such area, in which taining not more than 20 matches) customarily resentatives, a report concerning— case the text may be in a smaller conspicuous given away with the purchase of tobacco prod- (1) the progress of the Food and Drug Admin- and legible type size, provided that at least 60 ucts, each label statement required by sub- istration in implementing this division, includ- percent of such area is occupied by required section (a) may be printed on the inside cover of ing major accomplishments, objective measure- text. The text shall be black on a white back- the matchbook.

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‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- SEC. 202. AUTHORITY TO REVISE CIGARETTE such warning area is occupied by the label retary may, through a rulemaking under section WARNING LABEL STATEMENTS. statement. 553 of title 5, United States Code, adjust the for- (a) PREEMPTION.—Section 5(a) of the Federal ‘‘(3) The label statements required by para- mat and type sizes for the label statements re- Cigarette Labeling and Advertising Act (15 graph (1) shall be introduced by each tobacco quired by this section; the text, format, and type U.S.C. 1334(a)) is amended by striking ‘‘No’’ and product manufacturer, packager, importer, dis- sizes of any required tar, nicotine yield, or other inserting ‘‘Except to the extent the Secretary re- tributor, or retailer of smokeless tobacco prod- constituent (including smoke constituent) disclo- quires additional or different statements on any ucts concurrently into the distribution chain of sures; or the text, format, and type sizes for any cigarette package by a regulation, by an order, such products. other disclosures required under the Federal by a standard, by an authorization to market a ‘‘(4) The provisions of this subsection do not Food, Drug, and Cosmetic Act. The text of any product, or by a condition of marketing a prod- apply to a tobacco product manufacturer or dis- such label statements or disclosures shall be re- uct, pursuant to the Family Smoking Prevention tributor of any smokeless tobacco product that quired to appear only within the 20 percent area and Tobacco Control Act (and the amendments does not manufacture, package, or import of cigarette advertisements provided by para- made by that Act), or as required under section smokeless tobacco products for sale or distribu- graph (2). The Secretary shall promulgate regu- 903(a)(2) or section 920(a) of the Federal Food, tion within the United States. lations which provide for adjustments in the for- Drug, and Cosmetic Act, no’’. ‘‘(5) A retailer of smokeless tobacco products mat and type sizes of any text required to ap- (b) CHANGE IN REQUIRED STATEMENTS.—Sec- shall not be in violation of this subsection for pear in such area to ensure that the total text tion 4 of the Federal Cigarette Labeling and Ad- packaging that— required to appear by law will fit within such vertising Act (15 U.S.C. 1333), as amended by ‘‘(A) contains a warning label; area. section 201, is further amended by adding at the ‘‘(B) is supplied to the retailer by a license- or ‘‘(c) MARKETING REQUIREMENTS.— end the following: permit-holding tobacco product manufacturer, ‘‘(1) RANDOM DISPLAY.—The label statements ‘‘(d) CHANGE IN REQUIRED STATEMENTS.—The importer, or distributor; and specified in subsection (a)(1) shall be randomly Secretary through a rulemaking conducted ‘‘(C) is not altered by the retailer in a way displayed in each 12-month period, in as equal under section 553 of title 5, United States Code, that is material to the requirements of this sub- a number of times as is possible on each brand may adjust the format, type size, color graphics, section. of the product and be randomly distributed in and text of any of the label requirements, or es- ‘‘(b) REQUIRED LABELS.— all areas of the United States in which the prod- tablish the format, type size, and text of any ‘‘(1) It shall be unlawful for any tobacco uct is marketed in accordance with a plan sub- other disclosures required under the Federal product manufacturer, packager, importer, dis- mitted by the tobacco product manufacturer, im- Food, Drug, and Cosmetic Act, if the Secretary tributor, or retailer of smokeless tobacco prod- porter, distributor, or retailer and approved by finds that such a change would promote greater ucts to advertise or cause to be advertised with- the Secretary. public understanding of the risks associated in the United States any smokeless tobacco ‘‘(2) ROTATION.—The label statements speci- with the use of tobacco products.’’. product unless its advertising bears, in accord- fied in subsection (a)(1) shall be rotated quar- SEC. 203. STATE REGULATION OF CIGARETTE AD- ance with the requirements of this section, one terly in alternating sequence in advertisements VERTISING AND PROMOTION. of the labels specified in subsection (a). for each brand of cigarettes in accordance with Section 5 of the Federal Cigarette Labeling ‘‘(2)(A) Each label statement required by sub- a plan submitted by the tobacco product manu- and Advertising Act (15 U.S.C. 1334) is amended section (a) in smokeless tobacco advertising facturer, importer, distributor, or retailer to, by adding at the end the following: shall comply with the standards set forth in this and approved by, the Secretary. ‘‘(c) EXCEPTION.—Notwithstanding subsection paragraph. ‘‘(3) REVIEW.—The Secretary shall review (b), a State or locality may enact statutes and ‘‘(B) For press and poster advertisements, each plan submitted under paragraph (2) and promulgate regulations, based on smoking and each such statement and (where applicable) any approve it if the plan— health, that take effect after the effective date ‘‘(A) will provide for the equal distribution required statement relating to tar, nicotine, or of the Family Smoking Prevention and Tobacco and display on packaging and the rotation re- other constituent yield shall comprise at least 20 Control Act, imposing specific bans or restric- quired in advertising under this subsection; and percent of the area of the advertisement. tions on the time, place, and manner, but not ‘‘(B) assures that all of the labels required ‘‘(C) The word ‘WARNING’ shall appear in content, of the advertising or promotion of any under this section will be displayed by the to- capital letters, and each label statement shall cigarettes.’’. bacco product manufacturer, importer, dis- appear in conspicuous and legible type. tributor, or retailer at the same time. SEC. 204. SMOKELESS TOBACCO LABELS AND AD- ‘‘(D) The text of the label statement shall be ‘‘(4) APPLICABILITY TO RETAILERS.—This sub- VERTISING WARNINGS. black on a white background, or white on a section and subsection (b) apply to a retailer (a) AMENDMENT.—Section 3 of the Comprehen- black background, in an alternating fashion only if that retailer is responsible for or directs sive Smokeless Tobacco Health Education Act of under the plan submitted under paragraph (3). the label statements required under this section 1986 (15 U.S.C. 4402) is amended to read as fol- ‘‘(E) The label statements shall be enclosed by except that this paragraph shall not relieve a re- lows: a rectangular border that is the same color as tailer of liability if the retailer displays, in a lo- ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. the letters of the statements and that is the cation open to the public, an advertisement that ‘‘(a) GENERAL RULE.— width of the first downstroke of the capital ‘W’ does not contain a warning label or has been al- ‘‘(1) It shall be unlawful for any person to of the word ‘WARNING’ in the label statements. tered by the retailer in a way that is material to manufacture, package, sell, offer to sell, dis- ‘‘(F) The text of such label statements shall be the requirements of this subsection and sub- tribute, or import for sale or distribution within in a typeface pro rata to the following require- section (b). the United States any smokeless tobacco product ments: 45-point type for a whole-page ‘‘(d) GRAPHIC LABEL STATEMENTS.—Not later unless the product package bears, in accordance broadsheet newspaper advertisement; 39-point than 24 months after the date of enactment of with the requirements of this Act, one of the fol- type for a half-page broadsheet newspaper ad- the Family Smoking Prevention and Tobacco lowing labels: vertisement; 39-point type for a whole-page tab- Control Act, the Secretary shall issue regula- ‘‘WARNING: This product can cause mouth loid newspaper advertisement; 27-point type for tions that require color graphics depicting the cancer. a half-page tabloid newspaper advertisement; negative health consequences of smoking to ac- ‘‘WARNING: This product can cause gum dis- 31.5-point type for a double page spread maga- company the label statements specified in sub- ease and tooth loss. zine or whole-page magazine advertisement; section (a)(1). The Secretary may adjust the ‘‘WARNING: This product is not a safe alter- 22.5-point type for a 28 centimeter by 3 column type size, text and format of the label statements native to cigarettes. advertisement; and 15-point type for a 20 centi- specified in subsections (a)(2) and (b)(2) as the ‘‘WARNING: Smokeless tobacco is addictive. meter by 2 column advertisement. Secretary determines appropriate so that both ‘‘(2) Each label statement required by para- ‘‘(G) The label statements shall be in English, the graphics and the accompanying label state- graph (1) shall be— except that— ments are clear, conspicuous, legible and appear ‘‘(A) located on the 2 principal display panels ‘‘(i) in the case of an advertisement that ap- within the specified area.’’. of the package, and each label statement shall pears in a newspaper, magazine, periodical, or (b) EFFECTIVE DATE.—The amendment made comprise at least 30 percent of each such display other publication that is not in English, the by subsection (a) shall take effect 15 months panel; and statements shall appear in the predominant lan- after the issuance of the regulations required by ‘‘(B) in 17-point conspicuous and legible type guage of the publication; and subsection (a). Such effective date shall be with and in black text on a white background, or ‘‘(ii) in the case of any other advertisement respect to the date of manufacture, provided white text on a black background, in a manner that is not in English, the statements shall ap- that, in any case, beginning 30 days after such that contrasts by typography, layout, or color, pear in the same language as that principally effective date, a manufacturer shall not intro- with all other printed material on the package, used in the advertisement. duce into the domestic commerce of the United in an alternating fashion under the plan sub- ‘‘(3)(A) The label statements specified in sub- States any product, irrespective of the date of mitted under subsection (b)(3), except that if the section (a)(1) shall be randomly displayed in manufacture, that is not in conformance with text of a label statement would occupy more each 12-month period, in as equal a number of section 4 of the Federal Cigarette Labeling and than 70 percent of the area specified by sub- times as is possible on each brand of the product Advertising Act (15 U.S.C. 1333), as amended by paragraph (A), such text may appear in a small- and be randomly distributed in all areas of the subsection (a). er type size, so long as at least 60 percent of United States in which the product is marketed

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14929 in accordance with a plan submitted by the to- mote greater public understanding of the risks ment ‘sale only allowed in the United States’. bacco product manufacturer, importer, dis- associated with the use of smokeless tobacco Beginning 15 months after the issuance of the tributor, or retailer and approved by the Sec- products.’’. regulations required by section 4(d) of the Fed- retary. (b) PREEMPTION.—Section 7(a) of the Com- eral Cigarette Labeling and Advertising Act (15 ‘‘(B) The label statements specified in sub- prehensive Smokeless Tobacco Health Education U.S.C. 1333), as amended by section 201 of Fam- section (a)(1) shall be rotated quarterly in alter- Act of 1986 (15 U.S.C. 4406(a)) is amended by ily Smoking Prevention and Tobacco Control nating sequence in advertisements for each striking ‘‘No’’ and inserting ‘‘Except as provided Act, the label, packaging, and shipping con- brand of smokeless tobacco product in accord- in the Family Smoking Prevention and Tobacco tainers of cigarettes for introduction or delivery ance with a plan submitted by the tobacco prod- Control Act (and the amendments made by that for introduction into interstate commerce in the uct manufacturer, importer, distributor, or re- Act), no’’. United States shall bear the statement ‘Sale tailer to, and approved by, the Secretary. SEC. 206. TAR, NICOTINE, AND OTHER SMOKE only allowed in the United States’. ‘‘(C) The Secretary shall review each plan CONSTITUENT DISCLOSURE TO THE ‘‘(2) EFFECTIVE DATE.—The effective date submitted under subparagraphs (A) and (B) and PUBLIC. specified in paragraph (1) shall be with respect approve it if the plan— Section 4 of the Federal Cigarette Labeling to the date of manufacture, provided that, in ‘‘(i) will provide for the equal distribution and and Advertising Act (15 U.S.C. 1333), as amend- any case, beginning 30 days after such effective display on packaging and the rotation required ed by sections 201 and 202, is further amended date, a manufacturer shall not introduce into in advertising under this subsection; and by adding at the end the following: the domestic commerce of the United States any ‘‘(ii) assures that all of the labels required ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- product, irrespective of the date of manufacture, under this section will be displayed by the to- STITUENT DISCLOSURE.— that is not in conformance with such para- bacco product manufacturer, importer, dis- ‘‘(1) IN GENERAL.—The Secretary shall, by a graph. tributor, or retailer at the same time. rulemaking conducted under section 553 of title ‘‘(b) REGULATIONS CONCERNING RECORD- ‘‘(D) This paragraph applies to a retailer only 5, United States Code, determine (in the Sec- KEEPING FOR TRACKING AND TRACING.— if that retailer is responsible for or directs the retary’s sole discretion) whether cigarette and ‘‘(1) IN GENERAL.—The Secretary shall pro- label statements under this section, unless the other tobacco product manufacturers shall be mulgate regulations regarding the establishment retailer displays, in a location open to the pub- required to include in the area of each cigarette and maintenance of records by any person who lic, an advertisement that does not contain a advertisement specified by subsection (b) of this manufactures, processes, transports, distributes, warning label or has been altered by the retailer section, or on the package label, or both, the tar receives, packages, holds, exports, or imports to- in a way that is material to the requirements of and nicotine yields of the advertised or pack- bacco products. this subsection. aged brand. Any such disclosure shall be in ac- ‘‘(2) INSPECTION.—In promulgating the regula- ‘‘(4) The Secretary may, through a rule- cordance with the methodology established tions described in paragraph (1), the Secretary making under section 553 of title 5, United under such regulations, shall conform to the shall consider which records are needed for in- States Code, adjust the format and type sizes for type size requirements of subsection (b) of this spection to monitor the movement of tobacco the label statements required by this section; the section, and shall appear within the area speci- products from the point of manufacture through text, format, and type sizes of any required tar, fied in subsection (b) of this section. distribution to retail outlets to assist in inves- nicotine yield, or other constituent disclosures; ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- tigating potential illicit trade, smuggling, or or the text, format, and type sizes for any other ferences between the requirements established counterfeiting of tobacco products. disclosures required under the Federal Food, by the Secretary under paragraph (1) and tar ‘‘(3) CODES.—The Secretary may require codes Drug, and Cosmetic Act. The text of any such and nicotine yield reporting requirements estab- on the labels of tobacco products or other de- label statements or disclosures shall be required lished by the Federal Trade Commission shall be signs or devices for the purpose of tracking or to appear only within the 20 percent area of ad- resolved by a memorandum of understanding be- tracing the tobacco product through the dis- vertisements provided by paragraph (2). The tween the Secretary and the Federal Trade tribution system. Secretary shall promulgate regulations which Commission. ‘‘(4) SIZE OF BUSINESS.—The Secretary shall provide for adjustments in the format and type ‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT take into account the size of a business in pro- sizes of any text required to appear in such area CONSTITUENTS.—In addition to the disclosures mulgating regulations under this section. to ensure that the total text required to appear required by paragraph (1), the Secretary may, ‘‘(5) RECORDKEEPING BY RETAILERS.—The Sec- by law will fit within such area. under a rulemaking conducted under section 553 retary shall not require any retailer to maintain ‘‘(c) TELEVISION AND RADIO ADVERTISING.—It of title 5, United States Code, prescribe disclo- records relating to individual purchasers of to- is unlawful to advertise smokeless tobacco on sure requirements regarding the level of any cig- bacco products for personal consumption. any medium of electronic communications sub- arette or other tobacco product constituent in- ‘‘(c) RECORDS INSPECTION.—If the Secretary ject to the jurisdiction of the Federal Commu- cluding any smoke constituent. Any such disclo- has a reasonable belief that a tobacco product is nications Commission.’’. sure may be required if the Secretary determines part of an illicit trade or smuggling or is a coun- (b) EFFECTIVE DATE.—The amendment made that disclosure would be of benefit to the public terfeit product, each person who manufactures, by subsection (a) shall take effect 12 months health, or otherwise would increase consumer processes, transports, distributes, receives, after the date of enactment of this Act. Such ef- awareness of the health consequences of the use holds, packages, exports, or imports tobacco fective date shall be with respect to the date of of tobacco products, except that no such pre- products shall, at the request of an officer or manufacture, provided that, in any case, begin- scribed disclosure shall be required on the face employee duly designated by the Secretary, per- ning 30 days after such effective date, a manu- of any cigarette package or advertisement. mit such officer or employee, at reasonable times facturer shall not introduce into the domestic Nothing in this section shall prohibit the Sec- and within reasonable limits and in a reason- commerce of the United States any product, irre- retary from requiring such prescribed disclosure able manner, upon the presentation of appro- spective of the date of manufacture, that is not through a cigarette or other tobacco product priate credentials and a written notice to such in conformance with section 3 of the Com- package or advertisement insert, or by any other person, to have access to and copy all records prehensive Smokeless Tobacco Health Education means under the Federal Food, Drug, and Cos- (including financial records) relating to such ar- Act of 1986 (15 U.S.C. 4402), as amended by sub- metic Act. ticle that are needed to assist the Secretary in section (a). ‘‘(4) RETAILERS.—This subsection applies to a investigating potential illicit trade, smuggling, retailer only if that retailer is responsible for or or counterfeiting of tobacco products. The Sec- SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- directs the label statements required under this BACCO PRODUCT WARNING LABEL retary shall not authorize an officer or employee STATEMENTS. section.’’. of the government of any of the several States to (a) IN GENERAL.—Section 3 of the Comprehen- TITLE III—PREVENTION OF ILLICIT exercise authority under the preceding sentence sive Smokeless Tobacco Health Education Act of TRADE IN TOBACCO PRODUCTS on Indian country without the express written 1986 (15 U.S.C. 4402), as amended by section 204, SEC. 301. LABELING, RECORDKEEPING, RECORDS consent of the Indian tribe involved. is further amended by adding at the end the fol- INSPECTION. ‘‘(d) KNOWLEDGE OF ILLEGAL TRANSACTION.— lowing: Chapter IX of the Federal Food, Drug, and ‘‘(1) NOTIFICATION.—If the manufacturer or ‘‘(d) AUTHORITY TO REVISE WARNING LABEL Cosmetic Act, as added by section 101, is further distributor of a tobacco product has knowledge STATEMENTS.—The Secretary may, by a rule- amended by adding at the end the following: which reasonably supports the conclusion that making conducted under section 553 of title 5, ‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS a tobacco product manufactured or distributed United States Code, adjust the format, type size, INSPECTION. by such manufacturer or distributor that has and text of any of the label requirements, re- ‘‘(a) ORIGIN LABELING.— left the control of such person may be or has quire color graphics to accompany the text, in- ‘‘(1) REQUIREMENT.—Beginning 1 year after been— crease the required label area from 30 percent up the date of enactment of the Family Smoking ‘‘(A) imported, exported, distributed, or of- to 50 percent of the front and rear panels of the Prevention and Tobacco Control Act, the label, fered for sale in interstate commerce by a person package, or establish the format, type size, and packaging, and shipping containers of tobacco without paying duties or taxes required by law; text of any other disclosures required under the products other than cigarettes for introduction or Federal Food, Drug, and Cosmetic Act, if the or delivery for introduction into interstate com- ‘‘(B) imported, exported, distributed, or di- Secretary finds that such a change would pro- merce in the United States shall bear the state- verted for possible illicit marketing,

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the manufacturer or distributor shall promptly Sec. 109. Accounts for surviving spouses. ‘‘(b) AUTHORITY TO ESTABLISH.—The Execu- notify the Attorney General and the Secretary Sec. 110. Treatment of members of the uni- tive Director shall by regulation provide for the of the Treasury of such knowledge. formed services under the Thrift inclusion in the Thrift Savings Plan of a quali- ‘‘(2) KNOWLEDGE DEFINED.—For purposes of Savings Plan. fied Roth contribution program, under such this subsection, the term ‘knowledge’ as applied TITLE II—SPECIAL SURVIVOR INDEMNITY terms and conditions as the Board may pre- to a manufacturer or distributor means— ALLOWANCE FOR SURVIVING SPOUSES scribe. ‘‘(A) the actual knowledge that the manufac- OF ARMED FORCES MEMBERS ‘‘(c) REQUIRED PROVISIONS.—The regulations turer or distributor had; or Sec. 201. Increase in monthly amount of special under subsection (b) shall include— ‘‘(B) the knowledge which a reasonable per- survivor indemnity allowance for ‘‘(1) provisions under which an election to son would have had under like circumstances or widows and widowers of deceased make designated Roth contributions may be which would have been obtained upon the exer- members of the Armed Forces af- made— ‘‘(A) by any individual who is eligible to make cise of due care. fected by required Survivor Ben- contributions under section 8351, 8432(a), 8440a, ‘‘(e) CONSULTATION.—In carrying out this sec- efit Plan annuity offset for de- 8440b, 8440c, 8440d, or 8440e; and tion, the Secretary shall consult with the Attor- pendency and indemnity com- ‘‘(B) by any individual, not described in sub- ney General of the United States and the Sec- pensation. retary of the Treasury, as appropriate.’’. paragraph (A), who is otherwise eligible to make TITLE I—PROVISIONS RELATING TO SEC. 302. STUDY AND REPORT. elective deferrals under the Thrift Savings Plan; FEDERAL EMPLOYEES RETIREMENT ‘‘(2) any provisions which may, as a result of (a) STUDY.—The Comptroller General of the United States shall conduct a study of cross-bor- SEC. 101. SHORT TITLE. enactment of this section, be necessary in order der trade in tobacco products to— This title may be cited as the ‘‘Thrift Savings to clarify the meaning of any reference to an (1) collect data on cross-border trade in to- Plan Enhancement Act of 2009’’. ‘account’ made in section 8432(f), 8433, 8434(d), bacco products, including illicit trade and trade SEC. 102. AUTOMATIC ENROLLMENTS AND IMME- 8435, 8437, or any other provision of law; and of counterfeit tobacco products and make rec- DIATE EMPLOYING AGENCY CON- ‘‘(3) any other provisions which may be nec- TRIBUTIONS. ommendations on the monitoring of such trade; essary to carry out this section.’’. (a) IN GENERAL.—Section 8432(b) of title 5, (b) CLERICAL AMENDMENT.—The analysis for (2) collect data on cross-border advertising United States Code, is amended by striking chapter 84 of title 5, United States Code, is (any advertising intended to be broadcast, paragraphs (2) through (4) and inserting the fol- amended by inserting after the item relating to transmitted, or distributed from the United lowing: section 8432c the following: States to another country) of tobacco products ‘‘(2)(A) The Executive Director shall by regu- and make recommendations on how to prevent ‘‘8432d. Qualified Roth contribution program.’’. lation provide for an eligible individual to be or eliminate, and what technologies could help SEC. 104. AUTHORITY TO ESTABLISH MUTUAL automatically enrolled to make contributions facilitate the elimination of, cross-border adver- FUND WINDOW. under subsection (a) at the default percentage tising; and (a) IN GENERAL.—Section 8438(b)(1) of title 5, of basic pay. (3) collect data on the health effects (particu- United States Code, is amended— ‘‘(B) For purposes of this paragraph, the de- (1) in subparagraph (D), by striking ‘‘and’’ at larly with respect to individuals under 18 years fault percentage shall be equal to 3 percent or of age) resulting from cross-border trade in to- the end; such other percentage, not less than 2 percent (2) in subparagraph (E), by striking the period bacco products, including the health effects re- nor more than 5 percent, as the Board may pre- and inserting ‘‘; and’’; and sulting from— scribe. (3) by adding after subparagraph (E) the fol- (A) the illicit trade of tobacco products and ‘‘(C) The regulations shall include provisions lowing: the trade of counterfeit tobacco products; and under which any individual who would other- ‘‘(F) a service that enables participants to in- (B) the differing tax rates applicable to to- wise be automatically enrolled in accordance vest in mutual funds, if the Board authorizes bacco products. with subparagraph (A) may— the mutual fund window under paragraph (5).’’. (b) REPORT.—Not later than 18 months after ‘‘(i) modify the percentage or amount to be (b) REQUIREMENTS.—Section 8438(b) of title 5, the date of enactment of this Act, the Comp- contributed pursuant to automatic enrollment, United States Code, is amended by adding at the troller General of the United States shall submit effective not later than the first full pay period end the following: to the Committee on Health, Education, Labor, following receipt of the election by the appro- ‘‘(5)(A) The Board may authorize the addition and Pensions of the Senate and the Committee priate processing entity; or of a mutual fund window under the Thrift Sav- on Energy and Commerce of the House of Rep- ‘‘(ii) decline automatic enrollment altogether. ings Plan if the Board determines that such ad- resentatives a report on the study described in ‘‘(D)(i) Except as provided in clause (ii), for dition would be in the best interests of partici- subsection (a). purposes of this paragraph, the term ‘eligible in- pants. (c) DEFINITION.—In this section: dividual’ means any individual who, after any ‘‘(B) The Board shall ensure that any ex- (1) The term ‘‘cross-border trade’’ means trade regulations under subparagraph (A) first take penses charged for use of the mutual fund win- across a border of the United States, a State or effect, is appointed, transferred, or reappointed dow are borne solely by the participants who Territory, or Indian country. to a position in which that individual becomes use such window. (2) The term ‘‘Indian country’’ has the mean- eligible to contribute to the Thrift Savings ‘‘(C) The Board may establish such other ing given to such term in section 1151 of title 18, Fund. terms and conditions for the mutual fund win- United States Code. ‘‘(ii) Members of the uniformed services shall dow as the Board considers appropriate to pro- (3) The terms ‘‘State’’ and ‘‘Territory’’ have not be eligible individuals for purposes of this tect the interests of participants, including re- the meanings given to those terms in section 201 paragraph. quirements relating to risk disclosure. of the Federal Food, Drug, and Cosmetic Act (21 ‘‘(E) Sections 8351(a)(1), 8440a(a)(1), ‘‘(D) The Board shall consult with the Em- U.S.C. 321). 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and ployee Thrift Advisory Council (established DIVISION B—FEDERAL RETIREMENT 8440e(a)(1) shall be applied in a manner con- under section 8473) before authorizing the addi- REFORM ACT sistent with the purposes of this paragraph.’’. tion of a mutual fund window or establishing a (b) TECHNICAL AMENDMENT.—Section SEC. 100. SHORT TITLE; TABLE OF CONTENTS. service that enables participants to invest in 8432(b)(1) of title 5, United States Code, is (a) SHORT TITLE.—This division may be cited mutual funds.’’. amended by striking the parenthetical matter in as the ‘‘Federal Retirement Reform Act of 2009’’. (c) TECHNICAL AND CONFORMING AMEND- subparagraph (B). MENT.—Section 8438(d)(1) of title 5, United (b) TABLE OF CONTENTS.—The table of contents for this division is as follows: SEC. 103. QUALIFIED ROTH CONTRIBUTION PRO- States Code, is amended by inserting ‘‘and op- GRAM. tions’’ after ‘‘investment funds’’. DIVISION B—FEDERAL RETIREMENT (a) IN GENERAL.—Subchapter III of chapter 84 SEC. 105. REPORTING REQUIREMENTS. REFORM ACT of title 5, United States Code, is amended by in- (a) ANNUAL REPORT.—The Board shall, not Sec. 100. Short title; table of contents. serting after section 8432c the following: later than June 30 of each year, submit to Con- TITLE I—PROVISIONS RELATING TO ‘‘§ 8432d. Qualified Roth contribution progress an annual report on the operations of the FEDERAL EMPLOYEES RETIREMENT gram Thrift Savings Plan. Such report shall include, Sec. 101. Short title. ‘‘(a) DEFINITIONS.—For purposes of this sec- for the prior calendar year, information on the Sec. 102. Automatic enrollments and immediate tion— number of participants as of the last day of employing agency contributions. ‘‘(1) the term ‘qualified Roth contribution pro- such prior calendar year, the median balance in Sec. 103. Qualified Roth contribution program. gram’ means a program described in paragraph participants’ accounts as of such last day, de- Sec. 104. Authority to establish mutual fund (1) of section 402A(b) of the Internal Revenue mographic information on participants, the per- window. Code of 1986 which meets the requirements of centage allocation of amounts among investment Sec. 105. Reporting requirements. paragraph (2) of such section; and funds or options, the status of the development Sec. 106. Acknowledgment of risk. ‘‘(2) the terms ‘designated Roth contribution’ and implementation of the mutual fund window, Sec. 107. Subpoena authority. and ‘elective deferral’ have the meanings given the diversity demographics of any company, in- Sec. 108. Amounts in Thrift Savings Funds sub- such terms in section 402A of the Internal Rev- vestment adviser, or other entity retained to in- ject to legal proceedings. enue Code of 1986. vest and manage the assets of the Thrift Savings

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Fund, and such other information as the Board agents, and employees, receiving a subpoena (b) REPORTING REQUIREMENT.—Not later than considers appropriate. A copy of each annual under this section, who complies in good faith 180 days after the date of the enactment of this report under this subsection shall be made avail- with the subpoena and thus produces the mate- Act, the Secretary of Defense shall report to able to the public through an Internet website. rials sought, shall not be liable in any court of Congress on— (b) REPORTING OF FEES AND OTHER INFORMA- any State or the United States to any indi- (1) the cost to the Department of Defense of TION.— vidual, domestic or foreign corporation or upon providing a matching payment with respect to (1) IN GENERAL.—The Board shall include in a partnership or other unincorporated associa- contributions made to the Thrift Savings Fund the periodic statements provided to participants tion for such production. by members of the Armed Forces; under section 8439(c) of title 5, United States ‘‘(c) When a person fails to obey a subpoena (2) the effect that requiring such a matching Code, the amount of the investment manage- issued under this section, the district court of payment would have on recruitment and reten- ment fees, administrative expenses, and any the United States for the district in which the tion; and other fees or expenses paid with respect to each investigation is conducted or in which the per- (3) any other information that the Secretary investment fund and option under the Thrift son failing to obey is found, shall on proper ap- of Defense considers appropriate. Savings Plan. Any such statement shall also plication issue an order directing that person to TITLE II—SPECIAL SURVIVOR INDEMNITY provide a statement notifying participants as to comply with the subpoena. The court may pun- ALLOWANCE FOR SURVIVING SPOUSES how they may access the annual report de- ish as contempt any disobedience of its order. OF ARMED FORCES MEMBERS scribed in subsection (a), as well as any other ‘‘(d) The Executive Director shall prescribe information concerning the Thrift Savings Plan regulations to carry out subsection (a).’’. SEC. 201. INCREASE IN MONTHLY AMOUNT OF SPECIAL SURVIVOR INDEMNITY AL- that might be useful. (b) TECHNICAL AND CONFORMING AMEND- LOWANCE FOR WIDOWS AND WID- (2) USE OF ESTIMATES.—For purposes of pro- MENT.—The table of sections for chapter 84 of OWERS OF DECEASED MEMBERS OF viding the information required under this subtitle 5, United States Code, is amended by insert- THE ARMED FORCES AFFECTED BY section, the Board may provide a reasonable ing after the item relating to section 8479 the fol- REQUIRED SURVIVOR BENEFIT PLAN and representative estimate of any fees or ex- lowing: ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. penses described in paragraph (1) and shall in- ‘‘8480. Subpoena authority.’’. dicate any such estimate as being such an esti- (a) PAYMENT AMOUNT PER FISCAL YEAR.— SEC. 108. AMOUNTS IN THRIFT SAVINGS FUNDS Paragraph (2) of section 1450(m) of title 10, mate. Any such estimate shall be based on the SUBJECT TO LEGAL PROCEEDINGS. United States Code, is amended— previous year’s experience. Section 8437(e)(3) of title 5, United States (1) in subparagraph (E), by striking ‘‘and’’ (c) DEFINITIONS.—For purposes of this sec- Code, is amended in the first sentence by strik- after the semicolon; and tion— ing ‘‘or relating to the enforcement of a judg- (2) by striking subparagraph (F) and inserting (1) the term ‘‘Board’’ has the meaning given ment for the physically, sexually, or emotionally the following new subparagraphs: such term by 8401(5) of title 5, United States abusing a child as provided under section ‘‘(F) for months during fiscal year 2014, $150; Code; 8467(a)’’ and inserting ‘‘the enforcement of an (2) the term ‘‘participant’’ has the meaning ‘‘(G) for months during fiscal year 2015, $200; order for restitution under section 3663A of title given such term by section 8471(3) of title 5, ‘‘(H) for months during fiscal year 2016, $275; 18, forfeiture under section 8432(g)(5) of this United States Code; and and title, or an obligation of the Executive Director (3) the term ‘‘account’’ means an account es- ‘‘(I) for months during fiscal year 2017, $310.’’. to make a payment to another person under sec- tablished under section 8439 of title 5, United (b) DURATION.—Paragraph (6) of such section tion 8467 of this title’’. States Code. is amended— SEC. 109. ACCOUNTS FOR SURVIVING SPOUSES. SEC. 106. ACKNOWLEDGMENT OF RISK. (1) by striking ‘‘February 28, 2016’’ and insert- Section 8433(e) of title 5, United States Code, (a) IN GENERAL.—Section 8439(d) of title 5, ing ‘‘September 30, 2017’’; and is amended— United States Code, is amended— (2) by striking ‘‘March 1, 2016’’ both places it (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and (1) by striking the matter after ‘‘who elects to appears and inserting ‘‘October 1, 2017’’. (2) by adding at the end the following: invest in’’ and before ‘‘shall sign an acknowl- ‘‘(2) Notwithstanding section 8424(d), if an MOTION OFFERED BY MR. WAXMAN edgment’’ and inserting ‘‘any investment fund employee, Member, former employee, or former or option under this chapter, other than the The SPEAKER pro tempore. The Member dies and has designated as sole or par- Government Securities Investment Fund,’’; and Clerk will report the motion. tial beneficiary his or her spouse at the time of (2) by striking ‘‘either such Fund’’ and insert- The Clerk read as follows: death, or, if an employee, Member, former em- ing ‘‘any such fund or option’’. ployee, or former Member, dies with no des- Mr. Waxman moves that the House concur (b) COORDINATION WITH PROVISIONS RELATING ignated beneficiary and is survived by a spouse, in the Senate amendment. TO FIDUCIARY RESPONSIBILITIES, LIABILITIES, the spouse may maintain the portion of the em- The SPEAKER pro tempore. Pursu- AND PENALTIES.—Section 8477(e)(1)(C) of title 5, United States Code, is amended— ployee’s or Member’s account to which the ant to House Resolution 532, the mo- (1) by redesignating subparagraph (C) as sub- spouse is entitled in accordance with the fol- tion shall be debatable for 1 hour, paragraph (C)(i); and lowing terms: equally divided and controlled by the ‘‘(A) Subject to the limitations of subpara- (2) by adding at the end the following: chairman and ranking minority mem- ‘‘(ii) A fiduciary shall not be liable under sub- graph (B), the spouse shall have the same withdrawal options under subsection (b) as the em- ber of the Committee on Energy and paragraph (A), and no civil action may be Commerce. brought against a fiduciary— ployee or Member were the employee or Member ‘‘(I) for providing for the automatic enroll- living. The gentleman from California (Mr. ment of a participant in accordance with section ‘‘(B) The spouse may not make withdrawals WAXMAN) and the gentleman from Indi- 8432(b)(2)(A); under subsection (g) or (h). ana (Mr. BUYER) each will control 30 ‘‘(II) for enrolling a participant in a default ‘‘(C) The spouse may not make contributions minutes. investment fund in accordance with section or transfers to the account. The Chair recognizes the gentleman 8438(c)(2); or ‘‘(D) The account shall be disbursed upon the death of the surviving spouse. A beneficiary or from California. ‘‘(III) for allowing a participant to invest Mr. WAXMAN. Madam Speaker, I through the mutual fund window or for estab- surviving spouse of a deceased spouse who has lishing restrictions applicable to participants’ inherited an account is ineligible to maintain yield myself such time as I may con- ability to invest through the mutual fund win- the inherited spousal account. sume. dow.’’. ‘‘(3) The Executive Director shall prescribe It is hard to believe that we have fi- regulations to carry out this subsection.’’. SEC. 107. SUBPOENA AUTHORITY. nally reached this day. After more SEC. 110. TREATMENT OF MEMBERS OF THE UNI- (a) IN GENERAL.—Chapter 84 of title 5, United than a decade of effort and with count- FORMED SERVICES UNDER THE States Code, is amended by inserting after sec- THRIFT SAVINGS PLAN. less delays and defeats along the way, tion 8479 the following: (a) SENSE OF CONGRESS.—It is the sense of at last we are about to enact truly his- ‘‘§ 8480. Subpoena authority Congress that— toric legislation to protect the public ‘‘(a) In order to carry out the responsibilities (1) members of the uniformed services should health and to end the tobacco epi- specified in this subchapter and subchapter III have a retirement system that is at least as gen- demic. of this chapter, the Executive Director may issue erous as the one which is available to Federal I am proud that we have made it to subpoenas commanding each person to whom civilian employees; and this point, but it has taken us far too the subpoena is directed to produce designated (2) Federal civilian employees receive match- long. It has been more than 45 years books, documents, records, electronically stored ing contributions from their employing agencies information, or tangible materials in the posses- for their contributions to the Thrift Savings since the landmark Surgeon General sion or control of that individual. Fund, but the costs of requiring such a match- report that found that cigarette smok- ‘‘(b) Notwithstanding any Federal, State, or ing contribution from the Department of De- ing was responsible for a 70 percent in- local law, any person, including officers, fense could be significant. crease in the mortality rate of smokers

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14932 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 over nonsmokers and a 10 to 20 times and will be enough for FDA to handle in response to input from both sides of greater risk of developing lung cancer. this task well. Furthermore, by setting the aisle. I want to thank my col- Forty-five years. That delay is a tragic up this system, we have ensured that league, Representative TODD PLATTS, testament to the power and influence the new tobacco program will have no for his strong leadership on this legis- of Big Tobacco in our country and on impact on other vital programs at lation, as well as Representatives JOHN Congress. But that power is fading. FDA. In fact, the agency’s new com- DINGELL and FRANK PALLONE for their Times have changed. Public opinion missioner, Dr. Margaret Hamburg, has diligent work in moving this bill for- has changed. And the tobacco indus- expressed her enthusiastic support for ward over the years. try’s ability to block essential public the bill as a ‘‘major advance in pro- I also want to thank Representatives health legislation has come to an end. tecting the public health.’’ ED TOWNS, STEPHEN LYNCH and IKE Today is a day when strong and effec- In a recent letter to Senator KEN- SKELTON, all of whom were critical in tive regulation finally is established as NEDY about this legislation, Commis- getting us to this point. Each of these the crucial counterweight to the ef- sioner Hamburg made clear that FDA individuals made this possible and pro- forts and even deceptive practices of is eager to begin carrying out its new duced a great victory for public health. this industry. This is the day when responsibilities under this law. Presi- Today is a tremendous day. I am Americans can begin to truly kick the dent Obama has also praised this legis- proud to be part of this historic mo- habit with the full force of our laws lation as both historic and common ment when Congress finally stands up marshaled to protect consumers, and sense, describing it as an integral part to Big Tobacco and stands up for the especially our young people. of his plan to protect America’s chil- health of all Americans. That is the Many of us remember vividly the dren and reform our health care sys- task before us as we send this bill on to milestones that have led us to this mo- tem. It’s clear that this administration the President of the United States. ment. In 1994, tobacco executives stood and FDA itself are more than ready to Madam Speaker, I wish to reserve the up before my subcommittee and swore take this on, and we just need to give balance of my time. Mr. BUYER. Madam Speaker, I yield under oath that nicotine was not ad- them the law that will allow them to myself such time as I may consume. dictive. In 1996, the FDA tried to regu- begin. I would like to congratulate HENRY late tobacco products, but the Supreme In the bill, we have provided every- WAXMAN and Senator KENNEDY and Court told them they needed Congress thing necessary to take this historic others with regard to their tenacity to give them that specific legal author- step: a comprehensive and flexible set and persistence over the years. What is ity. And now, 13 years later, here we of new authorities and full, certain unfortunate is that we were not able to are finally giving FDA that authority funding. The final ingredient is the po- incorporate harm reduction strategies. to regulate the leading preventable litical will to do the right thing. For It is also unfortunate that we are con- cause of death in America. the first time in many years, we have tinuing to place more burdens and re- Regulating tobacco is the single most finally got that, too. sponsibilities upon FDA. important thing that we can do right The breadth of support for this bill is What I had sought to do is to regu- now to curb this deadly toll. And FDA remarkable; it includes over 1,000 med- late tobacco. I do not smoke, I do not is the only agency with the right com- ical, public health, faith and commu- encourage anyone to smoke. The bination of scientific expertise, regu- nity groups from AARP to the Amer- health risks associated with smoking, I latory experience, and public health ican Academy of Pediatrics, from the believe people recognize them and are mission to oversee these products ef- Southern Baptist Convention to the Is- cognizant. fectively. lamic Society of North America. It is Tobacco is an adult product. It’s I am pleased that the Senate acted supported by the American Lung Asso- legal. And we are faced with this ques- quickly and sent us back legislation ciation, the American Heart Associa- tion of moralism versus pragmatism. nearly identical to what we passed 2 tion, the American Cancer Society, the And you have to be careful when you months ago with overwhelming support groups that are best situated to under- go down this path in weighing the bal- in this House. This legislation will di- stand the damage caused by tobacco ance of moralism versus pragmatism. rect FDA to end marketing and sales of and to recognize that a renewed FDA So what I had sought to do was choose tobacco to kids, to stop manufacturers can and must take on this new author- the pragmatic side of the equation and from calling cigarettes ‘‘light’’ or ‘‘less ity. to incorporate a harm reduction strat- dangerous’’ when they’re not, and to The diversity of support for this bill egy with the abstinence approach in require changes to what is in a ciga- shows just how critical it is to all the Kennedy-Waxman legislation. rette, like toxic ingredients such as Americans. Tobacco does not discrimi- While the authors of the bill, Madam formaldehyde, benzene, radioactive ele- nate when it robs people of their Speaker, would say, Well, STEVE, we ments, and other deadly chemicals. health, their productivity, and their have harm reduction in the bill. Well, Some have objected that this bill is lives. That is why we must come to- it is mentioned in the bill, but there is too big a challenge for an already over- gether to rob tobacco of its influence a 2-tier standard in the bill that has burdened FDA. I disagree. It’s clear to over Americans. been cleverly written in a manner to be me that FDA’s recent struggles are pri- Finally, I want to note that this bill an entry barrier to new innovative to- marily a result of years of chronic reflects a number of changes made bacco products. And that 2-tier stand- underfunding and a failure of leader- throughout the process to respond to ard is one that first must be achieved ship in the last administration. specific concerns that we’ve heard. In at the individual level, and then you This history does not mean that committee consideration of this bill must achieve this standard at the pub- FDA, with the strong and committed over the past 2 years, we made changes lic at large. And the purpose is truly an leadership it now has, cannot take on to ensure fairness and flexibility for entry barrier. this critical role of protecting the convenience stores, tobacco growers, Now, if we wanted to work together country against the harm from ciga- and small manufacturers. We worked and truly have a new scientific, prag- rettes and other tobacco products. It with Republican colleagues to incor- matic approach to improve the public simply means that when we give the porate their suggestions. We worked health of our country, we would be agency this new responsibility, we with members of the Congressional doing both; we would be doing absti- must also give it the resources nec- Black Caucus to ensure that menthol nence along with harm reduction. You essary to do the job and to do it well. cigarettes will be an early focus of at- see, that’s exactly what HENRY WAX- We have ensured that this will hap- tention by the agency, and that the MAN and others in this body do when it pen. The tobacco program will be fully agency has the authority to deal with comes to teenage sex. They say, okay, funded through new user fees paid for these and other products. by this body, Democrats and Repub- by the industry. That money will go I know that the Senate also has made licans enjoin, we have both; we pro- exclusively to the new tobacco center changes to further strengthen the bill mote abstinence while also we have

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14933 policies that promote harm reduction dorse a 7 percent success rate as a good in which they are to make judgments, in our efforts to lower sexually trans- thing. It’s failure. So we are going to if you truly believe that they’re the mitted diseases. have to go back to the drawing board ones who should have designed the With regard to HIV, there are needle- here and figure out how we do a harm- strategies to improve public health. So exchange programs while we also try to reduction strategy to improve public I would be more than happy to work promote abstinence. But all of a sudden health. with the gentleman to repeal the 2- now, when it comes to tobacco, ap- Madam Speaker, I reserve the bal- tiered standard if we’re going to let proaches that we take in other forms of ance of my time. them set the standard based on sound public health, whether it’s in sanitary Mr. WAXMAN. Madam Speaker, I science to improve public health. issues or whether it’s in teenage sex want to inform my colleagues that Madam Speaker, I now yield 2 min- issues or in HIV issues, all of a sudden there is a section in this bill that gives utes to the gentleman from Pennsyl- we don’t want to apply it to tobacco. It the FDA authority to develop harm-re- vania (Mr. PLATTS). is a curious thing for me that we don’t duction strategies, and I think that’s Mr. PLATTS. I appreciate the gentle- want to apply harm reduction strate- where it ought to be, in the hands of man’s yielding time to me, especially gies to tobacco. people who will follow the science in given that we have different views on So I would say to my good friend, Mr. order to protect the public health. this piece of legislation. WAXMAN, I think where we are is that Madam Speaker, I yield, at this time, Madam Speaker, I rise in strong sup- you can have your day in the light, you 2 minutes to the chairman of our port of H.R. 1256, the Family Smoking have earned it, but we are going to Health Subcommittee of the Energy Prevention and Tobacco Control Act. I have to come back to the table because and Commerce Committee, who has appreciate the Senate’s swift consider- what we have done is we have locked been a staunch supporter of this legis- ation of this bill. After many years of down the marketplace. You have given lation and has looked after all the consideration, I’m pleased that this im- a big checkmark to Phillip Morris and health matters that come before the portant public health legislation will said that your market share is okay. Congress, the gentleman from New Jer- finally be signed into law. And when you lock down the market- sey (Mr. PALLONE). As one of the deadliest products on place, and we then stifle innovation Mr. PALLONE. I want to thank the market, tobacco must be subject to and we do not have competition in that Chairman WAXMAN for his tireless work the same serious regulation and over- marketplace, we truly don’t have the on this tobacco legislation. Madam sight that most other products con- ability, then, for these companies to Speaker, today is long overdue, and he sumed by Americans are subject to. track at-risk capital to make invest- should be so proud of the fact that this This bill will help to ensure that Amer- ments in a harm reduction strategy is finally passing today and going to icans are fully aware of the harmful ef- whereby we can migrate people down the President’s desk. fects posed by tobacco products. the continuum of risk. As we pursue serious and historical Most importantly, this legislation health care reform, this legislation will ensure that tobacco products are b 1030 comes at the right time. Smoking not advertised to or sold to children. So if this bill becomes law, we’ve got kills. Smoking also is a major cause of Addiction to tobacco begins almost some real challenges in front of us. One cardiovascular disease, cancer, and a universally in childhood and adoles- of them is how do we stand up this new host of other illnesses. Almost half a cence. Tobacco companies have long mission within FDA, an agency that is million Americans die from their own taken advantage of this vulnerability already very stressed and cigarette smoking a year. And even by promoting their products through underresourced, and we’re already more alarming, studies have estimated such tactics as cartoon advertisements, going to be addressing issues in the that more than 6 million children alive free tobacco-themed merchandise that committee regarding food safety and today will ultimately die from smok- appeals to kids, and sponsorship of drug safety while we pile on more mis- ing. sporting and entertainment events. sions. In President Obama’s call for health With health care costs spiraling out of So I would say to my good friend that care reform, he cited the need to use control every year, the cost of treating as soon as this bill is signed into law, our resources wisely and efficiently. these smokers later in life is fast be- a couple of things are going to happen. Tobacco is a health care issue that coming prohibitively expensive. Pro- Number one, the lawyers will make a taxes and burdens our health care sys- hibiting advertising to children will go run to the Federal courts, and the Su- tem. The costs to private and public a long way in preventing young people preme Court will be back sitting in payers are over $96 billion annually. in America from starting to smoke and judgment over the provisions on adver- Regulating tobacco products is a win- will save billions of dollars and, most tising restrictions, not only potential win for our Nation’s health and our importantly, countless lives in the unconstitutional provisions on the need to be fiscally responsible in a years to come. First Amendment with regard to the time of economic hardship. It is important to emphasize that regulation of commercial speech, but This bill will finally give the FDA this bill does not ban tobacco products. also in the Fifth Amendment with re- the authority to regulate tobacco prod- Rather, H.R. 1256 allows the FDA to gard to whether it’s a constitutional ucts, restrict tobacco marketing, espe- scientifically evaluate the health bene- taking or not. cially the marketing techniques de- fits and risks posed by ingredients in So while that is going on, I will in- signed to entice and addict our chil- cigarettes and takes steps to reduce troduce legislation, I’ll work with Ms. dren. They are vulnerable and impres- the harm caused by tobacco products. HARMAN, I’ll work with others, I’ll sionable, and the tobacco industry ex- This legislation preserves an adult’s work with the chairman, on how we ploits that. choice to smoke and makes sure that can best incorporate these harm-reduc- I was proud to be an original cospon- tobacco products marketed as safe al- tion strategies to truly improve public sor of this bill in the House, and I’m ternatives to cigarettes are, in fact, health. even prouder to vote for this bill today scientifically safer. Madam Speaker, I embrace the sin- because I know that it is long overdue. I am pleased to have worked with my cerity of Mr. WAXMAN and Mr. KENNEDY Mr. BUYER. Madam Speaker, I yield colleague, the distinguished chairman that they truly want to improve public myself 30 seconds to respond to my of the House Energy and Commerce health in the country, but this legisla- good friend Mr. WAXMAN. Committee, HENRY WAXMAN, the gen- tion, when we lock ourselves down to To say that harm-reduction strate- tleman from California, on this legisla- only what is presently available and gies are best left to the FDA gives me tion. I commend him for his leadership that these nicotine replacement thera- great concern. If you truly believe on this issue as well as former Con- pies only have a 7 percent success rate, that, then you should have never set a gressman Tom Davis. I don’t believe anyone here would en- 2-tiered standard and built a paradigm I encourage a ‘‘yes’’ vote.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14934 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Mr. BUYER. Madam Speaker, I yield products have a degree of health haz- agent has been found in the smoke myself such time as I may consume. ards, but some are more harmful than from cigarette paper and an amount It is nicotine that causes the con- others. So cigar and pipe are not sub- from the tobacco itself. This compo- sumption of tobacco. So I understand ject to this legislation; yet they are nent is known as 3,4-benzpyrene. how truly, in my words, outraged then the most harmful to the human body of The report of the committee con- Chairman WAXMAN was and still is with all of the carcinogens that can be includes: regard to testimony that occurred haled. The cigarette manufacturers have de- years ago when he was the chairman of So how do we migrate people? And I ceived the American public through the Subcommittee on Health. think that’s what is extremely impor- their advertising of filter-tip ciga- Now, if it is the nicotine from which tant. And let’s stop this premise that rettes. Ironically, while denying the al- adult users receive their satisfaction, all tobacco products are equally risky; leged health hazards of cigarette smok- the real issue is how do they gain ac- that Swedish snus, even though it’s 98 ing, the industry has, in its adver- cess to nicotine in a manner that re- percent less harmful than an unfiltered tising, made these charges appear true. duces their health risk? That’s the cigarette, should not be treated as Filter gives you more of what a filter is issue. That’s my passion. though they’re both just as harmful. for, clean smoking; snowy white; pure; I am not a smoker. I don’t advocate They’re not. If you’re able to pas- miracle tip; 20,000 filter traps, gives for people to smoke. My charge and teurize and take away the you more of what you changed to a fil- challenge is how do we improve public nitrosamines, yet people can gain ac- ter for. health in our country? And I don’t cess to their nicotine, you know what? The committee concludes: want this abstinence-only approach. So That ought to be something we should The Federal Trade Commission has if it’s nicotine for which people want to talk about. That ought to be some- failed to approach the problem of false gain access to and it’s an adult prod- thing we should promote. and misleading advertising. uct, then shouldn’t we be trying to fig- And the reason, Madam Speaker, They failed then, 52 years ago. They ure out methods or products where peo- that if we just turn this over to the failed us today. It is way long past ple can gain access to nicotine that is FDA, like Chairman WAXMAN has just time, many millions of deaths later, for less harmful? suggested, and let them come up with this Congress to act decisively in the During the debate on the rule, these strategies, it’s not going to be public interest. And also as a tribute to Madam Speaker, I would share to my able to get into the hands of the Amer- my predecessor, John Blatnik, who led colleague, Chairman WAXMAN, an indi- ican people because of the 2-tiered this charge 52 years ago and who was vidual brought up a head of lettuce and standard that has been set in this legis- rewarded with dissolution of his sub- said that there is more regulation on a lation. committee for having rung the bell on head of lettuce than tobacco. And I Madam Speaker, I reserve the bal- false and misleading advertising by the guess it was an effort to be cute, but ance of my time. cigarette companies. the real point here is what I shared, Mr. WAXMAN. Madam Speaker, I Mr. WAXMAN. Madam Speaker, I am Madam Speaker, and to my friend Mr. yield 3 minutes to my esteemed col- pleased at this time to yield to one of WAXMAN, you could have smoked that league from the State of Minnesota the people without whom this bill lettuce and you would still end up with (Mr. OBERSTAR). would not even be possible, and that is the same problems. You could cut the Mr. OBERSTAR. I thank the gen- the Speaker of the House, NANCY grass in your yard, dry it and roll it up tleman for yielding, my good friend PELOSI, who has been such a strong in a cigarette and smoke it, and you’re and colleague of 34 years ago. We en- leader for advancing the public health. still going to have a lot of problems. It tered Congress together. The SPEAKER pro tempore. The gen- is the smoke that kills, not the nico- I do not propose to read this entire tlewoman from California is recognized tine. It’s the smoke. document, but it is the report of the for 1 minute. So when you look and you say, well, hearings, the committee report con- Ms. PELOSI. Madam Speaker, I if the smoke is the killer because of ducted by my predecessor in Congress, thank the gentleman for his generous the inhalation of the tobacco smoke, John Blatnik, in 1957 on false and mis- recognition and rise to say, as a moth- that’s responsible for the pandemic of leading advertising among a number of er and a grandmother, what an impor- cancers, heart disease, respiratory dis- products and the failure of the Federal tant day this is for America’s children ease, and these deadly results. Trade Commission to intervene on be- and to say thank you to Mr. DINGELL. So I’m going back to this harm re- half of the public. Some of the giants of the Congress duction. So despite decades of intense The leading testimony on false and have worked to help the children of efforts to eradicate smoking, more misleading advertising on filter-tipped America. Mr. DINGELL, Mr. WAXMAN, than 40 million adults continue to cigarettes was a statement of Dr. Kyler and Mr. PALLONE on the committee. On smoke cigarettes, and they’re likely to Hammond, Director of Statistical Re- the Senate side, this legislation pass- continue because we don’t have this search for the American Cancer Soci- ing also is a real tribute to the leader- ability to migrate them to other prod- ety: We found lung cancer death rates ship of Senator TED KENNEDY. It’s real- ucts. It’s extremely important, when to be extremely low among non- ly a great day. It’s momentous. It’s we talk about a harm-reduction strat- smokers and high among heavy ciga- historic. We can’t say that all the time egy, that not only is it the access to a rette smokers; 2,665 excess deaths, and about the legislation that we pass here. particular product, it is the education this was 1957, among smokers. The con- It would be impossible to exaggerate of the people at large as to what type clusion of Dr. Hammond: The sum total the importance of what is happening of products that they can avail them- of scientific evidence establishes be- here today. selves to that have less harmful health yond reasonable doubt that cigarette Today we have an opportunity to results. That should be our goal and smoking is a causative factor in the protect public health and prevent dis- that has been embraced. rapidly increasing incidence of human ease; and today we have an opportunity The American Association of Public epidermoid carcinoma of the lung. to honor our responsibility to our chil- Health Physicians noted last year, En- Fifty-two years ago and we still have dren, to protect them from the harm hancement of current policies based on people in this Chamber and in the that can come to them from the use of the premise that all tobacco products other body saying it’s not a problem. tobacco. are equally risky will yield only small Madam Speaker, tobacco is the num- and barely measurable reductions in b 1045 ber one cause of preventable deaths in tobacco-related illness and death. The report of the committee goes on the United States. According to the So in the public debate, there is sort to say, Benzpyrene is one of the sub- Centers for Disease Control, it is re- of this presumption that all tobacco stances containing carcinogenic sponsible for about one in five, or products are harmful. Well, all tobacco agents. A known cancer-producing 443,000, deaths annually. Again, I want

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to acknowledge the great work of Again, Mr. DINGELL, as a mother and with bad habits, and these are bad for Chairman WAXMAN, Chairman DINGELL a grandmother, I’m deeply in your debt health. But let me tell you, I can bring and Chairman PALLONE. We passed this for what you’re doing for America’s you a list here of dozens and dozens of bill before Easter. Happily last night, children. Mr. WAXMAN, thank you so bad habits that lead to death. As a yesterday, it passed the Senate so that much for bringing this bill to the floor. matter of fact, one of the things that we can now pass the bill and send it to We went into session in January. Be- we ought to consider is, how many peo- the President’s desk for his signature. fore Easter this bill had passed the ple die from our drug war? We have a Mr. OBERSTAR, in his role on Trans- House. Thank you for your leadership. drug war, and about 3,000 people die portation and understanding how we Mr. PALLONE was very much a part of from the use of illegal drugs. So we had to get smoking out of Transpor- it. Again, Mr. OBERSTAR, thank you for have a drug war going on, and tens of tation, spelled out for us what the your leadership. thousands of people die. study told us and how it has been 52 But let’s just say about Senator KEN- It’s so exasperating at times because years since we should have taken ac- NEDY, this has been part of his life’s we always have two proposals here, or tion. There is so much support on the work. He’s worked on this for a very we have two ways of solving problems outside of the Congress as well. A thou- long time, of itself, discretely, the to- or dealing with tobacco. For decades, sand organizations, everyone from the bacco and smoking issue and then, of what did we do? We subsidized tobacco, American Cancer Society, which we course, just as with Mr. DINGELL, the and now we want to prohibit tobacco. would suspect, the Campaign For To- larger health issue for America. Today Why don’t we just let the people de- bacco-Free Kids, the AARP, and the in passing this legislation, enabling the cide. This whole idea of either having Presbyterian Church, just to name a FDA to regulate tobacco, we are taking to subsidize something or prohibit few. They believe that passing this bill a giant step forward in making Amer- something shows a shallowness that I will save lives. ica healthier. Thank you all for your think we ought to challenge. Every day Americans benefit from leadership. One part of this bill that I find par- the oversight of the FDA on foods that Mr. BUYER. Madam Speaker, I yield ticularly bad, but it is pervasive in so we eat and medicines we take. That’s myself as much time as I may con- much of what we do, about 100 years their jurisdiction. Yet despite the fact sume. ago we took the First Amendment and that tobacco is one of the deadliest It is with great disappointment that freedom of speech and chopped it into products in America, the FDA has had I hear the words of the Speaker be- two pieces. We have political speech. Of no authority to regulate it. This is just cause she is truly endorsing a 7 percent course we like that. We’re in the busi- not right, and today we can correct success rate as an acceptable level of ness of politics. But we take commer- that wrong. Right now tobacco is ex- success for those who are trying to quit cial speech, and we put it over here, empt from standards that apply to a smoking. Also, if we really wanted to and we regulate the living daylights can of soda or a box of pasta. Tobacco try to help children, then she should out of commercial speech. That’s not a makers are exempt from critical and have endorsed what I sought to do; that First Amendment. That’s chopping basic consumer protections, such as in- is, put tobacco on an equal plain as al- freedom in half, and that just leads to gredient disclosure, product testing cohol to make it illegal to possess. But more problems. But this will lead to and restrictions on marketing to chil- we’re not doing that today. prohibition, and it won’t work. This dren. I also said that the States, with re- will just give us a lot more trouble. This legislation grants the FDA the gard to the MSA, the Master Settle- You say, Well, how will these prob- authority to regulate tobacco products. ment Agreement, the States are not lems be handled if we just permit peo- It also requires detailed disclosure of spending the money like they should. ple to advertise? Well, you are not al- tobacco product ingredients and re- In the last 10 years, States have spent lowed to commit fraud; you are not al- stricts tobacco marketing and sales to just 3.2 percent of their tobacco-gen- lowed to commit slander; you are not young people, among other things. And erated revenue on prevention and ces- allowed to commit any libel or slander this legislation does all of this in a fis- sation programs. In the current fiscal or fraud. So there are prohibitions. But cally responsible way, funding the FDA year, no State is funding tobacco pre- this approach can’t work. It is assumed tobacco activity through a user fee on vention programs at levels rec- that people are total idiots, that they tobacco manufacturers. ommended by the CDC. So I had offered won’t respond to education, that we Because of lost productivity and an opportunity here to the body to have to be the nanny state. We want to health care expenditures, cigarette strengthen and truly protect children, expand the war on drugs, which is a smoking costs our Nation more than yet it was not adopted by this body. So total failure. $193 billion a year, almost $200 billion a be very careful about coming to the And look at what happened to the year. By reducing the number of smok- floor and saying we’re doing it for the prohibition of alcohol. You say, Well, ers, not only will this legislation save children when, in fact, the opportunity no, this is not going to be a prohibi- lives and reduce chronic disease, it will was there and you did not. tion. It is going to be prohibition. This also reduce health care costs. I now yield 3 minutes to the gen- is a form of prohibition. When you have Today, approximately 3,500 young tleman from Texas (Mr. PAUL). prohibition or even approach prohibi- people will try a cigarette for the first Mr. PAUL. I thank the gentleman for tion, what do you create? You create time and another 1,000 will become ad- yielding. the black market. We will see the dicted and become new regular, daily Madam Speaker, I don’t think any- black market come. Already the taxes smokers. One-third of those children body can argue at all with the inten- are opening up the doors of the black will eventually die prematurely be- tions of the proposal of this bill. There market. cause of smoking. We must do all that is no question that cigarettes are very All I ask for is people to reconsider, we can to prevent premature death harmful. The question for me here is believe that freedom, self-reliance and from smoking, and today we have that the process, and I find the process here individualism can solve these problems opportunity. atrocious because it assumes that a lot better than a bunch of politicians, Madam Speaker, I urge all of my col- authoritarianism is right, proper and bureaucrats and tobacco police here leagues to support the aptly named that it works and that volunteerism, from Washington, D.C. Family Smoking Prevention and To- education, self-reliance and depending Mr. BUYER. I yield myself 30 sec- bacco Control Act. I hope that the chil- on oneself to take care of oneself is a onds. dren of America will see a strong bipar- proper approach. We totally reject our I would say that the gentleman and I tisan vote. This legislation deserves it, free society and assume that if we just are not always in total agreement. The and then we can send it on to the Presi- have tobacco police roaming the coun- substitute that I brought to the floor dent to be signed into law hopefully no try, that all of a sudden bad habits are actually sought to regulate tobacco, later than next week. going to be cleared up. We’re dealing and I know you did not agree with my

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14936 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 substitute. I believe in the regulation friend John Moss and I, who were the lated consumer product on the market today. of tobacco. I sought to do that. I just major proponents of that particular A product which: don’t believe it should be done in FDA. legislation at that time. He said, Now, Is the leading preventable cause of death in We tried to create a harm reduction you don’t know me, but I am a patholo- the United States; center to do that. But I respect the gist and an internal medicine man. Kills more than 400,000 Americans annu- gentleman’s views. That means that I can tell you why ally; and I reserve the balance of my time. you are going to die, or I can tell you Accounts for more than $96 billion in health Mr. WAXMAN. Madam Speaker, I am why you did die. care costs every year. pleased at this time to yield 3 minutes He said, I don’t have a prepared Every day, approximately 3,500 kids will try to the very distinguished chairman statement here today, but I do have a a cigarette for the first time, and another 1,000 emeritus of the Energy and Commerce number of exhibits I would like to we become new, regular habituate smokers. Committee, the gentleman from Michi- present to the committee. The legislation will restrict marketing and gan (Mr. DINGELL), who has played an So he reached in his briefcase and he sales to youth; grant FDA authority to restrict essential role in fighting against to- pulled out a human lung. He said, Now, tobacco marketing; require detailed disclosure bacco and getting us to this day today. this is a normal person’s human lung. of ingredients; and allow FDA to require Mr. DINGELL. I thank my good It had a certain life to it. changes to tobacco products to protect the friend and colleague, the chairman of The next exhibit he pulled out was public health. the committee, Mr. WAXMAN; and I one of a fellow who had died of squa- I commend Chairman WAXMAN and my dear commend him for his leadership on this mous cancer. He said, These are squa- friend, Senator KENNEDY, for their persistent matter. I am also delighted that we mous cells. It looked like a bowl of leadership on this legislation in the Congress. have this bill on the floor today. I urge caviar, a painful way to go. I am honored to have my name associated my colleagues to support the Family He then showed us the lung of some- with the legislation and for the opportunity I Smoking Prevention and Tobacco Con- body who had died of emphysema. It had to work with them on this issue. trol Act. I would point out that we will was white. It lacked life. He said, This Madam Speaker, I know firsthand that the be shortly following it up with legisla- man literally strangled because he did ‘‘Family Smoking Prevention and Tobacco tion to protect Americans from dan- not have the ability to derive the oxy- Control Act’’ is good piece of legislation. I had gerous foods and to give the Food and gen from the air. the distinct pleasure of shepherding it through Drug Administration the authority and The SPEAKER pro tempore. The the Energy and Commerce Committee last the money which it needs. That will be time of the gentleman has expired. year. Today’s legislation largely reflects the followed by additional legislation to Mr. WAXMAN. I yield an additional 1 work we did then. address the question of pharma- minute. Madam Speaker, this legislation has been in ceuticals. Mr. DINGELL. I thank the gen- the works for a long time. Nothing stands in I urge my colleagues to recognize tleman. our way to send it to the President’s desk. I that this not only does what needs He pulled out another lung. He said, urge my colleagues to vote in favor of the doing, but it also gives to the Food and Now, this is the lung of a smoker. It ‘‘Family Smoking Prevention and Tobacco Drug Administration the authority and was black, dirty and nasty, and you Control Act’’—the American people need it the money which it needs and the per- would not want to have it inside of and they deserve it. sonnel which it needs to carry forward you. Mr. BUYER. Madam Speaker, I now its mission as it goes about its busi- He said, Now, my message to the yield 2 minutes to the gentleman from ness. I would point out, for too long we committee is very simple. If you smoke California (Mr. MCCLINTOCK). have starved them for authority, re- long enough, you are going to die of Mr. MCCLINTOCK. I thank the gen- sources and personnel. It is time some- cancer of the lung or you are going to tleman for yielding. thing be done about this. I am not die of some other kind of ailment Madam Speaker, many years ago, au- going to give you an argument about which is induced by your smoking, thor and commentator Bruce this situation—that will be in my writ- whether it is of the lung or whether it Herschensohn made the point that for ten extended remarks—but I want to is of some other organ, including the every pleasure in life, there is a cor- tell my colleagues that the graveyards mouth, the throat, or another part of responding risk. I think that is a uni- are full of people who occupy those the body as far away as the fingertips. versal truth: for every pleasure in life, places because they smoked and be- I just want my colleagues to under- there is a corresponding risk. cause we tried volunteerism. stand, finally we are doing something. And he pointed out it is true that If a person wants to be silly enough to with enough taxes and laws and re- b 1100 smoke, he can still do so; but he is strictions and regulations and pen- Well, volunteerism filled the grave- going to get a warning, and the tobacco alties and lectures, government can yards, and the constant attacks that companies are going to have to provide produce a virtually risk-free society, have been made on the Food and Drug proper, decent, honorable behavior, and but it will also be one of the most Administration and the deprival of they are going to have to do the things colorless, pleasureless, tedious, and proper authority to carry forward its that warn the American people of this. miserable societies ever conceived by responsibilities and the personnel it We have a responsible agency which the mind of man. needs have brought us to the situation this legislation will properly fund and I think that is the case. The health where we have to do the kind of thing finance. We will give them the author- dangers of smoking are real and they that we are saying. ity and the personnel and the capabili- are well-documented. We all agree on So don’t talk to me about vol- ties of doing what they need to do. We that. It is a very bad thing to do. unteerism. Understand that it has are going to follow it with other legis- Our schools rightly make a concerted failed calamitously and people are lation. effort to inform every child of the dying every day because they have I urge my colleagues to support this health risks associated with tobacco smoked. and support the other legislation when products, and they do a good job of it. Having said that, I want to tell you a it comes. Our government warns every adult of little story about when we passed the I rise today in strong support of the Senate the risks associated with tobacco prod- first legislation to begin to warn people Amendment to H.R. 1256, ‘‘Family Smoking ucts, and they do a good job of it, too. about the dangers of tobacco that were Prevention and Tobacco Control Act’’. As a result, I don’t believe there is a found by the Surgeon General in his re- The decision to vote in favor of today’s bill single individual in the United States port to the United States and to the is a very easy one. It was an easy one, be- today who doesn’t well and fully com- Congress. cause I am convinced that the ‘‘Family Smok- prehend the health dangers of tobacco. A little guy came before the coming Prevention and Tobacco Control Act’’ will But once those warnings are issued, mittee, and he testified before my dear go a long way in regulating the most unregu- how much further should government

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14937 go to make individual decisions for ra- remaining. The gentleman from Indi- ficult to defend the sweeping restric- tional adults as they weigh the risks of ana has 10 minutes remaining. tions on advertising as being narrowly smoking for themselves? Personally, I Mr. WAXMAN. We have no other re- tailored to an important governmental think they are making a very bad deci- quests for speakers and I would like to interest. The paternalistic view that sion, but they probably think others close the debate. We continue to re- tobacco advertising must be restricted are making bad decisions when they serve our time. because consumers might find it perva- decide to go skiing or bungee jumping Mr. BUYER. Madam Speaker, there sive is antithetical to the assumption or sky diving or thousands of other are a couple of issues that I would like on which the First Amendment is pleasures that incur corresponding and to address that I mentioned in my based.’’ calculated risks. opening. The last two issues that I will Wow. Now you are going to find me I would ask today, whatever hap- address are, one, on the constitu- quoting the American Civil Liberties pened to the notion of individual re- tionality, and, secondly, is the FDA Union. You may want to listen to this, sponsibility? And whatever happened the right agency. because it is probably the first time I to the notion, as Jefferson put it, of a While we all agree that steps need to have ever cited the ACLU. wise and frugal government, which be taken to help lessen the use of to- They also said in their testimony on shall restrain men from injuring one bacco products by underage youth, we identical language contained in this another, but shall leave them other- must not do so in ways that clearly legislation, they stated if this type of wise free to regulate their own pursuits violate the First Amendment. Unfortu- legislation were to be passed, it would of industry and improvement? nately, the bill in front of us I believe be ‘‘wholly unprecedented’’ and ‘‘will Mr. WAXMAN. Madam Speaker, I fails to meet that test. most likely fail to withstand constitu- yield 2 minutes to the gentlewoman The speech restrictions in this bill tional challenge.’’ from Illinois (Ms. SCHAKOWSKY), a are clearly the most sweeping in the On the other side of the spectrum, member of the Health Subcommittee. history of the United States for any the Washington Legal Foundation and Ms. SCHAKOWSKY. Madam Speaker, legal product. Numerous top legal ex- Judge Bork also have called these pro- I rise today in strong support of H.R. perts from every point of the political posals ‘‘patently unconstitutional.’’ 1256, the Family Smoking Prevention spectrum have looked at these provi- Numerous other legal scholars have and Tobacco Control Act. I do it with sions and declared that they will not taken similar positions. enormous gratitude to Chairman WAX- meet First Amendment scrutiny. Now, in our zeal here to restrict to- MAN for working for years to get legis- During the debate on the rule, I ques- bacco products, there have been these lation of this sort that would improve tioned the responsibility of this body. I comments by some, Madam Speaker, public health by strengthening the reg- believe it is irresponsible for us to pass to say we are doing it for the children. ulation of tobacco products. legislation that is prima facie uncon- It is wonderful. We can say we are There are a lot of diseases that we stitutional. doing it for the children. What does the don’t have the cure for today. There What we are doing in this body is two Court say about that? are lots of resources put into medical things: we are taking the regs from the The Supreme Court has already ex- research that hopefully will find a cure 1996 rule that the Supreme Court found amined one of the provisions in the to cancer and to AIDS and other ter- unconstitutional and we are making FDA proposal, and that is the 1,000 foot rible diseases. But we do know how we them statutory, which means, atten- ban on outdoor adds, and has suggested can prevent over 435,000 tobacco-re- tion to lawyers in America: you have it violates the First Amendment be- lated deaths that occur each year, and an access and avenue right back to cause it is not narrowly tailored. that is by preventing smoking. The Supreme Court rejected the ef- Federal Court immediately upon the There are over 44 million smokers in forts of the Massachusetts Attorney President’s signature of this legisla- the United States of America. In Illi- General to ‘‘childproof’’ the flow of in- nois alone, 24.3 percent of adults and tion. Also under the Constitution, private formation in our society. Children de- 29.2 percent of youth smoke tobacco. In serve to be protected from inappro- Illinois, 16,000 people die from smok- speech, private speech and the regulation of private speech among individ- priate or harmful material, but the ing-related illnesses and 29,000 adults government may not use the guise of and children die of secondhand smoke uals, that is, companies, if individuals seek to restrict their speech between protecting children to impose sweeping in Illinois. In addition, $3.2 billion is restrictions on information intended spent in direct medical expenditures themselves or how they seek to communicate, they can do that in the pri- for adults. related to smoking in Illinois. And So we come to the floor and we say vate marketplace between themselves. every day 4,000 kids try their cigarette, we are doing it for the children. Yet we Where the First Amendment comes in and about half of them become ad- are taking provisions which the Su- is when governments, States, munici- dicted. preme Court has already found to be palities or the Federal Government Finally, we have legislation giving unconstitutional, i.e., commercial then step in and begin to regulate the FDA the power and resources to speech that is not merely tailored to a speech. regulate the tobacco industry and safe- legitimate government interest. guard the public health and our chil- In this case, it is commercial speech, In Bolger v. Youngs Drug Products dren. It would lessen the cost of smok- and that is what we are doing. When we Corporation, the court stated that ef- ing-related medical illnesses and pre- take the MSA, the master settlement forts to restrict advertising cannot vent adolescents and teens from smok- agreement, and also place these re- lower disclosure in society ‘‘to the ing at a young age. strictions and then make them statu- level of the sandbox,’’ and cited in the In Illinois, I want to congratulate Al- tory, bang, we are right back to the case Butler v. Michigan that ‘‘govern- exandra Slane, an elementary school Supreme Court. And I just find that ment may not reduce the adult popu- student from Peoria, Illinois, who won very bothersome. lation to reading only that which is fit Larry Tribe, the noted constitutional the Tar Wars anti-smoking annual for children.’’ poster contest with her drawing of a expert and Harvard University law pro- So the type of drastic speech censor- light bulb shaped as a human head. She fessor, commenting on the types of pro- ship that is contained in this legisla- wrote the caption in the human-shaped visions in this legislation, stated, tion is almost certain to lead to chal- light bulb warning America, ‘‘Be ‘‘Given the extensive regulation of to- lenges in the Federal courts, and I find Bright, Don’t Light.’’ bacco manufacturing (for example, the that troubling and counterproductive. Let’s start by passing H.R. 1256. creation of manufacturing standards, Mr. WAXMAN. May I inquire how the regulation of cigarette ingredients, b 1115 much time each side has. and so on) elsewhere in the proposed Let me move to the FDA. This bill The SPEAKER pro tempore. The gen- legislation, and the mandates for new establishes a general standard that ac- tleman from California has 91⁄2 minutes and improved warnings, it would be dif- tions by FDA are in the best interest of

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So the great challenge that I have duce the harm from cigarette smoking. We later found out how the tobacco here is that, in the committee, we are But the best way, the best way is not industry spent millions and millions of now looking at legislation with regard to smoke. And the best way is to make dollars on a phony operation to say to food safety and drug safety. The sure that people don’t start smoking. that they were studying whether the FDA is charged with approving medical And if they do smoke, to give it up. harm was there from cigarette smok- products based on scientific evidence And then the next argument, it’s not ing, and what they did was manipu- that benefits of the products outweigh constitutional. And my colleague has lated the media, deceived the American the risks. Tobacco products are inher- cited the fact that he believes the Su- people, to argue the science wasn’t ently risk products that cause disease preme Court, when they ruled on the really there to claim cigarettes was a when used as directed. issue of the regulations being proposed problem. The science is still out. Now, we’re going to turn to the FDA by the FDA, that they said that those By the way, we hear this about global and say, we want you to regulate the were unconstitutional. warming today. Even though the over- Well, the truth of the matter is the tobacco product. So we take the gold whelming consensus was there from Supreme Court said FDA did not have standard of the FDA now, and apply it reputable scientists, they tried to the legal authority and that Congress to tobacco, and now there is this infer- make people believe, don’t worry about had to vote to give them the legal au- ence that somehow the FDA has said it, you can continue to smoke; it’s not thority to adopt those regulations. that tobacco’s a safe product. That is going to do you harm. something we should not be doing. It’s That is what we are about to do today. I’ve been working on the issue of to- And they tried so hard and success- why I sought to create a separate agen- bacco for over three decades, and in fully, for decades, to keep secret the cy, rather than the FDA, creating a fact, I thought about this issue as I fact that nonsmokers were harmed by mission that is counter to their present prepared a book that’s going to be com- simply being in the presence of smok- mission. ing out on a lot of different issues in ers. You see, if you use a cigarette and the next couple of weeks. I remember the power of the tobacco follow the instructions, and you do And I remember the hearings we had industry that kept the Congress from that every day, it will kill you. Now, where the tobacco industry had so- acting, and it was by one vote that the think about that. It will kill you. We called scientists argue there really House of Representatives decided to don’t want the FDA to create some wasn’t any harm from cigarette smok- try and experiment to see if we could type of inference into society that ing. It was just coincidental. have airplane flights, commercial air- somehow it’s okay. I remember well when the CEOs came plane flights of an hour or less, without President Obama stated on March 14 before our committee, and that was a any smoking permitted. And Members of this year that 95 percent of Amer- real turning point. And they took an stood up on the floor of the House and ica’s 150,000 food processing plants and oath to tell the truth, and they said, no said smokers would never tolerate such warehouses go uninspected each year. harm from cigarette smoking; it’s not a thing. Wow. Each year, 74 million people in connected to cancer; it’s not connected Well, it was so widely popular that the United States are sickened by to heart disease; it’s not connected to it’s hard to find any airline in the tainted food, and about 5,000 die, ac- all these other problems; it’s only a co- world that allows smoking on airplane cording to the CDC. That’s on food incidence. They said cigarette smoking flights of whatever length it may be. alone. was not addictive because nicotine is The public has come to understand Then, with regard to drugs, I look not addictive. They swore that under this industry, and they know the dis- forward to working with Chairman oath. They said they didn’t manipulate honesty of this industry, and they WAXMAN, Madam Speaker, and with the nicotine to make it even stronger know that the clout of this industry Mr. DINGELL, with regard to drug safe- and more addictive a product. And they kept the government from acting for ty because right now we have 11 inter- said, with righteous indignation, they decades. national mail facilities by the United certainly wouldn’t target kids to But people now don’t realize how it States Government. You count the smoke. was 30 years ago. Thirty years ago peo- three private carriers that also have Well, after that appearance in 1994, ple who smoked felt they had the right international mail facilities, and they we pierced the veil that hung over the to light up a cigarette, no matter are taking up to around 30,000 drug industry and started to find out what where they were. packages that are coming into our they were saying in their own cor- We’ve heard the argument that the country by people who are going on to porate boardrooms and what their own Court may look at the constitu- the Internet. Every time we do an in- scientists understood the case to be. tionality of any free speech matter spection of those mail packages, we We later had a hearing where a sci- that might relate to advisories about find that 80 percent of them are either entist that worked for the tobacco in- cigarette smoking. counterfeit knockoffs or adulterated dustry told us he understood the harm. Well, it’s hard for me to believe that drugs. When, in fact, you do the math The industry wanted to know what a Supreme Court that once said the and you say, okay, wow, take that 14 harm it did, and they knew that, in Constitution does not mean that the times 30,000 times 365, then times 80 fact, it caused a tremendous amount of freedom of speech allows people to yell percent, we are looking at 96 million. death and disease in this country. They ‘‘fire’’ in a crowded room would now Think about that. 96 million drug were looking at ways to patent new come to the point where they’d say it packages coming in. So what we’re ways to raise the nicotine levels so would be unconstitutional to prohibit doing now is we’re lumping this onto they can keep people smoking, because an industry from trying to get children FDA, and FDA is a challenged, a very they were very well aware of the fact to smoke a product that’s illegal for challenged agency. that nicotine was addictive and they them to buy in any State of the Union. I urge individuals to vote ‘‘no’’ on could, in fact, make sure that nicotine I think we are, today, at the last gasp this legislation. There is a better way grabbed on to those smokers and kept of the tobacco industry’s efforts to pro- to regulate tobacco. them captive to that habit. tect their profits at the expense of the Mr. WAXMAN. So, Madam Speaker, And the Joe Camel advertising cam- health and lives of the American peo- it’s come down to this, a musing that paign was marketed in France to see if ple and to get children to take up this

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habit. We’re moving away from it fast and money. I strongly urge my colleagues to I want to thank Chairman WAXMAN and his in this country. The FDA will help us join me in putting an end to this deadly cycle staff, and Senator KENNEDY for their tireless succeed in ending this tobacco epi- and vote yes on this very important bill. work over the years to ensure that we could demic. Ms. FOXX. Madam Speaker, this bill in- get to this moment. My heart goes out to people around cludes more than $5 billion in new tax in- The federal regulation of tobacco has been the world as American tobacco compa- creases on tobacco companies and gives a long time coming. I’m pleased that today’s nies are telling people in other coun- sweeping control of the tobacco market to the action will complete consideration of this bill tries, be like Americans. If you’re a FDA. Chairman DINGELL, discussing the sal- and send it on to the President to finally get woman, you can smoke—don’t let your monella outbreak last summer, was quoted in it enacted into law. culture keep you from taking up this The Wall Street Journal as saying that ‘‘there’s According to the Centers for Disease Con- habit. As they tell children around the a total inability of the FDA to carry out its mis- trol and Prevention, smoking is the leading world, start smoking. You can be more sion.’’ This isn’t the first Democrat to raise cause of premature death in the United like Americans who you so admire. questions about the effectiveness of the FDA. States. More than one in five Americans You can be cool, and all the stuff that It is therefore highly hypocritical of them to ex- smoke, and according to the CDC’s most re- was blabbered out in the decades in the tend the agency’s regulatory authority to a cent report, in 2004 this included about 21 United States to get so many millions multi-billion dollar industry of which the FDA percent of adults and more than 22 percent of of people to smoke. has no expertise. high school students. Madam Speaker, this bill, authored This bill undermines the established pur- Each year about 1 in 5 deaths, about by Senator KENNEDY in the Senate and pose of the FDA. As FDA Commissioner An- 443,000 people, are a result of smoking or ex- by myself in the House, has come a drew von Eschenbach testified before the posure to secondhand smoke. And for each long way. It took us a long time to get House Energy and Commerce Committee in person who dies from a smoking related dis- here. But we’re here now, and I urge October 2007, the FDA is an agency intended ease about 20 more are living with a smoking my colleagues to vote for passage of to promote and protect the public health. In attributable chronic illness—or about 8.6 mil- this legislation. the Commissioner’s opinion, requiring the FDA lion people. Mr. VAN HOLLEN. Madam Speaker, this is to ‘‘approve’’ tobacco products as a result of In addition to the significant effects of smok- a very important and historic day for the Amer- this bill would dramatically change the agen- ing on the health of our constituents, the esti- ican people. I rise in strong support of the bi- cy’s focus. Mr. von Eschenbach stated that mated costs of smoking-related medical ex- partisan Family Smoking Prevention and To- ‘‘Associating any agency whose mission is to penses and loss of productivity exceed $167 bacco Control Act, of which I am a proud origi- promote public health with the approval of in- billion annually. Thankfully, in my state of California we have nal cosponsor. I want to thank and acknowl- herently dangerous products would undermine known the dangers of smoking for a long time, edge the leadership of Chairman WAXMAN, its mission and likely have perverse incentive and we were one of the first states to move Senator KENNEDY, and so many others who effects.’’ forward in banning indoor smoking in public have fought the battles for so many years to While establishing FDA authority to regulate places, including bars and restaurants. As a see this day happen. tobacco products, this bill would also retain result our State has the second lowest preva- Granting the Food and Drug Administration the FTC’s federal authority to regulate tobacco lence level of smoking among both adults and the authority to regulate tobacco products is advertising and circulation. It would provide youth, at 14.8 percent and 13.2 percent re- long overdue. The legislation is a critical step only limited pre-emption of state laws, allowing in protecting the health and well being of mil- spectively. more rigid state restrictions on tobacco adver- It is long past time that we try to take a na- lions of Americans from the deadly effects of tising. tional approach to address the dangers of tobacco use. It is a shame that tobacco prod- This bill imposes undue bureaucratic and smoking. ucts were not regulated in this country. logistical hardships on tobacco manufacturers I’m pleased that this bipartisan legislation Though the FDA has the authority to regulate by burying them under multiple layers of regu- will grant the Food and Drug Administration products that are not addictive, we always had lation. It is important to remember that the authority to regulate the advertising, mar- this gap in their regulatory authority when it sale of tobacco is legal in the United States keting, and manufacturing of tobacco prod- came to the very addictive products of nicotine and is credited with hundreds of thousands of ucts. And I’m also pleased that it takes steps and tobacco products. jobs across the country. We cannot afford to to ban flavor additives, including menthol, as For far too long, the tobacco companies lose more American jobs especially when we well as further restricting marketing directed to have taken advantage of this loophole and are facing such economic challenges. our children. have exploited it by marketing their deadly FDA regulation will have a devastating eco- But passage of this bill really is just the first products to young people. Generation after nomic impact on small tobacco companies, step. We’ve also got to make sure that we fol- generation, the tobacco companies knowingly their employees, associated businesses, and low through on the regulatory authority pro- targeted our kids through flavored cigarettes, the largely rural communities which they sup- vided in this bill to help encourage smokers to manipulating the ingredients in their products, port. Under this legislation they will not be quit, and to provide help to those who choose false advertising and other deceiving meth- able to comply with and afford what is sure to to do so. ods—all to ensure that their profit margins re- be a costly and complex regulatory regime. However I’m pleased that we are finally tak- mained high. In fact, they had to do that. In There are some 350 small tobacco manu- ing this action today, and I’m convinced that it order for these companies to continue to make facturing companies throughout the United will help to improve public health and reduce their profits, they had to find ways to hook States. Together with their suppliers, vendors, costs to our health care system in the long people on tobacco products. distributors and tobacco growers, these com- run. I am very proud of the efforts Maryland has panies employ thousands of people. Tobacco I urge my colleagues to support this bill. taken to curb the effects of tobacco use. It has growing in particular has long been an impor- Mr. MCINTYRE. Madam Speaker, I rise increased the tobacco tax and youth smoking tant part of rural communities. As most of today to express grave concerns about H.R. has declined. Maryland also passed a com- these companies are located in rural, eco- 1256, the Family Smoking Prevention and To- prehensive smokefree indoor air law in 2007. nomically depressed areas, the jobs, em- bacco Control Act. I am also proud that the Congress took steps ployee health and pension benefits and rev- This bill will grant the Food and Drug Ad- earlier this year to decrease tobacco use by enue they provide is critical to our local econo- ministration (FDA) wide authority to dictate to increasing federal excise taxes on cigarettes mies. While large tobacco companies can ab- manufacturers and growers dramatic changes as part of the reauthorization of the State Chil- sorb the cost of FDA regulation, many of in product design and leaf cultivation, a con- dren’s Health Insurance Program. these smaller companies cannot. This legisla- cern that has been raised repeatedly by the Let’s make sure that future generations of tion will force them to close their doors, leav- tobacco growers in my district. The last thing young people do not get addicted to tobacco ing their employees jobless. we want is government bureaucrats coming on products. Addiction to tobacco products has Ms. LEE of California. Madam Speaker; I the farm! had a huge cost to our society in terms of rise in strong support of the Senate Amend- The tobacco industry contributes over $36 lives and money by killing over 400,000 Amer- ments to H.R. 1256, the Family Smoking Pre- billion to the U.S. economy each year, em- icans each year. This legislation will save lives vention and Tobacco Control Act. ploying over 19,000 individuals nationwide. In

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my home state of North Carolina, over 8,600 For instance, smoking-related diseases Chairman WAXMAN has assured me that I people are employed by the industry with a cause an estimated 440,000 American deaths am correct in concluding that the term in sec- statewide economic impact of over $23.9 bil- each year. And a 2004 study by the CDC’s tion 917(bX1) regarding membership on the lion. National Center for Chronic Disease Preven- Advisory Committee is different from—and The manufacturing provisions and ‘‘FDA on tion and Health Promotion found that cigarette need not be interpreted as the same as—the the farm’’ provisions of this bill will put many smoke contains over 4,800 chemicals, 69 of one used in proposed new section 900(16). companies and growers out of business. In which are known to cause cancer. Additionally, Chairman WAXMAN has assured this time of economic uncertainty, we can’t af- Ninety percent of adult smokers are ad- me that when section 917(b)(1) says that one ford to lose more jobs! dicted to tobacco before they reach the age of member of the Scientific Advisory Committee In addition, the FDA is already overbur- 18; 50 percent before the age of 14. Currently must be a representative of the ‘‘small busi- dened with its food safety and drug approval the average age of initiation to tobacco is 11. ness tobacco manufacturing industry’’ that mission. Placing another large regulatory bur- Forty-eight million adults smoke in the U.S., does NOT mean that the person must be a den on an already overwhelmed agency will which is 22.9 percent of the population overall, representative of a ‘‘small tobacco products further divert attention away from the FDA’s and 33 percent of youth currently smoke. manufacturer’’ as defined in section 900(16). primary role of protecting our food supply and Those real people are our parents and chil- I appreciate the chair’s effort to ensure that regulating prescription drugs. dren, our family and friends, who suffer the small manufacturers have a seat at the table Mr. TOWNS. Madam Speaker, today, I rise consequences of addiction to tobacco. I want on the Scientific Advisory Committee. The in support of H.R. 1256 because of the public my children to grow up healthy and to make passage of this important legislation is a vic- health benefits this legislation will provide to healthy decisions. To help that happen, H.R. tory for public health and our nation’s children. the country. 1256 will put in place the proper authority for I have supported this bill in both this and the I am deeply troubled, however, that the leg- the Food and Drug Administration to establish last Congress because I believe we must islation we are voting on today does not in- regulations over tobacco products. We need place a far greater emphasis on youth smok- clude many provisions of great importance to the FDA to protect our population from the ing prevention and the elimination of tobacco Federal employees. These provisions were harmful effects of cigarettes and tobacco prod- advertising aimed at children. The Food and adopted unanimously by this chamber and ucts by being able to provide sound, scientific Drug Administration is the logical agency to were included in the tobacco legislation that regulations governing these products. take on the new regulatory responsibilities, was sent to the Senate. Even with all the warnings, and the money and Congress and the Obama Administration The Oversight and Government Reform need to make sure they have adequate sup- Committee worked closely with the sponsors spent on education campaigns, kids are still picking up smoking at the alarming rate of port to carry out this important job. of H.R. 1256 in crafting this legislation. The bill Mr. MCINTYRE. Madam Speaker, I rise to modernizes the Federal Employee Thrift Sav- 3,000 a day in the United States. The health concerns that will face these discuss a technical but important matter. H.R. ings Plan, and these changes to the TSP pro- 1256 would permit the use of brand names children are costly, painful, and deadly. vide the revenue that covers the cost of new and logos on roll-your-own paper, as well as tobacco prevention programs. As a matter of But they are also ultimately preventable. I am acutely concerned that tobacco compa- cigarettes and smokeless tobacco. The U.S. simple fairness, a portion of this revenue gen- Congress has correctly recognized the neces- erated by Federal employees was devoted to nies have used Portland, Oregon, as a test market for new smokeless tobacco products. sity of allowing RYO manufacturers to put their simple fixes to the Federal retirement system brand names on the paper that is used to as- Products like snus, or other tobacco-based that will make it more fair and efficient for Fed- semble RYO cigarettes. However, I am con- nicotine delivery products have been repeat- eral employees and management. cerned that language only naming one compo- edly tested in markets like Portland. The House-passed legislation included pro- nent and not the other necessary components Many of these products look like candy and visions to eliminate inconsistency in how part- could lead to a prohibition on branding for taste sweet. They are an addictive tobacco time service, breaks in service, and unused tubes, rollers, injectors and filters. These are trap for children and should be either banned sick leave are considered in calculating retire- items that are used by individuals in their or heavily regulated away from kids. ment benefits. These provisions would help homes for purposes of making their own ciga- I ask my colleagues to agree to the Senate encourage highly-talented individuals to return rettes, and not seen by others. They have amendments to H.R. 1256, the Family Smok- to government service at a time when we none of the attributes which have caused the ing Prevention and Tobacco Control Act, and need to be attracting such individuals to pre- restriction of the use of logos on other items send this bill to the President’s desk for him to pare for a wave of upcoming retirements, and such as t-shirts. would help that wave of retirements be more sign. For more than 100 years, these types of predictable and orderly. Mr. PRICE of North Carolina. Madam RYO making components have been mar- Unfortunately, the Senate amendments to Speaker, I thank Chairman WAXMAN for his keted with company brand names and logos. this bill left out these critical provisions. It is leadership on this important legislation—and This practice helps consumers easily identify very disappointing, and unfair to Federal em- on the whole range of public health issues be- which components and accessories to use ployees, that they are used to generate the fore the Congress—and have talked exten- and helps companies establish good-will with revenue for these important changes, but that sively with him about the intention of the use their customers. Yet, this practice will unnec- a portion of that revenue will not fund impor- of the term ‘‘small business tobacco manufac- essarily be forced to come to an end unless tant reforms that will make the Federal per- turing industry’’ as it concerns the Scientific components other than RYO paper are in- sonnel system more efficient. I will continue to Advisory Committee established in Section cluded within the FDA’s final rule on product work with my colleagues to ensure that these 917(b)(1). branding. The intent of this legislation dictates inequities and inefficiencies in the Federal re- H.R. 1256 provides for the establishment of that the branding prohibition does to not apply tirement system are addressed. a 12-member Tobacco Products Scientific Ad- to entities that do not meet the definition of a Mr. WU. Madam Speaker, I rise today in visory Committee and stipulates that one of manufacturer or importer of cigarettes or support of H.R. 1256, the Family Smoking the members of the Committee shall be a smokeless tobacco. Any final rule promulgated Prevention and Tobacco Control Act, and ask ‘‘representative of the interests of the small by FDA should recognize that RYO papers my colleagues to agree to the Senate amend- business tobacco manufacturing industry’’ that and all necessary components are permitted ments. may be filled on rotating, sequential basis by branding authority. The statistics being heard on this floor are representatives of different ‘‘small business to- Ms. MCCOLLUM. Madam Speaker, I rise in handed out on this floor like candy. Because bacco manufacturers.’’ strong support of the Family Smoking Preven- numbers are often passed off as nothing more For the purpose of phrasing in compliance tion and Tobacco Control Act (H.R. 1256). than empty words, we fail to recognize what with certain requirements of this act Section Today is a historic day for the prevention of they mean—in this Speaker, I rise today in 900(16) of the bill defines ‘‘small tobacco disease and promotion of public health in support case we are talking about people’s product manufacturers’’ as those having fewer America. I commend Chairman WAXMAN, lives. It was Irving Selikoff, a medical re- than 350 employees. However, the bill does Chairman DINGELL, and Chairman PALLONE for searcher who co-discovered a cure for tuber- not define what constitutes a ‘‘small business their leadership in advancing this legislation. culosis who said, ‘‘Statistics are real people tobacco manufacturer’’ as it relates to the Tobacco use is the single most preventable with the tears wiped away.’’ SAC. cause of death in the United States. More

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14941 than 400,000 people die in the U. S. each Connolly (VA) Kilroy Quigley Coble King (IA) Pitts year from tobacco use, including 5,600 Min- Conyers Kind Rahall Coffman (CO) Kingston Posey Cooper King (NY) Rangel Cole Kirkpatrick (AZ) Price (GA) nesotans. Another 8.6 million Americans are Costa Kirk Rehberg Conaway Kissell Radanovich living with a serious illness caused by smok- Costello Klein (FL) Reichert Culberson Lamborn Roe (TN) ing. Unfortunately, the problem continues to Courtney Kosmas Reyes Davis (KY) Latham Rogers (KY) Crenshaw Kratovil Davis (TN) Latta grow. Every day, more than 3,500 young Richardson Rohrabacher Crowley Kucinich Rodriguez Diaz-Balart, L. Lewis (CA) Rooney Diaz-Balart, M. Linder Americans try a cigarette for the first time. Cuellar Lance Rogers (AL) Royce Flake Lucas One third of these individuals will eventually Cummings Langevin Ros-Lehtinen Ryan (WI) Dahlkemper Forbes Lummis die prematurely as a result of long-term to- Larsen (WA) Roskam Scalise Davis (AL) Larson (CT) Foxx Mack Ross Schmidt bacco use. Even those who do not choose to Davis (CA) LaTourette Franks (AZ) McClintock Rothman (NJ) Sensenbrenner smoke tobacco are put in harms way—for Davis (IL) Lee (CA) Garrett (NJ) McCotter Roybal-Allard Sessions every eight smokers who die from using to- DeFazio Lee (NY) Rush Goodlatte McHenry Graves McHugh Shadegg DeGette Levin Ryan (OH) bacco, one non-smoker also loses their life. Guthrie McIntyre Shuler Delahunt Lipinski Salazar Heller Mica Shuster The Food and Drug Administration, FDA, is DeLauro LoBiondo Sa´ nchez, Linda Hensarling Miller (FL) Smith (NE) charged with ensuring the safety of food and Dent Loebsack T. Herger Moran (KS) Souder Dicks Lofgren, Zoe Sarbanes medicine sold in the United States, but lacks Hoekstra Myrick Thompson (PA) Dingell Lowey Schakowsky the authority to regulate one of the deadliest Doggett Luja´ n Hunter Neugebauer Thornberry Schauer Inglis Olson products in America—tobacco. This is a loop- Donnelly (IN) Lungren, Daniel Schiff Tiahrt hole American families cannot afford. Doyle E. Issa Paul Westmoreland Schock Jenkins Pence The Family Smoking Prevention and To- Dreier Lynch Schrader Whitfield Driehaus Maffei Johnson, Sam Perriello Wilson (SC) bacco Control Act, of which I am an original Schwartz Jordan (OH) Petri Duncan Maloney Scott (GA) cosponsor, would grant the FDA the authority Edwards (MD) Manzullo Scott (VA) NOT VOTING—30 Edwards (TX) Markey (CO) to regulate the advertising, marketing, and Serrano Ellison Markey (MA) Ackerman Ehlers Lewis (GA) Sestak manufacturing of tobacco products, particularly Ellsworth Marshall Adler (NJ) Eshoo Luetkemeyer Shea-Porter for young people. By prohibiting the colorful Emerson Massa Baca Gallegly Marchant Sherman Engel Matheson Barrett (SC) Gingrey (GA) Miller, Gary marketing of tobacco products to children, we Shimkus can help prevent countless young Americans Etheridge Matsui Blackburn Gohmert Nunes Fallin McCarthy (CA) Simpson Blunt Hastings (WA) Rogers (MI) from becoming victims of deceptive adver- Farr McCarthy (NY) Sires Brown, Corrine Holt Ruppersberger tising. This bill will also allow the Secretary of Fattah McCaul Skelton Buchanan Jones Sanchez, Loretta Health and Human Services to approve all Filner McCollum Slaughter Childers Kennedy Sullivan Fleming McDermott Smith (NJ) Deal (GA) Kline (MN) Wilson (OH) label statements and to restrict the sale, pro- Fortenberry McGovern Smith (TX) motion, and distribution of tobacco products Foster McKeon Smith (WA) b 1154 Frank (MA) McMahon Snyder for the protection of public health. This legisla- So the motion to concur was agreed tion will also accomplish all of these important Frelinghuysen McMorris Space Fudge Rodgers Speier to. goals in a fiscally responsible manner—fund- Gerlach McNerney Spratt The result of the vote was announced Stark ing for FDA tobacco activity will be provided Giffords Meek (FL) as above recorded. through a user fee on tobacco manufacturers. Gonzalez Meeks (NY) Stearns Stupak A motion to reconsider was laid on I urge my colleagues to support this bill to Gordon (TN) Melancon Granger Michaud Sutton the table. pass this bill and send it to the President to be Grayson Miller (MI) Tanner Stated for: signed into law. This is an important step to Green, Al Miller (NC) Tauscher Ms. ESHOO. Madam Speaker, I was not moving towards a healthier America. Green, Gene Miller, George Taylor Griffith Minnick Teague present during Senate Amendment to H.R. Mr. WAXMAN. I yield back the bal- Grijalva Mitchell Terry 1256, the Family Smoking Prevention and To- ance of my time. Gutierrez Mollohan Thompson (CA) bacco Control Act, on June 12, 2009. Had I The SPEAKER pro tempore. Pursu- Hall (NY) Moore (KS) Thompson (MS) been present I would have voted ‘‘yea.’’ ant to House Resolution 532, the pre- Hall (TX) Moore (WI) Tiberi Halvorson Moran (VA) Tierney vious question is ordered. Hare Murphy (CT) Titus f The question is on the motion offered Harman Murphy (NY) Tonko by the gentleman from California (Mr. Harper Murphy, Patrick Towns GENERAL LEAVE Hastings (FL) Murphy, Tim WAXMAN). Tsongas Mr. WAXMAN. I ask unanimous con- Heinrich Murtha Turner The question was taken; and the Herseth Sandlin Nadler (NY) Upton sent that Members have 5 legislative Higgins Napolitano Speaker pro tempore announced that Van Hollen days to revise and extend their re- Hill Neal (MA) Vela´ zquez the ayes appeared to have it. Himes Nye marks. Visclosky Mr. BUYER. Madam Speaker, on that Hinchey Oberstar The SPEAKER pro tempore. Is there Walden Hinojosa Obey I demand the yeas and nays. Walz objection to the request of the gen- The yeas and nays were ordered. Hirono Olver tleman from California? Hodes Ortiz Wamp The vote was taken by electronic de- Holden Pallone Wasserman There was no objection. vice, and there were—yeas 307, nays 97, Honda Pascrell Schultz Waters f not voting 30, as follows: Hoyer Pastor (AZ) Inslee Paulsen Watson [Roll No. 335] Israel Payne Watt PRIVILEGED REPORT ON RESOLU- YEAS—307 Jackson (IL) Pelosi Waxman TION OF INQUIRY TO THE PRESI- Weiner Jackson-Lee Perlmutter DENT Abercrombie Bishop (GA) Cantor (TX) Peters Welch Altmire Bishop (NY) Cao Johnson (GA) Peterson Wexler Mr. WAXMAN, from the Committee Andrews Blumenauer Capito Wittman Johnson (IL) Pingree (ME) on Energy and Commerce, submitted a Arcuri Boccieri Capps Johnson, E. B. Platts Wolf Austria Bono Mack Capuano Kagen Poe (TX) Woolsey privileged report (Rept. No. 111–146) on Bachus Boren Cardoza Kanjorski Polis (CO) Wu the resolution (H. Res. 449) of inquiry Baird Boswell Carnahan Kaptur Pomeroy Yarmuth requesting the President to provide Baldwin Boucher Carney Kildee Price (NC) Young (AK) Barrow Boyd Carson (IN) Kilpatrick (MI) Putnam Young (FL) certain documents in his possession to Bartlett Brady (PA) Cassidy the House of Representatives relating Bean Brady (TX) Castle NAYS—97 Becerra Braley (IA) Castor (FL) to the Environmental Protection Agen- Berkley Brown (SC) Chandler Aderholt Boehner Burgess cy’s April proposed finding that green- Berman Brown-Waite, Clarke Akin Bonner Buyer house gas emissions are a danger to Berry Ginny Clay Alexander Boozman Calvert public health and welfare, which was Biggert Burton (IN) Cleaver Bachmann Boustany Campbell Bilbray Butterfield Clyburn Barton (TX) Bright Carter referred to the House Calendar and or- Bilirakis Camp Cohen Bishop (UT) Broun (GA) Chaffetz dered to be printed.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14942 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 PRIVILEGED REPORT ON RESOLU- On Tuesday, the Former Members has made—with which I strongly agree TION OF INQUIRY TO THE PRESI- Association will have their annual and that I think is fair to all the Mem- DENT meeting on the floor at 8:30 a.m. The bers and to the committee Chairs and Mr. WAXMAN, from the Committee House will then meet at 10:30 a.m. for subcommittee Chairs—and that is that on Energy and Commerce, submitted a morning-hour debate and 12 p.m. for there will be a requirement for privileged report (Rept. No. 111–147) on legislative business. On Wednesday and preprinting an amendment. There will the resolution (H. Res. 462) requesting Thursday, the House will meet at 10 be no selection in the CJS bill of that the President transmit to the a.m. for legislative business. And on amendments, but there will be a re- House of Representatives all informa- Friday, as is unusual, the House will quirement that they be preprinted and tion in his possession relating to spe- meet at 9 a.m. for legislative business. included in the RECORD. If, however, I want to assure the gen- cific communications with Chrysler Madam Speaker, we will consider tleman, there is some problem with the LLC (‘‘Chrysler’’), which was referred several bills under suspension of the rules. A complete list of suspension RECORD reflecting an amendment that to the House Calendar and ordered to has been prefiled but doesn’t make it in be printed. bills will be noted by the end of the day. the RECORD, we would proceed as if f In addition, we will consider a con- that had been included in the printed PERMISSION TO FILE CON- ference report on H.R. 2346, the Supple- RECORD. FERENCE REPORT ON H.R. 2346, mental Appropriations Act on the 2010 Mr. CANTOR. Madam Speaker, I SUPPLEMENTAL APPROPRIA- Commerce, Justice, Science, and Re- thank the gentleman. TIONS ACT, 2009 lated Agencies Appropriation Act and As the gentleman knows, in 2005 this the 2010 Homeland Security Appropria- House did abide by a schedule such as Mr. OBEY. Madam Speaker, I ask the one that he proposes, and did so unanimous consent that the managers tions Act. And I yield back. Mr. CANTOR. Madam Speaker, I under an open rule on each bill. on the part of the House may have I ask the gentleman if, given this until 11:59 p.m. on June 12, 2009, to file thank the gentleman. I would say to the gentleman that he preprinting requirement that we are a conference report on H.R. 2346, mak- has noticed two appropriations bills for proceeding under, if there is a need for ing supplemental appropriations for next week: Commerce, Justice and a perfecting amendment that comes the fiscal year ending September 30, Science; and the Homeland Security upon the adoption of an amendment, 2009, and for other purposes. how is it that we will be necessarily appropriations bills. Madam Speaker, I The SPEAKER pro tempore. Is there guaranteeing Members’ perfecting would ask the gentleman, does he ex- objection to the request of the gen- amendments the right to be heard? pect the House, as is its custom, to tleman from Wisconsin? Will there be a UC granted for such a consider these bills under an open rule? There was no objection. perfecting amendment? I yield. And I yield. Mr. HOYER. I thank my friend for f Mr. HOYER. I thank the gentleman yielding. PERMISSION TO FILE PRIVILEGED for yielding. I have discussed this matter with the REPORT ON COMMERCE, JUS- It certainly would be our intent to chairman of the Appropriations Com- TICE, SCIENCE, AND RELATED proceed with an open rule on the con- mittee, and it is his view—and I share AGENCIES APPROPRIATIONS sideration of the Commerce, Justice that view, certainly—that in that in- BILL, 2010 and State bill—I guess it’s Science stance granting a unanimous consent now. The intent, of course, as the gen- Mr. OBEY. Madam Speaker, I ask would be appropriate. Obviously, if the tleman knows based upon our discus- unanimous consent that the Com- circumstances change and such an sions, is that we will finish all 12 ap- mittee on Appropriations may have amendment were necessary, I think the propriation bills individually between until 11:59 p.m. on June 12, 2009, to file gentleman will find that the chairman now and the 30th of July. This will give a privileged report on a bill making ap- is inclined—and I believe the sub- the Senate and the House the oppor- propriations for the Departments of committee chairman will be inclined— tunity to agree on a conference report Commerce and Justice, and Science, to give unanimous consent to achieve on the 12 appropriation bills and hope- and Related Agencies for the fiscal that objective. fully enact those bills and send them to year ending September 30, 2010, and for Mr. CANTOR. I thank the gentleman. the President prior to the onset of the other purposes. Madam Speaker, I would say to the fiscal year October 1. If we do that, of The SPEAKER pro tempore. Is there gentleman that the Speaker of the course, it will be unusual, and it is an objection to the request of the gen- House has announced a goal of consid- ambitious schedule. But because of tleman from Wisconsin? ering the cap-and-trade bill on the that, it will be necessary for us to con- There was no objection. floor prior to the July 4 recess. I would sider these bills in an effective, but The SPEAKER pro tempore. Pursu- ask the majority leader, does he expect also efficient, fashion and stay within ant to clause 1 of rule XXI, all points of the Speaker’s goal to be met? And I time constraints that will allow us to order are reserved. yield. accomplish those 12 bills within that Mr. HOYER. I thank the gentleman f time frame. I am hopeful that as Mr. for yielding. b 1200 OBEY and Mr. LEWIS proceed and the We certainly hope so. The Speaker subcommittee Chairs proceed, that we and I have both indicated, with respect LEGISLATIVE PROGRAM can agree on that occurring. to the energy bill, which seeks to not (Mr. CANTOR asked and was given As the gentleman and I have dis- only address the conservation of our permission to address the House for 1 cussed, we will see how the first bill energy and making us energy inde- minute.) goes, or the second or third, and hope- pendent, but also seeks to address the Mr. CANTOR. Madam Speaker, I fully they will go in that fashion. The global warming challenge that con- yield to the gentleman from Maryland, only constraint that we want is to uti- fronts our globe, to pass that legisla- the majority leader, for the purpose of lize the time so we can effect the objection in a timely fashion. It passed out announcing next week’s schedule. tive of passing these bills by the Au- of committee, as the gentleman knows, Mr. HOYER. I thank my friend for gust break so we will have time to fin- the week when we left for the Memo- yielding. ish them before the beginning of the rial Day break, so it has been pending On Monday, Madam Speaker, the fiscal year. now for at least 3 weeks. House will meet at 12:30 p.m. for morn- I would tell my friend that, in addi- It is our hope that we can move for- ing-hour debate and 2 p.m. for legislation to that, there would be one, how- ward on this as early, perhaps, as the tive business, with votes postponed ever, additional request that the chair- last week in June, which would be im- until 6:30 p.m. man of the Appropriations Committee mediately before the July 4 break.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14943 Time and circumstances will dictate are the reports correct which have in- detainee photos because I did not be- whether or not that is possible, but we dicated that the provisions prohibiting lieve it would add any additional ben- certainly do hope to consider that in the release of detainee photos has now efit to our understanding of what hap- the near term. been stripped from the measure that pened in the past and that the most di- In addition, as the gentleman un- we will consider? And thirdly, could rect consequences of releasing them doubtedly knows, we also have under the gentleman confirm that the con- would be to further inflame anti-Amer- consideration the health care bill, ference report coming to the House will ican opinion and put our troops in which the President has made a very now allow for the transfer of the Guan- greater danger. Earlier today the Sec- high priority and which we have made tanamo detainees into the United ond Circuit granted the government’s a very high priority. So that bill will States? motion that will stay the earlier court also, we hope, be considered prior to And I yield. order to release the detainees’ photos, the August break. Mr. HOYER. I thank the gentleman and we will now move forward with a So those two bills are major pieces of for yielding. petition to the Supreme Court to ap- As the gentleman recalls, we had a legislation that we hope to consider, peal the case. relatively robust discussion about this but I don’t want to give an exact date He goes on to say, I deeply appreciate on those because they are complicated last week. Let me, first of all, say that the prin- all you have done to help with the ef- pieces of legislation. We hope that we ciple purpose of this bill was, is, and fort to secure funding for the troops, can reach agreement on—and we would will be on Tuesday the funding of our and I assure you that I will continue to like to reach agreement across the troops in the field, providing them with take every legal and administrative aisle as well—if not all facets, at least the resources necessary to complete remedy available to me to ensure that some facets of that bill. I’m sure your successfully or pursue successfully the the DOD detainee photographs are not side has considerations that will help task that we’ve given them and to pro- released. Should a legislative solution us perfect a bill. I think we will prob- vide for their safety and well-being to prove necessary, I am committed to ably have some agreements, but, never- the possible extent we can. So that was working with the Congress to enact theless, we hope to move forward to- the intent, it is the intent, and will re- legislation that achieves the objectives gether on both bills. main the intent. we share. Mr. CANTOR. Madam Speaker, I Now, let me make a suggestion that With respect, lastly, Mr. Whip, to the thank the gentleman. providing for some of the poorest na- detainees, as you know, one detainee I would like to ask a followup of the tions in the world to be more success- was, in fact, transferred to the United majority leader, specifically for the ful economically will not only be bene- States, to New York, for the purposes benefit of the Members who serve on ficial to our country and to the inter- of trial. That is not unusual. As the the Ways and Means and the Agri- national economy generally, but also gentleman knows, many terrorists culture Committees. Will we anticipate to the safety of our troops, very frank- have been tried in the New York Dis- that those two committees will have ly. It is, obviously, in deep poverty and trict Court in which this trial will an opportunity to hear and mark up frustration from which many of the occur. In addition to that, four the cap-and-trade bill? And I yield. terrorists that we have seen have been Uyghurs have been ordered released by Mr. HOYER. I thank the gentleman recruited. To the extent we provide for the court because the court concluded for yielding. the economies of these small, troubled there was no proof of terrorist activity I have discussed this matter with the countries, we may well be a safer by the Uyghurs. They’ve been released chairmen of both committees. Cer- world, not only economically better to Bermuda. tainly they will have the opportunity. off, but from a security standpoint bet- One Iraqi detainee, Mr. Sadkhan, was Whether they will avail themselves of ter off. So we perceive the IMF as an returned to Iraq. One Chadian detainee that opportunity I can’t say at this integral part of a process of seeking se- was returned to Chad. And Mr. point in time. What I mean by that is curity. Ghailani, to whom I have referred to that there are clearly concerns that I might say that the IMF, as I quoted earlier, has been transferred to New both committees have and have been last week, very strongly supported by York City, where there is a standing expressed. But whether or not they’re Ronald Reagan, very strongly sup- indictment against him. He’ll be tried going to actually go to a markup of the ported by both President Bushes, but for his role in the 1998 attacks in Tan- bill or try to perfect it in other ways particularly President Bush the First, zania and Kenya in which the father on the floor or in working with the En- where they said investing in the IMF and brother of one of my constituents, ergy and Commerce Committee I don’t was an investment in the well-being of Edith Bartley, were killed, Julian and think has been decided by either com- the international community and our Jay Bartley. So I, for one, am pleased mittee at this point in time. own country. that this gentleman, and I use that As you indicate, the $108 billion Mr. CANTOR. I thank the gentleman. term loosely, unfortunately, but this scores at $5 billion because it’s a loan Madam Speaker, I now would like to individual will be tried and brought to guarantee; it’s not a giveaway. We be- point out to the gentleman, as all of us justice. lieve that the IMF is a very important know, that our troops in Iraq and Af- All four Biscoe conspirators have part of it, and in answer to your ques- ghanistan have spent the last 29 days been found guilty and are serving out tion, the IMF will, in fact, be a part— waiting for this Congress to authorize sentence in the U.S. supermax prison. as I think the gentleman probably the funding that they need to execute It has been agreed under the language, knows—of the conference report that their mission to maintain not only as I understand it, that has been adopt- their own safety, but the safety of us will be filed perhaps later tonight. With respect to your second question ed that detainees would be brought to here at home. We have heard reports regarding—well, I guess your third the United States for no other purpose since last night that the war funding question because your first was about than prosecution. bill and its provision and primary mis- the security of the troops—the third Mr. CANTOR. I thank the gentleman. sion of funding the troops has now been And, Madam Speaker, I would re- question of Guantanamo, let me, first somewhat eclipsed by provisions which of all, read a letter, a paragraph of a spond by going back to the gentleman’s have no relation to protecting and sup- original statement concerning the letter dated June 11 to Mr. OBEY and porting our troops in the field. So I principal purpose of the war funding Mr. INOUYE, the Senate chairman of the would ask the gentleman, could he con- Appropriations Committee, from Presi- bill, and that he said, if I could para- firm, number one, that $108 billion— dent Obama. phrase, the intent of the bill is to fund scored at $5 billion by the Congres- our troops. So I am at somewhat of a sional Budget Office—whether that b 1215 loss to understand why we have taken money for the IMF will be included in He says, On May 13 I announced I 29 days. We’ve already had one strong the troop funding bill? Number two, would resist the release of additional bipartisan vote in this House with

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14944 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 nearly unanimity on our side of the and does, in fact, as I will restate for said that on September 25, 1990, a time aisle to provide the necessary funding the gentleman, we believe, add a secu- of economic stress internationally for for our troops, so I’m at somewhat of a rity component to the troop funding the same reason that President Obama loss to understand why the delay. that is the primary purpose of this bill. and the 19 other industrialized nations The gentleman speaks of the urgent Secondly, I reject your premise that of the world agreed that this was an need for us, as U.S. taxpayers, to fund somehow this money is going to go to appropriate step to take. a global bailout, and the gentleman people who are going to harm us. In I would hope the gentleman would said that there is indication that some- fact, of course, as I told you last week, urge his party to support this, con- how if we address the issue of poverty the last time Iran, which you men- sistent with the principles of Ronald that we will then be lessening the num- tioned, received money was when Ron- Reagan and George Bush. ber of terrorists. I don’t know, Madam ald Reagan was President of the United Mr. CANTOR. I thank the gentleman. Speaker, if all of us would agree with States in 1984. There is no expectation, Madam Speaker, I think, as the gen- that or not. No question, reducing pov- in my opinion, that Iran, while it may tleman knows, we are probably going erty is a laudable goal, but we are also be eligible technically, is going to get to have to leave this topic and agree to in the business here in Washington of any money, as it has not for the last disagree. It is very concerning, given setting priorities. Priority one should quarter of a century. the new times we are in, and, frankly, be the funding of our troops and to se- I would reiterate what I said last the facts and information have come cure this country and its citizens. And week in quoting Ronald Reagan, no in- forward about the special drawing thank God we have our men and dividual who wanted to give aid and rights about the fact and knowledge women in uniform there. They should comfort to the enemy. Very forthright that we have at this point knowing be our priority in executing in terms of in his confrontation of communism and U.S. taxpayer dollars will help facilitate countries like Iran, Venezuela, advocating for the safety and fighting despotism. He said, ‘‘I have an un- Burma, and others to access more for the security of this country. breakable commitment to increase So I am still, to use the gentleman’s funding for the IMF.’’ As I cited to you, money to do what it is that they think word from last week, confounded as to he said that on September 7, 1983. He is in their interest and certainly not in why it is we cannot have the IMF fund- went on to say, ‘‘The IMF is the the interest of the U.S. But I would like to turn the gentle- ing go through regular order in this linchpin of the international financial man’s attention back to his statement House. As you know, reports have indi- system.’’ about the intention of this bill and the The gentleman and his side of the cated that actions have been taken by primary purpose of the war funding aisle continue, in my opinion, to mis- this administration, especially Sec- bill, which, again, to loosely para- represent what is intended by that retary Geithner, to cast a vote in favor phrase, was to provide for troop safety funding. The President of the United of increasing access to money and cred- and security, and that’s the underlying States, whether it was Ronald Reagan, it for the member nations of the IMF. purpose. The gentleman indicated that George Bush the First, George Bush That is done without congressional ap- the President has already taken the the Second, or any other President, proval. And we’re talking here specifi- same position that most of us, I be- that goes to an international meeting cally about the special drawing rights lieve, in this House have taken so far of nations at the IMF. We have also with 19 of the other large industrial na- as these photos are concerned and the found out that the nation of Iran will tions in the world and they sit down to- release of the photos of the detainees. have the ability to access funding of gether and attempt to try to bring the So I am again at somewhat of a loss to over a billion dollars through this proc- global economy back to vibrancy and understand why it is that even if the ess. To me, that calls for congressional agree that, in part, what is needed is White House and the President himself oversight and action. It doesn’t war- some assistance to the poorest nations have sided with what I think the ma- rant delaying this bill. It doesn’t war- in this world who are themselves being jority of the American people feel as rant putting on the backs of our troops dragged down and, in the process, ad- well as the Members of this House, why the funding of nations, frankly, that versely affecting the global markets it is that we are doing the opposite in are providing support for the destruc- generally agree to make a substantial the text of the report that we will be tion of our efforts and endangering our commitment of loan guarantees avail- voting on. troops on the ground in Iraq and in the able. As the gentleman knows, the And I would say to the gentleman, region. United States has about a 20 percent Commander Ray Odierno, General So I have a question to the gen- vote on this, and this is about a 20 per- Odierno, Commander of the Multi- tleman of why it is so important that cent contribution that the President national Forces in Iraq, someone that we go ahead and fund a global bailout has agreed to. The other 19 nations I’m sure the gentleman has had occa- when the primary mission is to fund agreed to come up with 80 percent of sion to meet and I as well, who we our troops. these dollars. All of them agreed that know is a very respected and serious And I yield to the gentleman. this is in the best interest of restoring leader of our troops, he said just a few Mr. HOYER. I thank the gentleman our global economy and, I suggest to weeks ago, I strongly believe the re- for yielding to me. you as well, stabilizing the security lease of these photos will endanger the The gentleman articulates a number situation that confronts the inter- lives of U.S. soldiers, airmen, marines, of premises that I reject, I don’t agree national community. sailors, and civilians, as well as the with. Nobody is putting anything on President Bush said—and this is the lives of our Iraqi partners. Certain op- the back of the troops. The gentleman last quote I’ll give. You may be tired of erating units are at particular risk of has been in this body for some period of hearing these quotes, but your side of harm from release of the photos. And time, and he knows that from time to the aisle has been making a great hue he went on to describe those particular time the other body adds amendments and cry as if IMF is some specious, risks that are specific. to bills and it is incumbent upon us to dangerous pursuit. This is not a bail- The gentleman, I think, can agree consider those amendments. As the out. This is an assistance to people to with me it is not in the interest of se- gentleman knows, when we passed the try to grow back and be positive, con- curing the safety of our troops for us to bill through the House, it did not have tributing members of the international remain silent or for us not to take con- the IMF funding in the bill. The Senate global marketplace. gressional action ensuring that noth- added it to the bill. It was a subject of George Bush said this: ‘‘The IMF and ing occurs for us to possibly harm our the conference report. The President of World Bank, given their central role in troops in this bill. That is why I ask the United States has asked for the the world economy, are key to helping the gentleman again, how have we sat IMF funding. We happen to agree with all of us through this situation by pro- here and delayed consideration of the the President of the United States that viding a combination of policy advice bill because now we had to ensure in- the IMF funding is appropriate funding and financial assistance.’’ George Bush clusion in the bill the stripping of the

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14945 provision which provides the safety of tunate. And I’m hopeful that our I understand that. But if it’s going to our troops? troops are not getting the wrong mes- be closed, a plan has to be effected for And I yield to the gentleman. sage, that somehow their safety, secu- the purpose of dealing with those who Mr. HOYER. I thank the gentleman rity and the funding of their efforts are at Guantanamo, and the President for yielding. doesn’t come first. is working on such a plan. The Con- Maybe one of the answers is we have I would just lastly like to ask the gress in both bodies made a determina- less enthusiasm on this side of the aisle gentleman: How is it that when we left tion until we have such plan, we’re not for interposing in cases that the court the House and we had the broad bipar- going to take action to facilitate that. is considering. I was called back on a tisan support of the provisions which That’s what I think the conference Sunday by your side of the aisle many fenced off the money so that we would agreement sets forth, and I think it years ago to do exactly that. It ended not endanger the citizens and the com- sets forth protections that can give the up having no effect. munities of the targeted facilities that American people a confidence level. There are a lot of people on my side the detainees from Guantanamo would Let me say something additional to of the aisle who believe that the objec- come to that we took that fencing off the gentleman. I’m older than the gen- tive that is being sought, which the of the money to preclude the funding of tleman. When I was a child, approxi- President of the United States and, to shipping terrorists here, to now say mately 4 or 5 years of age, I was living this extent, General Odierno agrees that we’re going to be safer, it is a bet- in Mexia, Texas. My father, born in with the Commander in Chief that ter policy for us to try and achieve the Denmark, served in the U.S. Army. He these photos ought not to be released, rights and protect the rights of the ter- was in his forties and wasn’t sent over- as I pointed out to you in the para- rorists at the potential expense of en- seas. He was the finance officer at a graph that I read from the President’s dangering U.S. citizens? POW camp in Mexia, Texas. Mexia, letter. In fact, the court has stayed the I yield to the gentleman. Texas is a town of about 7,500 people— release of those pending a review by Mr. HOYER. As the gentleman apparently then and now. I asked the Supreme Court of the United knows, there’s no money in here for somebody about it just recently. There States. This matter is under consider- transferring. The $80 million that was were 4,000 Nazi troops in a POW camp ation. There was general concern about requested was not included in the in Mexia, Texas. They were kept there. obviating FOIA, the Freedom of Infor- House; was not included in the Senate; They were not necessarily terrorists. mation Act, generally as opposed to it’s still not included. The bill pro- We need to take special precautions. specifically. But the President has hibits current detainees from being re- But in the pursuance of the policies made it very clear, the Commander in leased in the continental United enunciated by the President of the Chief, and obviously General Odierno States, Alaska, Hawaii or D.C., as the United States when he ran for office, agrees with the Commander in Chief on gentleman knows. It prohibits current when he was substantially elected by this issue, that he is going to take such detainees from being transferred to the the American people, he told them ex- steps as are necessary to ensure that current United States, Alaska, Hawaii actly what he thought ought to be these photos are not released, to the or D.C., except to be prosecuted and done. He is pursuing what he said to extent that he and General Odierno only after Congress receives a plan de- the American people he would do. He is both agree that the release of those tailing: risks involved and a plan for doing it in my opinion in a thoughtful pictures may, in fact, have an adverse mitigating such risk; cost of the trans- way that will protect the American effect on the safety of our troops. So fer; legal rationale and court demands; public and will bring to justice those what I simply respond to the gen- and a copy of the notification provided who have committed international tleman is that the President of the to the Governor of the receiving State crimes. I think that is something that United States and General Odierno are 14 days before a transfer with a certifi- we are trying to work through. both in a agreement and the President cation by the Attorney General that I want to reiterate. The gentleman of the United States is taking action to the individual poses little or no secu- has now mentioned so many times that effect that agreement. rity risk. we have allowed the funding of the In addition, the bill provides current troops to get caught up with other b 1230 detainees cannot be transferred or re- issues. Surely the gentleman, I know, Mr. CANTOR. I thank the gentleman, leased to another country unless the does not mean, because he’s been here Madam Speaker. President submits to Congress 15 days long enough to know, that when the I would simply point to the vote prior to such transfer: the name of the House and the Senate and the Presi- taken yesterday in the House on the individual and the country the indi- dency were in the hands of his party, motion to instruct conferees, 267 Mem- vidual will be transferred to; an assess- the funding of the troops got tied up bers of this House support the inclu- ment of risks posed and actions taken from time to time with other issues. sion of the language barring release of to mitigate such risks; and the terms That’s the nature of the legislative the photos. So I am at a loss to under- of the transfer agreement with the process. But I’m hopeful that the gen- stand the thinking behind this action other country, including any financial tleman, because he’s so focused on get- when we bring this report to the floor assistance. ting this money to the troops quickly, that strips that language. Lastly, it requires the President to will urge all of his colleagues on Tues- Not only the majority, by far the submit a report to Congress describing day to join with us in voting to fund Members of this House on both sides of the disposition of each current de- the troops. the aisle said that they think that lan- tainee before the facility can be closed. Mr. CANTOR. I thank the gentleman guage is important. The American peo- But let me say in the final analysis, and his plea for support in his bill, ple do. It is counterintuitive to think many Republicans, including the knowing good and well that this bill at all that Congress should not take former Secretary of State, Colin Pow- did not go out of this House without action to secure the safety of our ell, Chairman of the Joint Chiefs of some support from Republicans that troops and stop the release of those Staff, adviser to a number of Repub- were necessary for its passage in its photos. lican Presidents, said on a news pro- original form. Lastly, Madam Speaker, I would just gram almost a year ago now that he I would just say to the gentleman say to the gentleman, we have been believed that Guantanamo ought to be and thank him for his description of somewhat dismayed again about the closed; he believed it should have been the POW camp in Texas. But here we clouding of the issues and the under- closed yesterday when he was speak- are dealing with individuals who are lying principle of this bill, which is to ing. That was a year ago. The Presi- not necessarily soldiers of war, they’re fund our troops and provide for their dent of the United States has indicated enemy combatants, an entirely dif- safety, and we’ve seen this process de- he thinks Guantanamo ought to be ferent set of circumstances that we layed over unrelated items. It is unfor- closed. There is disagreement on that. have today.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14946 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Mr. HOYER. Will my friend yield on rorism. Over 80 percent of this bill. It is schools. The people of the South that question? in that context that I would hope the Orangetown school system and the Mr. CANTOR. I will yield. gentleman would see his way clear to community as a whole owe him a huge Mr. HOYER. I thank the gentleman urging his colleagues to join with us in debt of gratitude. for yielding. passing this needed legislation. Hero is an overused word in today’s He and I are probably two of the Mr. CANTOR. Madam Speaker, I world, but I can think of fewer situa- strongest supporters in this body. thank the gentleman very much for his tions which more warrant that word Those POWs were part of a regime that suggestion and counsel, and I yield than protecting children in their class- killed 6 million people. I remind him, back the balance of my time. rooms. Ken Mitchell is truly a hero. and the gentleman doesn’t need re- f f minding of that, but these were not simply soldiers of a regime that was ADJOURNMENT TO MONDAY, JUNE VIETNAM MUST RESPECT THE pursuing a war that you and I might 15, 2009 RULE OF LAW view in a different way. Mr. HOYER. Madam Speaker, I ask (Mr. CAO asked and was given per- Mr. CANTOR. Reclaiming my time, I unanimous consent that when the mission to address the House for 1 would just say to the gentleman, as he House adjourns today, it adjourn to minute.) does know, there were applicable provi- meet at 12:30 p.m. on Monday next for Mr. CAO. Madam Speaker, although sions at law which govern the treat- morning-hour debate, and further, we live in the 21st century, many peo- ment of soldiers at war and there is a when the House adjourns on that day, ple today are still deprived of life, lib- much less definitive, more nebulous en- it adjourn to meet at 10:30 a.m. on erty or property without due process of vironment in which we are to look to- Tuesday June 16, 2009, for morning- law by governments that lack the rule wards enemy combatants, which is my hour debate. of law. One such government is the So- point. Because with the trial of enemy The SPEAKER pro tempore (Ms. KIL- cialist Republic of Vietnam. combatants on U.S. soil, we are con- ROY). Is there objection to the request About 10 years ago, the Vietnamese fronting, as the gentleman knows, of the gentleman from Maryland? Ministry of Labor, War Invalids, and cases of first impression at every turn, There was no objection. Social Affairs directly oversaw and op- and we are confronting uncertainty as erated two state-owned labor compa- f to the disposition of these cases which nies that were involved in the largest brings up potential harm for U.S. citi- MESSAGE FROM THE PRESIDENT human trafficking case ever prosecuted zens. by the U.S. Department of Justice. The I would just go back to the gentle- A message in writing from the Presi- dent of the United States was commu- case thoroughly documented the ex- man’s plea that he would like to see us ploitation and abusive conditions faced support this bill. If the primary pur- nicated to the House by Ms. Wanda Evans, one of his secretaries. by more than 230 workers at the pose is to maintain, promote the secu- Daewoosa factory in American Samoa. rity and safety of our troops and pro- f These victims were beaten, starved, vide them with funding, it is a reach COMMENDING SOUTH sexually harassed and threatened with for me to understand how allowing for ORANGETOWN SCHOOLS SUPER- deportation. The High Court of Amer- a release of photos, how allowing for INTENDENT KEN MITCHELL ican Samoa subsequently found these the transfer of enemy combatants—ter- state-owned labor agencies liable for rorists—to U.S. soil furthers that end. (Mr. ENGEL asked and was given the atrocities and made them pay $3.5 So I would say in closing, Madam permission to address the House for 1 million to the victims. Almost 10 years Speaker, if the gentleman is satisfied minute and to revise and extend his re- after the ruling, Vietnam still refuses with deferring to the White House and marks.) to acknowledge its part in these atroc- deferring to this President on the very Mr. ENGEL. Madam Speaker, I rise ities and pay. core purpose of securing this country today to commend South Orangetown Madam Speaker, I ask that the U.S. at all levels and doesn’t feel the Con- Schools Superintendent Ken Mitchell Congress demand that the Vietnamese gress should take affirmative action, in Rockland County in my district for government pay the damages and re- then I believe his support of this bill is his quick reaction and his bravery as spect the rule of law. well put. But it is certainly the opinion he singlehandedly prevented what of many of us in this House as indi- could have been a terrible tragedy in f cated by votes as late as yesterday South Orangetown Middle School. b 1245 that we can do better, that we can take According to reports, a man came action to secure our troops, get them into the school, stormed past security CONTINUING BONUSES FOR the money they need and get rid of the and demanded at gunpoint that Mr. BANKERS unrelated items in this bill. Mitchell make changes to a letter on (Ms. KAPTUR asked and was given Mr. HOYER. I simply want to ob- swine flu. He certainly picked the permission to address the House for 1 serve, as I pointed out in the five or six wrong person to threaten when he took minute.) points I made, particularly that cur- on Mr. Mitchell, a former hockey play- Ms. KAPTUR. Madam Speaker, since rent detainees cannot be transferred or er and coach. The 55-year-old super- January, the American people have en- released to another country without intendent was able to tackle him and dured another loss of $1.33 trillion of notice to us, nor can they be released disarm him before police were able to their wealth, having already faced the here in the United States without fur- break into the locked office to appre- worst drop in wealth since 1951 in the ther action. So that the gentleman’s hend the suspect. prior quarter. Yet despite being at the premise is, I think, not correct, that Thankfully, no one was hurt. root of our economy’s tailspin, Wall this President has the authority to, or Why someone would enter a school Street continues to issue huge bonuses. the intent to release people at this with a gun is something I will never For example, Merrill Lynch has time in the United States before or understand. It’s disturbing to even issued $4 billion in bonuses to the very after trial. fathom what could lead someone to bankers and financiers who created Having said that, I would say, the choose to do that. However, it is heart- this mess that are now nested over at gentleman continues to talk about the ening to realize that someone like Ken the Bank of America. This is yet an- add-ons, but I will tell the gentleman, Mitchell is standing in their way. other sign that America needs to rein as the gentleman knows, over 80 per- The dedication shown by Mr. Mitch- in the false money wizards and reward cent of this bill deals with the funding ell to the children should be an exam- those who create real wealth in our so- and security of our troops and the pros- ple to all. Our Nation has witnessed too ciety, starting with hardworking ecution of the effort to defeat ter- many deaths of our children in their Americans.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14947 So let me ask the question, when will the number of newly laid-off workers filing NO NEW TAXES, NO NEW Wall Street’s profits translate into a for unemployment benefits fell last week by SPENDING, NO NEW DEBT better life for everyone else? With 24,000 to 601,000, the lowest level since late January. (Mr. CULBERSON asked and was wealth declining and unemployment f given permission to address the House rising, America should not be hollowed for 1 minute and to revise and extend out by Wall Street. Rather, Wall DON’T GIVE TERRORISTS his remarks.) Street’s business should translate into CONSTITUTIONAL RIGHTS Mr. CULBERSON. Madam Speaker, I a better way of life for the American (Mr. SMITH of Texas asked and was just finished speaking to the Bunker Republic. We have wandered far from given permission to address the House Hill and Wilchester Elementary School that mark. for 1 minute and to revise and extend students, and I want to bring to the at- AMERICANS’ NET WORTH SHRINKS $1.33 his remarks.) tention of the people here in the audi- TRILLION IN 1Q Mr. SMITH of Texas. Madam Speak- ence and out there the cover of the new (By Jeannine Aversa) er, ‘‘You have the right to remain si- Economist magazine which expresses WASHINGTON.—American households lost lent. Anything you say can and will be beautifully the terrible, terrible burden $1.33 trillion of their wealth in the first three used against you in a court of law. You that this Congress, this liberal major- months of the year as the recession took a have the right to an attorney present ity, is passing on to our kids. bite out of stock portfolios and dragged down during questioning. If you cannot af- Now, there was debt run up under the home prices. ford an attorney, one will be appointed previous administration. I as a member The Federal Reserve reported Thursday for you.’’ that household net worth fell to $50.38 tril- of the fiscally conservative minority American citizens are read these voted against $2.3 trillion worth of new lion in the January-March quarter, the low- rights when they are taken into police est level since the third quarter of 2004. The spending under the previous adminis- first-quarter figure marked a decline of 2.6 custody. But the Obama administra- tration. I already voted against $1.6 percent, or $1.33 trillion, from the final quar- tion has decided to give these rights to trillion in this administration. And no suspected terrorists overseas. ter of 2008. matter who you are, fiscal conservative Why would the Obama administra- Net worth represents total assets such as or liberal, each one of us needs to re- homes and checking accounts, minus liabil- tion give terrorists the same rights as ities like mortgages and credit card debt. American citizens? Members of al member as parents, as husbands, as re- The damage to wealth in the first quarter Qaeda and the other terrorist groups sponsible citizens, that we cannot pass came from the sinking stock market. The should be treated as what they are, on a burden of debt to our kids. value of Americans’ stock holdings dropped America’s enemies engaged in a war On every vote on every issue, we need 5.8 percent from the final quarter of last against the United States. to remember that our children are in- year. heriting the biggest debt and the big- The stock market began to rally from 12– Giving terrorists constitutional rights is like giving a burglar the key gest deficit in our Nation’s history. As year lows in early March after Citigroup Inc. bad as the deficit was under Mr. Bush, reported it was profitable in the first two to your house. the Economist points out it will quad- months of the year. Since peaking in October f 2007, it had been the worst bear market since ruple this year and stay over $1 trillion the aftermath of the crash of 1929. CONCERNS WITH A GOVERNMENT- a year out into the future. Another hit came from falling house RUN HEALTH CARE PLAN Madam Speaker, on every vote on prices. The value of household real-estate (Mr. WILSON of South Carolina every issue, this Congress needs to cut holdings fell 2.4 percent, according to the asked and was given permission to ad- spending. No new taxes, no new spend- Fed report. dress the House for 1 minute and to re- ing, and no new debt. Collectively, homeowners had only 41.4 vise and extend his remarks.) percent equity in their homes in the first f quarter. That was down from 42.9 percent in Mr. WILSON of South Carolina. the fourth quarter and was the lowest on Madam Speaker, Republicans are com- SPECIAL ORDERS records dating to 1945. mitted to health care reform, and we The SPEAKER pro tempore. Under The Case-Shiller national home price have and will continue to offer positive the Speaker’s announced policy of Jan- index, a closely watched barometer, last solutions to achieve accessible, afford- uary 6, 2009, and under a previous order month estimated that house prices dropped able health care for all Americans. Un- of the House, the following Members 7.5 percent during the first quarter. Prices fortunately, as Democrats sat behind will be recognized for 5 minutes each. have fallen 32.2 percent since peaking in the closed doors to develop their plan, it second quarter of 2006. appears they have failed to answer f The latest snapshot of Americans’ balance sheets was contained in the Fed’s quarterly some troubling concerns about what THE WAR FOR THE BORDER report called the flow of funds. seems quite likely to be an unwar- CONTINUES ranted government takeover of the Despite the drop, the speed at which net The SPEAKER pro tempore. Under a health care system. worth shrunk slowed at the start of the year. previous order of the House, the gen- During the recession’s deepest point in the So in the spirit of honest debate, I October-December period, Americans’ net ask my Democrat colleagues how they tleman from Texas (Mr. POE) is recog- worth fell a record 8.6 percent, according to expect to pay for a government insur- nized for 5 minutes. revised figures. That was the largest drop on ance plan without raising taxes or driv- Mr. POE of Texas. Madam Speaker, records dating to 1951. ing up the national debt. How will a the out-of-control violence along our With wealth declining and unemployment government-run health plan not lead to border is made up of more complex ele- rising, there are questions about how con- ments than most people realize. The sumers—the lifeblood of the economy—will the same rationing of care that we have seen in other countries? How will criminal cartels controlling our south- behave in the coming months. ern border are a lot more powerful than If they continue to spend, even at a sub- a government-run health plan protect dued pace, the recession likely will end this the doctor-patient relationship, when we are led to believe. They are inter- year as predicted by Fed Chairman Ben Washington will now be empowered to national organized crime cartels that Bernanke and other economists. However, if pick and choose what procedures and make money off the weaknesses of oth- consumers hunker down and cut spending treatments are, in their opinion, cost ers. They traffic drugs, money, weap- again, that could delay any recovery. In the beneficial? ons and human beings across our final quarter of last year, Americans slashed Before we turn congressional offices southern border. They leave death, spending at an annualized rate of 4.3 percent, into waiting rooms, I hope my Demo- doom, and destruction in their wake. the most in 28 years. Make no mistake about it, there is Still, there was some encouraging news on crat colleagues will answer these ques- consumer spending Thursday. tions. corruption on both sides of the border Retail sales rose 0.5 percent in May, fol- In conclusion, God bless our troops, that facilitates the lawlessness that is lowing two straight monthly declines, the and we will never forget September the taking place there. Just last month the Commerce Department reported. Meanwhile, 11th and the Global War on Terrorism. former sheriff of Starr County, Texas,

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14948 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Rey Guerra, pled guilty to Federal nar- for the American military than to pro- I would gladly vote to fund the safe cotics charges. He admitted to facili- tect the borders of its own Nation from withdrawal of our troops and contrac- tating intelligence that helped Mexi- international criminal invasion. tors out of Iraq. But the supplemental can drug traffickers invade the United It is interesting, Madam Speaker. We gives me a feeling of deja vu. Haven’t States and evade counternarcotics ef- use our military thousands of miles we been there before, voting to include forts. That included trying to find out away to fight the drug war in Afghani- billions of dollars for the occupation of the identity of confidential informants. stan, but we won’t use them at home. Iraq? Madam Speaker, he needs to be Why not? There is no answer from the Congress has voted to increase fund- locked up forever for his betrayal of administration. ing for Iraq many times, even though this country and law enforcement. But We should rotate deployments of our the American people want the occupa- he is just one of a growing number of military to the southern border. Our tion to end, and it seems the Iraqi peo- recruits from both sides of the border brave men and women are routinely de- ple want us out of their country as that are facilitating this avalanche of ployed for desert training. Why not well. corruption and anarchy along the concentrate these deployments on the The supplemental also calls for send- southern frontier. border? This frees up our domestic law ing more troops to a foreign land, this The Mexican criminal cartels have enforcement to do the job they should time Afghanistan, with no exit strat- added a layer of intelligence that bet- be doing, which is rooting out corrup- egy. Talk about repeating past mis- ter resembles foreign recruitment of tion on our side of the border. takes. Talk about deja vu. Afghanistan spies during the Cold War than a tradi- Madam Speaker, I have flown with feels exactly the same as Iraq did to tional criminal enterprise. The huge the National Guard along the Texas- me. amounts of money paid to these offi- Mexico border. They do a tremendous President Obama has said that a cials allow these criminals to traffic job working with the Border Patrol and campaign against extremism will not the DEA. But a handful of helicopters people and drugs into our land. succeed with bullets and bombs alone. is not enough to secure the border. The There is a huge difference in the size He is absolutely correct about that. Air National Guard needs more equip- and scope of these international crimi- But the money in the supplemental is ment, more money and more troops to nal activities and the typical domestic overwhelmingly devoted to military capture the outlaw cartel gangs. The law enforcement agencies and their du- operations. It includes very little for U.S. gave Mexico $1.5 billion to fight ties. As more and more of the violence the economic development, humani- the cartels. That money should have spills over into Texas and other border tarian aid, and diplomatic efforts that been given to our border protectors, States, there is an urgent need to get we really need to stop extremists in Af- not the culture of corruption on the this lawlessness under control. ghanistan and in Pakistan. The cost of this culture of crime is Mexican side of the border. A lot of attention has been rightly The ratio is 90–10, 90 percent to the hammering border States. The FBI is focused on our southern border over Department of Defense, 10 percent to stretched too thin, they don’t have the the past few years. We have increased the smart alternatives. I believe the manpower to address this cross-border the boots on the ground, installed some supplemental also violates the spirit of corruption, and they are fighting do- cameras and erected some barriers and President Obama’s historic speech in mestic Federal crime and jihadists. fences and sensors. The efforts have Cairo where he offered the Muslim Right now we are asking local sher- not sealed the border, however. world the hand of friendship. In that iffs in border States to do double duty, As the violence gets worse in Mexico, speech he said that we must leave Iraq as if they are agents of Interpol. Our we must get a border strategy in place to the Iraqis. But the supplemental domestic police forces should be freed now before it erupts into a level of will only delay the return of sov- up to do what they do best, fight crime widespread violence and more corrup- ereignty to the Iraqi people. in their counties and their commu- tion that engulfs our own citizens. And then there is the little matter of nities. It is not going away, Madam Speak- the recession, Madam Speaker. When Our Drug Enforcement Agency is er. The drug cartels are in it for the the American people are feeling such doing a noble effort to control these long haul because of their lust for great pain and need so much help right international criminal cartels that money. There is a war against drugs here at home, we can’t afford to squan- more and more resemble an army at going on on the border, even though we der another $100 billion on foreign mili- the border than the Cosa Nostra, but are told now that we should not, be- tary adventures that will not make our the FBI has not been given enough cause of political correctness, use that country safe. American resources. The Border Patrol term. b 1300 is overrun, outmanned, and outgunned. The first duty of government is to Our government has limited their protect the people. The government Instead of approving the supple- rules of engagement. Their standard needs to focus on border protection. mental bill, the House should be urging operating procedure is Meanwhile, the border war continues. the administration to fundamentally nonconfrontational. Heavily armed bad And that’s just the way it is. change our mission in Iraq, and our guys come through with their contra- mission in Afghanistan. We can do this f band of drugs and humans, and yet lit- in several ways. tle is done when they confront our Bor- ENDING MILITARY OPERATIONS IN First, we should support the bill of- der Patrol. These cartels are made up IRAQ AND AFGHANISTAN fered by JIM MCGOVERN of Massachu- of a hybrid of many of the worst ele- The SPEAKER pro tempore. Under a setts, which calls upon the administra- ments of organized crime. They include previous order of the House, the gentle- tion to submit an exit strategy for Af- terrorist cells, international espionage woman from California (Ms. WOOLSEY) ghanistan. agencies, and a foreign military. is recognized for 5 minutes. Second, I urge my colleagues to con- But why are we acting as if we can no Ms. WOOLSEY. Madam Speaker, the sider the plan that I have offered in longer defend our borders and citizens supplemental appropriations bill to House Resolution 363. It’s called the from this lawlessness? It is the philos- continue our military operations in Smart Security Platform For the 21st ophy of some that we should wave the Iraq and in Afghanistan will soon re- Century. Smart Security attacks the white flag of surrender and lessen, not turn to the House for another vote. I root causes of violence by fighting pov- strengthen, our border security. This is voted against it in the first place, and erty and giving people hope for a better absolute nonsense. The Mexican orga- I am going to vote against it again. I future. It controls the spread of nu- nized criminal cartels are sophisti- cannot support it because it will pro- clear and conventional weapons of cated, and they are deadly. Maybe it is long our military involvement in Iraq mass destruction, and it strengthens time to put the United States military and it will increase our military build- our national security by reducing our on the border. There is no higher duty up in Afghanistan. dependence on foreign oil.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14949 And finally, we should insist that at that library. He led the Cedar Creek That meeting, however, occurred at least 80 percent of all future funding Kiwanis Club and was Division 26 lieu- precisely the same time that the House for Afghanistan be devoted to the tenant governor for over two years. considered H. Res. 529, a resolution Smart Security I just described. Right He served as secretary treasurer of condemning the June 10th violent at- now, the supplemental, as I told you, the Athens Kiwanis Club. He took a tack on the Holocaust Memorial Mu- devotes more than 90 percent of its dol- leadership in their annual pancake seum, a despicable anti-Semitic act lars to purely military efforts, efforts breakfast. He was an active member of that killed Officer Stephen Tyrone that are getting us nowhere. the Athens Rotary Club. And, Madam Johns. And as so eloquently articu- Madam Speaker, we must not repeat Speaker, the list of community service lated by so many of my colleagues yes- the mistakes of the past. We’ve got to goes on and on. terday during that debate, we salute stop writing more blank checks for Now, we all know across America Officer Johns for his bravery and his open-ended occupations. This is what that the Rotary motto is ‘‘service courage, and extend our deepest condo- the American people want, and Con- above self.’’ Dub lived those words lences to his family. gress must listen. every day of his life. He led by exam- I rise today not only to express my f ple, and his example represents the support for H. Res. 529, but also to best of the American character. thank my good friend and colleague, HONORING WILLIAM C. ‘‘DUB’’ Madam Speaker, Dub was not indif- Mr. KLEIN, for introducing it and for MCCARTY ferent to the direction of his State and including me as a cosponsor. The SPEAKER pro tempore. Under a Nation either. He cared passionately Madam Speaker, the Holocaust Me- previous order of the House, the gen- about faith and family and free enter- morial Museum is a noble and vitally tleman from Texas (Mr. HENSARLING) is prise and freedom, and he chose to put necessary attempt to remember and recognized for 5 minutes. his principles into action by serving as honor the victims of the Holocaust. Mr. HENSARLING. Madam Speaker, chairman of the Henderson County Re- The memorial itself is a witness to I rise today to honor the life of William publican party for 8 years. That’s truth and the promotion of human dig- C. ‘‘Dub’’ McCarty, and recognize his where I first met Dub McCarty, this nity and tolerance. Wednesday’s attack on that museum commitment and service to his com- kind, giving, caring individual. He was by a crazed, hate-filled gunman is yet munity, the State of Texas and to our always upbeat. He always had a smile another chilling reminder that our so- great Nation. on his face and he always knew that if ciety still harbors a dangerous collec- Dub, a resident of Athens, Texas, we worked together, that America’s tion of bigots and racists who hate passed away last month. He was a lov- best days would lay ahead of her. He Jews. ing husband of 58 years to JoAnn. He made a difference. was a proud father to daughters Cyn- Unparalleled since the dark days of As the congressman for the Fifth Dis- the Second World War, Jewish commu- thia and Mary Lou. He was a devoted trict of Texas, I’m honored and, frank- nities around the world are today fac- grandfather of Cole, Kyle, and ly, humbled to recognize my good ing violent attacks against syna- Michelle, and great grandfather of friend, Dub McCarty. On behalf of all gogues, Jewish cultural sites, ceme- Kristen, Preston, and Daniel. And fi- the constituents of the Fifth District teries and individuals. Anti-Semitism nally, Madam Speaker, he was my dear of Texas, and a grateful Nation, I is an ugly reality that won’t go away friend. would like to extend our heartfelt con- by ignoring it or by wishing it away. It Dub was born in 1929 in Scurry Coun- dolences and prayers to JoAnn and the must be combated with resolve and te- ty, Texas, and graduated from Lamesa family. nacity, and it must be defeated. High School. After graduation, Dub Dub will be greatly missed, but I The sad and deeply troubling reality proudly, proudly defended our Nation take solace in knowing that his con- is that James von Brunn cannot be dis- during the Korean war by serving in tributions will live on, and that the missed as an aberration, but is con- the United States Army. people who had their lives touched by nected to a whole hate-promoting When his service ended, Dub began Dub McCarty will never forget. movement that results in violence what became a legacy of leadership in Madam Speaker, I am one of those against Jews in America and around our free enterprise system and service people. the world on practically a daily basis. to his community. Godspeed to Dub McCarty. He has The Anti-Defamation League re- Dub returned to Lamesa to work and left us, but he has gone on to now hear cently issued its annual audit of anti- eventually own his own clothing busi- those words in a different place, ‘‘Well Semitic incidents. While the ADL is to ness. He gave back to his small West done, good and faithful servant.’’ be congratulated for its careful re- Texas community by shaping the lives f search on an unpleasant but absolutely of younger men as an Order of DeMolay DENOUNCING THE MURDEROUS necessary subject, the ugly facts that Dad and as a longtime Boy Scout lead- the report documents makes for pain- ATTACK ON THE HOLOCAUST er in Lamesa. ful reading. MEMORIAL MUSEUM Dub then moved to my hometown of In 2008, the ADL noted 1,352 reported Dallas, Texas, where he began a long The SPEAKER pro tempore. Under a incidents of vandalism, harassment, career in corporate group insurance previous order of the House, the gen- and physical assaults on Jewish people management. After that though, he set tleman from New Jersey (Mr. SMITH) is or Jewish-owned property nationwide. his sights eastward to the pine trees recognized for 5 minutes. Sadly, and shamefully, my own State and lakes of East Texas, and began a Mr. SMITH of New Jersey. Madam of New Jersey had more reported anti- fire and casualty insurance business in Speaker, yesterday, as ranking mem- Semitic incidents, 238, than any other Henderson County. ber of the Africa Subcommittee, I State in the Union. As a business owner, he helped count- joined several colleagues at an impor- The attack on the Holocaust Museum less members of his community tant Foreign Affairs Committee meet- is the most ominous aspect of this evil achieve their American dream, and he ing with Prime Minister Morgan wave that we have seen worldwide and took great pride in his community. His Tsvangirai of Zimbabwe. It was an ex- in our own country. The Holocaust Mu- record of service today is still un- traordinary opportunity to discuss seum is a unique institution. It is a matched in East Texas. He served as Zimbabwe’s progress towards democ- memorial, a museum, a center of Holo- the Cedar Creek Chamber of Commerce racy and away from dictatorship, its caust scholarship, and a promoter of president. He helped establish the problems with hyperinflation, and mul- tolerance and preventer of genocide. It Cedar Creek Library. He was a charter tiple health crises, including cholera, is a very powerful symbol of the soli- member of the library’s board of direc- and to obtain a fuller understanding of darity of America with those murdered tors, and he and his wife, JoAnn, what additional steps the United in the Holocaust, and with the Jewish worked tirelessly to support and grow States can take right now to help. people as well.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.001 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14950 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Madam Speaker, at this critical moment of Belarus and other persons that committees and charitable societies ment, we need government officials at have undermined democratic processes West Bank and Gaza.’’ all levels to denounce, without hesi- or institutions, committed human Among the unindicted conspirators tation or delay, every anti-Semitic act, rights abuses related to political rein the case is an organization which, wherever and whenever it occurs, no pression, and engaged in public corrup- over the last several years, has been exceptions. At this moment, not to tion pose a continuing unusual and ex- granted access to the highest levels of speak out enables the purveyors of traordinary threat to the national se- the U.S. Government—an organization hate. They never take a holiday. They curity and foreign policy of the United which is routinely elevated in the press never grow weary, nor should we. States. For these reasons, I have deter- as a voice of mainstream Muslim Just as Mr. Brunn attacked the Holo- mined that it is necessary to continue Americans. This organization is the caust Memorial Museum and murdered the national emergency and related Council on American-Islamic Rela- a courageous security officer tasked measures blocking the property of cer- tions, or CAIR. with its protection, Holocaust remem- tain persons undermining democratic Tawfik Hamid, according to his bio, brance and tolerance education must processes or institutions in Belarus. is an ‘‘Islamist thinker and reformer dramatically expand, and we need to BARACK OBAMA. and onetime Islamist extremist from ensure that our respective laws punish THE WHITE HOUSE, June 12, 2009. Egypt. He was a member of a terrorist Islamic organization, Jemaah those who hate and incite violence f against Jews. Islamiyah, with Dr. Ayman al- Finally, if we are to protect our chil- COUNCIL ON AMERICAN-ISLAMIC Zawahiri, who became later the second dren from the evil of anti-Semitism, we RELATIONS—CAIR in command of al Qaeda. must re-educate ourselves and system- The SPEAKER pro tempore. Under On May 25 of 2007, in a Wall Street atically educate our children. While the Speaker’s announced policy of Jan- Journal op-ed, Hamid wrote the fol- that starts at our homes, the classroom uary 6, 2009, the gentleman from Vir- lowing, ‘‘In America, perhaps the most conspicuous organization to persist- must be the incubator of tolerance as ginia (Mr. WOLF) is recognized for 60 well. It seems to me that only the most minutes as the designee of the minor- ently accuse opponents of hardened racist can remain unmoved ity leader. Islamophobia is the Council of [sic] by Holocaust education and remem- Mr. WOLF. Madam Speaker, as rank- American Islamic Relations.’’ The ob- brance. Only the most crass, evil and ing member on the Commerce, Justice, servations of Mr. Tawfik, himself a prejudiced among us can study the hor- Science Appropriation Subcommittee, Muslim, are particularly relevant in light of recent news reports. rors of the Holocaust and not cry out: which last week considered the fiscal On January 30, 2009, Fox News re- Never again! year 2010 appropriations bill, I have a ported that the FBI was ‘‘severing its f keen interest in and oversight respon- once close ties with the Nation’s larg- sibility for a host of counterterrorism CONTINUATION OF THE NATIONAL est Muslim advocacy group, the Coun- and related initiatives. EMERGENCY WITH RESPECT TO cil on American-Islamic Relations, The bill which is expected to come THE ACTIONS AND POLICIES OF amid mounting evidence that it has before the full House next week in- CERTAIN MEMBERS OF THE GOV- links to a support network for Hamas.’’ cludes $7.7 billion to support the work ERNMENT OF BELARUS AND Given that Hamas is on the current of the Federal Bureau of Investigation, OTHER PERSONS THAT UNDER- list of U.S.-designated foreign terrorist the FBI, whose top priorities include MINE DEMOCRATIC PROCESSES organizations, this was obviously a se- protecting and defending the United OR INSTITUTIONS IN BELARUS— rious claim and one which, if true, States against terrorism and foreign MESSAGE FROM THE PRESIDENT would rightly inform a shift in FBI pol- intelligence threats. OF THE UNITED STATES (H. DOC. icy. However, the Fox News piece left NO. 111–47) b 1315 me with some unanswered questions, questions which, given the seriousness The SPEAKER pro tempore laid be- The FBI was intimately involved in a of the report, necessitated further in- fore the House the following message 15-year investigation, which cul- quiry. Such questions of the executive from the President of the United minated last fall in the Holy Land branch are a common congressional States; which was read and, together Foundation and five of its former orga- practice and, in fact, are the responsi- with the accompanying papers, referred nizers being found guilty of illegally bility of the legislative branch of gov- to the Committee on Foreign Affairs funneling more than $12 million to the ernment and are the intended purpose and ordered to be printed: terrorist group Hamas. of our system of checks and balances. To the Congress of the United States: A Department of Justice press re- For 6 years, from 2001–2006, I served Section 202(d) of the National Emer- lease issued May 27, 2009, reported, as chairman of the appropriations sub- gencies Act (50 U.S.C. 1622(d)) provides ‘‘U.S. District Judge Jorge A. Solis committee which has oversight of the for the automatic termination of a na- sentenced the Holy Land Foundation FBI. This year, I resumed a leadership tional emergency unless, prior to the for Relief and Development and five of role as the lead Republican on the sub- anniversary date of its declaration, the its leaders following their convictions committee. President publishes in the Federal Reg- by a Federal jury in November 2008 on According to the Congressional Re- ister and transmits to the Congress a charges of providing material support search Service, ‘‘Congressional over- notice stating that the emergency is to to Hamas, a designated foreign ter- sight refers to the review, monitoring continue in effect beyond the anniver- rorist organization.’’ The sentences and supervision of Federal agencies, sary date. In accordance with this pro- range from 15 years to 65 years in pris- programs, activities, and policy imple- vision, I have sent to the Federal Reg- on. mentation. It is an integral part of the ister for publication the enclosed no- According to the Department of Jus- American system of checks and bal- tice stating that the national emer- tice, ‘‘From its inception, the Holy ances.’’ gency and related measures blocking Land Foundation existed to support A young Woodrow Wilson, before be- the property of certain persons under- Hamas. The government’s case in- coming President, put it this way. He mining democratic processes or insti- cluded testimony that, in the early said, ‘‘Quite as important as legislation tutions in Belarus are to continue in 1990s, Hamas’ parent organization, the is vigilant oversight of administra- effect beyond June 16, 2009. Muslim Brotherhood, planned to estab- tion.’’ Despite some positive developments lish a network of organizations in the Needless to say, I take very seriously during the past year, including the re- U.S. to spread a militant Islamist mes- the responsibility of congressional lease of internationally recognized po- sage and raise money for Hamas. The oversight, especially in matters with litical prisoners, the actions and poli- defendants sent Holy Land Foundation- potential national security implica- cies of certain members of the Govern- raised funds to Hamas-controlled zakat tions. In this spirit of oversight, I

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14951 wrote to the FBI on February 2, seek- give training sessions for agents and why is there a distinction between field of- ing additional information and clari- used it as a liaison with the American fices? fication regarding the Bureau’s deci- Muslim community.’’ To your knowledge, does CAIR receive fi- sion about its relationship with CAIR. I was one of several Members of Con- nancial contributions from foreign sources? If so, which ones and how much? For the RECORD, I submit a copy of gress, both Democrat and Republican, I would like these questions fully answered the letter. who wrote the Bureau in the days fol- by this Friday, March 13, and by someone CONGRESS OF THE UNITED STATES, lowing this report. Some, such as Re- who works on counter-terrorism, rather than HOUSE OF REPRESENTATIVES, publican Senator JON KYL of Arizona a public affairs officer. Other members of Washington, DC, February 2, 2009. and Democratic Senator CHUCK SCHU- Congress, both House and Senate, have ex- Mr. MICHAEL J. HEIMBACH, MER of New York, voiced their support pressed interest in and additional informa- Assistant Director, Counter Terrorism Division, for the Bureau’s decision, which was a tion about the Bureau’s position as it relates Federal Bureau of Investigation, Wash- to CAIR. I would think the Bureau would be ington DC. step further than my initial letter; but embarrassed to send the insufficient re- DEAR MR. HEIMBACH: I write regarding the they, too, desired to ‘‘understand the sponse I received. bureau’s position on meeting with the Coun- situation more fully’’ as Senators KYL Best wishes. cil on American Islamic Relations (CAIR). and SCHUMER wrote. Sincerely, Over the weekend I saw a FOX News report When I received a response from the FRANK R. WOLF, (enclosed) that the Federal Bureau of Inves- FBI on March 9, only 1 of the 10 ques- Member of Congress. tigation (FBI) has cut off ties with CAIR tions I posed was answered, which Days after my second letter, CAIR ‘‘amid mounting evidence that it has links launched a public attack against me, to a support network for Hamas.’’ Given that prompted me to send a second letter re- Hamas is on the current list of U.S. des- stating the original questions and claiming in a March 12 press release ignated foreign terrorist organizations, this pressing the FBI for a timely and de- that I ‘‘abused’’ my ‘‘office’’ by ‘‘seek- is obviously a serious claim, one which tailed response. ing to pressure the FBI to produce neg- would rightly inform a shift in FBI policy. I submit a copy of that letter for the ative information’’ about the organiza- In response to this report, I request an- RECORD. tion. swers to the following questions: CONGRESS OF THE UNITED STATES, Those assertions are patently untrue Has the FBI severed ties with CAIR? If so, HOUSE OF REPRESENTATIVES, and would not even warrant a response how is the FBI planning to formally notify Washington, DC, March 9, 2009. were they not symptomatic of what I Members of Congress and other government Mr. MICHAEL J. HEIMBACH, believe to be a larger pattern of intimi- officials of this decision? Assistant Director, Counter Terrorism Division, If FBI policy has changed with regard to dation undertaken by CAIR—intimida- Federal Bureau of Investigation, Pennsyl- tion which is of great consequence CAIR, is there any indication that this deci- vania Ave., NW, Washington DC. sion is being revisited by the new adminis- DEAR MR. HEIMBACH: I was deeply dis- given the national security matters at tration? If so, what new evidence would jus- appointed with the FBI’s response—hand-de- stake. tify a change in course? livered to my office last Friday—to my let- As my letters to the FBI indicate, I Is CAIR’s national office still in contact ter of February 2 inquiring about the Bu- was seeking to better understand the with the FBI? reau’s position on meeting with the Council The report quotes Assistant Director John Bureau’s position and access informa- on American Islamic Relations (CAIR). It Miller from the FBI Office of Public Affairs tion about what led to this decision. It took the Bureau more than a month to re- as saying: ‘‘The FBI has had to limit its for- is a conclusion which—and I agree with spond, and the letter I received provides only mal contact with CAIR field offices until my Senate colleagues—is absolutely a partial answer to one of the 10 questions I certain issues are addressed by CAIR’s na- posed. appropriate based on reports I have tional headquarters.’’ What specifically are In 1998 I authored the legislation that cre- read for years but which, again, marks the ‘‘certain issues’’ which you have raised ated the National Commission on Terrorism. a change in course for the Bureau and, with CAIR? Is there still informal contact Regrettably its recommendations were not as such, deserved further explanation. with any field offices? If so, what is the dis- implemented until after the attacks on 9/11. tinction between formal and informal and It is noteworthy that, on April 28, I take seriously the responsibility of con- why is there a distinction between field of- following my initial unsatisfactory gressional oversight, especially in matters fices? reply from the Bureau, Senator KYL re- with potential national security implica- To your knowledge, does CAIR receive fi- ceived a more substantive response tions. For six years I served as chairman of nancial contributions from foreign sources? the appropriations subcommittee with juris- from the FBI to his letter. In the letter If so, which ones and how much? diction over the FBI and count myself to Senator KYL, the Bureau was more I look forward to your timely response, among the Bureau’s strongest supporters. detailed in explaining and in validating and to working with you in the days ahead in Having resumed a leadership role this year the original news report regarding its my new role as ranking member of the House as ranking member on the Commerce-Jus- Commerce-Justice-Science Appropriations relationship with CAIR. tice-Science Appropriations subcommittee, subcommittee. The letter reads, ‘‘As you know, it is important to me that the FBI provide Best wishes. CAIR was named as an unindicted co- timely and detailed responses. And so again, Sincerely, conspirator of the Holy Land Founda- I request answers to the following straight- FRANK R. WOLF, forward questions: tion for Relief and Development in the Member of Congress. Has the FBI severed ties with CAIR? If so, United States v. Holy Land Founda- The Fox News piece, which prompted how is the FBI planning to formally notify tion, et al. my initial interest, quoted the assist- Members of Congress and other government ‘‘During that trial, evidence was in- ant director of the Office of Public Af- officials of this decision? troduced that demonstrated a relation- fairs at the Bureau as saying, ‘‘The FBI If FBI policy has changed with regard to ship among CAIR, individual CAIR has had to limit its formal contact CAIR, is there any indication that this deci- founders, including its current presi- with CAIR field offices until certain sion is being revisited by the new adminis- dent emeritus and its executive direc- tration? If so, what new evidence would jus- tor, and the Palestinian committee. issues are addressed by CAIR’s national tify a change in course? headquarters.’’ Is CAIR’s national office still in contact Evidence was also introduced that I found this statement to be vague. with the FBI? demonstrated a relationship between While perhaps sufficient from a public The FOX News report I referenced in my the Palestinian committee and Hamas, affairs vantage, I believed it to be an original letter quotes Assistant Director which was designated a terrorist orga- insufficient explanation for Members of John Miller from the FBI Office of Public Af- nization in 1995. In light of that evi- Congress, none of whom, to my knowl- fairs as saying: ‘‘The FBI has had to limit its dence, the FBI suspended all formal edge, had been informed of this policy formal contact with CAIR field offices until contacts between CAIR and the FBI. shift, and it was just that—a policy certain issues are addressed by CAIR’s na- ‘‘The FBI’s decision to suspend for- tional headquarters.’’ What specifically are shift. the ‘‘certain issues’’ which you have raised mal contacts was not intended to re- The FOX piece noted later that the with CAIR? Is there still informal contact flect a wholesale judgment of the orga- FBI has ‘‘long been close to CAIR. The with any field offices? If so, what is the dis- nization and its entire membership. agency has previously invited CAIR to tinction between formal and informal and Nevertheless, until we can resolve

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14952 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 whether there continues to be a con- Maktoum, Deputy Ruler of Dubai and UAE Arabia (KSA) in June. On June 22 the group nection between CAIR or its executives Minister of Finance and Industry, ‘‘has en- paid a courtesy call on the Embassy to dis- and Hamas, the FBI does not view dorsed a proposal to build a property in the cuss the organization’s issues and outreach strategies. In the Ambassador’s absence, CAIR as an appropriate liaison part- U.S. to serve as an endowment for CAIR.’’ DCM, PAO and MEPI Regional Director also DCM received the group, along with the PA ner.’’ participated in the meeting. Counselor and Poloff (notetaker). I submit a copy of the Bureau’s re- 2.(U) The group expressed ideas about 2.(SBU) Prior to coming to Riyadh, the sponse to Senator KYL for the RECORD. countering negative stereotypes about Mus- CAIR group visited Mecca and Jeddah. Al- U.S. DEPARTMENT OF JUSTICE, lims in the U.S. (‘‘Islamophobia’’) and ad- though they apparently were not received at FEDERAL BUREAU OF INVESTIGATION, dressing anti-Americanism in the Middle the highest levels of the SAG, the group as- Washington, DC, April 28, 2009. East. They mentioned previous meetings sured the Embassy that ‘‘King Abdullah Hon. JON KYL, with State Department officials, U/S Karen knows CAIR very well’’ and receives regular U.S. Senate, Hughes and A/S David Welch, their attend- updates on the group’s projects. After recall- Washington, DC. ance at the Secretary’s Iftar, and spoke of a ing the success of their visit to the UAE in DEAR SENATOR KYL: This responds to your possible meeting with President Bush in the May, the group predicted that they would be letter to Director Mueller dated February 24, future. back in the region by fall to visit Kuwait and 2009, regarding your interest in reports that 3.(U) Mr. Don Myers, representing Wash- Qatar. The group also mentioned that they the FBI has severed its liaison relationship ington, D.C. public relations firm Hill & had been well-received in Washington by sen- with the Council on Islamic Relations Knowlton, provided a short demonstration of ior State Department officials, including (CAIR). I apologize for the delay in respond- a PR campaign designed to support CAIR’s Secretary Rice and Undersecretary Hughes. 3.(U) The core delegation consisted of CAIR ing to your inquiry. For your information an overall organizational objectives defined as: Board Chairman Dr. Parvez Ahmed, Execu- identical letter has been sent to Senator 1) political empowerment of Muslims, 2) tive Director Nihad Awad, and Communica- Schumer and to Senator Coburn, M.D. grassroots effort by CAIR to improve com- tions Director Cary (Ibrahim) Hooper. Ac- As you know, CAIR was named as an munity relations with non-Muslims, 3) companying them were former U.S. Rep- unindicted co-conspirator of the Holy Land launching of an effective, long-term (5 year) resentative Paul Findley and Don Myers, a Foundation for Relief and Development in advertising/outreach campaign to counter former DoD official now with Hill and United States v. Holy Land Foundation et al. negative stereotypes about Muslims. Knowlton public relations. (Cr. No. 3:04–240–P (N.D.TX.). During that 4.(U) Members of the CAIR delegation in- 4.(U) During their hour-long meeting in the trial, evidence was introduced that dem- cluded: Hon. Larry Shaw, Senator (North Embassy, the group presented various onstrated a relationship among CAIR, indi- Carolina General Assembly); Hon. Paul Fin- projects that CAIR is working on to counter vidual CAIR founders (including its current dley, Former U.S. Representative; Don negative stereotypes about Muslims in the President Emeritus and its Executive Direc- Myers, Washington, D.C. public relations U.S. (‘‘Islamophobia’’), linking their work to tor) and the Palestine Committee. Evidence firm Hill & Knowlton; Nihad Awad, CAIR Ex- concern over growing anti-Americanism in was also introduced that demonstrated a re- ecutive Director and Co-Founder; Cary the Middle East. One of the current CAIR lationship between the Palestine Committee (Ibrahim) Hooper, CAIR Communication Di- projects they discussed was the presentation and HAMAS, which was designated as a ter- rector and Co-Founder; Dr. Parvez Ahmed, of ‘‘accurate books about Islam’’ to schools rorist organization in 1995. In light of that CAIR Board Chairman; and Dr. Nabil and libraries in the U.S. evidence, the FBI suspended all formal con- Sadoun, CAIR Board Member. 5.(SBU) Mr. Don Myers, representing Hill tacts between CAIR and the FBI. 5.(U) CAIR delegation also paid a call ear- and Knowlton, gave a short demonstration of The FBI’s decision to suspend formal con- lier in the day on Sheikh Sultan bin Muham- a CAIR-funded media campaign to support tacts was not intended to reflect a wholesale mad al-Qassimi, Ruler of Sharjah, which was CAIR’s overall information outreach effort. judgment of the organization and its entire covered in the press. According to Myers, this private campaign membership. Nevertheless, until we can re- 6.(U) Sheikh Ali al-Hashemi, UAE Presi- will emphasize both grassroots outreach to solve whether there continues to be a con- dential Adviser on Islamic affairs, is hosting improve American non-Muslim under- nection between CAIR or its executives and a reception at his house this evening, May standing of Muslims and the encouragement HAMAS, the FBI does not view CAIR as an 22, in honor of the CAIR group; Ambassador of political engagement by American Mus- appropriate liaison partner. It is important and PolOff to attend. Al-Hashemi also lims. The multi-year broadcast and print to note, however, that although the FBI has thanked the Ambassador for receiving the campaign is to be entitled ‘‘Let the Con- suspended all formal outreach activities CAIR delegation. versation Begin’’ and is aimed at countering with CAIR at this time, CAIR, its officers, 7.(SBU) Comment: CAIR Executive Direc- negative stereotypes about Muslims within and members have been encouraged to report tor Nihad Awad told us that while they were the broad American public. any hate crime, violation of federal civil pleased with the results of the meeting with 6.(SBU) One admitted reason for the rights or suspicious activity to the FBI. Sheikh Hamdan bin Rashid, they had no con- group’s current visit to the KSA was to so- The FBI made its own decision vis-a-vis crete information on the size of the endow- licit $50 million in governmental and non- outreach activities with this particular ment or when it might be forthcoming. Awad governmental contributions. PA Counselor group. Any questions regarding broader exec- also mentioned that the Bin Hamoodah noted that private outreach activities can utive branch outreach activities would be Group, a $500 million/year trading company, provide valuable support to USG efforts to better answered by the Administration. founded by three Emirati brothers and rep- build mutual understanding overseas but Please do not hesitate to contact my office resenting Halliburton, IBM, FMC Corpora- cautioned that USG Public Diplomacy (PD) if we may be of additional assistance. tion and General Motors, is CAIR’s main funds cannot be used or associated with ef- Sincerely yours, benefactor in the UAE. One newly-rich stock forts to target American audiences. The del- RICHARD C. POWERS, trader, Talal Khoori (UAE national of Ira- egation was interested to hear of the Embas- Assistant Director, Office of nian origin), is believed to have donated one sy’s PD exchange and activities within the Congressional Affairs. million dollars to CAIR. KSA and offered to help support them in any Sison. appropriate way. The group did not share, R 221435Z MAY 06 P 281502Z JUN 06 however, any details of their success or lack FM AMEMBASSY ABU DHABI FM AMEMBASSY RIYADH thereof in fundraising within the KSA. TO SECSTATE WASHDC 5272 TO SECSTATE WASHDC PRIORITY 9065 Oberwetter. INFO AMCONSUL DUBAI INFO GULF COOPERATION COUNCIL COL- LECTIVE AMERICAN MUSLIMS COMMEND FBI FOR UNCLAS ABU DHABI 002127 AMCONSUL JEDDAH REJECTION OF CAIR SENSITIVE Thirty years have passed since the Iranian FOR NEA/ARP, NEA/PPD; INFO NEA/FO, R UNCLAS RIYADH 005172 SENSITIVE revolution and 29 years since the first E.O. 12958: N/A Islamist murder in the U.S.—that of ‘Ali TAGS: KISL, SOCI, PHUM, PGOV, KDEM, E.O. 12958: N/A Akbar Tabataba’i in a Washington, D.C., sub- AE TAGS: SCUL, KDEM, KISL, PGOV, PHUM, urb. More than seven years ago, America re- SUBJECT: VISIT BY COUNCIL ON AMER- SOCI, SA ceived a wake-up call, on September 11, 2001, ICAN ISLAMIC RELATIONS (CAIR) TO SUBJECT: VISIT BY COUNCIL ON AMER- about radical Islam. However UAE ICAN ISLAMIC RELATIONS straightforwardly evil these events, they left 1.(U) On May 21, the Council on American (CAIR) TO SAUDI ARABIA U.S. authorities mostly baffled by extremism Islamic Relations (CAIR) paid a courtesy REF: ABU DHABI 2127 among American Muslims. call on the Ambassador to discuss the orga- 1.(U) Following up on a similar visit to the One disturbing example of this confusion nization’s issues, outreach strategies, and its UAE in May (reftel), a delegation from the has involved the Federal Bureau of Inves- visit to the CAE. The UAE press has reported U.S.-based Council on American Islamic Re- tigation and the Council on American-Is- that Sheikh Hamdan bin Rashid al- lations (CAIR) visited the Kingdom of Saudi lamic Relations (CAIR).

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14953 Almost from CAIR’S founding in 1994, the Stephen Suleyman Schwartz, Executive one that should be undertaken, but FBI has worked with the organization, which Director, Center for Islamic Pluralism; that struggle should not be based on successfully presented itself as the ‘‘Muslim [email protected]; stereotypes, false assumptions or the NAACP,’’ letting CAIR train bureau per- Dr. Jalal Zuberi, Southern U.S. Director, political agendas of foreign govern- sonnel and serve as a liaison to the American Center for Islamic Pluralism. Muslim community. CAIR concentrated on ments. If the past is any indication, all I plan to take the remainder of my or most of these new provisions will be terror-related law enforcement such as sensi- time to explore many of these same tivity in investigating extremist suspects used to target Muslims in this country and allegations of profiling. concerns and talk about why every- and worldwide. It is American Muslim Now, at last, the FBI–CAIR relationship thing I’ve read, studied and observed groups whose fund-raising will be re- has changed. has led me to believe that the Bureau’s stricted. It is Muslim students who will In a letter dated March 9, 2009, FBI Assist- decision is not only defensible but ad- be monitored.’’ ant Director John Miller wrote to U.S. Rep. visable and that it ought to, in fact, in- Indeed, the FBI has restricted the Frank R. Wolf (R–Va) confirming that the form the actions of other public offi- bureau has ‘‘suspended any formal engage- fund-raising of some Muslim groups, cials, policymakers and the press, but only when those organizations ment with Council on American-Islamic Re- many of whom consistently—and I lations (CAIR) field offices around the coun- have been found to be a cover for ter- try.’’ He explained that this adjustment would argue mistakenly—look to CAIR rorist financing, as was true most no- ‘‘comes in part as a result of evidence gath- to speak for mainstream Muslim Amer- tably with the Holy Land Foundation. ered through FBI investigation and pre- icans. When the Holy Land Foundation was sented in connection with the Holy Land Zhudi Jasser, himself a Muslim and shuttered 3 months after 9/11, CAIR Foundation trial. CAIR was listed as an president of the Islamic Forum for De- warned in a December 4, 2001, press re- unindicted co-conspirator in that case.’’ mocracy, makes a critical distinction Miller referred to the Holy Land Founda- lease that this was an ‘‘unjust and between ‘‘Islam’’ and ‘‘Islamism.’’ counterproductive move that can only tion, or HLF, having been convicted of terror ‘‘Islam’’ is, of course, a faith which has financing in November 2008. damage America’s credibility with CAIR and its allies in the ‘‘Wahhabi lobby’’ an estimated worldwide following of Muslims in this country and around reacted aggressively to the FBI’s decision to over 1 billion people. ‘‘Islamism,’’ how- the world and could create the impres- distance itself from CAIR. Ten extremist ever, according to Mr. Jasser, is ‘‘a co- sion that there has been a shift from a Muslim groups announced on March 17, 2009, ercive governmental and political con- war on terrorism to an attack on that they are ‘‘considering suspending out- struct that seeks to impose shar’ia— Islam.’’ This purported ‘‘attack on reach relations with the FBI’’ based on Islam jurisprudence—upon society.’’ vague claims that ‘‘American mosques and Islam’’ proved to be baseless in the face In 2007, in the publication Family Se- of the Holy Land Foundation verdicts. Muslim groups have been targeted.’’ CAIR’s curity Matters, Jasser wrote that CAIR supporters included American Muslims for A November 25, 2008, Department of Palestine, the Islamic Circle of North Amer- uses ‘‘the protection of religion when Justice press release following the ini- ica, and the Muslim Students Association, as the facts are not on their side. They tial verdicts in the foundation case well as the leading pro-Iranian Muslim ele- use the discourse of politics when they quotes Patrick Rowan, Assistant At- ment in America, the Islamic Educational want to push forth their Islamist agen- torney General for National Security. Center of Orange County, Ca. da with the presumption of speaking He says, ‘‘For many years, the Holy We, the undersigned American Muslims, for all Muslims. They will delve into have long known the true character of CAIR Land Foundation used the guise of the political only on their own terms charity to raise and funnel millions of and its allies. Therefore: in both foreign and domestic policy, We observe that they denounce ‘‘ter- dollars to the infrastructure of the rorism’’ in general terms but not the specific but when they are on the receiving end Hamas terrorist organization. This actions of Islamist groups like Hamas or of political criticism, they run for prosecution demonstrates our resolve Hezbollah. They denounce violence but not cover under the guise of victimiza- to ensure that humanitarian relief ef- the ideologies behind it. tion.’’ A dispassionate look at CAIR’s forts are not used as a mechanism to We observe their commitment to radical public posture shows that Mr. Jasser’s disguise and enable support for ter- aims, their attempts to chill free speech by observations ring true. calling critics of radical Islam rorist groups.’’ In 1998, I authored the legislation As I noted earlier, CAIR was named ‘‘Islamophobes,’’ and their false, ugly accu- that created the National Commission sations against moderate American Muslims as an unindicted coconspirator in the who disagree with their agenda. on Terrorism. That same year, in Holy Land Foundation case, which We reject any claim that CAIR and its sup- CAIR’s own words from a press release, makes its cautionary word about the porters are legitimate civil liberties advo- it ‘‘asked Muslims to contact leaders of ‘‘injustice’’ of closing the ‘‘charity’’ cates or appropriate partners between the a House-Senate conference committee suspect. U.S. government and American Muslims. and urge them to amend or eliminate In a Federal court filing from Decem- We congratulate the FBI for adopting a new legislation that would create a Na- firmer attitude toward CAIR, as a defense of ber 2007, Federal prosecutors described tional Commission on Terrorism.’’ This CAIR as ‘‘having conspired with other Americans of all faiths from the menace of was a misguided lobbying effort at radical Islam, including Muslims of all back- affiliates of the Muslim Brotherhood to grounds—Sunni, Shia, Sufi, secular, etc. best. Fortunately, it was unsuccessful, support terrorists.’’ The government We call on the U.S. Department of Justice and the bipartisan commission was au- also stated ‘‘proof that the conspira- to affirm and continue this decision. thorized to conduct its work. tors used deception to conceal from the We call on the entire United States govern- A Congressional Research Service re- American public their connections to ment to follow suit in rejecting relations port described the main finding of the terrorists was introduced’’ in the Holy with the Council on American-Islamic Rela- commission this way: ‘‘It calls on the Land Foundation trial. tions. U.S. Government to prepare more ac- Dr. Kemal Silay, President, Center for Is- tively to prevent and deal with a future b 1330 lamic Pluralism, www.islamicpluralism.org; Supna Zaidi, Assistant Director, Islamist mass casualty, catastrophic terrorist In a footnote, government prosecu- Watch, www.islamist-watch.org; attack.’’ Regrettably, the commis- tors pointed out: ‘‘From its founding M. Zuhdi Jasser, American Islamic Forum sion’s recommendations, sent to Con- by Muslim Brotherhood leaders, CAIR for Democracy, www.aifdemocracy.org; gress in June 2000, were generally ig- conspired with other affiliates of the Imaad Malik, Fellow, Center for Islamic nored until after the attacks of Sep- Muslim Brotherhood to support terror- Pluralism; tember 11, 2001, when 3,000 people were ists.’’ Dr. Ahmed Subhy Mansour, International killed, including 30 from my congres- Further, according to Senate testi- Quranic Center, www.ahl-alquran.com; sional district. mony, CAIR received a $5,000 donation Khalim Massoud, [email protected]; Nawab Agha Mousvi, American Muslim Following the commission’s public for the Holy Land Foundation. Ini- Congress and Center for Islamic Pluralism; report, CAIR’s executive director, tially, in written testimony submitted Kiran Sayyed, Council for Democracy and Nihad Awad, said in a June 4 press re- September 10, 2003, to the Senate Sub- Tolerance, http://cfdnt.com/; lease, ‘‘The fight against terrorism is committee on Terrorism, Technology

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14954 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 and Homeland Security, CAIR denied Awad and Omar Ahmad were top offi- way: ‘‘At the gate before boarding, that this was the case. Specifically, cers in the Islamic Association for Pal- they angrily cursed the U.S. Then they Mr. Awad said claims to the contrary estine. Former FBI counterterrorism bowed to Mecca and prayed ‘very loud’ were ‘‘an outright lie. Our organization chief Oliver ‘‘Buck’’ Revell called shouting ‘Allah Allah, Allah’ according did not receive any seed money from Awad’s former employer, the Islamic to the gate agent and another witness. the’’ Holy Land Foundation. But when Association for Palestine, ‘‘a front or- On the plane, they didn’t take their as- confronted with the IRS form on which ganization for Hamas that engages in signed seats and instead fanned out to the Holy Land Foundation disclosed propaganda for Islamic militants.’’ the front, the middle, and the rear of the contribution, Mr. Awad changed A September 24, 2001, L.A. Times the plane. . . . Some ran back and his position in supplemental testimony story described the connection between forth speaking to each other in Arabic. submitted to the subcommittee saying the Islamic Association of Palestine Adding to suspicions, most of them that the amount in question was a do- and the Holy Land Foundation this asked for seatbelt extensions even nation like any other. way: ‘‘The IAP and the Holy Land were though they didn’t need them—or even CAIR ultimately filed an amicus founded and funded by Mousa abu use them. brief seeking removal from the list of Marzook. . . . He’s also the political ‘‘Following the incident, the imams unindicted coconspirators in the Holy leader of the terrorist group Hamas.’’ and CAIR filed a lawsuit against US Land Foundation case. In September of Andrew McCarthy, a formal Federal Airways, the Minneapolis-St. Paul 2007, prosecutors made several argu- prosecutor who led the 1995 prosecution Metropolitan Airports Commission and ments in favor of maintaining CAIR against Sheik Omar Abdel Rahman, ‘John Doe’ passengers,’’ meaning the status, saying: ‘‘CAIR has been identi- the ‘‘blind sheik’’ who was found guilty passengers on the plane. fied by the government at trial as a of planning the 1993 World Trade Cen- Omar Mohammedi, the New York at- participant in an ongoing and ulti- ter bombing, in a National Review arti- torney who represented the imams, was mately unlawful conspiracy to support cle notes that there are ‘‘several per- a former president for the board of di- a designated terrorist organization, a sons connected to CAIR who have been rectors for CAIR, New York. The suit conspiracy from which CAIR never convicted of Federal felonies including charged that the John Doe passengers withdrew.’’ terrorism.’’ ‘‘may have made false reports against The Holy Land Foundation trial re- McCarthy includes in the group plaintiffs solely with the intent to dis- vealed more about CAIR than simply Ghassan Elashi, one of the founding criminate against them on the basis of its ties to that particular entity. Rath- members of CAIR’s Dallas-area chap- their race, religion, ethnicity and na- er, the trial brought to light, in the ter, and also co-founder and former tional origin.’’ public square, the genesis of the orga- chairman of the Holy Land Founda- CAIR subsequently called on the De- nization. According to an October 14, tion. According to July 9, 2007, Dallas partment of Justice to investigate vio- 2008, Dallas Morning News story: ‘‘Tes- Morning News report, Elashi was sen- lations of civil liberties for the six reli- timony has suggested that CAIR’s tenced to ‘‘nearly 7 years in prison for gious leaders taken off the plane. founder Omar Ahmad and it’s current doing business with a terrorist and vio- The then-president of the Becket executive director, Nihad Awad, par- lating export laws.’’ In a 1994 forum Fund for Religious Liberty, a Wash- ticipated in a 1993 meeting of purported discussion videotaped at Barry Univer- ington, DC public interest-based law Hamas sympathizers. Some Holy Land sity, CAIR’s Mr. Awad said, ‘‘I’m in firm protecting the free expression of defendants attended the Philadelphia support of the Hamas movement.’’ all religious traditions, wrote the fol- meeting, bugged by the FBI.’’ A day later, the Dallas Morning News CAIR has subsequently sought to dis- lowing letter to CAIR regarding suit reported that FBI special agent Lara credit his video on his Web site by say- against the John Doe passengers: Burns testified during the Holy Land ing this quote was in response to a spe- ‘‘This is a first for us. We have never Foundation case that CAIR ‘‘was cific question and that Hamas was only opposed someone else’s claim for reli- formed in the aftermath of a 1993 meet- designated a ‘‘foreign terrorist organi- gious discrimination but this tactic of ing by Palestinian activists in America zation,’’ in January 1995 and did not threatening suit against ordinary citi- who brainstormed ways to spread pro- commit its first wave of suicide bomb- zens is so far beyond the traditions of Hamas messages here without attract- ings until late 1994 after Mr. Awad civil rights litigation in the United ing too much attention.’’ made the comment. It is noteworthy States that we must oppose it to de- A Department of Justice press re- that Hamas’ 1988 covenant describes fend the good name of religious liberty lease issued on November 24, 2008, when itself as ‘‘one of the wings in the Mus- itself.’’ the Holy Land Foundation verdicts lim Brotherhood in Palestine’’ and says It is noteworthy that the Becket came down: ‘‘The government case in- that ‘‘the day of judgment will not Fund has successfully argued cases for cluded testimony that in the early come about until Muslims fight Jews Muslims including securing a place for 1990s, Hamas’ parent organization, the and kill them.’’ Muslim public school students in Texas Muslim Brotherhood, planned to estab- CAIR’s defense and Mr. Awad’s quote to pray. In March of 2007, the Arizona lish a network of organizations in the based simply on chronology is wanting Republic called the suit against ordi- U.S. to spread a militant Islamist mes- in light of Hamas’ founding principles nary citizens ‘‘intimidation by law- sage and to raise money for Hamas. which clearly embrace violence. As the suit.’’ On April 9, 2007, the San Fran- . . . HLF became the chief fundraising Washington Post’s Richard Cohen cisco Chronicle reported that CAIR’s arm for the Palestine Committee in wrote in April of 2009: ‘‘Read the Ibrahim Hooper had a notably different the U.S. created by the Muslim Broth- Hamas charter. It is not some uplifting take: ‘‘It is wrongheaded for observers erhood to support Hamas. According to cry of a downtrodden people seeking its to be suspicious of innocent behavior. a wiretap of a 1993 Palestine Com- freedom but a repellant anti-Semitic Praying or asking for a seatbelt exten- mittee meeting in Philadelphia, former screed.’’ sion—simply because a Muslim ‘That Holy Land Foundation President and CAIR’s mission statement focuses on Muslim is wearing a tie,’ Hooper CEO Shukri Abu Baker spoke about protecting the civil rights of Muslims scoffed. ‘He can take it off and strangle playing down Hamas’ ties in order to in America and on improving Islam’s someone.’ ’’ keep raising money in the U.S. An- image. But CAIR’s action under the The U.S. Department of Transpor- other wiretapped phone call included umbrella of civil rights raises trou- tation conducted an investigation fol- Abdulrahman Odeh, Holy Land Foun- bling questions. lowing the passenger complaints and dation’s New Jersey representative, re- In November 2006, US Airways re- found that US Airways did not dis- ferring to a suicide bombing as ‘a beau- moved six imams from a flight fol- criminate against the six imams when tiful operation.’ ’’ lowing passenger reports of unusual be- it removed them. In a letter to CAIR’s According to a National Review arti- havior. An Investor’s Business Daily acting legal director, the assistant gen- cle in the pre-CAIR days, both Nihad piece described the imams’ action this eral counsel for Aviation Enforcement

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14955 and Proceedings wrote the following: with Holy Land Foundation, there is mitted to the hard work of rehabilita- ‘‘We find the decision to remove the much that is unclear as to whether and tion, in part because he hoped to go imams from the aircraft was based on to what degree CAIR is receiving con- back to Iraq. He was a patriot of the information available to the captain at tributions from foreign governments. sort that ought to give us pause and the time and was reasonable . . . it ap- In a March 2007 interview with the Chi- ought to make us proud. pears that the captain decided to re- cago Tribune, Ahmed Rehab, CAIR-Chi- I want to be absolutely clear that move the imams because of security cago’s executive director, said, ‘‘Nei- concerns I have with CAIR are specific concerns as a result of the sum of the ther CAIR chapters nor the national of- to the organization and not to the Mus- imams’ actual and perceived behavior, fice solicits or accepts money from any lim faith. Even a passing glance at my not their race or ethnicity. The fact foreign government.’’ record in Congress should put any that the captain’s concerns were not A January 2007 open letter on CAIR’s thought to the contrary to rest. borne out in hindsight does not make Web site says they are ‘‘proud to re- In Sudan, Chechnya, China, Bosnia, the action that he took discrimina- ceive support of every individual, and Kosovo, I have spoken out in de- tory.’’ whether Muslim, Christian, Jewish, or fense of people of the Muslim faith. I CAIR’s approach in this case was not of another faith background, who sup- have been to Sudan five times, includ- simply an inconvenience. Rather, it ports the mission of promoting justice ing leading the first congressional dele- had potential security implications as and mutual understanding as long as gation to Darfur, where nearly all the well. Airports nationwide implore trav- they are not an official of any foreign victims of the genocide are Muslim. elers to report suspicious activities. government and there are no strings I was the only Member of Congress to Signs on major highways, bridges and attached to the request.’’ visit Chechnya during the fighting in tunnels throughout America do the Yet in a sensitive, but unclassified, 1995. When I returned, I condemned the same. New York Metropolitan Transit May 2006 State Department cable violence against the Chechen people, Authority introduced an ad campaign which was brought to my attention, most of whom were Muslim, and called which has been adopted by municipali- U.S. embassy staff in Abu Dhabi cabled for a cease-fire. ties around the country as part of their that the UAE press was reporting that I was one of the only Members to own anti-terrorism campaign. The ad ‘‘Sheikh Hamdan bin Rashid al- visit Muslim men in a Serb-run pris- features the following admonition: if Maktoum, deputy ruler of Dubai and oner of war camp in Bosnia, where I you see something, say something. UAE Minister of Finance and Industry saw evidence of a modern-day Holo- But CAIR would have had Americans has ‘endorsed a proposal to build a caust taking place. And very early on, thinking, If you see something, think property in the U.S. to serve as an en- I began speaking out against the ethnic twice before you say something, lest dowment for CAIR.’’’ cleansing and the culture of genocide you get mired in a lawsuit. USA Today against the Bosnian people. I spoke out b 1345 editorialized in the days following the in favor of lifting the arms embargo imams’ suit and said: ‘‘This legal tactic In another sensitive, but unclassified, against Bosnia so that the Muslim Bos- seems designed to intimidate pas- June 2006 State Department cable, U.S. nian Government could defend itself. I sengers willing to do exactly what au- Embassy staff in Saudi Arabia reported have visited Kosovo five times, and I thorities have requested—say some- the following after meeting with a voted and spoke out on the floor to ap- thing about suspicious activity.’’ The CAIR delegation. The cable said, ‘‘One prove the bombing campaign to stop paper went on to report that ‘‘the admitted reason for the group’s current the Serbian atrocities against Muslims imams want to know the names of an visit to the KSA (Kingdom of Saudi in Kosovo. elderly couple who turned around to Arabia) was to solicit $50 million in I was one of the first Members to watch and then made cell phone calls governmental and nongovernmental raise concerns about the persecution of presumably to authorities.’’ contributions.’’ I submit both cables Muslims in China, and continue to In a response to the incident at the for the RECORD. speak out when few others do. Minneapolis Airport, Congressman According to the June 2006 cable, Further, I was the author of the PETER KING, the ranking member on ‘‘The core delegation consisted of CAIR International Religious Freedom Act the House Homeland Security Com- Board Chairman Dr. Parez Ahmed, Ex- which created the U.S. Commission on mittee, and Congressman Steve Pearce ecutive Director Nihad Awad, and Com- International Religious Freedom as first moved to provide immunity to munications Director Cary (Ibrahim) well as the International Religious those on public transportation who re- Hooper.’’ On an MSNBC talk show with port suspicious activity through a re- Freedom Office at the State Depart- Tucker Carlson in September 2006, just committal motion to the Rail and Pub- ment. Central to the act was the asser- 3 months after the trip, Ibrahim Hoo- lic Transportation Security Act of 2007, tion that ‘‘freedom of religious beliefs per claimed, ‘‘To my knowledge, we which the House overwhelmingly and practices is a universal human don’t take money from the Govern- passed in March 2007 by a vote of 304– right and fundamental freedom.’’ The ment of Saudi Arabia.’’ 121. legislation, and ultimately the offices Later in the 110th Congress, despite I want to make it clear that it is im- it created, strengthens the United CAIR’s public lobbying effort, Mr. KING portant to understand that American States’ advocacy on behalf of individ- and Senator JOE LIEBERMAN were suc- Muslims, like all Americans, are enti- uals persecuted in foreign countries on cessful in adding a section to the 9/11 tled to organize, advocate, and engage account of religion, which, of course, Commission Implementation Act, Pub- in the political process; such are the includes persecuted Muslims. lic Law 11053, which provides legal im- makings of a vibrant democracy. They America is an imperfect Nation, but munity to individuals who report ter- have taken advantage of the oppor- a great Nation, a ‘‘shining city on a rorists or suspicious activity which tunity America provides for every hill’’ as described by our Founders, a they see on trains or planes to law en- background. They are teachers, doc- beacon of hope for persecuted and op- forcement. tors, policemen, they are mothers and pressed people. For centuries, the In what has become a familiar re- fathers and neighbors. ‘‘huddled masses’’ depicted in the frain, Nihad Awad, on FOX News, I am reminded of a young Pakistani iconic poem at the base of the Statue March 31, 2007, said that PETER KING’s American who is Muslim that I had the of Liberty have arrived on these shores legislative efforts were encouraging privilege of meeting during one of my seeking a better life for themselves and Islamophobia. In fact, the bill language visits to Walter Reed Hospital. I met their families. had the potential to encourage other him when he was in the midst of his My grandparents immigrated to John Does who encounter suspicious physical therapy, therapy that was America from Germany. My father activity to report it to authorities. necessary because he had lost both legs served in World War II. Part of the rea- CAIR’s funding is also a source of in- while in combat in Iraq. Despite his son he did so was that he felt a need to terest. Apart from the financial link tremendous sacrifice, he was com- show that his loyalty was to America.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14956 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Even though my grandparents were And given the dangerous world in date Shaykh Kabbani into retracting both native German speakers, when which we live today, any attempt to his statements only goes to prove the World War I broke out, my grand- literally silence honest discourse about unwillingness to tolerate differences of mother decided from that day forward the nature of the threats facing our opinion and belief, as well as the extent only English would be spoken in their country is intolerable and must be ad- to which they would go to silence the home. dressed. voice of opposition.’’ I share this bit of personal history to I stand today with other elected offi- Or consider the testimony of Zeyno illustrate that I am sensitive to the cials who have raised questions about Baran, a prominent Turkish American challenges facing new immigrants, es- CAIR. Senator SCHUMER describes scholar who is presently a senior fellow pecially during times of war. There CAIR as an organization ‘‘which we at the Hudson Institute. In July of 2008, have been instances in our Nation’s know has ties to terrorism.’’ Demo- speaking before the Senate Committee history, especially when our country cratic Senator DICK DURBIN has said on Homeland Security and Govern- has been under attack, where the civil that CAIR is ‘‘unusual in its extreme mental Affairs, she stated that she be- liberties of certain groups of people rhetoric and its association with lieved CAIR ‘‘was created by the Mus- have been violated because other peo- groups that are suspect.’’ lim Brotherhood to influence the U.S. ple were afraid. This is inexcusable. Democratic Senator BARBARA BOXER Government, Congress, and NGOs, But this is the exception, not the rule. withdrew an award she gave to an offi- along with academic and media Our experiment in self-governance cial at a local CAIR chapter because groups’’ and lamented that, ‘‘despite has been marked by an unwavering she ‘‘had concerns about statements by being founded by leading Islamists, commitment to basic freedoms for all some CAIR officials and about claims CAIR has successfully portrayed itself people, among them the right to wor- of financial links to terrorism.’’ And as a mainstream Muslim organization ship according to the dictates of your other Senators, including Republicans over the past 15 years and has been conscience. Many American Muslims JON KYL and TOM COBURN, have voiced treated as such by many U.S. Govern- left countries where such freedom is support for the FBI’s actions in sev- ment officials.’’ unimaginable; however, in a pluralistic ering ties with CAIR. Or most recently, an April 2009 adver- society like ours, these principles are I stand today with counterterrorism tisement in Weekly Standard authored paramount. To silence or otherwise re- experts, including Steven Pomerantz, by ‘‘American Muslims,’’ applauded the press people of faith is inimical to the the FBI’s former chief of counterter- FBI for rejecting CAIR. The signatories American way. In a public discourse, to rorism, who has stated, ‘‘CAIR, its included representatives of six dif- accuse someone of religious bigotry or leaders, and its activities effectively ferent organizations, and I submit a intolerance is a sure way to stifle de- give aid to international terrorist copy of the ad for the RECORD. The sig- bate. groups.’’ natories wrote, ‘‘We observe that they On October 4, 2008, the editorial page And perhaps most importantly, I editor of The Columbus Dispatch spoke (CAIR) denounce ‘terrorism’ in general stand with thousands of American terms, but not the specific actions of to CAIR’s bent toward accusation as a Muslims for whom CAIR does not means of muzzling debate. They said, Islamic groups like Hamas or speak. In June, 2007, the Washington Hezbollah. They denounce violence, but ‘‘For many years, CAIR has waged a Times published a report which ana- campaign to intimidate and silence not the ideologies behind it.’’ Further, lyzed CAIR’s tax documents and found anyone who raises alarms about the the group acknowledged CAIR’s ‘‘at- that CAIR’s membership has declined dangers of Islamic extremism. CAIR’s tempts to chill free speech by calling by 90 percent since 9/11. Zuhdi Jasser of rationale is that discussions of Islamic critics of radical Islam the American Islamic Forum for De- extremism lead to animosity not just ‘Islamophobes.’ ’’ mocracy was quoted in the article as toward those who twist Islam into a Finally, I would like to close my saying, ‘‘This is the untold story in the justification for terrorism, but toward speech by recognizing the men and myth that CAIR represents the Amer- all who practice Islam. women of the FBI and the hard work ‘‘CAIR’s concern is understandable, ican Muslim population. They only rep- they do every day to keep this country but its response is unreasonable.’’ They resent their membership and donors.’’ safe, and to restate the FBI’s own went on to say, ‘‘The group acts prop- In 1999, the Islamic Supreme Council words, ‘‘Until we can resolve whether erly when it hammers home the point of America, ISCA, issued an open letter there continues to be a connection be- that only a small number of Muslims to all Muslims after Shaykh Kabbani, tween CAIR or its executives and support religiously motivated violence, Chairman of the ISCA, spoke at a State Hamas, the FBI does not view CAIR as and that targeting law-abiding Mus- Department open forum on Islamic ex- an appropriate liaison partner.’’ lims is wrong. Where CAIR errs is in la- tremism and subsequently came under I completely agree. beling anyone who discusses Islamic public attack by several organizations, R 221435Z MAY 06 terrorism a bigot and hatemonger, an including CAIR. In the open letter, FM AMEMBASSY ABU DHABI Islamophobe, to use CAIR’s favorite ISCA says the organizations attacking TO SECSTATE WASHDC 5272 slur.’’ Ironically, some of CAIR’s most Kabbani, among them CAIR, ‘‘have not INFO AMCONSUL DUBAI pointed attacks have in fact been quoted a single statement of Shaykh UNCLAS ABU DHABI 002127 aimed at other Muslims who dare to Kabbani in full or in context. More- SENSITIVE FOR NEA/ARP, NEA/PPD; INFO NEA/FO, R have differing views. over, the statements were augmented In a 2006 Philadelphia Inquirer piece, with emotionally charged words like E.O. 12958: N/A CAIR’s Hooper is quoted as saying ‘promoted and generalized an allega- TAGS: KISL, SOCI, PHUM, PGOV, KDEM, tion,’ ‘outrageous statements,’ and AE Zuhdi Jasser, President of the Amer- SUBJECT: VISIT BY COUNCIL ON AMER- ican Islamic Forum for Democracy, ‘Islamophobic,’ thereby thwarting his ICAN ISLAMIC RELATIONS who has been critical of CAIR, was original intention and message.’’ The (CAIR) TO UAE ‘‘providing others with an opportunity letter goes on to say, ‘‘In their action 1.(U) On May 21, the Council on American to advance an agenda that is hostile to alerts, CAIR has a chronic tendency to Islamic Relations (CAIR) paid a courtesy the American Muslim community.’’ negatively juxtapose Islam and Ameri- call on the Ambassador to discuss the orga- Given CAIR’s genesis, its associa- cans.’’ nization’s issues, outreach strategies, and its tions with known terrorist entities and Consider, too, the words of Dr. visit to the UAE. The UAE press has re- individuals, and its tactics—namely, Hedieh Mirahmadi, then general sec- ported that Sheikh Hamdan bin Rashid al- retary of the Islamic Supreme Council Maktoum, Deputy Ruler of Dubai and UAE attempting to discredit anyone who Minister of Finance and Industry, ‘‘has en- dares to speak out against its organiza- of America, quoted in a 1999 ISCA press dorsed a proposal to build a property in the tion—their cries of victimization and release following this same incident. U.S. to serve as an endowment for CAIR.’’ accusations of religious bigotry appear She remarked, ‘‘The carefully orches- DCM, PAO and MEPI Regional Director also disingenuous. trated and calculated plot to intimi- participated in the meeting.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14957 2.(U) The group expressed ideas about 2.(SBU) Prior to coming to Riyadh, the quested by the new President of the countering negative stereotypes about Mus- CAIR group visited Mecca and Jeddah. Al- United States, about $789 billion. And lims in the U.S. (‘‘Islamophobia’’) and ad- though they apparently were not received at whether you agreed with that legisla- dressing anti-Americanism in the Middle the highest levels of the SAG, the group as- tion or not, during its path through the East. They mentioned previous meetings sured the Embassy that ‘‘King Abdullah with State Department officials, U/S Karen knows CAIR very well’’ and receives regular legislative process there was great con- Hughes and A/S David Welch, their attend- updates on the group’s projects. After recall- cern—and continues to be great con- ance at the Secretary’s Iftar, and spoke of a ing the success of their visit to the UAE in cern; I heard one of my colleagues give possible meeting with President Bush in the May, the group predicted that they would be a Special Order this afternoon about future. back in the region by fall to visit Kuwait and the bonuses, the millions of dollars of 3.(U) Mr. Don Myers, representing Wash- Qatar. The group also mentioned that they bonuses that are being paid to execu- ington, D.C. public relations firm Hill & had been well-received in Washington by sen- Knowlton, provided a short demonstration of tives on Wall Street, executives who ior State Department officials, including work for companies who, in some in- a PR campaign designed to support CAIR’s Secretary Rice and Undersecretary Hughes. overall organizational objectives defined as: 3.(U) The core delegation consisted of CAIR stances, have led to the mess we find 1) political empowerment of Muslims, 2) Board Chairman Dr. Parvez Ahmed, Execu- ourselves in financially. grassroots effort by CAIR to improve com- tive Director Nihad Awad, and Communica- When the stimulus bill was being munity relations with non-Muslims, 3) tions Director Cary (Ibrahim) Hooper. Ac- crafted over in the other body, the launching of an effective, long-term (5 year) companying them were former U.S. Rep- United States Senate, two Senators— advertising/outreach campaign to counter resentative Paul Findley and Don Myers, a one Republican and one Democrat, the negative stereotypes about Muslims. former DoD official now with Hill and Republican is OLYMPIA SNOWE of 4.(U) Members of the CAIR delegation in- Knowlton public relations. cluded: Hon. Larry Shaw, Senator (North 4.(U) During their hour-long meeting in the Maine, the Democrat is RON WYDEN of Carolina General Assembly); Hon. Paul Fin- Embassy, the group presented various Oregon—they crafted language that dley, Former U.S. Representative; Don projects that CAIR is working on to counter would have put strings on, would have Myers, Washington, D.C. public relations negative stereotypes about Muslims in the said maybe when things aren’t going so firm Hill & Knowlton; Nihad Awad, CAIR Ex- U.S. (‘‘Islamophobia’’), linking their work to good and we’re giving billions of dol- ecutive Director and Co-Founder; Cary concern over growing anti-Americanism in lars of taxpayer money to these Wall (Ibrahim) Hooper, CAIR Communication Di- the Middle East. One of the current CAIR rector and Co-Founder; Dr. Parvez Ahmed, Street firms, maybe we should have projects they discussed was the presentation some conditions under which the bo- CAIR Board Chairman; and Dr. Nabil of ‘‘accurate books about Islam’’ to schools Sadoun, CAIR Board Member. and libraries in the U.S. nuses are paid and how they’re paid 5.(U) CAIR delegation also paid a call ear- 5.(SBU) Mr. Don Myers, representing Hill and how much they can get. But then a lier in the day on Sheikh Sultan bin Muham- and Knowlton, gave a short demonstration of funny thing happened. The House mad al-Qassimi, Ruler of Sharjah, which was a CAIR-funded media campaign to support passed its version, the Senate passed covered in the press. CAIR’s overall information outreach effort. 6.(U) Sheikh Ali al-Hashemi, UAE Presi- its version. Madam Speaker, you know According to Myers, this private campaign dential Adviser on Islamic affairs, is hosting that when we have bills that pass each will emphasize both grassroots outreach to a reception at his house this evening, May Chamber and there are some dif- improve American non-Muslim under- 22, in honor of the CAIR group; Ambassador standing of Muslims and the encouragement ferences in them, we have to appoint a and PolOff to attend. Al-Hashemi also of political engagement by American Mus- conference committee, and they meet thanked the Ambassador for receiving the lims. The multi-year broadcast and print and work out the differences and then CAIR delegation. send back to us a conference report. 7.(SBU) Comment: CAIR Executive Direc- campaign is to be entitled ‘‘Let the Con- tor Nihad Awad told us that while they were versation Begin’’ and is aimed at countering b 1400 pleased with the results of the meeting with negative stereotypes about Muslims within Sheikh Hamdan bin Rashid, they had no con- the broad American public. Somehow, somewhere in that con- 6.(SBU) One admitted reason for the crete information on the size of the endow- ference committee, the language that group’s current visit to the KSA was to so- ment or when it might be forthcoming. Awad was put in by Senator SNOWE and Sen- licit $50 million in governmental and non- also mentioned that the Bin Hamoodah ator WYDEN was taken out of the bill governmental contributions. PA Counselor Group, a $500 million/year trading company, and about 40 words that are located on noted that private outreach activities can founded by three Emirati brothers and rep- provide valuable support to USG efforts to the easel to my left were inserted into resenting Haliburton, IBM, FMC Corporation build mutual understanding overseas but the bill. And, Madam Speaker, as you and General Motors, is CAIR’s main bene- cautioned that USG Public Diplomacy (PD) read that language, not only were factor in the UAE. One newly-rich stock funds cannot be used or associated with ef- trader, Talal Khoori (UAE national of Ira- there no longer any strings on those forts to target American audiences. The del- nian origin), is believed to have donated one bonuses, but this paragraph specifi- egation was interested to hear of the Embas- million dollars to CAIR. cally protected any bonus that was Sison. sy’s PD exchange and activities within the given to any official, including the P 281502Z JUN 06 KSA and offered to help support them in any ones that became controversial a little FM AMEMBASSY RIYADH appropriate way. The group did not share, however, any details of their success or lack later, AIG, and said any bonus that was TO SECSTATE WASHDC PRIORITY 9065 agreed to before February 11, and Feb- INFO GULF COOPERATION COUNCIL COL- thereof in fundraising within the KSA. LECTIVE Oberwetter. ruary 11 was the day that the stimulus bill was passed, so anything agreed to AMCONSUL JEDDAH f before that day was protected. Then UNCLAS RIYADH 005172 AIG BONUSES SENSITIVE about a week later, the news came out E.O. 12958: N/A The SPEAKER pro tempore. Under that AIG, the insurance company TAGS: SCUL, KDEM, KISL, PGOV, PHUM, the Speaker’s announced policy of Jan- that’s received billions of dollars of SOCI, SA uary 6, 2009, the gentleman from Ohio taxpayers’ money, was going to pay its SUBJECT: VISIT BY COUNCIL ON AMER- (Mr. LATOURETTE) is recognized for 60 executives $173 million in bonuses. ICAN ISLAMIC RELATIONS minutes. And you should have heard the hue (CAIR) TO SAUDI ARABIA Mr. LATOURETTE. Madam Speaker, and cry around this place, Madam REF: ABU DHABI 2127 we have been coming to the floor for Speaker. Everybody was shocked. The 1.(U) Following up on a similar visit to the about 4 months now in an attempt to President of the United States was UAE in May (reftel), a delegation from the get to the bottom of one or two mys- shocked. Members of Congress were U.S.-based Council on American Islamic Re- teries. I had hoped to be able to come shocked. Members of the United States lations (CAIR) visited the Kingdom of Saudi to the floor today to indicate that one Senate were shocked. People at the De- Arabia (KSA) in June. On June 22 the group partment of Treasury were shocked. paid a courtesy call on the Embassy to dis- of those mysteries had been solved or cuss the organization’s issues and outreach that we were closer to its resolution. Well, they shouldn’t have been strategies. In the Ambassador’s absence, The Speaker will recall that earlier shocked because, after this language DCM received the group, along with the PA this year the United States Congress was inserted, the bill came back to Counselor and Poloff (notetaker). passed a stimulus bill that was re- both the House and the Senate. Every

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14958 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Republican voted against it; every took the pen and wrote this paragraph in the House. And to his credit, one of Democrat, save 11, voted for the stim- into the bill. the heroes of this Clue game is Con- ulus bill that included this paragraph So we got a third of the way there gressman BARNEY FRANK of Massachu- that protected the $173 million in bo- and I was feeling pretty good about it. setts, who chairs the Financial Serv- nuses. And in our subsequent discussions here ices Committee. He called up the reso- We have been coming to the floor for on the floor, we’ve pretty much nar- lution, and that committee voted for it the last several months to try to find rowed it down. Here you have the 64–0. So I’m feeling pretty good about out, because nobody’s fessing up. No- Banking Committee, the Speaker’s of- it now. I think that we’re actually body has said, Hey, you know what? I fice, the conference room. And pretty going to get someplace. But, sadly, the took out the first language and I put in clearly, it either happened in the way that this place works is that when this language, and maybe you could Speaker’s office or in the conference legislation is reported out of the com- tell us why. But nobody will do that. room. We get that from published re- mittee, it doesn’t come here to the Everybody wants this issue to go away. ports, the shuttle diplomacy. I wish I floor for discussion or debate unless it And as a matter of fact, people were so could tell you that there was a Repub- is scheduled by the distinguished ma- shocked that their reaction, the major- lican suspect in this, but there weren’t jority leader of this body, Mr. HOYER of ity’s reaction, was to come up with any Republicans permitted into the Maryland. And even though that event really a stupid bill, and that was to tax conference room. So we believe, and I occurred a couple of months ago, Mr. these bonuses, rather than going back think for the purpose of this exercise HOYER has apparently determined that and doing the right thing and taking we’re going to say, that it happened in we are too busy here in the House of out their mistake, to tax these bonuses the conference room. Representatives to deal with this issue. at 90 percent. The missing piece and where I really And we’re going to talk a little bit And I will tell you why I call that a thought we were getting close was who about how busy we’ve been in a couple stupid bill, Madam Speaker. I call it a did it. Let’s finish Clue, that it was of minutes. But we’ve had a setback. stupid bill because the person who got Colonel Mustard with a pen in the con- So Chairman FRANK, again, deserves the biggest bonus at AIG got $6.4 mil- ference room. And around this board credit because, even though the major- lion. I think it was a man. So if you’re we have the people that we believe, we ity leader won’t bring this bill to the really mad at that guy, why just take know, were in the room and were capa- floor so we can figure it out with docu- away 90 percent of his bonus? Why ble of making this insertion. Madam ments, Chairman FRANK said to the don’t you take away 100 percent of his Speaker, I know you know who they Treasury, Look, just sit down with the bonus? So that stupid piece of legisla- are. But just sort of running around people that are interested in finding tion, and, thankfully, President Obama the board here, down here CHARLIE out the truth here and hand things didn’t think much of it and neither did RANGEL, the distinguished chairman of over. the Senate, but the legislation over the Ways and Means Committee. Here, So we had some conversations, and, here still would have left that guy at a former colleague of ours, Rahm sadly, I have to report to the House, AIG with $640,000. Well, Madam Speak- Emanuel, who is President Obama’s Madam Speaker, that we’ve had a setback. And while I wanted very much to er, in my district in northeastern Ohio, Chief of Staff. Up here is Mr. Orszag, come and be able to solve this game so it would take 16 years for somebody the OMB Director, the fellow that’s the we could get on to something else, but making $40,000 a year to make $640,000. bean counter down at the White House. there was a meeting, a conversation, So again, rather than correcting the Over here is Senator DODD from Con- on June 3 between representatives of mistake, they came up with—it wasn’t necticut, who is the chairman of the the Financial Services Committee and even a fig leaf, it was a fig tree to pre- Banking Committee over in the Sen- a fellow by the name of Damon tend that they were really mad about ate. In the upper corner is Ms. PELOSI, Munchus, M-u-n-c-h-u-s, who is the the bonuses that they authorized with the distinguished Speaker of the House Deputy Assistant Secretary for Legis- their vote. of Representatives, and Mr. HARRY So we, myself and other Members, lative Affairs. He indicated at this REID, the distinguished majority leader meeting where we were talking about Mr. MCCOTTER from Michigan, have over in the United States Senate. So it, and I was promised a letter talking been coming to the floor. And I grew up we have narrowed it down to one of about who did this, he indicated in that playing a game called Clue, a very these folks. conversation that the Treasury wonderful game to play around the And the question mark down there, thought that that meeting was to talk kitchen table with your kids. Hasbro, I and this is really a disappointment to about policy options and had nothing think, is the manufacturer of it. And so me, sadly, some are just saying that it to do with this particular issue. And he with apologies to Hasbro, we came up was some staffer that put the thing in. then stated that if the true goal of the with ‘‘Clue,’’ because if you play Clue, So the question mark is this staffer meeting was to reconstruct conversa- and, Madam Speaker, I don’t know if who apparently has the power to tions between Treasury and Senator you’re a Clue player or not, but the change law and make law. And it may DODD and his staff regarding this bonus way Clue works is you start with a have been a staffer who was using the provision and how they got into the murder has been committed. In this pen, but clearly a staffer had to be di- stimulus bill—and I would say duh. I case, it wasn’t a murder. It was pretty rected by somebody to do that. mean, what have we been trying to do bad, but it wasn’t a murder. You start We thought originally that Senator here for the last 3 months?—that on with what happened, and what hap- DODD, the chairman of the Banking the advice of counsel, the Treasury De- pened is that somebody put in a bill in Committee, might be the person we partment would be unable to provide the middle of the night language that should focus in on. He’s made some any documents about those conversa- protected these bonuses that everybody public statements, but the public state- tions. became shocked about. So that’s the ments now have gone back and forth. So, again, it becomes kind of impor- crime in this particular instance. So His office says that they put it into the tant that we have the majority leader you have to find out who did it. You bill at the request of the Treasury. The schedule this resolution so we can get have to find out where it happened in Treasury says that they put it in at the the documents so we can figure it out Clue, and you have to find out where request of Senator DODD. and we can move on to something else. the weapon is. So here’s what we did. Being the And I see my friend from Michigan is Now, the great news is that we know sleuths that we’re attempting to be, we here, and I yield to Mr. MCCOTTER of what the weapon is. It wasn’t a gun or went out and filed a bill that basically Michigan. the lead pipe or the rope or any of that would have required these folks to Mr. MCCOTTER. I thank the gen- stuff. It was a pen. Somebody took a hand over some documents and fess up tleman for yielding through the Chair. pen, took out the language that would and tell us why they did it. It went to Just two quick inquiries of the dis- have prohibited the bonuses, and then the Financial Services Committee here tinguished gentleman from Ohio. First,

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14959 I was wondering if you considered the their power to get this money back. So they indicated, This is a great day, response from Mr. Munchus to be indic- I agree with you 100 percent. The Presi- we’re saving 30,000 jobs and every- ative of the most transparent adminis- dent did not know, to the best of my thing’s going to be okay. I mean, tration in history. And, secondly, I knowledge, that this was occurring. there’s going to be some pain but ev- would like to commend you for putting And even our colleagues in the House, erything’s going to be okay. the question mark signifying the poor Mr. MCCOTTER, the Democrats who At noon that day, the President of staffer who will be blamed if we con- voted for the stimulus bill, except for the United States took to the airwaves tinue this, unless, of course, someone 11 of them, I don’t think they knew it and made the announcement that the confesses or the media actually looks either. bankruptcy was the way we were going into the matter, because I remember I’m not just trying to be a nitpicker. to go. Over here on the far easel are growing up and I watched reruns of I will tell you that one of the problems President Obama’s exact words: No one Star Trek. Whenever the captain and is you may remember that stimulus should be confused about what a bank- Bones or Spock would get on that bill that spent $789 billion of our con- ruptcy process means. It will not dis- transporter platform, there would al- stituents’ money. It was about a thou- rupt the lives of the people who work ways be somebody you didn’t recog- sand pages long. So it was like the at Chrysler or live in the communities nize, and you knew they weren’t com- phone book of New York City. And as that depend on it. And then at 1 o’clock, after the ing back. So when I see that question that bill was coming to the floor that President had his press event, there mark, I just think of the poor staffer week, one of our colleagues on the Re- was a second conference call with Rob- that, at the direction of someone else, publican side made a motion and came ert Nardelli, who was the chief execu- actually utilized the pen, because if up with this novel idea about how tive officer at Chrysler, with again the this inquiry continues, as it will, you about if we have 48 hours, 2 days, to same group of Governors, Members, know that he may not be coming back. read the thousand pages, and here’s an- that were interested in it, and the first Mr. LATOURETTE. I thank the gen- other novel idea, what if we put it on question on that conference call came tleman. And the answer to the first the Internet so that our constituents, from Governor Granholm, the Demo- part of your question is clearly this is who are paying $789 billion, they have cratic Governor of the State of Michi- not indicative of transparency. 2 days to sort of digest it and call their CCOTTER is Look, all we want to do is move on gan where my friend Mr. M Representatives and express their from. She was concerned, because the and find out why somebody felt it nec- views? That was Tuesday. The problem President’s announcement said 30,000 essary in a dark room in the dark of is the bill was taking a little longer jobs had been saved. And while every- night to put in language that protected than people anticipated. The President body was celebrating that fact, we all these $173 million worth of bonuses and had promised that he was going to sign knew that there are more than 30,000 why they did it. They may have a great it by President’s Day, so the bill was people that work for Chrysler in the explanation. I doubt it, but they may filed Thursday at midnight. United States of America. have a great explanation. We just want Now, I’ve apologized to my constitu- Governor Granholm said, Well, lis- them to come forward and tell us ‘‘I did ents for not being up Thursday at mid- ten, we congratulate you, we congratu- it’’ and why they did it. night to immediately begin reading the late the President, I think this is real- So I can’t report, Madam Speaker, thousand pages. But when we arrived ly good news, but I hope that the Presi- that we have solved this particular epi- at work the next day, on Friday, we dent wasn’t speaking in code. The sode of Clue. And, sadly, we have an- were told, You’re not going to have 48 President said that 30,000 jobs had been other mystery that has sort of reared hours to read the bill; you’re going to saved and we know that the number is its ugly head here on Capitol Hill. have 90 minutes to read the bill that about 39,000. So was he, you know, sort Mr. MCCOTTER. I thank the gen- spends $789 billion, and good luck to of just giving good news and we’ll find tleman for yielding through the Chair. you. Now, I have been here 15 years, out about the bad news later? Or have Let’s also put out that we have, in and I would suggest to you when you really all of the jobs been saved? And fact, understood from the White House, legislate that way, silly things happen. will there, in fact, be no plant closures? in fairness to them, that the President And I think a lot of our friends on the Well, in response to that, Mr. has taken responsibility for the AIG Democratic side of the aisle who voted Nardelli indicated that, Oh, no, no, no, bonus. He said so, which I think is only for the stimulus bill that protected no, the President was just using a appropriate since he signed the bill those bonuses didn’t know it either, in round number. We don’t expect plant that executed it into law. But what we fairness. closures and we don’t expect any dif- are really looking for is that shadowy b 1415 ficulties. figure between the President of the Now Governor Granholm did what I United States, who may or may not But that’s why it’s important, I did. I don’t know what my friend the have known the bonus was in the bill, think, to protect the integrity of the gentleman from Michigan did but I and the poor staffer that may have House and both Republicans, Demo- issued a press release praising the ad- been directed to do this. So we want to crats, the President of the United ministration, praising the auto task point out that we are trying to be fair. States—who did it and why did they do force and saying this is wonderful We have not determined whether the it. Just tell us and then we’ll be done. news, because I in fact had—I used to President even knew the AIG bonus But we’ve come to, sadly, a second have—a Chrysler stamping plant in my was in the stimulus bill, which was mystery and this one is more cata- district in a place called Twinsburg, rushed in a crisis atmosphere upon a strophic when it comes to the lives of Ohio. So I sent out a notice saying this deadline that he set, and the staffer people in this country. As you know, is really good news. Well, sadly, that who may potentially receive all the Mr. Speaker, the auto industry is in afternoon, and it’s kind of a famous culpability unfairly. big trouble, and we are now faced with picture now, but this guy with a cart is Mr. LATOURETTE. I thank the gen- the bankruptcies of Chrysler and Gen- taking all these banker boxes into the tleman for that. eral Motors, Chrysler going first. bankruptcy court up in New York. In And I would go a step further. I am In the days leading up to the filing of that filing and clearly they weren’t certain that President Obama did not the bankruptcy for Chrysler, there written between the President’s an- know that this had been inserted into were a number of events occurring that nouncement at noon and 3 o’clock the stimulus bill because he appeared I want to describe. On April 30 at 11:30, when they were filed, located in there on television after the bonuses were the White House orchestrated a con- is an affidavit from a guy named Rob- given and said he was shocked that ference call with Members of Congress, ert Manzo, who is one of Chrysler’s these bonuses have been given, and Governors, Senators, anybody that was consultants, and in there they identify people in his administration said they interested in what was going on with eight plants that are going to be shut- were going to do everything within Chrysler, and in that conference call tered and 9,000 people, mostly United

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14960 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 Auto Worker members, that are going These three sites would have the capability Then the other thing that occurred to be out of jobs. of producing 1.3 million V6 engines. Early in is, you may remember, Mr. Speaker, Now imagine, if you go with the sce- 2007, for a variety of reasons, the Corpora- that the UAW, the United Auto Work- nario that I just indicated, that there tion was required to reduce its capital investments in all programs which required a ers, were asked by Chrysler to enter were some people that were a little sur- new production strategy for the Phoenix en- into a new contract—a contract that prised. There are two more observa- gine. Therefore, Chrysler decided to reduce gave up benefits, gave up wages, gave tions I want to make about that. We the number of greenfield plant locations to up off days. But they were told that if serve with a Member by the name of two. In May and June of 2007 the Company they supported this new contract, that GWEN MOORE who is a Democrat from chose those two sites and announced the was going to lead to a new, vibrant Wisconsin—Milwaukee. During the greenfield investments of $730 million in Chrysler where their jobs would be se- course of that phone call, she specifi- Trenton and $570 million in Saltillo and cure. And so they voted on April 28. All cally said, Hey, you know what, I have broke ground on the construction of the facilities. The greenfield decisions were based the Chrysler workers went to the polls this auto plant in Kenosha, Wisconsin, on the adjacency of the proposed plants to on April 28 to say whether or not they a Chrysler plant in Kenosha, Wis- the point-of-use assembly locations. approved or disapproved this new con- consin. I just want to ask you, under In February of 2007, Chrysler notified the tract. I don’t know all of the election this plan, are we going to be okay? State of Wisconsin and Kenosha officials results, but I do know in my little com- And Mr. Nardelli went on and waxed that a greenfield site was no longer viable, munity of Twinsburg, Ohio that has on about how important the Kenosha but rather that a retool of the existing Keno- sha Engine Plant was under consideration. 1,200, or did have 1,200 UAW members, plant was and the 800 people that work 88 percent of their members voted for there, and, yeah, you need to rest easy, The Kenosha retooling plan resulted in necessary capital savings; however, it required it, voted to give up benefits, give up it’s going to be okay. the Kenosha site to continue to produce its wages, as long as it helped the com- Well, sadly, after the bankruptcy current engines through 2013. pany that they worked for survive. documents were filed, Kenosha, Wis- In late 2007 and 2008, deterioration in in- So they voted for it, the thing consin’s engine plant was on the list of dustry volume resulted in a drop of the 1.3 passed, and then the next day they find closures. Again, I think Representative million unit demand to 880,000. This reduc- out that they’re out of a job. Mr. Doug MOORE had some questions, as did the tion in volume and the need for Kenosha to Rice, who’s the president of UAW Local Governor of Wisconsin, saying, Well, produce its current engines resulted in the 122 which covers Twinsburg, indicated what are you talking about? You told company deciding to defer the retooling that, his quote was, ‘‘I don’t know if I us you weren’t going to close Kenosha. strategy. Chrysler kept Kenosha Area Business Alli- was told the whole truth on every- Not to be outdone, Mr. Nardelli sent ance updated on the status of the retool a letter of apology. He said, I want to thing. I don’t feel like I was. It would through 2008. As the market began to col- be a shame if this was something that begin by expressing my apologies. He lapse through late 2008 and 2009, a decision goes on to say that in response to Con- was made to idle the Kenosha Engine Plant was known for some time. If they kept gresswoman MOORE’s question about in December of 2010. This and other restruc- this back from people, that’s wrong. Kenosha, I mistakenly conveyed the turing actions were included in the Chrysler That’s wrong.’’ status of the Kenosha plant with Tren- LLC February 17, 2009 Viability Plan submis- He was then asked, What do you ton, Michigan. Trenton, Michigan, sion to the United States Treasury and the think would have happened if you had doesn’t sound like Kenosha, Wisconsin President’s Auto Task Force. The specific known that you were going to be out of plant actions, including Kenosha Engine a job by approving this contract? He to me. It’s not only not a sound-alike, Plant, were not made public because it would they’re in different States for crying said, ‘‘Needless to say, people ain’t have been presumptuous to assume that the going to vote to eliminate their jobs.’’ out loud. plan was going to be approved and inappro- Mr. Speaker, I would like to put Mr. priate to communicate prior to thorough dis- And I think that’s right. I don’t Nardelli’s letter of May 7 into the cussion with the United Auto Workers union. think any of these 9,000 people who RECORD. On April 3, 2009, Chrysler officials met with worked at the eight plants would have the Kenosha Task Force and reiterated the CHRYSLER LLC, said, hey, let’s approve this new con- need to defer the Phoenix Program. Upon Auburn Hills, MI, May 7, 2009. tract and vote ourselves out of a job. emergence from Chapter 11, plans are to con- Hon. Governor JIM DOYLE, I would like to put Mr. Rice’s quotes tinue to produce the current engine families East State Capitol, from the Cleveland Plain Dealer on through December of 2010 at the Kenosha En- Madison, WI. gine Plant in order to support our current May 1 into the RECORD, Mr. Speaker. DEAR GOVERNOR DOYLE: I want to start by ‘‘I don’t know if I was told the whole truth expressing my sincere apologies about the products. The Trenton Engine site has been on everything,’’ said Doug Rice, president of confusion surrounding comments I made on completely facilitized and will launch when United Auto Workers Local 122. ‘‘I don’t feel a conference call with you and other elected we exit from Chapter 11. The Saltillo Engine like I was. It would be a shame if this was officials about the Kenosha Engine Plant on site has also been facilitized and is scheduled something that was known for some time. If April 30, 2009. to launch mid-to-late 2010. In response to a question from Congress- We would have hoped to have been able to they kept this back from people, that’s woman Moore regarding the future of the Ke- convey this information to you and the com- wrong. That’s wrong.’’—PD May 1 nosha Plant, I mistakenly conveyed the sta- munity in a more timely fashion, but cir- Host: Would that vote have been the same tus of the Phoenix investment in Trenton, cumstances simply did not afford us an op- had you had the information you have now? MI. The facts I described were accurate for portunity to do so. It is expected that vir- ‘‘No. Needless to say, people ain’t going to Trenton and not Kenosha, WI. I recognize tually all employees associated with Keno- vote to eliminate their jobs,’’ said Doug this has added further confusion to an al- sha and the other closures announced in our Rice, President of UAW Local 122 in ready difficult situation. Chapter 11 filings will be offered employment Twinsburg—WCPN (Public Radio, Sound of I would like to take this opportunity to with the new company. Ideas), May 5, 2009 clarify the Phoenix Engine Program produc- While the company continues to address And then the mayor of Twinsburg, tion status. difficult market conditions, we expect that Ohio, and, Mr. Speaker, if you haven’t the Chrysler Fiat alliance will ultimately In 2006, DaimlerChrysler started a program been to Twinsburg, I will tell you, you for a new V6 engine family. Based on indus- provide customers and dealers a broader try volumes and forecasted demand, the ini- competitive line of fuel-efficient vehicles may want to come this summer, or any tial planning volumes were 1.76 million and technology, and will result in the preser- summer. Twinsburg is famous for its units. In order to achieve this level of pro- vation of more than 30,000 jobs in the United Twins Festival and twins from cradle duction, a site selection process was initi- States along with thousands of employees at to very elderly twins show up. Last ated that included four new locations in dealers and suppliers. year I think we had 4,000 sets of twins. Michigan, Ohio, Wisconsin and Mexico. Again, please accept my sincere apologies If you think you’re seeing double, you Before site selection was finalized, the en- for the confusion. We will continue to work will see double in Twinsburg during gine volume planned for the combined com- with the people of Kenosha to ensure an or- pany was reduced when the common engine derly transition. their Twins Festival. program with Daimler was redefined as a Sincerely, Their mayor wrote to Mr. Bloom, Chrysler only engine. This reduced the num- BOB NARDELL, Ron Bloom, who is on the President’s ber of production sites to three. Chairman and CEO. automobile task force and basically

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I appreciate that you take the combined closings of car Basically she said, Look, I watched recap of exactly what happened. And dealerships at Chrysler and General the President. I was on these telephone now subsequent to these events which Motors, it’s north of 200,000 people are calls. What happened? have had such a devastating effect going to be thrown out of work that Mr. Bloom, in a letter dated May 6, upon my community, Michigan, the en- work at these dealerships. writes back that what the President’s tire Midwest and America’s manufac- What my friend Mr. MCCOTTER was comments were meant to convey, they turing base, we hear the administra- referring to is that when you question meant to convey the message that the tion and the task force saying that the administration, and again not the bankruptcy of Chrysler had in no way they did not determine which plants President. I want to be crystal clear changed these plans. would be closed. They did not deter- about this. When President Obama said I would like to put this into the mine which dealerships would be on April 30, this statement, that no- RECORD as well. closed. That is a factually true state- body’s going to be negatively impacted, MAY 6, 2009. ment. But by omission they do not add DEAR MAYOR PROCOP: Thank you for the no communities are going to be nega- note. Hopefully I can clarify the situation at that they determined how many plants tively impacted, I believe he meant it hand regarding the Twinsburg Plant. On would be closed and how many jobs and I believe he believed it to be so. February 17th, Chrysler developed a viability would be lost and how many dealer- I don’t think, however, that his auto- plan which proposed several plant closures, ships would be closed. Because when mobile task force has served him well. including a closure of the Twinsburg Stamp- they rejected those viability reports, By that I mean, Mr. Bloom testified ing Plant. The decision to close the they said they did not go deeply yesterday, or the day before, in the Twinsburg Plant was not in any way driven enough quickly enough to provide via- or influenced by the U.S. Government. It was United States Senate and Senator identified based on an assessment by Chrys- bility to Chrysler or a path forward for HUTCHISON of the State of Texas said, ler’s management of what was necessary to General Motors. Hey, I don’t understand a couple of reduce Chrysler’s manufacturing capacity in Put in terms of the human cost, that things. First of all, it’s a strange busi- the face of extremely poor market condi- means more people had to lose their ness model that you can sell more stuff tions. jobs, more plants had to close, more with less stores. I never learned that in While the original 2/17 plan submitted by dealers had to be culled from the fran- Econ 101 or anywhere else while I was Chrysler was not deemed viable by the Task chise ranks. in school. Force, the more recently proposed Fiat/ So I would hope that in the future Chrysler alliance plan has been approved. b 1430 This plan included the same plant closure with the task force, again that the schedule as the one originally proposed by most transparent administration in But we don’t think that car dealers Chrysler, and the President’s comments were United States history by its own pro- cost the car companies any money. meant to convey the message that the bank- fession would be honest with the Amer- But this issue has come up. Who said ruptcy of Chrysler had in no way changed ican people as to where the decision for that all these car dealers costing these plans. these lost jobs came from, not merely 200,000 people to lose their jobs needed We realize how unfortunate this situation which ones faced the ax. to be closed? And the gentleman’s is, especially for the citizens of Twinsburg point is this: When Chrysler and GM whose livelihoods are tied so directly to the Mr. LaTOURETTE. I thank the gen- Chrysler plant. The current economic envi- tleman. submitted their studies about how they ronment has forced many communities to That leads to the next point. Because wanted to proceed, they had a plan, an make sacrifices that seem unequal and un- Mr. Bloom from the President’s task orderly closeout of dealerships and con- fair, and the Task Force is working actively force testified yesterday, or the day be- solidations, and they were told they to mitigate the impacts of these sacrifices. fore, in the United States Senate. But weren’t aggressive enough. During his viability determination on March first let me finish this point. Specifically, Mr. Bloom testified over 30, the President announced Dr. Ed Mont- Going back to the plant closures, in the Senate that when they rejected gomery, former Deputy Labor Secretary as what is now on that far easel, that’s a the plans, he said, I think we said that Director of Recovery for Auto Communities. Since his announcement Ed has been going paragraph that was in the UAW con- General Motors is burdened by excess into communities and hearing people’s contract that people were asked to ap- capacity. We said that their plant foot- cerns and he has been assembling an inter- prove, and it specifically was bargained print, the manufacturing plants, has agency effort to support communities and for by the people in my district in excess capacity, their dealer network workers and promote new job-creating ini- Twinsburg. This paragraph certainly has excess capacity, and the white and tiatives. doesn’t tell them that their plant’s blue collar people that work there need Ed’s role is to work with the communities going to close the next day, but it indi- to be downsized, and we told General that have been negatively affected, my role Motors and Chrysler when we rejected is to work with Chrysler and GM in their ef- cates that Chrysler’s going to bring forts to restructure, so that we can once more work to the stamping plant. their February 17 plan, you need to go again see a strong and competitive domestic So when my folks went to vote, they back and you need to take a more ag- auto industry. voted not thinking they were going to gressive approach. And, yes, that in- Sincerely, be out of work, they thought that more cluded dealers, but it included plants RON BLOOM. work was going to be coming via the and a white collar head count. What these plans are that they’re agreement with Chrysler. So, it is parsing of words to say, and talking about is, both car companies, What the gentleman is now referring I have never said and I don’t think my Chrysler and GM, filed viability plans to is in addition to the 9,000 people put friend from Michigan has ever said, with the task force in February. Feb- out of work and the eight Chrysler that Mr. Bloom said you have to close ruary 17, I believe. They were both re- plants and, on top of that, I think it’s the dealership in Milwaukee, Wis- jected. But somewhere in conversations 14 General Motors plants, we have now consin. They didn’t do that. But they between the auto task force and Chrys- been told. For some reason in this did determine the parameters and they ler, it was indicated that there were bankruptcy, somebody has come up did indicate that you had to get down going to have to be some plant clo- with a brainy idea that you can have to a certain size, which then led to and sures. But nobody told anybody. There better car companies if you don’t have will lead to 200,000 people being out of was no public document, no public dis- any auto dealers. And so the initial re- work. cussion, no notification to the United quest in the bankruptcy was that I yield to my friend.

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Mr. MCCOTTER. I thank the gen- lieve the President of the United I had a 10-month supply of cars, they tleman for yielding. States had absolutely no idea about gave me three weeks to sell them all. I Again, it cannot be emphasized what would follow the consequences of think the White House Mafia is trying enough that while we talk about jobs the Chrysler and GM bankruptcies in to run this thing through.’’ and numbers, and we have talked about terms of the human cost to the work- Tony Manicotti, who has a car deal- the jobs that the United Auto Workers ing people of America. ership in Sterling Heights, Michigan, will lose, I can attest to you that But what I cannot figure out is that said, ‘‘They’ve ripped our heart and throughout this bankruptcy process if that is the case, if we are correct in soul out. It’s been part of me since I the people of my community, the peo- our assessment, why the President of was a child. It’s hard to believe what ple of Michigan, the people at Chrysler the United States, A, does not want to the government has done. They are and the people at GM thought that we find out who in his administration put supposed to save employment—not cre- had a chance to avoid a bankruptcy, him in that position, and more impor- ate unemployment.’’ that that was the hope we were given. tantly who put the people of the auto And an Orleans Dodge Chrysler Jeep We were given it by the first Bush ad- companies and the workers in that po- dealer, Mike Comiskey, who was re- ministration, which initially granted sition, or the taxpayers of America in sponding to a question by the bank- the bridge loan to the autos. Early on that position, and then as the most ruptcy judge, Judge Gonzalez, his deal- in the process, we were told that the transparent administration in Amer- ership had been ruined by Hurricane auto industry would not be walked ican history does not want to tell the Katrina but he reopened it 5 months away from. Early on in the process we American people who those actors later. During the course of Hurricane started to get signals, however, that were. It would seem to me that would Katrina, he provided fleet vehicles to the bankruptcy might become a more serve the country well and it would police departments and fire stations in and more likely option. serve our President well. every parish of Louisiana that was af- Yet we were never told, as reports I yield back. fected by the hurricane, and also pro- are starting to come out, that early on Mr. LATOURETTE. I thank the gen- vided vehicles for the State of Lou- the administration’s Auto Task Force tleman. And just to continue talking isiana and the City of New Orleans. had made the decision that bankruptcy about the dealers and the 200,000 peo- Mr. Comiskey says, ‘‘I will probably would be the best option. And as we ple, and you know what? It is more end up living out of my car as a result watched Chrysler and as we now watch than 200,000 people, because I assume of this set of decisions.’’ GM, two of the big three domestic auto most of them have families, husbands, Now, it brings me to I think where makers in bankruptcy, we see that wives, children, grandchildren, what- the gentleman was going, and that is clearly that best option was pursued ever the case may be. the Clue travel edition: Who is this and promoted. The other interesting thing about car task force and who made the decision But, again, as the gentleman from dealers, at least in my part of the to close eight Chrysler plants without Ohio points out, these are figures. world in Ohio, if you go to one of your telling the workers that it was going to These are facts. Throughout this proc- children’s Little League games or soc- happen, throwing 9,000 people out of ess there was a cruel uncertainty that cer games, you always see that it is a work? Who made the decision to be affected the people of my district, that car dealer that has sponsored the team. more aggressive and throw 200,000 peo- affected the people of Michigan and The car dealer sponsors the chamber of ple out of work that work for auto throughout the manufacturing sector. commerce. The car dealer gives to dealers? No one knew when the bell would toll charity. The car dealer does the food Now, before I talk about the Auto for them. drive. So you are talking about not Task Force qualifications and where So as the process continued, espe- only displacing 200,000 people; you are we are going to go with the game of cially if you talk about the United talking about ripping the heart out of Clue, I have to tell you I have men- Auto Workers who ratified the agree- a number of communities. tioned Mr. Manzo, who is the Chrysler ment, as you got closer to the point of You could understand it if these deal- restructuring expert, and you may re- Chrysler going into bankruptcy, when erships were somehow a drain on call, Mr. Speaker, there was some dis- you signed that agreement without any Chrysler and GM. But on June 3, Amy cussion about bondholders. God forbid indication that you were going to lose Brown, who is a lawyer for the affected someone could take some of their your job and that you might actually Chrysler dealers, had the opportunity money and invest it in a company in be a part of Fiat and Chrysler going to cross-examine the aforementioned this country and be told that they were forward, to learn in the blink of an eye Mr. Nardelli, who was the chief execu- secured creditors. that all that hope was gone, after you tive officer of Chrysler, and was asked The secured creditors at Chrysler had had done everything you could, after why it was necessary to eliminate the invested money. And you know what? your union president and their team franchises when neither the govern- They have since been characterized as had done everything they could to save ment nor Fiat, the group that is buying ‘‘unpatriotic’’ or ‘‘not wanting to go as many jobs as they possibly could, to Chrysler out of bankruptcy, asked for with the flow.’’ lose it all at that point is exceedingly it to happen. But the one group that was most cruel. Mr. Nardelli said the 789 dealers rep- prominent in this is the Indiana State I have talked to them. They feel this resent a host of expenses. But then he Teachers Pension Fund. So the Indiana in my district. I have talked to auto was asked to quantify how much those State Teachers Pension Fund thought dealers who, after a lifetime of work in things cost the automaker, and Mr. that buying Chrysler stock was a good the industry, of being pillars of their Nardelli said he couldn’t, and he wasn’t investment and they couldn’t lose, be- community, in the blink of an eye have sure if his company had ever deter- cause as bondholders they were first in lost everything that they have worked mined those exact costs. line should something like a bad bank- for, who have talked on the phone in At a hearing last week up in bankruptcy happen. Well, we have rewritten tears or in person been on the verge of ruptcy court they had a number of the 200 years of bankruptcy law, and it tears about what happened to them and dealers in, and there are a number of doesn’t matter if you are a secured why they cannot get an answer. dealers here on Capitol Hill testifying creditor or not. So through the Chair to the gen- in front of the Energy and Commerce But Mr. Manzo called Matthew Feld- tleman from Ohio, we see a pattern Committee. But just three quotes from man, who is an attorney for the Presi- emerging. Again, I absolutely agree car dealers who testified up in New dent’s Auto Task Force, on the day be- with the gentleman from Ohio. I be- York in the bankruptcy court. fore this announcement was made, and lieve that the President had no idea his Leo Jerome, who owns a car dealer- he basically said, Hey, I think I have a administration had put the AIG bo- ship in Lansing: ‘‘I just want my day in way that we can avoid the bankruptcy nuses in the stimulus bill. I truly be- court and give me a fair hearing. After of Chrysler and restructure some of

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You sub-texts to this entire situation. that the American public know who went where you shouldn’t.’’ We were told that it was the inves- made the call to force these car compa- Well, Mr. Manzo apologizes in a sub- tors that forced Chrysler into bank- nies into bankruptcy; who made the sequent email, and it comes back, ‘‘It’s ruptcy due to their obstinacy and call to lie to 9,000 auto workers at 8 over. The President doesn’t negotiate greed. And yet from the emails we see plants across the country, and who second rounds. We have given and lent here, this is precisely one of those in- made the call that, even though they billions of dollars so your team could vestors who is seeking to come to an don’t cost anybody any money, that we manage this properly. And now you’re agreement with the Auto Task Force have to close all these dealerships and telling me to bend over to a terrorist to preclude that bankruptcy. put people out of work. like Lauria?’’ Mr. Lauria is the lawyer I relate this back to what the gen- And I keep hearing, and the gen- that represents the Indiana teachers’ tleman showed us from the UAW, who tleman has heard it too, that this task pension fund. ‘‘That’s BS.’’ had gone through a very grueling, ex- force doesn’t want to run the day-to- Of course, the next day we have the cruciating process to find an agree- day operations of Chrysler and GM. bankruptcy. ment with the Auto Task Force. And But sadly, for them, there is an article But you say, you know, maybe this yet when Chrysler went into bank- that appeared on May 11 out of Detroit task force of the President’s, which I ruptcy, which was clearly the intent that indicated that Chrysler wanted to believe is not serving the President not to do everything possible to avoid, spend $134 million in advertising during well, is made up of people who are real- people started to pit the investors and the period of its bankruptcy, and this ly knowledgeable in business, in the unelected task force told them they car industry, in the car dealership in- the auto workers against each other. couldn’t spend any money on adver- dustry, and so we should probably I would submit to all that it was the tising. Now, they finally relented and defer, because I don’t happen to be any process of the Auto Task Force, its ar- said okay, you can spend half of it. But of those things. So maybe we should bitrary nature and its lack of account- for a bunch of folks that are claiming defer to their judgment in this matter. ability that pitted workers and inves- The gentleman has a thought he tors against each other in a race to they don’t want to run the car com- would like to share? beat the inevitable bankruptcy which pany, they’ve now set up the situation Mr. MCCOTTER. Yes. Through the would occur. where they didn’t want them to adver- Speaker to the gentleman from Ohio, I think that is one of the crucial tise and they didn’t want them to have first I caution you that if you continue things that needs to be pointed out, as many stores as they used to have to to quote Mr. Feldman, you may get a and I think it also bears repeating, why sell their cars. Again, that’s a strange, PG–13 rating for your Special Order. the individual, the distinguished gen- strange business model. But I would also like to point out tleman from Ohio, Mr. KUCINICH, as So we will be back, Mr. Speaker, as that many of us in Detroit had grave well as yourself and other Members of we move forward during the course of concerns when the membership of the this body, sent a letter to the adminis- these discussions, to try and figure out Auto Task Force was announced be- tration saying we wanted the Auto who did it and what room it happened cause of the absence of an under- Task Force to revert back to an advi- in and why they did it. standing of the auto industry and man- sory capacity. Because many of us re- I want to move now to the observa- ufacturing, and, to be quite honest member the 1970s when a congression- tion that I made at the beginning of with you, the absence of some of the ally led assistance of the Chrysler the hour. At the beginning of the hour Members owning cars. Motor Corporation brought the stake- I talked about the AIG bonuses and the I yield back. holders together in an equitable proc- fact that legislation that was approved Mr. LATOURETTE. I thank the gen- ess and resulted not only in the sur- in a bipartisan fashion, 64–0, has not tleman, and that is where we were vival of the company, but Lee Iacocca been brought to the House floor by the going to go next. There was a hearing presenting a check with interest for distinguished majority leader for dis- here on Capitol Hill about 3 weeks ago those loans to President Ronald cussion and debate. And we keep hear- in the Judiciary Committee and the Reagan. ing how busy we are here, and we heard witnesses were asked by a colleague of that last year. And my colleagues will ours who joined us the last time we did b 1445 remember last year, when gasoline was this, Mr. JORDAN of Ohio, Do any of Mr. LATOURETTE. I thank the gen- going through the roof and our phones these individuals on the Auto Task tleman very much. Mr. Speaker, could were ringing off the hook and people Force have any expertise in how car I inquire as to how much time is left? said, Hey, can you give us a national manufacturing or car dealership busi- The SPEAKER pro tempore. The gen- energy policy, for crying out loud? nesses operate? The witness indicated tleman has 14 minutes. We’re dying. We can’t afford to put gas the answer is none; they have no expe- Mr. LATOURETTE. I want to finish in our car and drive to work. We were rience. He went on to say that The Clue the travel edition and get to told as well that we were too busy. And Wall Street Journal actually did a sur- something I talked about at the begin- I get that. This is the most deliberative vey of the members of the Auto Task ning of the hour. But just to finish it, body in the world. We have a lot of im- Force and discovered that a substantial again, the game of Clue, manufactured portant work to do. And if the major- portion of them don’t even own cars. by Hasbro, we know that the weapon, ity truly feels we were too busy to deal Now, I want to be fair, because I in this case, not the pen, but the ax, an with the national energy policy, I think that witness was talking without ax has been used to get about 210,000 would have taken them at their word. all of the facts. But there is an article people, make them unemployed in this But sadly, here is a chart, and then that appeared in the Detroit News, country. And again, we have the same we’ll go to the second chart. close to the gentleman’s home, on Feb- rooms. It happened in one of these When the new majority became the ruary 23, and that is not quite right. Of rooms. And around the board, down majority, we Republicans did such a the 10 senior policy aides who work on there is Mr. Nardelli, the former chief bang-up job that the voters threw us the President’s task force, two own executive officer of Chrysler, Larry out and they installed the Democrats American cars and the rest either own Summers, senior adviser on the econ- as the majority party beginning on no cars or they own cars manufactured omy to the President, President January 29 of 2007. At the time the rein other countries, foreign cars. Obama, of course. Over here is Ron tail price of gas in the country was

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14964 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 $2.22. And on that day the most impor- is to support the goals and ideals of na- these car companies? What are you tant thing that they could come up tional teen dating, an issue that we’re going to do about the dealerships? Yet, with to debate on the floor was to com- all concerned about certainly, but now when we came back last week, you mend the University of California we have 9,500 Chrysler workers out of know, maybe we weren’t quite ready. Santa Barbara soccer team. I like soc- work. Maybe we hadn’t formalized how to get cer. I congratulate them. And gas isn’t It goes up to just shy of 10,000 and, at the problem. We passed bills direct- so bad—$2.22. son of a gun, we have to, we’ve got ing fish stocking in the lakes of Wash- It goes up to $2.84, and the most im- time to come back, this year, and pass ington; we recognized the 75th anniver- portant thing that the majority can the Monkey Safety Act again. And I sary of the Great Smoky Mountains; schedule to be on the floor is to declare want to be clear. I don’t want anyone and we shifted from soccer to basket- October National Passport Month. A to read my words in the CONGRESSIONAL ball, and we honored the University of lot of my constituents didn’t know RECORD and think that I want monkeys Tennessee Women’s Basketball Team. what National Passport Month, what who aren’t safe. I want safe monkeys. Then you say, okay, that was the month it occurred in. Now they know. But when you’ve got 10,000 people out first week back. Everybody is a little Gas goes up to $3.03 a gallon. We’re of work at Chrysler, maybe we could do sleepy. We haven’t quite gotten up to not debating the price of gas or a na- something other than save monkeys. speed with our legislative agenda. This tional energy policy. We’re com- And son of a gun, and now you’re up week, rather than dealing with Chrys- mending the Houston Dynamo soccer to 13,000 people, and I guess the Senate ler, rather than asking some questions team. didn’t pass the cat and dog legislation, of the unelected task force appointed Now, those of us in public life are so we have to consider that again. by the President and that doesn’t own told that you don’t get elected unless Sixteen thousand people are out of cars, we recognized that this was Na- you get the soccer moms. So I guess, work; the most important thing they tional Physical Education and Sport you know, while gas is going up to can schedule on the floor is honoring Week. $3.03, we’ve got the soccer moms; we’re Arnold Palmer. I like Arnold Palmer, Also, I didn’t know this, but maybe all squared away. Latrobe, Pennsylvania, great golfer, my colleagues know this—and I apolo- Gas goes up to $3.77. The most impor- deserves to be honored. But how about gize for being ignorant. June 10 is Na- tant thing the majority can put on the dealing with the people that are losing tional Pipeline Safety Day, and we floor is declaring National Train Day. their jobs and their livelihoods at spent an hour of time here on the floor It’s getting serious—$3.84. A lot of Chrysler, General Motors, and the peo- making sure that everybody under- people are calling me saying, Hey, ple at the auto dealers? stood that June 10 is National Pipeline what are you doing? We passed Great And then it sort of peaks with the an- Safety Day. Cats and Rare Canids Day. And I have nouncement, 18,365 people, just at Mr. Speaker, this is a big problem. I to tell you, I didn’t even know what a Chrysler, out of work. And again, all mean we have a double delegation here. rare canid was, but I Googled it, and we can do is National Train Day. The Congress has punted to the Presi- dent. The President has punted to this it’s a dog. So when my constituents Now, I want to be fair to the major- task force of people who don’t own were paying $3.84 cents a gallon, we ity because we do do other stuff here. American cars, the majority of them, were doing cats and dogs here in the And I don’t want anybody to believe or they don’t own any cars, and they United States Congress. that all we do is monkeys and cats and It goes over $4, and you think, man, dogs. Just since the beginning of this have no experience in the car business. we’re going to get to the bottom of it year, when Chrysler and General Mo- They are making decisions that affect now. But the majority determined that tors are going belly up and bankrupt, hundreds of thousands of Americans. Mr. MCCOTTER talked about the let- the most important thing we could do we have also named, and I have to add ter that we sent to the President. Thir- on that day was declare the Inter- to this list because we did a couple this ty-six of us sent a letter to the Presi- national 2008—a lot of my constituents week, we’ve named post offices. And so dent, saying, Mr. President, please pull didn’t know this either—2008 was the these 16 post offices, we took an hour these people back. Let’s have a dia- International Year of Sanitation. of debate here in the House of Rep- logue. Let’s bring the best and the Gas crested at $4.14 a gallon in my resentatives, 16 hours, to make sure brightest. part of the world on June 17 of 2008. that—and if anybody, Mr. Speaker, You know, Mr. MCCOTTER talked Surely we’re going to talk about en- who happens to see this list, they live about Chrysler. We made $35 million on ergy; surely we’re going to talk about in these towns, they should feel as- the Chrysler deal in 1979. The only gas. No, we were too busy. We had to sured that they can now go in and buy problem was nobody expected it, and pass the Monkey Safety Act on that those 44 cent stamps because the Congress didn’t know how to spend the particular day. United States Congress has named money. Now, people need to rest easy. So we thought maybe folks had their post office. We figured it out, but nobody knew learned as a result of that because, And again, it’s an important part of how to spend that money. Let’s talk clearly, when gas has gone up to that what we do here, honoring people who about it, and let’s do this the right price, the Monkey Safety Act isn’t the deserve to be honored. But 16 hours, way. Let’s not have this unelected foremost thing on my constituents’ when we could have been talking about group of people who have no experience minds. Chrysler, when we could have been run roughshod over the American So we come to this year. And this talking about General Motors, when we worker. year, as we’ve talked about during this could have been talking about the deal- I yield to the gentleman. hour, there are a lot of people at Chrys- ers, instead we were naming post of- Mr. MCCOTTER. May I inquire as to ler losing their jobs. So at the begin- fices. And I don’t think that the coun- how much time is available? ning of this Congress, January, 4,000 try is better off for that enterprise. The SPEAKER pro tempore (Mr. people at Chrysler are losing their jobs. But then again, to be fair, let’s say MASSA). There are 30 seconds remain- And you’d think that we’d have a dis- that you’re in the majority and that ing. cussion here. I would think. But we’re you didn’t see this coming and that Mr. LATOURETTE. I give you 30 sec- too busy because on that day we need- perhaps, you know, you didn’t recog- onds. ed to honor the life of Claiborne Pell, nize it was going to be as serious as it Mr. MCCOTTER. Thank you for the who was a former Senator. He deserves was. 30 seconds. to be honored. But why are we taking We came back last week and went I just want to point out that, while floor time to do that when 4,000 people back into session last week. Surely, all of this has been lighthearted, this is are out of work just at Chrysler. over the Memorial Day recess, people very important. We have twice seen the It goes up to 9,500. The most impor- got an earful from their constituents, President unaware of what his own ad- tant thing that we can do on that day saying, What are you going to do about ministration has done. We hear calls

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14965 for alacritous action. We hear people TITLE II MILITARY PERSONNEL, NAVY saying that we must rush to do health DEPARTMENT OF COMMERCE For an additional amount for ‘‘Military Per- care, that we must rush to do climate ECONOMIC DEVELOPMENT ADMINISTRATION sonnel, Navy’’, $1,627,288,000. change legislation. Let us never forget ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS MILITARY PERSONNEL, MARINE CORPS that government haste makes taxpayer For an additional amount for ‘‘Economic De- For an additional amount for ‘‘Military Per- waste. Due deliberateness and prudence velopment Assistance Programs’’, $40,000,000, to sonnel, Marine Corps’’, $1,524,947,000. are always the best course of action in remain available until September 30, 2010: Pro- MILITARY PERSONNEL, AIR FORCE legislative affairs. We should do a lot vided, That the amount provided under this For an additional amount for ‘‘Military Per- more of it here. heading shall be for Trade Adjustment Assist- sonnel, Air Force’’, $1,500,740,000. I yield back. ance for Communities under subchapter A, RESERVE PERSONNEL, ARMY chapter 4, title II of the Trade Act of 1974 (19 Mr. LATOURETTE. I thank the gen- For an additional amount for ‘‘Reserve Per- U.S.C. 2371 et seq.) and Trade Adjustment As- sonnel, Army’’, $418,155,000. tleman. I thank the Chair. sistance for Firms under chapter 3, title II of the I yield back. Trade Act of 1974 (19 U.S.C. 2341 et seq.). RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Reserve Per- DEPARTMENT OF JUSTICE f sonnel, Navy’’, $39,478,000. DETENTION TRUSTEE CONFERENCE REPORT ON H.R. 2346, RESERVE PERSONNEL, MARINE CORPS For an additional amount for ‘‘Detention For an additional amount for ‘‘Reserve Per- SUPPLEMENTAL APPROPRIA- Trustee’’, $60,000,000, to remain available until sonnel, Marine Corps’’, $29,179,000. TIONS ACT, 2009 September 30, 2010. RESERVE PERSONNEL, AIR FORCE Mr. OBEY submitted the following LEGAL ACTIVITIES conference report and statement on the For an additional amount for ‘‘Reserve Per- SALARIES AND EXPENSES, GENERAL LEGAL sonnel, Air Force’’, $14,943,000. bill (H.R. 2346) making supplemental ACTIVITIES NATIONAL GUARD PERSONNEL, ARMY appropriations for the fiscal year end- For an additional amount for ‘‘Salaries and ing September 30, 2009, and for other Expenses’’, $1,648,000, to remain available until For an additional amount for ‘‘National Guard Personnel, Army’’, $1,775,733,000. purposes: September 30, 2010. NATIONAL GUARD PERSONNEL, AIR FORCE SALARIES AND EXPENSES, UNITED STATES CONFERENCE REPORT (H. REPT. 111–151) ATTORNEYS For an additional amount for ‘‘National The committee of conference on the dis- Guard Personnel, Air Force’’, $45,000,000. For an additional amount for ‘‘Salaries and agreeing votes of the two Houses on the Expenses’’, $15,000,000, to remain available until OPERATION AND MAINTENANCE amendment of the Senate to the bill (H.R. September 30, 2010. OPERATION AND MAINTENANCE, ARMY 2346) making supplemental appropriations for the fiscal year ending September 30, 2009, UNITED STATES MARSHALS SERVICE For an additional amount for ‘‘Operation and and for other purposes, having met, after full SALARIES AND EXPENSES Maintenance, Army’’, $13,769,418,000. and free conference, have agreed to rec- For an additional amount for ‘‘Salaries and OPERATION AND MAINTENANCE, NAVY ommend and do recommend to their respec- Expenses’’, $10,000,000, to remain available until For an additional amount for ‘‘Operation and tive Houses as follows: September 30, 2010. Maintenance, Navy’’, $2,274,903,000. That the House recede from its disagree- NATIONAL SECURITY DIVISION OPERATION AND MAINTENANCE, MARINE CORPS ment to the amendment of the Senate and SALARIES AND EXPENSES For an additional amount for ‘‘Operation and agree to the same with an amendment as fol- Maintenance, Marine Corps’’, $1,034,366,000. lows: For an additional amount for ‘‘Salaries and In lieu of the matter stricken and inserted Expenses’’, $1,389,000, to remain available until OPERATION AND MAINTENANCE, AIR FORCE by said amendment, insert: September 30, 2010. For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $5,980,386,000. That the following sums are appropriated, out FEDERAL BUREAU OF INVESTIGATION of any money in the Treasury not otherwise ap- SALARIES AND EXPENSES OPERATION AND MAINTENANCE, DEFENSE-WIDE propriated, for the fiscal year ending September For an additional amount for ‘‘Salaries and For an additional amount for ‘‘Operation and 30, 2009, and for other purposes, namely: Expenses’’, $35,000,000, to remain available until Maintenance, Defense-Wide’’, $5,101,696,000, of TITLE I September 30, 2010. which: (1) not to exceed $12,500,000 for the Combatant DEPARTMENT OF AGRICULTURE DRUG ENFORCEMENT ADMINISTRATION Commander Initiative Fund, to be used in sup- FOREIGN AGRICULTURAL SERVICE SALARIES AND EXPENSES port of Operation Iraqi Freedom and Operation PUBLIC LAW 480 TITLE II GRANTS For an additional amount for ‘‘Salaries and Enduring Freedom; and Expenses’’, $20,000,000, to remain available until (2) not to exceed $1,000,000,000, to remain For an additional amount for ‘‘Public Law September 30, 2010. available until expended, for payments to reim- 480 Title II Grants’’, $700,000,000, to remain burse key cooperating nations, for logistical, available until expended. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES military, and other support including access GENERAL PROVISIONS—THIS TITLE provided to United States military operations in SALARIES AND EXPENSES SEC. 101. Notwithstanding any other provision support of Operation Iraqi Freedom and Oper- of law, amounts made available to provide as- For an additional amount for ‘‘Salaries and ation Enduring Freedom, notwithstanding any sistance under the emergency conservation pro- Expenses’’, $14,000,000, to remain available until other provision of law: Provided, That such re- gram established under title IV of the Agricul- September 30, 2010. imbursement payments may be made in such tural Credit Act of 1978 (16 U.S.C. 2201 and 2202) FEDERAL PRISON SYSTEM amounts as the Secretary of Defense, with the and unobligated as of the date of the enactment SALARIES AND EXPENSES concurrence of the Secretary of State, and in of this Act shall be available to the Secretary of For an additional amount for ‘‘Salaries and consultation with the Director of the Office of Agriculture, until expended, for expenses under Expenses’’, $5,038,000, to remain available until Management and Budget, may determine, in his that program related to recovery efforts in re- September 30, 2010. discretion, based on documentation determined sponse to natural disasters. by the Secretary of Defense to adequately ac- GENERAL PROVISION—THIS TITLE SEC. 102. (a) For an additional amount for count for the support provided, and such deter- gross obligations for the principal amount of di- (INCLUDING RESCISSION) mination is final and conclusive upon the ac- rect and guaranteed farm ownership (7 U.S.C. SEC. 201. (a) Of the funds appropriated in counting officers of the United States, and 15 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) chapter 2 of title I of Public Law 110–252 under days following notification to the appropriate loans, to be available from funds in the Agricul- the heading ‘‘Office of Inspector General’’, congressional committees: Provided further, tural Credit Insurance Fund, as follows: direct $3,000,000 is rescinded. That these funds may be used for the purpose of farm ownership loans, $360,000,000; direct oper- (b) For an additional amount for ‘‘Office of providing specialized training and procuring ating loans, $400,000,000; and unsubsidized Inspector General’’, $3,000,000, to remain avail- supplies and specialized equipment and pro- guaranteed operating loans, $50,201,000. able until September 30, 2010. viding such supplies and loaning such equip- (b) For an additional amount for the cost of TITLE III ment on a non-reimbursable basis to coalition direct and guaranteed loans, including the cost DEPARTMENT OF DEFENSE forces supporting United States military oper- of modifying loans as defined in section 502 of ations in Iraq and Afghanistan: Provided fur- the Congressional Budget Act of 1974, as fol- MILITARY PERSONNEL ther, That the Secretary of Defense shall pro- lows: direct farm ownership loans, $22,860,000; MILITARY PERSONNEL, ARMY vide quarterly reports to the congressional de- direct operating loans, $47,160,000; and unsub- For an additional amount for ‘‘Military Per- fense committees on the use of funds provided in sidized guaranteed operating loans, $1,250,000. sonnel, Army’’, $11,750,687,000. this paragraph.

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OPERATION AND MAINTENANCE, ARMY RESERVE vide assistance to foreign nations: Provided fur- MISSILE PROCUREMENT, AIR FORCE For an additional amount for ‘‘Operation and ther, That the Secretary of Defense may trans- For an additional amount for ‘‘Missile Pro- Maintenance, Army Reserve’’, $110,017,000. fer such amounts as the Secretary may deter- curement, Air Force’’, $49,716,000, to remain mine from the funds provided herein to any ap- OPERATION AND MAINTENANCE, NAVY RESERVE available until September 30, 2011. propriations available to the Department of De- PROCUREMENT OF AMMUNITION, AIR FORCE For an additional amount for ‘‘Operation and fense or, with the concurrence of the Secretary Maintenance, Navy Reserve’’, $25,569,000. of State and head of the relevant Federal de- For an additional amount for ‘‘Procurement OPERATION AND MAINTENANCE, MARINE CORPS partment or agency, to any other non-intel- of Ammunition, Air Force’’, $158,684,000, to re- RESERVE ligence related Federal account to accomplish main available until September 30, 2011. For an additional amount for ‘‘Operation and the purposes provided herein: Provided further, OTHER PROCUREMENT, AIR FORCE Maintenance, Marine Corps Reserve’’, That funds so transferred shall be merged with For an additional amount for ‘‘Other Procure- $30,775,000. and be available for the same purposes and for ment, Air Force’’, $1,802,083,000, to remain the same time period as the appropriation or OPERATION AND MAINTENANCE, AIR FORCE available until September 30, 2011. fund to which transferred: Provided further, RESERVE PROCUREMENT, DEFENSE-WIDE That the authority of the Secretary of Defense For an additional amount for ‘‘Procurement, For an additional amount for ‘‘Operation and to obligate or transfer funds pursuant to this Defense-Wide’’, $237,868,000, to remain available Maintenance, Air Force Reserve’’, $34,599,000. paragraph shall apply only to funds appro- until September 30, 2011. OPERATION AND MAINTENANCE, ARMY NATIONAL priated for such purposes in this Act (including GUARD funds appropriated by another paragraph of NATIONAL GUARD AND RESERVE EQUIPMENT For an additional amount for ‘‘Operation and this Act that are transferred to the ‘‘Pakistan For an additional amount for ‘‘National Maintenance, Army National Guard’’, Counterinsurgency Fund’’ by such other para- Guard and Reserve Equipment’’, $500,000,000, to $178,446,000. graph), and such authority shall not be contin- remain available until September 30, 2011: Pro- ued beyond the expiration date specified in the vided, That such funds may be used only to pro- AFGHANISTAN SECURITY FORCES FUND matter preceding the first proviso, except with cure high priority items of equipment that may For the ‘‘Afghanistan Security Forces Fund’’, respect to funds so transferred to the ‘‘Pakistan be used by reserve component units for combat $3,606,939,000, to remain available until Sep- Counterinsurgency Fund’’ by another para- missions and units’ missions in support of the tember 30, 2010: Provided, That such funds shall graph of this Act: Provided further, That the State governors: Provided further, That the be available to the Secretary of Defense, not- Secretary of Defense shall, not fewer than 15 Chiefs of the National Guard and of the Reserve withstanding any other provision of law, for the days prior to making transfers from this appro- components shall, not later than 60 days after purpose of allowing the Commander, Combined priation account, notify the Committees on Ap- the enactment of this Act, individually submit to Security Transition Command—Afghanistan, or propriations in writing of the details of any the congressional defense committees a listing of the Secretary’s designee, to provide assistance, such transfer. items of equipment to be procured for their re- with the concurrence of the Secretary of State, PROCUREMENT spective National Guard or Reserve component. to the security forces of Afghanistan, including MINE RESISTANT AMBUSH PROTECTED VEHICLE the provision of equipment, supplies, services, AIRCRAFT PROCUREMENT, ARMY FUND training, facility and infrastructure repair, ren- For an additional amount for ‘‘Aircraft Pro- ovation, and construction, and funding: Pro- curement, Army’’, $1,192,744,000, to remain (INCLUDING TRANSFER OF FUNDS) vided further, That the authority to provide as- available until September 30, 2011. For the ‘‘Mine Resistant Ambush Protected sistance under this heading is in addition to any MISSILE PROCUREMENT, ARMY Vehicle Fund’’, $4,543,000,000, to remain avail- other authority to provide assistance to foreign For an additional amount for ‘‘Missile Pro- able until September 30, 2010: Provided, That nations: Provided further, That contributions of curement, Army’’, $704,041,000, to remain avail- such funds shall be available to the Secretary of funds for the purposes provided herein from any able until September 30, 2011. Defense, notwithstanding any other provision of person, foreign government, or international or- PROCUREMENT OF WEAPONS AND TRACKED law, to procure, sustain, transport, and field ganization may be credited to this Fund and COMBAT VEHICLES, ARMY Mine Resistant Ambush Protected vehicles: Pro- used for such purposes: Provided further, That For an additional amount for ‘‘Procurement vided further, That the Secretary shall transfer the Secretary shall notify the congressional de- of Weapons and Tracked Combat Vehicles, such funds only to appropriations for operation fense committees in writing upon the receipt and Army’’, $1,983,971,000, to remain available until and maintenance; procurement; research, devel- upon the obligation of any contribution, delin- September 30, 2011. opment, test and evaluation; and defense work- eating the sources and amounts of the funds re- ing capital funds to accomplish the purpose pro- PROCUREMENT OF AMMUNITION, ARMY ceived and the specific use of such contribu- vided herein: Provided further, That this trans- For an additional amount for ‘‘Procurement tions: Provided further, That the Secretary of fer authority is in addition to any other transfer of Ammunition, Army’’, $230,075,000, to remain Defense shall, not fewer than 15 days prior to authority available to the Department of De- available until September 30, 2011. obligating from this appropriation account, no- fense: Provided further, That the Secretary tify the congressional defense committees in OTHER PROCUREMENT, ARMY shall, not fewer than 10 days prior to making writing of the details of any such obligation. For an additional amount for ‘‘Other Procure- transfers from this appropriation, notify the PAKISTAN COUNTERINSURGENCY FUND ment, Army’’, $7,113,742,000, to remain available congressional defense committees in writing of until September 30, 2011. the details of any such transfer. (INCLUDING TRANSFER OF FUNDS) AIRCRAFT PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND There is hereby established in the Treasury of For an additional amount for ‘‘Aircraft Pro- EVALUATION the United States the ‘‘Pakistan Counterinsur- curement, Navy’’, $636,669,000, to remain avail- gency Fund’’. For the ‘‘Pakistan Counterinsur- RESEARCH, DEVELOPMENT, TEST AND able until September 30, 2011. gency Fund’’, $400,000,000, to remain available EVALUATION, ARMY until September 30, 2010: Provided, That such WEAPONS PROCUREMENT, NAVY For an additional amount for ‘‘Research, De- funds shall be available to the Secretary of De- For an additional amount for ‘‘Weapons Pro- velopment, Test and Evaluation, Army’’, fense, with the concurrence of the Secretary of curement, Navy’’, $29,498,000, to remain avail- $52,935,000, to remain available until September State, notwithstanding any other provision of able until September 30, 2011. 30, 2010. law, for the purpose of allowing the Secretary of PROCUREMENT OF AMMUNITION, NAVY AND RESEARCH, DEVELOPMENT, TEST AND Defense, or the Secretary’s designee, to provide MARINE CORPS EVALUATION, NAVY assistance to Pakistan’s security forces; includ- For an additional amount for ‘‘Procurement For an additional amount for ‘‘Research, De- ing program management and the provision of of Ammunition, Navy and Marine Corps’’, velopment, Test and Evaluation, Navy’’, equipment, supplies, services, training, and $348,919,000, to remain available until September $136,786,000, to remain available until September funds; and facility and infrastructure repair, 30, 2011. 30, 2010. renovation, and construction to build the coun- OTHER PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND terinsurgency capability of Pakistan’s military For an additional amount for ‘‘Other Procure- EVALUATION, AIR FORCE and Frontier Corps, and of which up to ment, Navy’’, $197,193,000, to remain available For an additional amount for ‘‘Research, De- $2,000,000 shall be available to provide urgent until September 30, 2011. humanitarian assistance to the people of Paki- velopment, Test and Evaluation, Air Force’’, PROCUREMENT, MARINE CORPS stan only as part of civil-military training exer- $160,474,000, to remain available until September cises for Pakistani security forces receiving as- For an additional amount for ‘‘Procurement, 30, 2010. sistance under the ‘‘Pakistan Counterinsur- Marine Corps’’, $1,526,447,000, to remain avail- RESEARCH, DEVELOPMENT, TEST AND gency Fund’’ and to assist the Government of able until September 30, 2011. EVALUATION, DEFENSE-WIDE Pakistan in creating such a program beginning AIRCRAFT PROCUREMENT, AIR FORCE For an additional amount for ‘‘Research, De- in fiscal year 2010: Provided further, That the For an additional amount for ‘‘Aircraft Pro- velopment, Test and Evaluation, Defense- authority to provide assistance under this provi- curement, Air Force’’, $4,592,068,000, to remain Wide’’, $483,304,000, to remain available until sion is in addition to any other authority to pro- available until September 30, 2011. September 30, 2010.

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REVOLVING AND MANAGEMENT FUNDS SEC. 305. Supervision and administration costs ‘‘Operation and Maintenance, Marine Corps, DEFENSE WORKING CAPITAL FUNDS associated with a construction project funded 2009/2009’’, $54,466,000; ‘‘Operation and Maintenance, Air Force, 2009/ For an additional amount for ‘‘Defense Work- with appropriations available for operation and 2009’’, $925,203,000; ing Capital Funds’’, $861,726,000, to remain maintenance or ‘‘Afghanistan Security Forces ‘‘Operation and Maintenance, Defense-Wide, available until expended. Fund’’ provided in this title, and executed in direct support of the overseas contingency oper- 2009/2009’’, $267,635,000; OTHER DEPARTMENT OF DEFENSE ations in Iraq and Afghanistan, may be obli- ‘‘Operation and Maintenance, Army Reserve, PROGRAMS gated at the time a construction contract is 2009/2009’’, $23,338,000; DEFENSE HEALTH PROGRAM awarded: Provided, That for the purpose of this ‘‘Operation and Maintenance, Navy Reserve, For an additional amount for ‘‘Defense section, supervision and administration costs in- 2009/2009’’, $62,910,000; Health Program’’, $1,055,297,000, of which clude all in-house Government costs. ‘‘Operation and Maintenance, Marine Corps $845,508,000 is for operation and maintenance; of (INCLUDING RESCISSIONS) Reserve, 2009/2009’’, $1,250,000; which $50,185,000, to remain available until Sep- ‘‘Operation and Maintenance, Air Force Re- SEC. 306. (a)(1) Of the funds appropriated in serve, 2009/2009’’, $163,786,000; tember 30, 2011, is for procurement; and of chapter 2 of title IX of Public Law 110–252 which $159,604,000, to remain available until ‘‘Operation and Maintenance, Army National under the heading, ‘‘Iraq Security Forces Guard, 2009/2009’’, $57,819,000; September 30, 2010, is for research, development, Fund’’, $1,000,000,000 is rescinded. test and evaluation: Provided, That up to ‘‘Operation and Maintenance, Air National (2) For an additional amount for ‘‘Iraq Secu- Guard, 2009/2009’’, $250,645,000; $14,360,000,000 appropriated for operation and rity Forces Fund’’, $1,000,000,000, to remain maintenance under this heading or any prior ‘‘Aircraft Procurement, Army, 2009/2011’’, available until September 30, 2010: Provided, $22,600,000; Act may be available for contracts entered into That funds may not be obligated or transferred under the Tricare program. ‘‘Procurement of Ammunition, Army, 2009/ from this fund until 15 days after the date on 2011’’, $107,100,000; DRUG INTERDICTION AND COUNTER-DRUG which the Secretary of Defense notifies the con- ‘‘Other Procurement, Army, 2009/2011’’, ACTIVITIES, DEFENSE gressional defense committees in writing of the $245,000,000; (INCLUDING TRANSFER OF FUNDS) details of the proposed obligation or transfer. ‘‘Procurement, Marine Corps, 2009/2011’’, For an additional amount for ‘‘Drug Interdic- (b) Notwithstanding any other provision of $10,300,000; tion and Counter-Drug Activities, Defense’’, this Act, each amount in this section is des- ‘‘Other Procurement, Air Force, 2009/2011’’, $120,398,000, to remain available until September ignated as an emergency requirement and nec- $17,500,000; 30, 2010. essary to meet emergency needs pursuant to sec- ‘‘Procurement, Defense-Wide, 2009/2011’’, tions 403(a) and 423(b) of S. Con. Res. 13 (111th JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT $6,400,000; Congress), the concurrent resolution on the FUND ‘‘Research, Development, Test and Evalua- budget for fiscal year 2010. tion, Army, 2009/2010’’, $187,710,000; For an additional amount for ‘‘Joint Impro- SEC. 307. Funds made available in this title to ‘‘Research, Development, Test and Evalua- vised Explosive Device Defeat Fund’’, the Department of Defense for operation and tion, Navy, 2009/2010’’, $217,060,000; and $1,116,746,000, to remain available until Sep- maintenance may be used to purchase items ‘‘Research, Development, Test and Evalua- tember 30, 2011. having an investment unit cost of not more than tion, Air Force, 2009/2010’’, $287,567,000. OFFICE OF THE INSPECTOR GENERAL $250,000: Provided, That upon determination by (INCLUDING TRANSFER OF FUNDS) the Secretary of Defense that such action is nec- For an additional amount for ‘‘Office of the SEC. 310. (a) RETROACTIVE STOP-LOSS SPECIAL essary to meet the operational requirements of a Inspector General’’, $9,551,000. PAY COMPENSATION TO ELIGIBLE CLAIMANTS.— Commander of a Combatant Command engaged GENERAL PROVISIONS—THIS TITLE In addition to the amounts appropriated or oth- in contingency operations overseas, such funds erwise made available elsewhere in this Act, SEC. 301. Notwithstanding any other provision may be used to purchase items having an invest- $534,400,000 is appropriated to the Department of law, funds made available in this title are in ment item unit cost of not more than $500,000: of Defense, to remain available for obligation addition to amounts appropriated or otherwise Provided further, That the Secretary shall re- until expended: Provided, That such funds shall made available for the Department of Defense port to the Congress all purchases made pursu- be available to the Secretaries of the military de- for fiscal year 2009. ant to this authority within 30 days of using the partments only to make payment of claims speci- (INCLUDING TRANSFER OF FUNDS) authority. fied in subsection (b) to members of the Armed SEC. 302. Upon the determination of the Sec- SEC. 308. From funds made available in this Forces, including members of the reserve compo- retary of Defense that such action is necessary title, the Secretary of Defense may purchase nents, and former and retired members under in the national interest, the Secretary may motor vehicles for use by military and civilian the jurisdiction of the Secretary who, at any transfer between appropriations up to employees of the Department of Defense in Iraq time during the period beginning on September $2,500,000,000 of the funds made available to the and Afghanistan, up to a limit of $75,000 per ve- 11, 2001, and ending on September 30, 2009, Department of Defense in this title: Provided, hicle, notwithstanding other limitations applica- served on active duty while the members’ enlist- That the Secretary shall notify the Congress ble to passenger carrying motor vehicles. ment or period of obligated service was ex- promptly of each transfer made pursuant to the (RESCISSIONS) tended, or whose eligibility for retirement was authority in this section: Provided further, That SEC. 309. Of the funds appropriated in De- suspended, pursuant to section 123 or 12305 of the authority provided in this section is in addi- partment of Defense Appropriations Acts, the title 10, United States Code, or any other provi- tion to any other transfer authority available to following funds are hereby rescinded from the sion of law (commonly referred to as a ‘‘stop- the Department of Defense and is subject to the following accounts and programs in the speci- loss authority’’) authorizing the President to ex- same terms and conditions as the authority pro- fied amounts: Provided, That none of the tend an enlistment or period of obligated service, vided in section 8005 of the Department of De- amounts may be rescinded from amounts that or suspend an eligibility for retirement, of a fense Appropriations Act, 2009 (division C of were designated by the Congress as an emer- member of the uniformed services in time of war Public Law 110–329) except for the fourth pro- gency requirement pursuant to a Concurrent or of national emergency declared by Congress viso. Resolution on the Budget or the Balanced or the President. SEC. 303. Funds appropriated by this Act, or Budget and Emergency Deficit Control Act of (b) CLAIMS SUBMISSION REQUIRED.—Claims for made available by the transfer of funds in this 1985, as amended: retroactive Stop-Loss Special Pay compensation Act, for intelligence activities are deemed to be ‘‘Procurement, Marine Corps, 2007/2009’’, under this section shall be submitted to the Sec- specifically authorized by the Congress for pur- $54,400,000; retary of the Military Department concerned not poses of section 504(a)(1) of the National Secu- ‘‘Other Procurement, Army, 2008/2010’’, later than 1 year after the date on which the im- rity Act of 1947 (50 U.S.C. 414(a)(1)). $29,300,000; plementing rules of subsection (d) take effect. (INCLUDING TRANSFER OF FUNDS) ‘‘Procurement, Marine Corps, 2008/2010’’, Notwithstanding any other provision of law, the SEC. 304. During fiscal year 2009 and from $10,300,000; Secretaries of the military departments may not funds in the ‘‘Defense Cooperation Account’’, as ‘‘Aircraft Procurement, Air Force, 2008/2010’’, pay claims that are submitted more than 1 year established by 10 U.S.C. 2608, the Secretary of $44,000,000; after the date on which the implementing rules Defense may transfer not to exceed $6,500,000 to ‘‘Research, Development, Test and Evalua- of subsection (d) take effect. such appropriations or funds of the Department tion, Navy, 2008/2009’’, $11,300,000; (c) PAYMENT AMOUNT.—The amount to be of Defense as the Secretary shall determine for ‘‘Research, Development, Test and Evalua- paid under subsection (a) to or on behalf of an use consistent with the purposes for which such tion, Air Force, 2008/2009’’, $36,107,000; eligible member, retired member, or former mem- funds were contributed and accepted: Provided, ‘‘Research, Development, Test and Evalua- ber described in such subsection shall be $500 That such amounts shall be available for the tion, Defense-Wide, 2008/2009’’, $169,124,000; per month for each month or portion of a month same time period as the appropriation to which ‘‘Operation and Maintenance, Army, 2009/ during the period specified in such subsection transferred: Provided further, That the Sec- 2009’’, $352,359,000; that the member was retained on active duty as retary shall report to the Congress all transfers ‘‘Operation and Maintenance, Navy, 2009/ a result of application of the stop-loss author- made pursuant to this authority. 2009’’, $881,481,000; ity.

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(d) RULEMAKING.—Not later than 120 days Act shall be obligated or expended by the United ‘‘(1) ‘Iraq Security Forces Fund’. after the date of enactment of this Act, the Sec- States Government for the purpose of estab- ‘‘(2) ‘Afghanistan Security Forces Fund’. retary of Defense shall issue rules to expedite lishing any military installation or base for the ‘‘(3) ‘Pakistan Counterinsurgency Fund’.’’. the payment of claims under subsection (b). purpose of providing for the permanent sta- (d) EFFECTIVE DATE.—The amendments made (e) TREATMENT OF DECEASED MEMBERS.—If tioning of United States Armed Forces in Af- by this section shall take effect on the date of an eligible member, retired member, or former ghanistan. the enactment of this Act. member described in subsection (a) dies before SEC. 316. (a) REPORT ON IRAQ TROOP DRAW- SEC. 318. (a) Section 1174(h)(1) of title 10, the payment required by this section is made, DOWN STATUS, GOALS, AND TIMETABLE.—In rec- United States Code, is amended to read as fol- the Secretary concerned shall make the payment ognition and support of the policy of President lows: in accordance with section 2771 of title 10, Barack Obama to withdraw all United States ‘‘(1) A member who has received separation United States Code. combat brigades from Iraq by August 31, 2010, pay under this section, or separation pay, sever- (f) EXCLUSION OF CERTAIN FORMER MEM- and all United States military forces from Iraq ance pay, or readjustment pay under any other BERS.—A former member of the Armed Forces is on December 31, 2011, Congress directs the Sec- provision of law, based on service in the armed not eligible for a payment under this section if retary of Defense (in consultation with other forces, and who later qualifies for retired or re- the former member was discharged or released members of the National Security Council) to tainer pay under this title or title 14 shall have from the Armed Forces under other than honor- prepare a report that identifies troop drawdown deducted from each payment of such retired or able conditions. status and goals and includes— retainer pay an amount, in such schedule of (g) RELATION TO OTHER STOP-LOSS SPECIAL (1) a detailed, month-by-month description of monthly installments as the Secretary of De- PAY.—A member, retired member, or former the transition of United States military forces fense shall specify, taking into account the fi- member may not receive a payment under this and equipment out of Iraq; and nancial ability of the member to pay and avoid- section and stop-loss special pay under section (2) a detailed, month-by-month description of ing the imposition of undue financial hardship 8116 of the Department of Defense Appropria- the transition of United States contractors out on the member and member’s dependents, until tions Act, 2009 (division C of Public Law 110– of Iraq. the total amount deducted is equal to the total 329; 122 Stat. 3646) for the same month or por- (b) ELEMENTS OF REPORT.—At a minimum, the amount of separation pay, severance pay, and tion of a month during which the member was Secretary of Defense shall address the following: readjustment pay so paid.’’. retained on active duty as a result of applica- (1) How the Government of Iraq is assuming (b) Section 1175(e)(3)(A) of title 10, United tion of the stop-loss authority. the responsibility for reconciliation initiatives as States Code, is amended to read as follows: (h) REPORT ON EXECUTION.—The Secretary of the mission of the United States Armed Forces ‘‘(3)(A) A member who has received the vol- Defense shall provide a report to the congres- transitions. untary separation incentive and who later sional defense committees on the implementation (2) How the drawdown of military forces com- qualifies for retired or retainer pay under this of the retroactive stop-loss benefit. The report plies with the President’s planned withdrawal title shall have deducted from each payment of shall include the following: the number of of combat brigades by August 31, 2010, and all such retired or retainer pay an amount, in such claims filed, the number of claims approved, the United States forces by December 31, 2011. schedule of monthly installments as the Sec- number of claims denied, the number of claims (3) The roles and responsibilities of remaining retary of Defense shall specify, taking into ac- still pending, the amount of funding that has contractors in Iraq as the United States mission count the financial ability of the member to pay been obligated, the amount of funding still evolves, including the anticipated number of and avoiding the imposition of undue financial available for this purpose, and the average pay- United States contractors to remain in Iraq after hardship on the member and member’s depend- ment provided. This report is due 1 year after August 31, 2010, and December 31, 2011. ents, until the total amount deducted is equal to the date on which the implementing rules of (c) SUBMISSION.— the total amount of voluntary separation incen- subsection (d) take effect, and every 6 months (1) Not later than 90 days after the date of en- tive so paid. If the member elected to have a re- thereafter until all funding provided for this actment of this Act, and every 90 days there- duction in voluntary separation incentive for purpose has been obligated and all submitted after through September 30, 2010, the Secretary any period pursuant to paragraph (2), the de- claims have been processed. of Defense shall submit the report required by duction required under the preceding sentence SEC. 311. (a) Section 132 of the National De- subsection (a) and a classified annex to the re- shall be reduced as the Secretary of Defense fense Authorization Act for Fiscal Year 2004 port, as necessary. shall specify.’’. (Public Law 108–136; 117 Stat. 1392) is repealed. (2) The Secretary may submit the report re- (c) EFFECTIVE DATE.—The amendments made (b) Notwithstanding any other provision of quired by subsection (a) separately as provided by this section shall apply to any repayments of law, the Secretary of the Air Force may retire C– in paragraph (1) or include the information re- separation pay, severance pay, readjustment 5A aircraft from the inventory of the Air Force quired by this report when submitting reports pay, special separation benefit, or voluntary 15 days after certifying to the congressional de- required of the Secretary under section 9204 of separation incentive, that occur on or after the fense committees that retiring the aircraft will the Supplemental Appropriations Act, 2008 date of enactment, including any ongoing re- not significantly increase operational risk of not (Public Law 110–252; 122 Stat. 2410). payment actions that were initiated prior to this meeting the National Defense Strategy, provided (d) EXTENSION OF RELATED REPORTING RE- amendment. that such retirements may not reduce total stra- QUIREMENT.—Section 9204(a) of the Supple- SEC. 319. (a) REPORTS REQUIRED.—Not later tegic airlift force structure inventory below the mental Appropriations Act, 2008 is amended by than 60 days after the date of the enactment of 292 strategic airlift aircraft level identified in striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal this Act and every 90 days thereafter, the Presi- the Mobility Capability Study 2005 (MCS–05) year 2010’’. dent shall submit to the members and committees unless otherwise addressed in the fiscal year SEC. 317. (a) REPEAL OF SECRETARY OF DE- of Congress specified in subsection (b) a report 2010 National Defense Authorization Act. FENSE REPORTS ON TRANSITION READINESS OF on the prisoner population at the detention fa- SEC. 312. None of the funds appropriated or IRAQ AND AFGHAN SECURITY FORCES.—Sub- cility at Naval Station Guantanamo Bay, Cuba. otherwise made available by this title may be ob- section (a) of section 9205 of Public Law 110–252 (b) SPECIFIED MEMBERS AND COMMITTEES OF ligated or expended to provide award fees to any (122 Stat. 2412) is repealed. CONGRESS.—The members and committees of defense contractor contrary to the provisions of (b) MODIFICATION OF REPORTS ON USE OF Congress specified in this subsection are the fol- section 814 of the National Defense Authoriza- CERTAIN SECURITY FORCES FUNDS.— lowing: tion Act, Fiscal Year 2007 (Public Law 109–364). (1) PREPARATION IN CONSULTATION WITH COM- (1) The majority leader and minority leader of SEC. 313. None of the funds provided in this MANDER OF CENTCOM.—Subsection (b)(1) of such the Senate. title may be used to finance programs or activi- section is amended by inserting ‘‘the Com- (2) The Chairman and Ranking Member on ties denied by Congress in fiscal years 2008 or mander of the United States Central Com- the Committee on Armed Services of the Senate. 2009 appropriations to the Department of De- mand;’’ after ‘‘the Secretary of Defense;’’. (3) The Chairman and Vice Chairman of the fense or to initiate a procurement or research, (2) PERIOD OF REPORTS.—Such subsection is Select Committee on Intelligence of the Senate. development, test and evaluation new start pro- further amended by striking ‘‘not later than 120 (4) The Chairman and Vice Chairman of the gram without prior written notification to the days after the date of the enactment of this Act Committee on Appropriations of the Senate. congressional defense committees. and every 90 days thereafter’’ and inserting (5) The Speaker of the House of Representa- SEC. 314. None of the funds appropriated or ‘‘not later than 45 days after the end of each tives. otherwise made available by this or any other fiscal year quarter’’. (6) The minority leader of the House of Rep- Act shall be obligated or expended by the United (3) FUNDS COVERED BY REPORTS.—Such sub- resentatives. States Government for a purpose as follows: section is further amended by striking ‘‘and ‘Af- (7) The Chairman and Ranking Member on (1) To establish any military installation or ghanistan Security Forces Fund’ ’’ and inserting the Committee on Armed Services of the House base for the purpose of providing for the perma- ‘‘, ‘Afghanistan Security Forces Fund’, and of Representatives. nent stationing of United States Armed Forces ‘Pakistan Counterinsurgency Fund’ ’’. (8) The Chairman and Vice Chairman of the in Iraq. (c) NOTICE NEW PROJECTS AND TRANSFERS OF Permanent Select Committee on Intelligence of (2) To exercise United States control over any FUNDS.—Subsection (c) of such section is the House of Representatives. oil resource of Iraq. amended by striking ‘‘the headings’’ and all (9) The Chairman and Ranking Member of the SEC. 315. None of the funds appropriated or that follows and inserting ‘‘the headings as fol- Committee on Appropriations of the House of otherwise made available by this or any other lows: Representatives.

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(c) MATTERS TO BE INCLUDED.—Each report further, That the Assistant Secretary of the (C) by inserting after paragraph (6) (as redes- submitted under subsection (a) shall include the Army for Civil Works shall provide a monthly ignated by subparagraph (A)) the following: following: report to the Committees on Appropriations of ‘‘(7) TENANTS HARBOR, MAINE.—The project (1) The name and country of origin of each the House of Representatives and the Senate de- for navigation, Tenants Harbor, Maine, author- detainee at the detention facility at Naval Sta- tailing the allocation and obligation of these ized by the first section of the Act of March 2, tion Guantanamo Bay, Cuba, as of the date of funds, beginning not later than 60 days after 1919 (40 Stat. 1275).’’; and such report. enactment of this Act. (2) in subsection (h)— (2) A current summary of the evidence, intel- DEPARTMENT OF ENERGY (A) by striking paragraphs (15) and (16); and ligence, and information used to justify the de- ENERGY PROGRAMS tention of each detainee listed under paragraph (B) by redesignating paragraphs (17) through STRATEGIC PETROLEUM RESERVE (1) at Naval Station Guantanamo Bay. (29) as paragraphs (15) through (27), respec- (3) A current accounting of all the measures (TRANSFER OF FUNDS) tively. For an additional amount for ‘‘Strategic Pe- taken to transfer each detainee listed under (b) EFFECTIVE DATE.—The amendments made troleum Reserve’’, $21,585,723, to remain avail- paragraph (1) to the individual’s country of citi- by subsection (a) shall take effect as if included able until expended, to be derived by transfer zenship or another country. in the Water Resources Development Act of 2007 from the ‘‘SPR Petroleum Account’’ for site (4) A current description of the number of in- (Public Law 110–114; 121 Stat. 1041). dividuals released or transferred from detention maintenance activities. at Naval Station Guantanamo Bay who are con- ATOMIC ENERGY DEFENSE ACTIVITIES CORPS OF ENGINEERS REPROGRAMMING firmed or suspected of returning to terrorist ac- NATIONAL NUCLEAR SECURITY ADMINISTRATION AUTHORITY tivities after release or transfer from Naval Sta- WEAPONS ACTIVITIES SEC. 404. Unlimited reprogramming authority tion Guantanamo Bay. is granted to the Secretary of the Army for (5) An assessment of any efforts by al Qaeda For an additional amount for ‘‘Weapons Ac- tivities’’, $30,000,000, to remain available until funds provided in title IV—Energy and Water to recruit detainees released from detention at Development of Public Law 111–5 under the Naval Station Guantanamo Bay. expended, to be divided among the three national security laboratories of Livermore, Sandia heading ‘‘Department of Defense—Civil, Depart- (d) ADDITIONAL MATTERS TO BE INCLUDED IN and Los Alamos and other entities to fund a ment of the Army, Corps of Engineers—Civil’’. INITIAL REPORT.—The first report submitted under subsection (a) shall also include the fol- sustainable capability to analyze nuclear and BUREAU OF RECLAMATION REPROGRAMMING lowing: biological weapons intelligence: Provided, That AUTHORITY (1) A description of the process that was pre- the Secretary of Energy, in cooperation with the Director of National Intelligence, shall provide a SEC. 405. Unlimited reprogramming authority viously used for screening the detainees de- is granted to the Secretary of the Interior for scribed by subsection (c)(4) prior to their release written report to the Appropriations Committees of the House of Representatives and the Senate, funds provided in title IV—Energy and Water or transfer from detention at Naval Station Development of Public Law 111–5 under the Guantanamo Bay, Cuba. the Armed Services Committees of the House of Representatives and the Senate, the Permanent heading ‘‘Bureau of Reclamation, Water and (2) An assessment of the adequacy of that Related Resources’’. screening process for reducing the risk that de- Select Committee on Intelligence of the House of Representatives, and the Select Committee on tainees previously released or transferred from COST ANALYSIS OF TRITIUM PROGRAM CHANGES Naval Station Guantanamo Bay would return to Intelligence of the Senate within 90 days of en- SEC. 406. No funds in this Act, or other pre- terrorist activities after release or transfer from actment of this Act on how the Department of Energy will invest these resources to sustain vious Acts, shall be provided to fund activities Naval Station Guantanamo Bay. related to the mission relocation of either the de- (3) An assessment of lessons learned from pre- technical and core analytical capabilities. DEFENSE NUCLEAR NONPROLIFERATION sign authority for the gas transfer systems or vious releases and transfers of individuals who tritium research and development facilities dur- For an additional amount for ‘‘Defense Nu- returned to terrorist activities for reducing the ing the current fiscal year and until the Depart- clear Nonproliferation’’, $55,000,000, to remain risk that detainees released or transferred from ment can provide the Senate Appropriations available until expended. Naval Station Guantanamo Bay will return to Committee an independent technical mission re- terrorist activities after their release or transfer. GENERAL PROVISIONS—THIS TITLE view and cost analysis by the JASON’s as pro- TITLE IV LIMITED TRANSFER AUTHORITY posed in the Complex Transformation Site-Wide DEPARTMENT OF DEFENSE—CIVIL SEC. 401. Section 403 of title IV of division A Programmatic Environmental Impact Statement. of the American Recovery and Reinvestment Act DEPARTMENT OF THE ARMY CORPS OF ENGINEERS PROJECT COST CEILING of 2009 (Public Law 111–5) is amended by strik- CORPS OF ENGINEERS—CIVIL INCREASE ing all of the text and inserting the following: OPERATION AND MAINTENANCE ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. SEC. 407. The project for ecosystem restora- For an additional amount for ‘‘Operation and ‘‘The Secretary of Energy may transfer up to tion, Upper Newport Bay, California, author- Maintenance’’ to dredge navigation channels 0.5 percent from each amount appropriated to ized by section 101(b)(9) of the Water Resources and repair damage to Corps projects nationwide the Department of Energy in this title to any Development Act of 2000 (114 Stat. 2577), is related to natural disasters, $42,875,000, to re- other appropriate account within the Depart- modified to authorize the Secretary to construct main available until expended: Provided, That ment of Energy, to be used for management and the project at a total cost of $50,659,000, with an the Assistant Secretary of the Army for Civil oversight activities: Provided, That the Sec- estimated Federal cost of $32,928,000 and a non- Works shall provide a monthly report to the retary shall provide a report to the Committees Federal cost of $17,731,000. Committees on Appropriations of the House of on Appropriations of the House of Representa- TITLE 17 INNOVATIVE TECHNOLOGY LOAN Representatives and the Senate detailing the al- tives and the Senate 15 days prior to any trans- GUARANTEE PROGRAM location and obligation of these funds, begin- fer: Provided further, That any funds so trans- ning not later than 60 days after enactment of ferred under this section shall remain available SEC. 408. The matter under the heading ‘‘Title this Act. for obligation until September 30, 2012.’’. 17 Innovative Technology Loan Guarantee Pro- FLOOD CONTROL AND COASTAL EMERGENCIES WAIVER OF FEDERAL EMPLOYMENT gram’’ of title III of division C of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 For an additional amount for ‘‘Flood Control REQUIREMENTS Stat. 619) is amended in the ninth proviso— and Coastal Emergencies’’, as authorized by sec- SEC. 402. Section 4601(c)(1) of the Atomic En- tion 5 of the Act of August 18, 1941 (33 U.S.C. ergy Defense Act (50 U.S.C. 2701(c)(1)) is amend- (1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; 701n), for necessary expenses relating to the ed by striking ‘‘September 30, 2008’’ and insert- and consequences of natural disasters as authorized ing ‘‘September 30, 2009’’. (2) by striking ‘‘the guarantee’’ and inserting by law, $754,290,000, to remain available until CORPS OF ENGINEERS TECHNICAL FIX ‘‘the guarantee; (e) contracts, leases or other expended: Provided, That the Secretary of the SEC. 403. (a) IN GENERAL.—Section 3181 of the agreements entered into prior to May 1, 2009 for Army is directed to use $315,290,000 of the funds Water Resources Development Act of 2007 (Pub- front-end nuclear fuel cycle projects, where appropriated under this heading to support lic Law 110–114; 121 Stat. 1158) is amended— such project licenses technology from the De- emergency operations, to repair eligible projects (1) in subsection (a)— partment of Energy, and pays royalties to the nationwide, and for other activities in response (A) by redesignating paragraphs (4) through federal government for such license and the to natural disasters: Provided further, That the (11) as paragraphs (5), (6), (8), (9), (10), (11), amount of such royalties will exceed the amount Secretary of the Army is directed to use (12), and (13), respectively; of federal spending, if any, under such con- $439,000,000 of the amount provided under this (B) by inserting after paragraph (3) the fol- tracts, leases or agreements; or (f) grants or co- heading for barrier island restoration and eco- lowing: operative agreements, to the extent that obliga- system restoration to restore historic levels of ‘‘(4) NORTHEAST HARBOR, MAINE.—The project tions of such grants or cooperative agreements storm damage reduction to the Mississippi Gulf for navigation, Northeast Harbor, Maine, au- have been recorded in accordance with section Coast: Provided further, That this work shall be thorized by section 2 of the Act of March 2, 1945 1501(a)(5) of title 31, United States Code, on or carried out at full Federal expense: Provided (59 Stat. 12).’’; and before May 1, 2009’’.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14970 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 TITLE V ‘‘(A) any insured’’; and be for Coast Guard operations in support of Op- EXECUTIVE OFFICE OF THE PRESIDENT (3) by striking the period at the end and in- eration Iraqi Freedom and Operation Enduring AND FUNDS APPROPRIATED TO THE serting the following: ‘‘; and Freedom; and of which $10,000,000 shall be PRESIDENT ‘‘(B) any nondepository institution operating available until September 30, 2010, for High En- in such State, shall be equal to not more than durance Cutter maintenance, major repairs, and NATIONAL SECURITY COUNCIL the greater of the State’s maximum lawful an- improvements. SALARIES AND EXPENSES nual percentage rate or 17 percent— FEDERAL EMERGENCY MANAGEMENT AGENCY For an additional amount for ‘‘Salaries and ‘‘(i) to facilitate the uniform implementation STATE AND LOCAL PROGRAMS Expenses’’, $2,936,000, of which $800,000 shall re- of federally mandated or federally established For an additional amount for ‘‘State and main available until expended and $2,136,000 programs and financings related thereto, includ- Local Programs’’, $30,000,000 shall be for Oper- shall remain available until September 30, 2010. ing— ation Stonegarden. THE JUDICIARY ‘‘(I) uniform accessibility of student loans, in- GENERAL PROVISIONS—THIS TITLE COURTS OF APPEALS, DISTRICT COURTS, AND cluding the issuance of qualified student loan SEC. 601. Notwithstanding sections 12112, OTHER JUDICIAL SERVICES bonds as set forth in section 144(b) of the Inter- nal Revenue Code of 1986; 55102, and 55103 of title 46, United States Code, SALARIES AND EXPENSES ‘‘(II) the uniform accessibility of mortgage the Secretary of the department in which the (INCLUDING TRANSFER OF FUNDS) loans, including the issuance of qualified mort- Coast Guard is operating shall issue a certificate For an additional amount for ‘‘Salaries and gage bonds and qualified veterans’ mortgage of documentation with appropriate endorsement Expenses’’, $10,000,000, to remain available until bonds as set forth in section 143 of such Code; for engaging in the coastwise trade in the State September 30, 2010: Provided, That notwith- ‘‘(III) the uniform accessibility of safe and af- of Alabama for the drydock ALABAMA (United standing section 302 of division D of Public Law fordable housing programs administered or sub- States official number 641504). 111–8, funding shall be available for transfer be- ject to review by the Department of Housing and SEC. 602. Notwithstanding sections 55101, tween Judiciary accounts to meet increased Urban Development, including— 55103, and 12112 of title 46, United States Code, workload requirements resulting from immigra- ‘‘(aa) the issuance of exempt facility bonds for the Secretary of the department in which the tion and other law enforcement initiatives. qualified residential rental property as set forth Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement INDEPENDENT AGENCIES in section 142(d) of such Code; ‘‘(bb) the issuance of low income housing tax for the vessel MARYLAND INDEPENDENCE FINANCIAL CRISIS INQUIRY COMMISSION credits as set forth in section 42 of such Code, to (official number 662573). The coastwise endorse- SALARIES AND EXPENSES facilitate the uniform accessibility of provisions ment issued under authority of this section is For the necessary expenses of the Financial of the American Recovery and Reinvestment Act terminated if— (1) the vessel, or controlling interest in the Crisis Inquiry Commission established pursuant of 2009; and person that owns the vessel, is conveyed after to section 5 of the Fraud Enforcement and Re- ‘‘(cc) the issuance of bonds and obligations covery Act of 2009 (Public Law 111–21), the date of enactment of this Act; or issued under that Act, to facilitate economic de- (2) any repairs or alterations are made to the $8,000,000, to remain available until February velopment, higher education, and improvements vessel outside of the United States. 15, 2011. to infrastructure, and the issuance of bonds and (INCLUDING RESCISSION OF FUNDS) SECURITIES AND EXCHANGE COMMISSION obligations issued under any provision of law to SEC. 603. (a) RESCISSION.—Of amounts pre- SALARIES AND EXPENSES further the same; and ‘‘(ii) to facilitate interstate commerce gen- viously made available from ‘‘Federal Emer- For an additional amount for necessary ex- erally, including consumer loans, in the case of gency Management Agency, Disaster Relief’’ to penses for the Securities and Exchange Commis- any person or governmental entity (other than a the State of Mississippi pursuant to section 404 sion, $10,000,000, to remain available until Sep- depository institution subject to subparagraph of the Robert T. Stafford Disaster Relief and tember 30, 2010, for investigation of securities (A) and paragraph (2)).’’. Emergency Assistance Act (42 U.S.C. 5170c) for fraud. (b) EFFECTIVE PERIOD.—The amendments Hurricane Katrina, an additional $100,000,000 GENERAL PROVISIONS—THIS TITLE made by subsection (a) shall apply with respect are rescinded. SEC. 501. (a) IN GENERAL.—Section 3(c)(2)(A) to contracts consummated during the period be- (b) APPROPRIATION.—For ‘‘Federal Emergency of Public Law 110–428 is amended— ginning on the date of enactment of this Act Management Agency, State and Local Pro- (1) in the matter before clause (i), by striking and ending on December 31, 2010. grams’’, there is appropriated an additional $100,000,000, to remain available until expended, ‘‘4-year’’ and inserting ‘‘5-year’’; and TITLE VI (2) in clause (i), by striking ‘‘1-year’’ and infor a grant to the State of Mississippi for an serting ‘‘2-year’’. DEPARTMENT OF HOMELAND SECURITY interoperable communications system required (b) EFFECTIVE DATE.—The amendments made U.S. CUSTOMS AND BORDER PROTECTION in the aftermath of Hurricane Katrina. SEC. 604. The Department of Homeland Secu- by subsection (a) shall take effect as if included SALARIES AND EXPENSES in the enactment of Public Law 110–428. rity Appropriations Act, 2009 (Public Law 110– For an additional amount for ‘‘Salaries and 329) is amended under the heading ‘‘Federal SEC. 502. The fourth proviso under the head- Expenses’’, $46,200,000, to remain available until ing ‘‘District of Columbia Funds’’ of title IV of Emergency Management Agency, Management September 30, 2010, of which $6,200,000 shall be and Administration’’ after ‘‘the Robert T. Staf- division D of the Omnibus Appropriations Act, for the care, treatment, and transportation of 2009 (Public Law 111–8; 123 Stat. 655) is amend- ford Disaster Relief and Emergency Assistance unaccompanied alien children; and of which Act (42 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro ed by striking ‘‘and such title’’ and inserting ‘‘, $40,000,000 shall be for response to border secu- as amended by laws enacted pursuant to section Grande Fire Assistance Act of 2000 (division C, rity issues on the Southwest border of the title I, 114 Stat. 583),’’. 442(c) of the District of Columbia Home Rule Act United States. of 1973, approved December 24, 1973 (87 Stat. SEC. 605. Notwithstanding any provision 798), and such title, as amended,’’. AIR AND MARINE INTERDICTION, OPERATIONS, under (a)(1)(A) of 15 U.S.C. 2229a specifying SEC. 503. Title V of division D of the Omnibus MAINTENANCE, AND PROCUREMENT that grants must be used to increase the number Appropriations Act, 2009 (Public Law 111–8) is For an additional amount for ‘‘Air and Ma- of firefighters in fire departments, the Secretary amended under the heading ‘‘Federal Commu- rine Interdiction, Operations, Maintenance, and of Homeland Security may, in making grants de- nications Commission’’ by striking the first pro- Procurement’’, $5,000,000, to remain available scribed under 15 U.S.C. 2229a for fiscal year 2009 viso and inserting the following: ‘‘Provided, until September 30, 2010, for response to border or fiscal year 2010, grant waivers from the re- That of the funds provided, not less than security issues on the Southwest border of the quirements of subsection (a)(1)(B), subsection $3,000,000 shall be available for developing a na- United States. (c)(1), subsection (c)(2), and subsection (c)(4)(A), and may award grants for the hiring, tional broadband plan pursuant to title VI of di- U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT vision B of the American Recovery and Rein- rehiring, or retention of firefighters. SALARIES AND EXPENSES EC. 606. The Administrator of the Federal vestment Act of 2009 (Public Law 111–5) and for S Emergency Management Agency shall extend carrying out any other responsibility pursuant For an additional amount for ‘‘Salaries and through March 2010 reimbursement of State-run to that title:’’. Expenses’’, $66,800,000, to remain available until September 30, 2010, of which $11,800,000 shall be case management programs related to Hurri- EXTENSION OF LIMITATIONS for the care, treatment, and transportation of canes Katrina and Rita for individuals in such SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of unaccompanied alien children; and of which programs on April 30, 2009. the Federal Deposit Insurance Act (12 U.S.C. $55,000,000 shall be for response to border secu- SEC. 607. Section 552 of division E of the Con- 1831u(f)(1)) is amended— rity issues on the Southwest border of the solidated Appropriations Act, 2008 (Public Law (1) by redesignating subparagraphs (A) and United States. 110–161) is amended by striking ‘‘local edu- (B) as clauses (i) and (ii), respectively, and mov- cational agencies’’ and inserting ‘‘primary or COAST GUARD ing the margins 2 ems to the right; secondary school sites’’ and by inserting ‘‘and (2) by striking ‘‘evidence of debt by any in- OPERATING EXPENSES section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. sured’’ and inserting the following: ‘‘evidence of For an additional amount for ‘‘Operating Ex- SEC. 608. For purposes of qualification for debt by— penses’’, $139,503,000; of which $129,503,000 shall loans made under the Disaster Assistance Direct

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14971 Loan Program as allowed under Public Law GENERAL PROVISION—THIS TITLE assist international efforts and respond to inter- 111–5 relating to disaster declaration FEMA– SEC. 701. Public Law 111–8, division E, title national needs, $5,800,000,000, to remain avail- 1791–DR (issued September 13, 2008) the base pe- III, Department of Health and Human Services, able until expended: Provided, That products riod for tax determining loss of revenue may be Agency for Toxic Substances and Disease Reg- purchased with these funds may, at the discre- fiscal year 2009 or fiscal year 2010. istry, Toxic Substances and Environmental Pub- tion of the Secretary of Health and Human SEC. 609. (a) FEDERAL SHARE OF DISASTER AS- lic Health is amended by inserting ‘‘per eligible Services, be deposited in the Strategic National SISTANCE.—Notwithstanding any other provision employee’’ after ‘‘$1,000’’. Stockpile under section 319F–2 of the Public of law, including any agreement, the Federal Health Service Act: Provided further, That TITLE VIII share of assistance, including direct Federal as- funds provided in this paragraph shall be avail- sistance provided under section 406 of the Rob- DEPARTMENT OF HEALTH AND HUMAN able for obligation only in the amounts desert T. Stafford Disaster Relief and Emergency SERVICES ignated by the President in one or more written Assistance Act (42 U.S.C. 5172), for damages re- ADMINISTRATION FOR CHILDREN AND FAMILIES notices to the Congress as emergency funds resulting from Hurricane Ike (FEMA–1791–DR REFUGEE AND ENTRANT ASSISTANCE quired to address critical needs related to emerg- and FEMA–1792–DR), shall be 90 percent of the For an additional amount for ‘‘Refugee and ing influenza viruses: Provided further, That eligible costs under such section and shall be 100 Entrant Assistance’’ for necessary expenses for funds appropriated in this paragraph may be percent of such costs under sections 403 and 407 unaccompanied alien children as authorized by transferred to, and merged with, other appro- of such Act (42 U.S.C. 5170b and 5173). priation accounts of the Department of Health (b) Notwithstanding any other provision of section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Traf- and Human Services and other Federal agencies law, including any agreement, the Federal share to be used for the purposes specified in this of assistance, including direct Federal assist- ficking Victims Protection Reauthorization Act of 2008, $82,000,000, to remain available through paragraph and to the fund authorized by sec- ance provided under section 406 of the Robert T. tion 319F–4 of the Public Health Service Act: September 30, 2011. Stafford Disaster Relief and Emergency Assist- Provided further, That transfers to other Fed- ance Act (42 U.S.C. 5172), for FEMA–1841–DR OFFICE OF THE SECRETARY eral agencies shall be made in consultation with shall be 90 percent of the eligible costs under PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY the Director of the Office of Management and such section and shall be 100 percent of such FUND Budget: Provided further, That none of the costs under sections 403 and 407 of such Act (42 (INCLUDING TRANSFER OF FUNDS) funds provided in this paragraph shall be made U.S.C. 5170b and 5173). For an additional amount for ‘‘Public Health available for obligation until 15 days following (c) Notwithstanding any other provision of the submittal of a detailed obligation plan to the law, including any agreement, the Federal share and Social Services Emergency Fund’’ to prepare for and respond to an influenza pandemic, Committees on Appropriations of the House of of assistance, including direct Federal assist- Representatives and the Senate by the Depart- ance provided under section 406 of the Robert T. including the development and purchase of vaccine, antivirals, necessary medical supplies, ment of Health and Human Services or any Stafford Disaster Relief and Emergency Assist- other Federal agency receiving funds: Provided ance Act (42 U.S.C. 5172), for FEMA–1838–DR diagnostics, and other surveillance tools and to assist international efforts and respond to inter- further, That such plan shall be coordinated shall be 90 percent of the eligible costs under with the Executive Office of the President, shall such section and shall be 100 percent of such national needs relating to the 2009–H1N1 influenza outbreak, $1,850,000,000, to remain avail- identify the amounts and the activities for costs under sections 403 and 407 of such Act (42 which funds are specified by the President, and U.S.C. 5170b and 5173). able until expended: Provided, That no less than $350,000,000 shall be for upgrading State shall be subject to reprogramming procedures: (d) APPLICABILITY.—The Federal share pro- Provided further, That the transfer authority vided by subsections (a), (b), and (c) shall apply and local capacity: Provided further, That no less than $200,000,000 shall be transferred to the provided in this paragraph is in addition to any to disaster assistance provided before, on, or other transfer authority available in this or any after the date of enactment of this Act. Centers for Disease Control and Prevention to carry out global and domestic disease surveil- other Act. TITLE VII lance, laboratory capacity and research, labora- GENERAL PROVISIONS—THIS TITLE DEPARTMENT OF THE INTERIOR tory diagnostics, risk communication, rapid re- (TRANSFER OF FUNDS) DEPARTMENT-WIDE PROGRAMS sponse, and quarantine: Provided further, That SEC. 801. Section 801(a) of division A of Public WILDLAND FIRE MANAGEMENT products purchased with these funds may, at Law 111–5 is amended by inserting ‘‘, and may (INCLUDING TRANSFER OF FUNDS) the discretion of the Secretary of Health and be transferred by the Department of Labor to For an additional amount to cover necessary Human Services (‘‘Secretary’’), be deposited in any other account within the Department for expenses for wildfire suppression and emergency the Strategic National Stockpile under section such purposes’’ before the end period. rehabilitation activities of the Department of the 319F–2 of the Public Health Service Act: Pro- SEC. 802. Title II of division F of the Omnibus Interior, $50,000,000, to remain available until vided further, That notwithstanding section Appropriations Act, 2009 (Public Law 111–8) is expended: Provided, That such funds shall only 496(b) of the Public Health Service Act, funds amended under the heading ‘‘Children and become available if funds provided previously may be used for the construction or renovation Families Services Programs’’— for wildland fire suppression will be exhausted of privately owned facilities for the production (1) by striking the first proviso in its entirety; imminently and after the Secretary of the Inte- of pandemic influenza vaccine and other bio- and (2) by striking ‘‘Provided further’’ the first rior notifies the Committees on Appropriations logics, where the Secretary finds such a contract place it appears and inserting ‘‘Provided’’. of the House of Representatives and the Senate necessary to secure sufficient supplies of such SEC. 803. The Commissioner of the Rehabilita- in writing of the need for these additional vaccines or biologics: Provided further, That tion Services Administration, or the Director of funds: Provided further, That the Secretary of funds appropriated in this paragraph and not a designated State unit that has approval to the Interior may transfer any of these funds to specifically designated in this paragraph may be make awards under section 723 of the Rehabili- the Secretary of Agriculture if the transfer en- transferred to, and merged with, other appro- tation Act, may allocate funds appropriated hances the efficiency or effectiveness of Federal priation accounts of the Department of Health under the American Reinvestment and Recovery wildland fire suppression activities. and Human Services and other Federal agen- Act of 2009 (Public Law 111–5) (‘‘ARRA’’) for DEPARTMENT OF AGRICULTURE cies, as determined by the Secretary to be appropriate, to be used for the purposes specified in the Centers for Independent Living Program FOREST SERVICE this paragraph and to the fund authorized by among centers in a State without regard to the WILDLAND FIRE MANAGEMENT section 319F–4 of the Public Health Service Act: priority in section 722(e)(3) or section 723(e)(3) of (INCLUDING TRANSFER OF FUNDS) Provided further, That transfers to other Fed- the Rehabilitation Act of 1973 for funding new For an additional amount to cover necessary eral agencies shall be made in consultation with centers if the allocation is consistent with the expenses for wildfire suppression and emergency the Director of the Office of Management and provisions of the State plan submitted under rehabilitation activities of the Forest Service, Budget: Provided further, That 15 days prior to section 704 of the Rehabilitation Act and ap- $200,000,000, to remain available until expended: transferring any funds in this paragraph, the proved by the Commissioner. Such funds and Provided, That such funds shall only become Secretary shall notify the Committees on Appro- other Independent Living funds available under available if funds provided previously for priations of the House of Representatives and ARRA that are being set aside by the Depart- wildland fire suppression will be exhausted im- the Senate of any such transfer and the planned ment of Education for competitive grants may be minently and after the Secretary of Agriculture uses of the funds: Provided further, That the used to support multi-year grants of up to 5 notifies the Committees on Appropriations of the transfer authority provided in this paragraph is years and may be expended by any recipients of House of Representatives and the Senate in in addition to any other transfer authority such multi-year grants during the project period writing of the need for these additional funds: available in this or any other Act. of the grant, notwithstanding any provision in Provided further, That the Secretary of Agri- For an additional amount for ‘‘Public Health the Rehabilitation Act limiting the period of culture may transfer not more than $50,000,000 and Social Services Emergency Fund’’ to pre- availability for obligation or expenditure by the of these funds to the Secretary of the Interior if pare for and respond to an influenza pandemic, grantee. the transfer enhances the efficiency or effective- including the development and purchase of vac- (INCLUDING TRANSFER OF FUNDS) ness of Federal wildland fire suppression activi- cine, antivirals, necessary medical supplies, SEC. 804. (a) Notwithstanding any other provi- ties. diagnostics, and other surveillance tools and to sion of law, during the period from September 1

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through September 30, 2009, the Secretary of 13 (111th Congress), the concurrent resolution DEPARTMENT OF DEFENSE BASE CLOSURE Education shall transfer to the Career, Tech- on the budget for fiscal year 2010: Provided fur- ACCOUNT 2005 nical, and Adult Education account an amount ther, That of the funds appropriated for ‘‘Mili- not to exceed $10,260,000 from amounts that tary Construction, Army’’ under Public Law For deposit into the Department of Defense would otherwise lapse at the end of fiscal year 110–252, $143,242,000 are hereby rescinded. Base Closure Account 2005, established by sec- 2009 and that were originally made available tion 2906A(a)(1) of the Defense Base Closure MILITARY CONSTRUCTION, NAVY AND MARINE and Realignment Act of 1990 (10 U.S.C. 2687 under the Department of Education Appropria- CORPS tions Act, 2009 or any Department of Education note), $263,300,000, to remain available until ex- Appropriations Act for a previous fiscal year. For an additional amount for ‘‘Military Con- pended: Provided, That notwithstanding any (b) Funds transferred under this section to the struction, Navy and Marine Corps’’, other provision of law, such funds may be obli- Career, Technical, and Adult Education ac- $235,881,000, to remain available until September gated and expended to carry out operation and count shall be obligated by September 30, 2009. 30, 2013: Provided, That notwithstanding any maintenance, planning and design and military (c) Any amounts transferred pursuant to this other provision of law, such funds may be obli- construction projects not otherwise authorized section shall be for carrying out Adult Edu- gated and expended to carry out planning and by law. cation State Grants, and shall be allocated, not- design and military construction projects not GENERAL PROVISIONS—THIS TITLE withstanding any other provision of law, only otherwise authorized by law: Provided further, to those States that received funds under that That of the funds provided under this heading, SEC. 1001. None of the funds appropriated in program for fiscal year 2009 that were at least not to exceed $11,000,000 shall be available for this or any other Act may be used to disestab- 9.9 percent less than those States received under study, planning, design, and architect and engi- lish, reorganize, or relocate the Armed Forces that program for fiscal year 2008. neer services. Institute of Pathology, except for the Armed (d) The Secretary shall use these additional MILITARY CONSTRUCTION, AIR FORCE Forces Medical Examiner and the National Mu- funds to increase those States’ allocations under seum of Health and Medicine, until the Presi- that program up to the amount they received For an additional amount for ‘‘Military Con- dent has established, as required by section 722 under that program for fiscal year 2008. struction, Air Force’’, $281,620,000, of which of the National Defense Authorization Act for (e) The Secretary shall notify the Committees $258,150,000 shall remain available until Sep- Fiscal Year 2008 (Public Law 110–181; 122 Stat. on Appropriations of both Houses of Congress of tember 30, 2010, and of which $23,470,000 for 199; 10 U.S.C. 176 note), a Joint Pathology Cen- any transfer pursuant to this section. child development centers and planning and deter, and the Joint Pathology Center is demon- sign shall remain available until September 30, TITLE IX strably performing the minimum requirements 2013: Provided, That notwithstanding any other set forth in section 722 of the National Defense LEGISLATIVE BRANCH provision of law, such funds may be obligated Authorization Act for Fiscal Year 2008. CAPITOL POLICE and expended to carry out planning and design SEC. 1002. (a) ENTITLEMENT.—Section 3311 of GENERAL EXPENSES and military construction projects not otherwise authorized by law: Provided further, That of title 38, United States Code, is amended— For an additional amount for ‘‘Capitol Police, the funds provided under this heading, not to (1) in subsection (b), by adding at the end the General Expenses’’, $71,606,000, to purchase and exceed $12,070,000 shall be available for study, following new paragraph: install a new radio system for the U.S. Capitol planning, design, and architect and engineer Police, to remain available until September 30, ‘‘(9) An individual who is the child of a per- services: Provided further, That none of the son who, on or after September 11, 2001, dies in 2012: Provided, That the Chief of the Capitol funds provided under this heading for military Police may not obligate any of the funds appro- line of duty while serving on active duty as a construction projects in Afghanistan shall be member of the Armed Forces.’’; and priated under this heading without approval of obligated or expended until the Secretary of De- an obligation plan by the Committees on Appro- fense certifies to the Committees on Appropria- (2) by adding at the end the following new priations of the Senate and the House of Rep- tions of both Houses of Congress that a prefi- subsection: resentatives. nancing statement for each project has been ‘‘(f) MARINE GUNNERY SERGEANT JOHN DAVID CONGRESSIONAL BUDGET OFFICE submitted to the North Atlantic Treaty Organi- FRY SCHOLARSHIP.— SALARIES AND EXPENSES zation (NATO) for consideration of funding by ‘‘(1) IN GENERAL.—Educational assistance For an additional amount for ‘‘Salaries and the NATO Security Investment Program. payable by reason of paragraph (9) of sub- Expenses’’, $2,000,000, to remain available until MILITARY CONSTRUCTION, DEFENSE-WIDE section (b) shall be known as the ‘Marine Gun- nery Sergeant John David Fry scholarship’. September 30, 2010. For an additional amount for ‘‘Military Con- TITLE X struction, Defense-Wide’’, $661,552,000, to re- ‘‘(2) DEFINITION OF CHILD.—For purposes of DEPARTMENT OF DEFENSE main available until September 30, 2013: Pro- that paragraph, the term ‘child’ includes a married individual or an individual who is above MILITARY CONSTRUCTION, ARMY vided, That notwithstanding any other provision of law, such funds may be obligated and the age of twenty-three years.’’. (INCLUDING RESCISSION) expended to carry out planning and design and (b) AMOUNT.—Section 3313(c)(1) of such title is For an additional amount for ‘‘Military Con- military construction projects in the United amended by striking ‘‘section 3311(b)(1) or struction, Army’’, $1,326,231,000, of which States not otherwise authorized by law: Pro- 3311(b)(2)’’ and inserting ‘‘paragraph (1), (2), or $680,850,000 shall remain available until Sep- vided further, That of the amount provided (9) of section 3311(b)’’. tember 30, 2010, and of which $645,381,000 for under this heading, $169,500,000 shall be for the (c) TIME LIMITATION FOR USE.—Section child development centers, warrior in transition construction of a National Security Agency data 3321(b) of such title is amended by adding at the facilities, hurricane damage repair, and plan- center and $488,000,000 shall be for the construc- end the following new paragraph: ning and design shall remain available until tion of hospitals: Provided further, That September 30, 2013: Provided, That notwith- $1,589,500,000 is hereby authorized for the Na- ‘‘(4) APPLICABILITY TO CHILDREN OF DECEASED standing any other provision of law, such funds tional Security Agency data center for fiscal MEMBERS.—The period during which an indi- may be obligated and expended to carry out years 2009 through 2013 for the purposes of this vidual entitled to educational assistance by rea- planning and design and military construction appropriation: Provided further, That not later son of section 3311(b)(9) may use such individ- projects not otherwise authorized by law: Pro- than 30 days after the enactment of this Act, the ual’s entitlement expires at the end of the 15- vided further, That of the funds provided under Secretary of Defense shall submit to the Commit- year period beginning on the date of such indi- this heading, not to exceed $68,081,000 shall be tees on Appropriations of both Houses of Con- vidual’s eighteenth birthday.’’. available for study, planning, design, and ar- gress an expenditure plan for the funds pro- (d) EFFECTIVE DATE; APPLICABILITY.— chitect and engineer services: Provided further, vided for hospital construction under this head- (1) EFFECTIVE DATE.—The amendments made That none of the funds provided under this ing. heading for military construction projects in Af- by this section shall take effect on August 1, ghanistan shall be obligated or expended until NORTH ATLANTIC TREATY ORGANIZATION 2009. SECURITY INVESTMENT PROGRAM the Secretary of Defense certifies to the Commit- (2) APPLICABILITY.—The Secretary of Vet- tees on Appropriations of both Houses of Con- For an additional amount for ‘‘North Atlantic erans Affairs shall begin making payments to gress that a prefinancing statement for each Treaty Organization Security Investment Pro- individuals entitled to educational assistance by project has been submitted to the North Atlantic gram’’, $100,000,000, to remain available until reason of paragraph (9) of section 3311(b) of title Treaty Organization (NATO) for consideration expended: Provided, That notwithstanding any 38, United States Code, as added by subsection of funding by the NATO Security Investment other provision of law, such funds are author- (a), by not later than August 1, 2010. In the case Program: Provided further, That, notwith- ized for the North Atlantic Treaty Security In- of an individual entitled to educational assist- standing any other provision of this Act, of the vestment Program for purposes of section 2806 of ance by reason of such paragraph for the period funds provided under this heading, $143,242,000 title 10, United States Code, and section 2502 of beginning on August 1, 2009, and ending on July are designated as an emergency requirement the Military Construction Authorization Act for 31, 2010, the Secretary shall make retroactive and necessary to meet emergency needs pursu- Fiscal Year 2009 (division B of Public Law 110– payments to such individual for such period by ant to sections 403(a) and 423(b) of S. Con. Res. 417). not later than August 1, 2010.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.002 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14973 TITLE XI UNITED STATES AGENCY FOR impacted by Cyclone Nargis, notwithstanding INTERNATIONAL DEVELOPMENT any other provision of law: Provided further, DEPARTMENT OF STATE FUNDS APPROPRIATED TO THE PRESIDENT That of the funds appropriated under this head- ADMINISTRATION OF FOREIGN AFFAIRS ing for assistance for Afghanistan and Paki- OPERATING EXPENSES DIPLOMATIC AND CONSULAR PROGRAMS stan, assistance may be provided notwith- For an additional amount for ‘‘Operating Ex- standing any provision of law that restricts as- (INCLUDING TRANSFER OF FUNDS) penses’’, $157,600,000, to remain available until sistance to foreign countries for cross border sta- September 30, 2010. For an additional amount for ‘‘Diplomatic bilization and development programs between and Consular Programs’’, $997,890,000, to remain CAPITAL INVESTMENT FUND Afghanistan and Pakistan or between either available until September 30, 2010, of which For an additional amount for ‘‘Capital Invest- country and the Central Asian republics, and $146,358,000 is for Worldwide Security Protection ment Fund’’, $48,500,000, to remain available shall be administered by the Special Representa- and shall remain available until expended: Pro- until expended. tive for Afghanistan and Pakistan at the De- vided, That the Secretary of State may transfer OFFICE OF INSPECTOR GENERAL partment of State: Provided further, That none up to $137,600,000 of the funds made available of the funds appropriated in this title for democ- For an additional amount for ‘‘Office of In- racy and civil society programs may be made under this heading to any other appropriation spector General’’, $3,500,000, to remain available available for the construction of facilities in the of any department or agency of the United until September 30, 2010, for oversight of pro- United States. States, upon the concurrence of the head of grams in Afghanistan and Pakistan. such department or agency, to support oper- ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ations in and assistance for Afghanistan and to BILATERAL ECONOMIC ASSISTANCE ASIA carry out the provisions of the Foreign Assist- FUNDS APPROPRIATED TO THE PRESIDENT ance Act of 1961: Provided further, That of the GLOBAL HEALTH AND CHILD SURVIVAL For an additional amount for ‘‘Assistance for funds appropriated under this heading, up to For an additional amount for ‘‘Global Health Europe, Eurasia and Central Asia’’, $10,000,000 for public diplomacy activities may and Child Survival’’, $150,000,000, to remain $272,000,000, to remain available until September be transferred to, and merged with, funds made available until September 30, 2010: Provided, 30, 2010, of which $242,000,000 shall be available available under the heading ‘‘International That $50,000,000 shall be made available for for assistance for Georgia: Provided, That funds Broadcasting Operations’’ for broadcasting ac- pandemic preparedness and response: Provided appropriated under this heading may be made tivities to the Pakistan-Afghanistan border re- further, That $100,000,000 shall be made avail- available for assistance for other Eurasian gion. able, notwithstanding any other provision of countries to meet unanticipated requirements OFFICE OF INSPECTOR GENERAL law, except for the United States Leadership only if the Secretary of State determines and re- Against HIV/AIDS, Tuberculosis and Malaria ports to the Committees on Appropriations that (INCLUDING TRANSFER OF FUNDS) Act of 2003 (Public Law 108–25), for a United to do so is in the national security interests of For an additional amount for ‘‘Office of In- States contribution to the Global Fund to Fight the United States: Provided further, That of the spector General’’, $24,122,000, to remain avail- AIDS, Tuberculosis and Malaria: Provided fur- funds appropriated under this heading, able until September 30, 2010, of which $7,000,000 ther, That notwithstanding any other provision $30,000,000 may be made available for assistance shall be transferred to the Special Inspector of law, to include minimum funding require- for the Kyrgyz Republic to provide a long-range General for Iraq Reconstruction for reconstruc- ments or funding directives, if the President de- air traffic control and safety system to support tion oversight, and $7,200,000 shall be trans- termines and reports to the Committees on Ap- air operations in the Kyrgyz Republic, including ferred to the Special Inspector General for Af- propriations that the human-to-human trans- at Manas International Airport, notwith- ghanistan Reconstruction for reconstruction mission of the H1N1 virus is efficient and sus- standing any other provision of law: Provided oversight: Provided, That the Special Inspector tained, severe, and is spreading internationally, further, That funds appropriated under this General for Afghanistan Reconstruction may ex- funds made available under the headings ‘‘Glob- heading shall be subject to prior consultation ercise the authorities of subsections (b) through al Health and Child Survival’’, ‘‘Development with, and the regular notification procedures of, (i) of section 3161 of title 5, United States Code Assistance’’, ‘‘Economic Support Fund’’, and the Committees on Appropriations. (without regard to subsection (a) of such sec- ‘‘Millennium Challenge Corporation’’ in prior tion) for funds made available for fiscal years Acts making appropriations for the Department DEPARTMENT OF STATE 2009 and 2010: Provided further, That the In- of State, foreign operations, and related pro- INTERNATIONAL NARCOTICS CONTROL AND LAW spector General of the United States Department grams may be made available to combat the ENFORCEMENT of State and the Broadcasting Board of Gov- H1N1 virus: Provided further, That funds made ernors, the Special Inspector General for Iraq available pursuant to the authority of the pre- For an additional amount for ‘‘International Reconstruction, the Special Inspector General vious proviso shall be subject to prior consulta- Narcotics Control and Law Enforcement’’, for Afghanistan Reconstruction, and the Inspec- tion with, and the regular notification proce- $487,500,000, to remain available until September tor General of the United States Agency for dures of, the Committees on Appropriations. 30, 2010: Provided, That not less than International Development shall coordinate and INTERNATIONAL DISASTER ASSISTANCE $160,000,000 shall be made available for assist- integrate the programming of funds made avail- ance for Mexico to combat drug trafficking and For an additional amount for ‘‘International able under this heading in fiscal year 2009 for Disaster Assistance’’, $270,000,000, to remain related violence and organized crime, and for ju- oversight of programs in Afghanistan, Pakistan available until expended. dicial reform, institution building, anti-corrup- and Iraq: Provided further, That the Secretary tion, and rule of law activities: Provided fur- of State shall submit to the Committees on Ap- ECONOMIC SUPPORT FUND ther, That funds made available pursuant to the propriations, within 30 days of completion, the (INCLUDING TRANSFER OF FUNDS) previous proviso shall be made available subject annual comprehensive audit plan for the Middle For an additional amount for ‘‘Economic Sup- to prior consultation with, and the regular noti- East and South Asia developed by the South- port Fund’’, $2,973,601,000, to remain available fication procedures of, the Committees on Ap- west Asia Joint Planning Group in accordance until September 30, 2010: Provided, That of the propriations, except that notifications shall be with section 842 of Public Law 110–181. funds made available under this heading for as- transmitted at least 5 days in advance of the ob- EMBASSY SECURITY, CONSTRUCTION, AND sistance for the West Bank and Gaza, $2,000,000 ligation of any funds appropriated under this MAINTENANCE shall be transferred to, and merged with, funds heading: Provided further, That none of the available under the heading ‘‘United States funds appropriated in this title may be made For an additional amount for ‘‘Embassy Secu- Agency for International Development, Funds available for the cost of fuel for aircraft pro- rity, Construction, and Maintenance’’, Appropriated to the President, Office of Inspec- vided to Mexico, or for operations and mainte- $921,500,000, to remain available until expended, tor General’’ to conduct oversight of programs nance of aircraft purchased by the Government for worldwide security upgrades, acquisition, in the West Bank and Gaza: Provided further, of Mexico: Provided further, That in order to and construction as authorized, and shall be That of the amounts made available for assist- enhance border security and cooperation in law made available for secure diplomatic facilities ance for the West Bank and Gaza, not more enforcement efforts between Mexico and the and housing for United States mission staff in than $200,000,000 may be made available for United States, funds appropriated in this title Afghanistan and Pakistan, and for mobile mail cash transfer assistance to the Palestinian Au- that are available for assistance for Mexico may screening units. thority: Provided further, That none of the be made available for the procurement of law INTERNATIONAL ORGANIZATIONS funds made available under this heading for enforcement communications equipment only if cash transfer assistance to the Palestinian Au- such equipment utilizes open standards and is CONTRIBUTIONS FOR INTERNATIONAL thority may be obligated for salaries of per- compatible with, and capable of operating with, PEACEKEEPING ACTIVITIES sonnel of the Palestinian Authority located in radio communications systems and related For an additional amount for ‘‘Contributions Gaza: Provided further, That of the funds ap- equipment utilized by Federal law enforcement for International Peacekeeping Activities’’, propriated under this heading, up to $10,000,000 agencies in the United States to enhance border $721,000,000, to remain available until September may be made available for humanitarian assist- security and cooperation in law enforcement ef- 30, 2010. ance in Burma for individuals and communities forts between Mexico and the United States.

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NONPROLIFERATION, ANTI-TERRORISM, DEMINING priated pursuant to the previous proviso esti- phasizes the participation of Afghan women AND RELATED PROGRAMS mated to be outlayed for Egypt shall be trans- and directly improves the security, economic For an additional amount for ‘‘Nonprolifera- ferred to an interest bearing account for Egypt and social well-being, and political status, of tion, Anti-Terrorism, Demining and Related in the Federal Reserve Bank of New York not Afghan women and girls. Programs’’, $102,000,000, to remain available later than October 30, 2009: Provided further, (b) ASSISTANCE FOR WOMEN AND GIRLS.— until September 30, 2010, of which up to That up to $69,000,000 may be made available for (1) Funds appropriated in this title for assist- $77,000,000 may be made available for the Non- assistance for Lebanon. ance for Afghanistan shall comply with sections proliferation and Disarmament Fund, notwith- PAKISTAN COUNTERINSURGENCY CAPABILITY FUND 7062 and 7063 of Public Law 111–8, and shall be made available to support programs that in- standing any other provision of law, to promote (INCLUDING TRANSFER OF FUNDS) bilateral and multilateral activities relating to crease participation by women in the political nonproliferation, disarmament and weapons de- There is hereby established in the Treasury of process, including at the national, provincial, struction, and shall remain available until ex- the United States a special account to be known and sub-provincial levels, and in efforts to im- pended: Provided, That funds made available as the ‘‘Pakistan Counterinsurgency Capability prove security in Afghanistan. for the Nonproliferation and Disarmament Fund Fund’’. For necessary expenses to carry out the (2) Of the funds appropriated for assistance shall be subject to prior consultation with, and provisions of chapter 8 of part I and chapters 2, for Afghanistan in fiscal year 2009 under the the regular notification procedures of, the Com- 5, 6, and 8 of part II of the Foreign Assistance headings ‘‘Economic Support Fund’’ and mittees on Appropriations: Provided further, Act of 1961 and section 23 of the Arms Export ‘‘International Narcotics Control and Law En- That the Secretary of State shall work assidu- Control Act for counterinsurgency activities in forcement’’, not less than $150,000,000 shall be ously to facilitate the regular flow of people and Pakistan, $700,000,000, which shall become made available to support programs that di- licit goods in and out of Gaza at established bor- available on September 30, 2009, and remain rectly address the needs of Afghan women and der crossings. available until September 30, 2011: Provided, girls, including for the Afghan Independent That such funds shall be available to the Sec- Human Rights Commission, the Afghan Min- MIGRATION AND REFUGEE ASSISTANCE retary of State, with the concurrence of the Sec- istry of Women’s Affairs, and for women-led For an additional amount for ‘‘Migration and retary of Defense, notwithstanding any other nongovernmental organizations. Refugee Assistance’’, $390,000,000, to remain provision of law, for the purpose of providing (c) PROCUREMENT OF AFGHAN PRODUCTS AND available until expended. assistance for Pakistan to build and maintain SERVICES.— INTERNATIONAL SECURITY ASSISTANCE the counterinsurgency capability of Pakistani (1) IN GENERAL.—Funds made available for as- FUNDS APPROPRIATED TO THE PRESIDENT security forces (including the Frontier Corps), to sistance for Afghanistan in this title and in PEACEKEEPING OPERATIONS include program management and the provision prior acts appropriating funds for Department of equipment, supplies, services, training, and of State, foreign operations, and related pro- For an additional amount for ‘‘Peacekeeping facility and infrastructure repair, renovation, grams, may be used to conduct procurements Operations’’, $185,000,000, to remain available and construction: Provided further, That such and to award assistance instruments in which— until September 30, 2010: Provided, That up to funds may be transferred by the Secretary of (A) competition is limited to products, services, $168,000,000 may be made available for assist- State to the Department of Defense or other or sources that are from Afghanistan; ance for Somalia, of which up to $115,900,000 Federal departments or agencies to support (B) procedures other than competitive proce- may be used to pay assessed expenses of inter- counterinsurgency operations and may be dures are used to award a contract or assistance national peacekeeping activities in Somalia: merged with and be available for the same pur- instrument to a particular source or sources Provided further, That of the funds appro- poses and for the same time period as the appro- from Afghanistan; or priated under this heading, $15,000,000 shall be priation or fund to which transferred, or may be (C) a preference is provided for products, serv- made available for assistance for the Democratic transferred pursuant to the authorities con- ices, or sources that are from Afghanistan. Republic of the Congo and $2,000,000 shall be tained in the Foreign Assistance Act of 1961: (2) PRODUCTS, SERVICES, AND SOURCES FROM made available for the Multinational Force and Provided further, That the Secretary of State AFGHANISTAN.—For the purposes of this section: Observer mission in the Sinai. shall, not fewer than 15 days prior to making (A) A product is from Afghanistan if it is INTERNATIONAL MILITARY EDUCATION AND transfers from this appropriation, notify the mined, produced, or manufactured in Afghani- TRAINING Committees on Appropriations, and the congres- stan. For an additional amount for ‘‘International sional defense and foreign affairs committees, in (B) A service is from Afghanistan if it is per- Military Education and Training’’, $2,000,000, writing of the details of any such transfer: Pro- formed in Afghanistan by citizens or permanent to remain available until September 30, 2010, for vided further, That the Secretary of State shall resident aliens of Afghanistan. (C) A source is from Afghanistan if it— assistance for Iraq. submit not later than 30 days after the end of (i) is located in Afghanistan; and FOREIGN MILITARY FINANCING PROGRAM each fiscal quarter to the Committees on Appro- (ii) offers products or services that are from For an additional amount for ‘‘Foreign Mili- priations a report summarizing, on a project-by- Afghanistan. tary Financing Program’’, $1,294,000,000, to re- project basis, the transfer of funds from this ap- (3) REPORTING AND CONSULTING REQUIRE- main available until September 30, 2010: Pro- propriation: Provided further, That upon deter- MENT.—Not less than 180 days after enactment vided, That not less than $260,000,000 shall be mination by the Secretary of Defense or head of of this Act the Secretary of State shall submit a made available for assistance for the Mexican other Federal department or agency, with the report to the Committees on Appropriations on Navy and shall be available notwithstanding concurrence of the Secretary of State, that all or efforts undertaken by the Department of State section 7045(e) of the Department of State, For- part of the funds so transferred from this appro- and the United States Agency for International eign Operations, and Related Programs Appro- priation are not necessary for the purposes here- Development (USAID) to utilize this authority priations Act, 2009 (division H of Public Law in, such amounts may be transferred by the in order to enhance participation by Afghan en- 111–8): Provided further, That funds made head of the relevant Federal department or tities in development activities in Afghanistan: available pursuant to the previous proviso shall agency back to this appropriation and shall be Provided, That the Secretary of State and the be available notwithstanding section 36(b) of the available for the same purposes and for the Administrator of USAID shall consult with the Arms Export Control Act: Provided further, same time period as originally appropriated: Committees on Appropriations regarding the ex- That of the funds appropriated under this head- Provided further, That any required notification ercise of the authority of this subsection and ing, not less than $150,000,000 shall be made or report may be submitted in classified or un- prior to submitting the report required by this available for assistance for Jordan: Provided classified form. paragraph: Provided further, That the exercise further, That of the funds appropriated under GENERAL PROVISIONS—THIS TITLE of such authority in excess of $15,000,000 for any this heading, not less than $555,000,000, shall be EXTENSION OF AUTHORITIES single contract or assistance instrument is sub- available for grants only for Israel and shall be ject to the regular notification procedures of the SEC. 1101. Funds appropriated in this title disbursed not later than October 30, 2009: Pro- may be obligated and expended notwithstanding Committees on Appropriations. vided further, That to the extent that the Gov- (d) ANTICORRUPTION.—Ten percent of the section 10 of Public Law 91–672, section 15 of the ernment of Israel requests that funds be used for funds appropriated under the heading ‘‘Inter- State Department Basic Authorities Act of 1956, such purposes, grants made available for Israel national Narcotics Control and Law Enforce- section 313 of the Foreign Relations Authoriza- by this paragraph shall, as agreed by the United ment’’ that are available for assistance for the tion Act, Fiscal Years 1994 and 1995 (Public Law States and Israel, be available for advanced Government of Afghanistan shall be withheld 103–236), and section 504(a)(1) of the National weapons systems, of which $145,965,000 shall be from obligation until the Secretary of State re- Security Act of 1947 (50 U.S.C. 414(a)(1)). available for the procurement in Israel of de- ports to the Committees on Appropriations that fense articles and defense services, including re- AFGHANISTAN the Government of Afghanistan is implementing search and development: Provided further, That SEC. 1102. (a) IN GENERAL.—Funds appro- a policy to promptly remove from office any gov- of the funds appropriated under this heading, priated in this title under the heading ‘‘Eco- ernment official who is credibly alleged to have not less than $260,000,000 shall be made avail- nomic Support Fund’’ that are available for as- engaged in narcotics trafficking, gross viola- able for grants only for Egypt, including for sistance for Afghanistan shall be made avail- tions of human rights, or other major crimes. border security programs and activities in the able, to the maximum extent practicable, in a (e) ACQUISITION OF PROPERTY.—Not more Sinai: Provided further, That funds appro- manner that utilizes Afghan entities and em- than $20,000,000 of the funds appropriated in

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this title should be made available to pay for the countries severely affected by the global finan- IRAQ acquisition of property for diplomatic facilities cial crisis that— SEC. 1106. (a) IN GENERAL.—Funds appro- in Afghanistan. (1) have a 2007 per capita Gross National In- priated in this title that are available for assist- (f) UNITED NATIONS DEVELOPMENT PRO- come of $3,705 or less; ance for Iraq shall be made available, to the GRAM.—Funds appropriated in this title may be (2) have seen a contraction in predicted maximum extent practicable, in a manner that made available for programs and activities of growth rates of 2 percent or more since 2007; and utilizes Iraqi entities. the United Nations Development Program (3) demonstrate consistent improvement on the (b) MATCHING REQUIREMENT.—Funds appro- (UNDP) in Afghanistan if the Secretary of State democracy and governance indicators as meas- priated in this title for assistance for Iraq shall reports to the Committees on Appropriations ured by the Millennium Challenge Corporation be made available in accordance with the De- that UNDP is fully cooperating with efforts of 2009 Country Scorebook. partment of State’s April 9, 2009, ‘‘Guidelines for the United States Agency for International De- Government of Iraq Financial Participation in (b) TRANSFER AUTHORITIES.—Of the funds ap- velopment (USAID) to investigate expenditures propriated in this title under the heading ‘‘Eco- United States Government-Funded Civilian For- by UNDP of USAID funds associated with the nomic Support Fund’’ for developing countries eign Assistance Programs and Projects’’. Quick Impact Program in Afghanistan. (c) OTHER ASSISTANCE.—Of the funds appro- impacted by the global financial crisis— (g) NATIONAL SOLIDARITY PROGRAM.—Of the priated in this title under the heading ‘‘Eco- funds appropriated in this title under the head- (1) up to $29,000,000 may be transferred and nomic Support Fund’’, not less than $15,000,000 ing ‘‘Economic Support Fund’’ that are avail- merged with ‘‘Development Credit Authority’’, shall be made available for targeted development able for assistance for Afghanistan, not less for the cost of direct loans and loan guarantees programs and activities in areas of conflict in than $70,000,000 shall be made available for the notwithstanding the dollar limitations in such Iraq, and the responsibility for policy decisions National Solidarity Program. account on transfers to the account and the and justifications for the use of such funds shall (h) AIRWINGS.—The uses and oversight of air- principal amount of loans made or guaranteed be the responsibility of the United States Chief craft purchased or leased by the Department of with respect to any single country or borrower: of Mission in Iraq. Provided, That such transferred funds may be State and the United States Agency for Inter- PROHIBITION ON ASSISTANCE TO HAMAS national Development by funds appropriated by available to subsidize total loan principal, any SEC. 1107. (a) None of the funds appropriated this Act or prior Acts making appropriations for portion of which is to be guaranteed, of up to in this title may be made available for assistance the Department of State, foreign operations and $2,000,000,000: Provided further, That the au- to Hamas, or any entity effectively controlled by related programs shall be coordinated under the thority provided by the previous proviso is in Hamas or any power-sharing government of authority of the United States Chief of Mission addition to authority provided under the head- which Hamas is a member. in Afghanistan: Provided, That such aircraft ing ‘‘Development Credit Authority’’ in Public Law 111–8: Provided further, That up to (b) Notwithstanding the limitation of sub- may be used to transport Federal and non-Fed- section (a), assistance may be provided to a eral personnel supporting the Department of $1,500,000 may be for administrative expenses to carry out credit programs administered by the power-sharing government only if the President State and United States Agency for Inter- certifies in writing and reports to the Commit- national Development programs and activities: United States Agency for International Develop- ment; and tees on Appropriations that such government, Provided further, That official travel for other including all of its ministers or such equivalent, (2) up to $20,000,000 may be transferred to, agencies for other purposes may be supported on has publicly accepted and is complying with the and merged with, ‘‘Overseas Private Investment a reimbursable basis, or without reimbursement principles contained in section 620K(b)(1)(A) Corporation Program Account’’: Provided, That when traveling on a space available basis. and (B) of the Foreign Assistance Act of 1961. the authority provided in this paragraph is in ALLOCATIONS (c) The President may exercise the authority addition to authority provided in section 7081 in SEC. 1103. (a) Funds appropriated in this title in section 620K(e) of the Foreign Assistance Act Public Law 111–8. for the following accounts shall be made avail- as added by the Palestinian Anti-Terrorism Act EPROGRAMMING AUTHORITY.—Notwith- able for programs and countries in the amounts (c) R of 2006 (Public Law 109–446) with respect to this standing any other provision of law, funds ap- contained in the respective tables included in section. propriated under the heading ‘‘Millennium the joint statement accompanying this Act: (d) Whenever the certification pursuant to (1) ‘‘Diplomatic and Consular Programs’’. Challenge Corporation’’ (MCC) in prior Acts subsection (b) is exercised, the Secretary of State (2) ‘‘Embassy Security, Construction, and making appropriations for the Department of shall submit a report to the Committees on Ap- Maintenance’’. State, foreign operations, and related programs propriations within 120 days of the certification (3) ‘‘Economic Support Fund’’. may be made available for programs and activi- and every quarter thereafter on whether such (4) ‘‘International Narcotics Control and Law ties to assist vulnerable populations severely af- government, including all of its ministers or Enforcement’’. fected by the global financial crisis in a country such equivalent, are continuing to comply with (b) For the purposes of implementing this sec- that has signed a compact with the MCC or has the principles contained in section 620K(b)(1)(A) tion, and only with respect to the tables in- been designated by the MCC as a threshold and (B) of the Foreign Assistance Act of 1961. cluded in the joint statement accompanying this country: Provided, That such a modification of The report shall also detail the amount, pur- Act, the Secretary of State and the Adminis- a compact or threshold program by the MCC poses and delivery mechanisms for any assist- trator of the United States Agency for Inter- should be made, if practicable, prior to making ance provided pursuant to the abovementioned national Development, as appropriate, may pro- available additional assistance for such pur- certification and a full accounting of any direct pose deviations to the amounts referenced in poses: Provided further, That the MCC shall support of such government. consult with the Committees on Appropriations subsection (a), subject to the regular notifica- TERMS AND CONDITIONS tion procedures of the Committees on Appropria- prior to exercising the authority of this subsection. SEC. 1108. Unless otherwise provided for in tions and section 634A of the Foreign Assistance this Act, funds appropriated or otherwise made (d) REPORT.—The Secretary of State, in con- Act of 1961. available in this title shall be available under SPENDING PLAN AND NOTIFICATION PROCEDURES sultation with the Administrator of the United States Agency for International Development the authorities and conditions provided in the SEC. 1104. (a) SPENDING PLAN.—Not later than (USAID), shall submit a spending plan not later Department of State, Foreign Operations, and 45 days after the enactment of this Act, the Sec- than 45 days after the date of enactment of this Related Programs Appropriations Act, 2009 (di- retary of State, in consultation with the Admin- Act to the Committees on Appropriations, and vision H of Public Law 111–8), except that sec- istrator of the United States Agency for Inter- prior to the initial obligation of funds appro- tions 7070(e), with respect to funds made avail- national Development, shall submit to the Com- priated for countries impacted by the global eco- able for macroeconomic growth assistance for mittees on Appropriations a report detailing nomic crisis, detailing the use of all funds on a Zimbabwe, and 7042(a) and (c) of such Act shall planned expenditures for funds appropriated in country-by-country, and project-by-project not apply to funds made available in this title. this title, except for funds appropriated under basis: Provided, That for each project, the re- MULTILATERAL DEVELOPMENT BANK the headings ‘‘International Disaster Assist- port shall include (1) the projected long-term REPLENISHMENTS ance’’ and ‘‘Migration and Refugee Assist- economic impact of providing such funds; (2) the SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ance’’. name of the entity or implementing organization ASSOCIATION.—The International Development (b) NOTIFICATION.—Funds made available in to which funds are being provided; (3) whether Association Act (22 U.S.C. 284 et seq.) is amend- this title shall be subject to the regular notifica- funds will be provided as a direct cash transfer ed by adding at the end thereof the following: tion procedures of the Committees on Appropria- to a local or national government entity; and (4) ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. tions and section 634A of the Foreign Assistance an assessment of whether USAID has reviewed ‘‘(a) The United States Governor of the Inter- Act of 1961. its existing programs in such country to deter- national Development Association is authorized GLOBAL FINANCIAL CRISIS mine reprogramming opportunities to increase to contribute on behalf of the United States SEC. 1105. (a) IN GENERAL.—Of the funds ap- assistance for vulnerable populations: Provided $3,705,000,000 to the fifteenth replenishment of propriated in this title under the heading ‘‘Eco- further, That funds transferred to the Develop- the resources of the Association, subject to ob- nomic Support Fund’’, not more than ment Credit Authority and the Overseas Private taining the necessary appropriations. $255,601,000 may be made available for assist- Investment Corporation are subject to the re- ‘‘(b) In order to pay for the United States con- ance for vulnerable populations in developing porting requirements in section 1104. tribution provided for in subsection (a), there

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14976 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 are authorized to be appropriated, without fis- a set of indicators can be devised that fairly rep- ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND cal year limitation, $3,705,000,000 for payment resent the value of internationally recognized GREENHOUSE GAS ACCOUNTING. by the Secretary of the Treasury. workers’ rights, including core labor standards, ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.— ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. in creating a stable and favorable environment The Secretary of the Treasury shall seek to en- ‘‘(a) The Secretary of the Treasury is author- for attracting private investment. The indicators sure that multilateral development banks (as de- ized to contribute, on behalf of the United shall bring to bear the experiences of the mem- fined in section 1701(c)(4) of this Act) adopt and States, not more than $356,000,000 to the Inter- ber governments in dealing with the economic, implement greenhouse gas accounting in ana- national Development Association for the pur- social and political complexity of labor market lyzing the benefits and costs of individual pose of funding debt relief under the Multilat- issues. The indicators should be developed projects (excluding those with de minimus eral Debt Relief Initiative in the period governed through collaborative discussions with and be- greenhouse gas emissions) for which funding is by the fifteenth replenishment of resources of tween the World Bank, the International Fi- sought from the bank. ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGA- the International Development Association, sub- nance Corporation, the International Labor Or- TION ACTIVITIES.—The Secretary of the Treas- ject to obtaining the necessary appropriations ganization, private companies, and labor ury shall work to ensure that the multilateral and without prejudice to any funding arrange- unions. development banks (as defined in section ments in existence on the date of the enactment ‘‘(2) Elimination of the ‘Labor Tax and Social 1701(c)(4)) expand their activities supporting cli- of this section. Contributions’ Subindicator from the annual mate change mitigation by— ‘‘(b) In order to pay for the United States con- Doing Business Report of the World Bank. ‘‘(3) Removal of the ‘Employing Workers’ In- ‘‘(1) significantly expanding support for in- tribution provided for in subsection (a), there vestments in energy efficiency and renewable are authorized to be appropriated, without fis- dicator as a ‘guidepost’ for calculating the annual Country Policy and Institutional Assess- energy, including zero carbon technologies; cal year limitation, not more than $356,000,000 ‘‘(2) reviewing all proposed infrastructure infor payment by the Secretary of the Treasury. ment score for each recipient country. ‘‘(b) Within 60 days after the date of the en- vestments to ensure that all opportunities for in- ‘‘(c) In this section, the term ‘Multilateral tegrating energy efficiency measures have been Debt Relief Initiative’ means the proposal set actment of this section, the Secretary of the Treasury shall provide an instruction to the considered; out in the G8 Finance Ministers’ Communique ‘‘(3) increasing the dialogue with the govern- United States Executive Directors referred to in entitled ‘Conclusions on Development,’ done at ments of developing countries regarding— London, June 11, 2005, and reaffirmed by G8 subsection (a) to take appropriate actions with ‘‘(A) analysis and policy measures needed for Heads of State at the Gleneagles Summit on July respect to implementing the policy goals of the low carbon emission economic development; and 8, 2005.’’. United States set forth in subsection (a), and ‘‘(B) reforms needed to promote private sector (b) AFRICAN DEVELOPMENT FUND.—The Afri- such instruction shall be posted on the website investments in energy efficiency and renewable can Development Fund Act (22 U.S.C. 290 et of the Department of the Treasury. energy, including zero carbon technologies; and seq.) is amended by adding at the end thereof ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY ‘‘(4) integrate low carbon emission economic the following: AND EFFECTIVENESS OF THE IN- development objectives into multilateral develop- SPECTION PANEL PROCESS OF THE ment bank country strategies. ‘‘SEC. 219. ELEVENTH REPLENISHMENT. WORLD BANK. ‘‘(a) The United States Governor of the Afri- ‘‘(c) REPORT TO CONGRESS.—Not later than 1 ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMEN- year after the date of the enactment of this sec- can Development Fund is authorized to con- TATION OF MANAGEMENT ACTION PLANS.—The tribute on behalf of the United States tion, and annually thereafter, the Secretary of Secretary of the Treasury shall direct the the Treasury shall submit a report on the status $468,165,000 to the eleventh replenishment of the United States Executive Directors at the World resources of the Fund, subject to obtaining the of efforts to implement this section to the Com- Bank to seek to ensure that World Bank Proce- mittee on Foreign Relations and the Committee necessary appropriations. dure 17.55, which establishes the operating pro- ‘‘(b) In order to pay for the United States con- on Appropriations of the Senate and the Com- cedures of Management with regard to the In- mittee on Financial Services and the Committee tribution provided for in subsection (a), there spection Panel, provides that Management pre- are authorized to be appropriated, without fis- on Appropriations of the House of Representa- pare and make available to the public semi- tives.’’. cal year limitation, $468,165,000 for payment by annual progress reports describing implementa- MULTILATERAL DEVELOPMENT BANK REFORM the Secretary of the Treasury. tion of Action Plans considered by the Board; ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIA- allow and receive comments from Requesters SEC. 1112. (a) BUDGET DISCLOSURE.—The Sec- TIVE. and other Affected Parties for two months after retary of the Treasury shall seek to ensure that ‘‘(a) The Secretary of the Treasury is author- the date of disclosure of the progress reports; the multilateral development banks make timely, ized to contribute, on behalf of the United post these comments on World Bank and Inspec- public disclosure of their operating budgets in- States, not more than $26,000,000 to the African tion Panel websites (after receiving permission cluding expenses for staff, consultants, travel Development Fund for the purpose of funding from the requestors to post with or without at- and facilities. debt relief under the Multilateral Debt Relief tribution); submit the reports to the Board with (b) EVALUATION.—The Secretary of the Treas- Initiative in the period governed by the eleventh any comments received; and make public the ury shall seek to ensure that multilateral devel- replenishment of resources of the African Devel- substance of any actions taken by the Board opment banks rigorously evaluate the develop- opment Fund, subject to obtaining the necessary after Board consideration of the reports. ment impact of selected bank projects, programs, and financing operations, and emphasize use of appropriations and without prejudice to any ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND random assignment in conducting such evalua- funding arrangements in existence on the date EFFECTIVENESS OF THE INSPECTION PANEL.—The of the enactment of this section. Secretary of the Treasury shall direct the tions, where appropriate and to the extent fea- ‘‘(b) In order to pay for the United States con- United States Executive Directors at the World sible. (c) EXTRACTIVE INDUSTRIES.—The Secretary of tribution provided for in subsection (a), there Bank to continue to promote the independence the Treasury shall direct the United States Ex- are authorized to be appropriated, without fis- and effectiveness of the Inspection Panel, in- ecutive Directors at the multilateral develop- cal year limitation, not more than $26,000,000 for cluding by seeking to ensure the availability of, ment banks to promote the endorsement of the payment by the Secretary of the Treasury.’’. and access by claimants to, the Inspection Panel Extractive Industry Transparency Initiative PROMOTION OF POLICY GOALS AT THE WORLD for projects supported by World Bank resources. (EITI) by these institutions and the integration BANK GROUP ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Secretary of the Treasury shall direct the of the principles of the EITI into extractive in- SEC. 1110. Title XVI of the International Fi- dustry-related projects that are funded by the nancial Institutions Act (22 U.S.C. 262p et seq.) United States Executive Directors at the World Bank to request an evaluation by the Inde- multilateral development banks. is amended by adding at the end thereof the fol- (d) REPORT.—Not later than September 30, pendent Evaluation Group on the use of coun- lowing: 2009, the Secretary of the Treasury shall submit try environmental and social safeguard systems ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ a report to the Committee on Appropriations to determine the degree to which, in practice, REPORT OF THE WORLD BANK. and the Committee on Foreign Relations of the the use of such systems provides the same level ‘‘(a) The Secretary of the Treasury shall in- Senate, and the Committee on Appropriations of protection at the project level as do the poli- struct the United States Executive Directors at and the Committee on Financial Services of the cies and procedures of the World Bank. the International Bank for Reconstruction and House of Representatives detailing actions taken ‘‘(d) WORLD BANK DEFINED.—In this section, Development, the International Development by the multilateral development banks to the term ‘World Bank’ means the International Association, and the International Finance Cor- achieve the objectives of this section. Bank for Reconstruction and Development and poration of the following United States policy (e) COORDINATION OF DEVELOPMENT POLICY.— the International Development Association.’’. goals, and to use the voice and vote of the The Secretary of the Treasury shall consult United States to actively promote and work to CLIMATE CHANGE MITIGATION AND GREENHOUSE with the Secretary of State, the Administrator of achieve these goals: GAS ACCOUNTING the United States Agency for International De- ‘‘(1) Suspension of the use of the ‘Employing SEC. 1111. Title XIII of the International Fi- velopment, and other Federal agencies, as ap- Workers’ Indicator for the purpose of ranking or nancial Institutions Act (22 U.S.C. 262m et seq.) propriate, in the formulation and implementa- scoring country performance in the annual is amended by adding at the end thereof the fol- tion of United States policy relating to the de- Doing Business Report of the World Bank until lowing: velopment activities of the World Bank Group.

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OVERSEAS COMPARABILITY PAY ADJUSTMENT Act may be used to pay recruitment, relocation, sultation with Coalition partners as appro- SEC. 1113. (a) Subject to such regulations pre- and retention bonuses under chapter 57 of title priate, shall submit to the appropriate congres- scribed by the Secretary of State, including with 5, United States Code to members of the Foreign sional committees a report, in classified form if respect to phase-in schedule and treatment as Service, other than chiefs of mission and ambas- necessary, setting forth the following: basic pay, and notwithstanding any other pro- sadors at large, who are on official duty in Iraq, (1) a description and assessment of the vision of law, funds appropriated for this fiscal Afghanistan, or Pakistan. This authority shall progress of United States Government efforts, year in this or any other Act may be used to pay terminate on October 1, 2010. including those of the Department of Defense, an eligible member of the Foreign Service as de- (e) Of the funds appropriated under the head- the Department of State, the United States fined in subsection (b) of this section a locality- ing ‘‘Foreign Military Financing Program’’ in Agency for International Development, and the based comparability payment (stated as a per- Public Law 110–161 that are available for assist- Department of Justice, in achieving the objec- centage) up to the amount of the locality-based ance for Colombia, $500,000 may be transferred tives for Afghanistan and Pakistan in sub- comparability payment (stated as a percentage) to, and merged with, funds appropriated under section (a); that would be payable to such member under the heading ‘‘International Narcotics Control (2) any modification of the metrics in subsection 5304 of title 5, United States Code if such and Law Enforcement’’ to provide medical and section (a) in light of circumstances in Afghani- member’s official duty station were in the Dis- rehabilitation assistance for members of Colom- stan or Pakistan, together with a justification trict of Columbia. bian security forces who have suffered severe infor such modification; and (b) A member of the Service shall be eligible juries. (3) recommendations for the additional resources or authorities, if any, required to for a payment under this section only if the AFGHANISTAN AND PAKISTAN COMMITMENT AND achieve such objectives for Afghanistan and member is designated class 1 or below for pur- CAPABILITIES REPORT poses of section 403 of the Foreign Service Act of Pakistan. SEC. 1116. (a) REPORTING REQUIREMENT.—Not (c) CLASSIFICATION.—Any report submitted in 1980 (22 U.S.C. 3963) and the member’s official later than the date of submission of the fiscal duty station is not in the continental United classified form shall include an unclassified year 2011 budget request, the President shall annex or summary of the matters contained in States or in a non-foreign area, as defined in submit a report to the appropriate congressional section 591.205 of title 5, Code of Federal Regu- the report. committees, in classified form if necessary, as- (d) DEFINITION.—For purposes of this section, lations. sessing the extent to which the Afghan and ‘‘appropriate congressional committees’’ (c) The amount of any locality-based com- Pakistani governments are demonstrating the means— parability payment that is paid to a member of necessary commitment, capability, conduct and (1) the Committees on Armed Services, Appro- the Foreign Service under this section shall be unity of purpose to warrant the continuation of priations, Foreign Relations, Homeland Security subject to any limitations on pay applicable to the President’s policy announced on March 27, and Governmental Affairs, and the Judiciary, locality-based comparability payments under 2009, to include: and the Select Committee on Intelligence of the section 5304 of title 5, United States Code. (1) the level of political consensus and unity Senate; and REFUGEE PROGRAMS AND OVERSIGHT of purpose across ethnic, tribal, religious and (2) the Committees on Armed Services, Appro- (INCLUDING TRANSFER OF FUNDS) political party affiliations to confront the polit- priations, Foreign Affairs, Homeland Security, SEC. 1114. (a) FUNDING.—Of the funds appro- ical and security challenges facing the region; and the Judiciary, and the Permanent Select priated in this title under the heading ‘‘Migra- (2) the level of government corruption that Committee on Intelligence of the House of Rep- tion and Refugee Assistance’’, up to $119,000,000 undermines such political consensus and unity resentatives. may be made available to the United Nations of purpose, and actions taken to eliminate it; TITLE XII (3) the actions taken by respective security Relief and Works Agency for activities in the DEPARTMENT OF TRANSPORTATION forces and appropriate government entities in West Bank and Gaza. OFFICE OF THE SECRETARY (b) OVERSIGHT.—Of the funds made available developing a counterinsurgency capability, con- in this title under the heading ‘‘Economic Sup- ducting counterinsurgency operations and es- PAYMENTS TO AIR CARRIERS port Fund’’ for assistance for the West Bank tablishing security and governance on the (AIRPORT AND AIRWAY TRUST FUND) and Gaza, $1,000,000 shall be transferred to, and ground; In addition to funds made available under merged with, funds available under the heading (4) the actions taken by respective intelligence Public Law 111–8 and funds authorized under ‘‘Administration of Foreign Affairs, Office of In- agencies in cooperating with the United States subsection 41742(a)(1) of title 49, United States spector General’’ for oversight of programs in on counterinsurgency and counterterrorism op- Code, to carry out the essential air service pro- the West Bank, Gaza and surrounding region. erations and in terminating policies and program, to be derived from the Airport and Airway grams, and removing personnel, that provide TECHNICAL AND OTHER PROVISIONS Trust Fund, $13,200,000, to remain available material support to extremist networks that tar- until expended. SEC. 1115. (a) MODIFICATION.—Title III of di- get United States troops or undermine United FEDERAL AVIATION ADMINISTRATION vision H of Public Law 111–8 is amended under States objectives in the region; the heading ‘‘Economic Support Fund’’ in the (5) the ability of the Afghan and Pakistani GRANTS-IN-AID FOR AIRPORTS second proviso by striking ‘‘up to $20,000,000’’ governments to effectively control and govern (AIRPORT AND AIRWAY TRUST FUND) and inserting ‘‘not less than $20,000,000’’. the territory within their respective borders; and (RESCISSION) (b) NOTIFICATION REQUIREMENT.—Funds ap- (6) the ways in which United States Govern- propriated by this Act that are transferred to Of the amounts authorized under sections ment assistance contributed, or failed to con- 48103 and 48112 of title 49, United States Code, the Department of State or the United States tribute, to achieving the actions outlined above. Agency for International Development from any $13,200,000 are permanently rescinded from (b) POLICY ASSESSMENT.—The President, on other Federal department or agency shall be amounts authorized for the fiscal year ending the basis of information gathered and coordi- September 30, 2008. subject to the regular notification procedures of nated by the National Security Council, shall GENERAL PROVISIONS—THIS TITLE the Committees on Appropriations, notwith- advise the appropriate congressional committees standing any other provision of law. on how such assessment requires, or does not re- SEC. 1201. Section 1937(d) of Public Law 109– (c) REEMPLOYMENT OF ANNUITANTS.— quire, changes to such policy. 59 (119 Stat. 1144, 1510) is amended— (1) Section 824 of the Foreign Service Act of (1) in paragraph (1) by striking ‘‘expendi- (c) DEFINITION.—For purposes of this section, 1980 (22 U.S.C. 4064) is amended in subsection ‘‘appropriate congressional committees’’ means tures’’ each place that it appears and inserting (g)(1) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ the Committees on Appropriations, Foreign Re- ‘‘allocations’’; and (2) in paragraph (2) by striking ‘‘expenditure’’ each place it appears; and, in subsection (g)(2) lations and Armed Services of the Senate, and and inserting ‘‘allocation’’. by striking ‘‘2009’’ and inserting instead ‘‘2010’’. the Committees on Appropriations, Foreign Af- (2) Section 61 of the State Department Basic SEC. 1202. A recipient and subrecipient of fairs and Armed Services of the House of Rep- Authorities Act of 1956 (22 U.S.C. 2733) is funds appropriated in Public Law 111–5 and ap- resentatives. amended in subsection (a)(1) by adding ‘‘, Paki- portioned pursuant to section 5311 and section stan,’’ after ‘‘Iraq’’ each place it appears; and, UNITED STATES POLICY REPORT ON AFGHANISTAN 5336 (other than subsection (i)(1) and (j)) of title in subsection (a)(2) by striking ‘‘2008’’ and in- AND PAKISTAN 49, United States Code, may use up to 10 percent serting instead ‘‘2010’’. SEC. 1117. (a) STATEMENT OF OBJECTIVES.— of the amount apportioned for the operating (3) Section 625 of the Foreign Assistance Act Not later than 90 days after the date of the en- costs of equipment and facilities for use in pub- of 1961 (22 U.S.C. 2385) is amended in subsection actment of this Act, the President shall submit lic transportation or for eligible activities under (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ to the appropriate congressional committees a section 5311(f): Provided, That a grant obli- each place it appears; and, in subsection clear statement of the objectives of United States gating such funds on or after February 17, 2009, (j)(1)(B) by striking ‘‘2008’’ and inserting in- policy with respect to Afghanistan and Paki- may be amended to allow a recipient and sub- stead ‘‘2010’’. stan, and the metrics to be utilized to assess recipient to use the funds made available for op- (d) INCENTIVES FOR CRITICAL POSTS.—Not- progress toward achieving such objectives. erating assistance: Provided further, That appli- withstanding sections 5753(a)(2)(A) and (b) REPORTING REQUIREMENT.—Not later than cable chapter 53 requirements apply, except for 5754(a)(2)(A) of title 5, United States Code, ap- March 30, 2010 and every 180 days thereafter the Federal share which shall be, at the option propriations made available by this or any other until September 30, 2011, the President, in con- of the recipient, up to 100 percent.

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SEC. 1203. Public Law 110–329, under the dered to the dealer under the Program to an en- plied toward the purchase or qualifying lease of heading ‘‘Project-Based Rental Assistance’’, is tity for disposal; a single new fuel efficient automobile. amended by striking ‘‘project-based vouchers’’ (3) in consultation with the Secretary of the (D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.— and all that follows up to the period and insert- Treasury, make electronic payments to dealers Not more than 7.5 percent of the total funds ing ‘‘activities and assistance for the provision for eligible transactions by such dealers, in ac- made available for the Program shall be used for of tenant-based rental assistance, including re- cordance with the regulations issued under sub- vouchers for the purchase or qualifying lease of lated administrative expenses, as authorized section (d); and category 3 trucks. under the United States Housing Act of 1937, as (4) in consultation with the Secretary of the (E) COMBINATION WITH OTHER INCENTIVES PER- amended (42 U.S.C. 1437 et seq.), $80,000,000, to Treasury and the Inspector General of the De- MITTED.—The availability or use of a Federal, remain available until expended: Provided, partment of Transportation, establish and pro- State, or local incentive or a State-issued vouch- That, such funds shall be made available within vide for the enforcement of measures to prevent er for the purchase or lease of a new fuel effi- 60 days of the enactment of this Act: Provided and penalize fraud under the program. cient automobile shall not limit the value or further, That in carrying out the activities au- (b) QUALIFICATIONS FOR AND VALUE OF issuance of a voucher under the Program to any thorized under this heading, the Secretary shall VOUCHERS.—A voucher issued under the Pro- person otherwise eligible to receive such a waive section (o)(13)(B) of the United States gram shall have a value that may be applied to voucher. Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’ offset the purchase price or lease price for a (F) NO ADDITIONAL FEES.—A dealer partici- SEC. 1204. Public Law 111–5 is amended by qualifying lease of a new fuel efficient auto- pating in the program may not charge a person striking the second proviso under the heading mobile as follows: purchasing or leasing a new fuel efficient auto- ‘‘HOME Investment Partnerships Program’’ and (1) $3,500 VALUE.—The voucher may be used to mobile any additional fees associated with the inserting ‘‘Provided further, That the housing offset the purchase price or lease price of the use of a voucher under the Program. credit agencies in each State shall distribute new fuel efficient automobile by $3,500 if— (G) NUMBER AND AMOUNT.—The total number these funds competitively under this heading (A) the new fuel efficient automobile is a pas- and value of vouchers issued under the Program and pursuant to their qualified allocation plan senger automobile and the combined fuel econ- may not exceed the amounts appropriated for (as defined in section 42(m) of the Internal Rev- omy value of such automobile is at least 4 miles such purpose. enue Code of 1986) to owners of projects who per gallon higher than the combined fuel econ- (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- have received or receive simultaneously an omy value of the eligible trade-in vehicle; CLES.— award of low-income housing tax credits under (B) the new fuel efficient automobile is a cat- (A) IN GENERAL.—For each eligible trade-in sections 42(h) and 1400N of the Internal Rev- egory 1 truck and the combined fuel economy vehicle surrendered to a dealer under the Pro- enue Code of 1986:’’. value of such truck is at least 2 miles per gallon gram, the dealer shall certify to the Secretary, SEC. 1205. Notwithstanding Section 1606, higher than the combined fuel economy value of in such manner as the Secretary shall prescribe amounts made available under Division A of Public Law 111–5 for the ‘‘Public Housing Cap- the eligible trade-in vehicle; by rule, that the dealer— ital Fund’’ to carry out capital and manage- (C) the new fuel efficient automobile is a cat- (i) has not and will not sell, lease, exchange, ment activities for public housing agencies as egory 2 truck that has a combined fuel economy or otherwise dispose of the vehicle for use as an authorized under section 9 of the United States value of at least 15 miles per gallon and— automobile in the United States or in any other Housing Act of 1937 (42 U.S.C. 1437g) shall be (i) the eligible trade-in vehicle is a category 2 country; and subject to 42 U.S.C. 1437j; for the ‘‘Community truck and the combined fuel economy value of (ii) will transfer the vehicle (including the en- Development Fund’’ to carry out the community the new fuel efficient automobile is at least 1 gine block), in such manner as the Secretary development block grant program under title I of mile per gallon higher than the combined fuel prescribes, to an entity that will ensure that the the Housing and Community Development Act economy value of the eligible trade-in vehicle; or vehicle— of 1974 (42 U.S.C. 5301 et seq.) shall be subject to (ii) the eligible trade-in vehicle is a category 3 (I) will be crushed or shredded within such 42 U.S.C. 5310 (or a waiver under 42 under 42 truck of model year 2001 or earlier; or period and in such manner as the Secretary pre- U.S.C. 5307(e)(2)); for ‘‘Native American Hous- (D) the new fuel efficient automobile is a cat- scribes; and ing Block Grants,’’ as authorized under title I of egory 3 truck and the eligible trade-in vehicle is (II) has not been, and will not be, sold, leased, the Native American Housing Assistance and a category 3 truck of model year of 2001 or ear- exchanged, or otherwise disposed of for use as Self-Determination Act of 1996 (25 U.S.C. 4111 et lier and is of similar size or larger than the new an automobile in the United States or in any seq.) (‘‘NAHASDA’’) shall be subject to 25 fuel efficient automobile as determined in a other country. U.S.C. 4114(b); and for a housing entity eligible manner prescribed by the Secretary. (B) SAVINGS PROVISION.—Nothing in subpara- to receive funding under title VIII of NAHASDA (2) $4,500 VALUE.—The voucher may be used to graph (A) may be construed to preclude a per- (25 U.S.C. 4221 et seq.) shall be subject to 25 offset the purchase price or lease price of the son who is responsible for ensuring that the ve- U.S.C. 411(b); and for a housing entity eligible new fuel efficient automobile by $4,500 if— hicle is crushed or shredded from— to receive funding under title VIII of NAHASDA (A) the new fuel efficient automobile is a pas- (i) selling any parts of the disposed vehicle (25 U.S.C. 4221 et seq.) shall be subject to 25 senger automobile and the combined fuel econ- other than the engine block and drive train (un- U.S.C. 4225(b). omy value of such automobile is at least 10 miles less with respect to the drive train, the trans- TITLE XIII—CONSUMER ASSISTANCE TO per gallon higher than the combined fuel econ- mission, drive shaft, or rear end are sold as sep- RECYCLE AND SAVE PROGRAM omy value of the eligible trade-in vehicle; arate parts); or (B) the new fuel efficient automobile is a cat- (ii) retaining the proceeds from such sale. SEC. 1301. SHORT TITLE. egory 1 truck and the combined fuel economy (C) COORDINATION.—The Secretary shall co- This title may be cited as the ‘‘Consumer As- value of such truck is at least 5 miles per gallon ordinate with the Attorney General to ensure sistance to Recycle and Save Act of 2009’’. higher than the combined fuel economy value of that the National Motor Vehicle Title Informa- SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE the eligible trade-in vehicle; or tion System and other publicly accessible sys- AND SAVE PROGRAM. (C) the new fuel efficient automobile is a cat- tems are appropriately updated on a timely (a) ESTABLISHMENT.—There is established in the National Highway Traffic Safety Adminis- egory 2 truck that has a combined fuel economy basis to reflect the crushing or shredding of ve- tration a voluntary program to be known as the value of at least 15 miles per gallon and the hicles under this section and appropriate reclas- ‘‘Consumer Assistance to Recycle and Save Pro- combined fuel economy value of such truck is at sification of the vehicles’ titles. The commercial gram’’ through which the Secretary, in accord- least 2 miles per gallon higher than the com- market shall also have electronic and commer- ance with this section and the regulations pro- bined fuel economy value of the eligible trade-in cial access to the vehicle identification numbers mulgated under subsection (d), shall— vehicle and the eligible trade-in vehicle is a cat- of vehicles that have been disposed of on a time- (1) authorize the issuance of an electronic egory 2 truck. ly basis. voucher, subject to the specifications set forth in (c) PROGRAM SPECIFICATIONS.— (d) REGULATIONS.—Notwithstanding the re- subsection (c), to offset the purchase price or (1) LIMITATIONS.— quirements of section 553 of title 5, United States lease price for a qualifying lease of a new fuel (A) GENERAL PERIOD OF ELIGIBILITY.—A Code, the Secretary shall promulgate final regu- efficient automobile upon the surrender of an el- voucher issued under the Program shall be used lations to implement the Program not later than igible trade-in vehicle to a dealer participating only in connection with the purchase or quali- 30 days after the date of the enactment of this in the Program; fying lease of new fuel efficient automobiles Act. Such regulations shall— (2) register dealers for participation in the that occur between July 1, 2009 and November 1, (1) provide for a means of registering dealers Program and require that all registered deal- 2009. for participation in the Program; ers— (B) NUMBER OF VOUCHERS PER PERSON AND (2) establish procedures for the reimbursement (A) accept vouchers as provided in this section PER TRADE-IN VEHICLE.—Not more than 1 vouch- of dealers participating in the Program to be as partial payment or down payment for the er may be issued for a single person and not made through electronic transfer of funds for purchase or qualifying lease of any new fuel ef- more than 1 voucher may be issued for the joint the amount of the vouchers as soon as prac- ficient automobile offered for sale or lease by registered owners of a single eligible trade-in ve- ticable but no longer than 10 days after the sub- that dealer; and hicle. mission of information supporting the eligible (B) in accordance with subsection (c)(2), to (C) NO COMBINATION OF VOUCHERS.—Only 1 transaction, as deemed appropriate by the Sec- transfer each eligible trade-in vehicle surren- voucher issued under the Program may be ap- retary;

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 6333 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 14979 (3) require the dealer to use the voucher in ad- paign to inform consumers about the Program paragraph (A), and posted under the words dition to any other rebate or discount advertised and where to obtain additional information. ‘‘Estimated New EPA MPG’’ and above the by the dealer or offered by the manufacturer for (g) RECORD KEEPING AND REPORT.— word ‘‘Combined’’ for vehicles of model year the new fuel efficient automobile and prohibit (1) DATABASE.—The Secretary shall maintain 1984 through 2007, or posted under the words the dealer from using the voucher to offset any a database of the vehicle identification numbers ‘‘New EPA MPG’’ and above the word ‘‘Com- such other rebate or discount; of all new fuel efficient vehicles purchased or bined’’ for vehicles of model year 2008 or later (4) require dealers to disclose to the person leased and all eligible trade-in vehicles disposed on the fueleconomy.gov website of the Environ- trading in an eligible trade-in vehicle the best of under the Program. mental Protection Agency for the make, model, estimate of the scrappage value of such vehicle (2) REPORT ON EFFICACY OF THE PROGRAM.— and year of such vehicle; or and to permit the dealer to retain $50 of any Not later than 60 days after the termination (C) with respect to an eligible trade-in vehicle amounts paid to the dealer for scrappage of the date described in subsection (c)(1)(A), the Sec- manufactured between model years 1978 through automobile as payment for any administrative retary shall submit a report to the Committee on 1985, the equivalent of the number described in costs to the dealer associated with participation Energy and Commerce of the House of Rep- subparagraph (A) as determined by the Sec- in the Program; resentatives and the Committee on Commerce, retary (and posted on the website of the Na- (5) consistent with subsection (c)(2), establish Science, and Transportation of the Senate de- tional Highway Traffic Safety Administration) requirements and procedures for the disposal of scribing the efficacy of the Program, including— using data maintained by the Environmental eligible trade-in vehicles and provide such infor- (A) a description of Program results, includ- Protection Agency for the make, model, and mation as may be necessary to entities engaged ing— year of such vehicle. in such disposal to ensure that such vehicles are (i) the total number and amount of vouchers (6) the term ‘‘dealer’’ means a person licensed disposed of in accordance with such require- issued for purchase or lease of new fuel efficient by a State who engages in the sale of new auto- ments and procedures, including— automobiles by manufacturer (including aggre- mobiles to ultimate purchasers; (A) requirements for the removal and appro- gate information concerning the make, model, (7) the term ‘‘eligible trade-in vehicle’’ means priate disposition of refrigerants, antifreeze, model year) and category of automobile; an automobile or a work truck (as such terms lead products, mercury switches, and such other (ii) aggregate information regarding the make, are defined in section 32901(a) of title 49, United toxic or hazardous vehicle components prior to model, model year, and manufacturing location States Code) that, at the time it is presented for the crushing or shredding of an eligible trade-in of vehicles traded in under the Program; and trade-in under this section— vehicle, in accordance with rules established by (iii) the location of sale or lease; (A) is in drivable condition; the Secretary in consultation with the Adminis- (B) an estimate of the overall increase in fuel (B) has been continuously insured consistent trator of the Environmental Protection Agency, efficiency in terms of miles per gallon, total an- with the applicable State law and registered to and in accordance with other applicable Federal nual oil savings, and total annual greenhouse the same owner for a period of not less than 1 or State requirements; gas reductions, as a result of the Program; and year immediately prior to such trade-in; (C) an estimate of the overall economic and (B) a mechanism for dealers to certify to the (C) was manufactured less than 25 years be- employment effects of the Program. Secretary that each eligible trade-in vehicle will fore the date of the trade-in; and (h) EXCLUSION OF VOUCHERS FROM INCOME.— be transferred to an entity that will ensure that (D) in the case of an automobile, has a com- (1) FOR PURPOSES OF ALL FEDERAL AND STATE the vehicle is disposed of, in accordance with bined fuel economy value of 18 miles per gallon PROGRAMS.—A voucher issued under this pro- such requirements and procedures, and to sub- or less; gram or any payment made for such a voucher mit the vehicle identification numbers of the ve- (8) the term ‘‘new fuel efficient automobile’’ pursuant to subsection (a)(3) shall not be re- hicles disposed of and the new fuel efficient means an automobile described in paragraph garded as income and shall not be regarded as automobile purchased with each voucher; (1), (2), (3), or (4)— a resource for the month of receipt of the vouch- (C) a mechanism for obtaining such other cer- (A) the equitable or legal title of which has er and the following 12 months, for purposes of tifications as deemed necessary by the Secretary not been transferred to any person other than determining the eligibility of the recipient of the from entities engaged in vehicle disposal; and the ultimate purchaser; voucher (or the recipient’s spouse or other fam- (B) that carries a manufacturer’s suggested (D) a list of entities to which dealers may ily or household members) for benefits or assist- retail price of $45,000 or less; transfer eligible trade-in vehicles for disposal; ance, or the amount or extent of benefits or as- (C) that— and sistance, under any Federal or State program. (i) in the case of passenger automobiles, cat- (6) provide for the enforcement of the pen- (2) FOR PURPOSES OF TAXATION.—A voucher egory 1 trucks, or category 2 trucks, is certified alties described in subsection (e). issued under the program or any payment made to applicable standards under section 86.1811–04 (e) ANTI-FRAUD PROVISIONS.— for such a voucher pursuant to subsection (a)(3) of title 40, Code of Federal Regulations; or (1) VIOLATION.—It shall be unlawful for any shall not be considered as gross income of the (ii) in the case of category 3 trucks, is certified person to violate any provision under this sec- purchaser of a vehicle for purposes of the Inter- to the applicable vehicle or engine standards tion or any regulations issued pursuant to sub- nal Revenue Code of 1986. under section 86.1816–08, 86–007–11, or 86.008–10 section (d) (other than by making a clerical (i) DEFINITIONS.—As used in this section— of title 40, Code of Federal Regulations; and error). (1) the term ‘‘passenger automobile’’ means a (D) that has the combined fuel economy value (2) PENALTIES.—Any person who commits a passenger automobile, as defined in section of at least— violation described in paragraph (1) shall be lia- 32901(a)(18) of title 49, United States Code, that (i) 22 miles per gallon for a passenger auto- ble to the United States Government for a civil has a combined fuel economy value of at least 22 mobile; penalty of not more than $15,000 for each viola- miles per gallon; (ii) 18 miles per gallon for a category 1 truck; tion. The Secretary shall have the authority to (2) the term ‘‘category 1 truck’’ means a non- or assess and compromise such penalties, and shall passenger automobile, as defined in section (iii) 15 miles per gallon for a category 2 truck; have the authority to require from any entity 32901(a)(17) of title 49, United States Code, that (9) the term ‘‘Program’’ means the Consumer the records and inspections necessary to enforce has a combined fuel economy value of at least 18 Assistance to Recycle and Save Program estab- this program. In determining the amount of the miles per gallon, except that such term does not lished by this section; civil penalty, the severity of the violation and include a category 2 truck; (10) the term ‘‘qualifying lease’’ means a lease the intent and history of the person committing (3) the term ‘‘category 2 truck’’ means a large of an automobile for a period of not less than 5 the violation shall be taken into account. van or a large pickup, as categorized by the Sec- years; (f) INFORMATION TO CONSUMERS AND DEAL- retary using the method used by the Environ- (11) the term ‘‘scrappage value’’ means the ERS.—Not later than 30 days after the date of mental Protection Agency and described in the amount received by the dealer for a vehicle upon the enactment of this Act, and promptly upon report entitled ‘‘Light-Duty Automotive Tech- transferring title of such vehicle to the person the update of any relevant information, the Sec- nology and Fuel Economy Trends: 1975 through responsible for ensuring the dismantling and de- retary, in consultation with the Administrator 2008’’; stroying of the vehicle; of the Environmental Protection Agency, shall (4) the term ‘‘category 3 truck’’ means a work (12) the term ‘‘Secretary’’ means the Secretary make available on an Internet website and truck, as defined in section 32901(a)(19) of title of Transportation acting through the National through other means determined by the Sec- 49, United States Code; Highway Traffic Safety Administration; retary information about the Program, includ- (5) the term ‘‘combined fuel economy value’’ (13) the term ‘‘ultimate purchaser’’ means, ing— means— with respect to any new automobile, the first (1) how to determine if a vehicle is an eligible (A) with respect to a new fuel efficient auto- person who in good faith purchases such auto- trade-in vehicle; mobile, the number, expressed in miles per gal- mobile for purposes other than resale; (2) how to participate in the Program, includ- lon, centered below the words ‘‘Combined Fuel (14) the term ‘‘vehicle identification number’’ ing how to determine participating dealers; and Economy’’ on the label required to be affixed or means the 17 character number used by the (3) a comprehensive list, by make and model, caused to be affixed on a new automobile pursu- automobile industry to identify individual auto- of new fuel efficient automobiles meeting the re- ant to subpart D of part 600 of title 40, Code of mobiles; and quirements of the Program. Federal Regulations; (15) the term ‘‘voucher’’ means an electronic Once such information is available, the Sec- (B) with respect to an eligible trade-in vehicle, transfer of funds to a dealer based on an eligible retary shall conduct a public awareness cam- the equivalent of the number described in sub- transaction under this program.

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(j) APPROPRIATION.—There is hereby appro- ment of the international monetary system and mittee on a New Income and Expenditure priated to the Secretary of Transportation whether the Fund has fully explored other Framework for the International Monetary $1,000,000,000, of which up to $50,000,000 is means of funding, to the Fund under article Fund (April 9, 2008) to prevent disruption to the available for administration, to remain available VII, section 1(i), of the Articles of Agreement of world gold market: Provided, That at least 30 until expended to carry out this section. the Fund: Provided, That prior to instructing days prior to any such vote, the Secretary shall TITLE XIV the United States Executive Director to provide consult with the appropriate congressional com- OTHER MATTERS consent to such amendments, the Secretary of mittees regarding the use of proceeds from the the Treasury shall consult with the appropriate sale of such gold: Provided further, That the INTERNATIONAL ASSISTANCE PROGRAMS congressional committees on the amendments to Secretary of the Treasury shall seek to ensure INTERNATIONAL MONETARY PROGRAMS be made to the New Arrangements to Borrow, that: UNITED STATES QUOTA, INTERNATIONAL including guidelines and criteria governing the ‘‘(1) the Fund will provide support to low-in- MONETARY FUND use of its resources; the countries that have come countries that are eligible for the Poverty For an increase in the United States quota in made commitments to contribute to the New Ar- Reduction and Growth Facility or other low-in- the International Monetary Fund, the dollar rangements to Borrow and the amount of such come lending from the Fund by making avail- equivalent of 4,973,100,000 Special Drawing commitments; and the steps taken by the United able Fund resources of not less than Rights, to remain available until expended: Pro- States to expand the number of countries so the $4,000,000,000; vided, That the cost of the amounts provided United States share of the expanded New Ar- ‘‘(2) such Fund resources referenced above herein shall be determined as provided under rangements to Borrow is representative of its will be used to leverage additional support by a the Federal Credit Reform Act of 1990 (2 U.S.C. share as of the date of enactment of this Act: significant multiple to provide loans with sub- 661 et. seq.): Provided further, That for purposes Provided further, That any loan under the au- stantial concessionality and debt service pay- of section 502(5) of the Federal Credit Reform thority granted in this subsection shall be made ment relief and/or grants, as appropriate to a Act of 1990, the discount rate in section with due regard to the present and prospective country’s circumstances: 502(5)(E) shall be adjusted for market risks: Pro- balance of payments and reserve position of the ‘‘(3) support provided through forgiveness of vided further, That section 504(b) of the Federal United States.’’. interest on concessional loans will be provided Credit Reform Act of 1990 (2 U.S.C. 661c(b)) and for not less than two years; and shall not apply. (2) in subsection (b)— ‘‘(4) the support provided to low-income coun- (A) by inserting ‘‘(1)’’ before ‘‘For the purpose tries occurs within six years, a substantial LOANS TO INTERNATIONAL MONETARY FUND of’’; amount of which shall occur within the initial For loans to the International Monetary Fund (B) by inserting ‘‘subsection (a)(1) of’’ after two years. under section 17(a)(2) and (b)(2) of the Bretton ‘‘pursuant to’’; and ‘‘(b) In addition to agreeing to and accepting Woods Agreements Act (Public Law 87–490, 22 (C) by adding at the end the following: the amendments referred to in section 64 of this U.S.C. 286e–2), as amended by this Act pursuant ‘‘(2) For the purpose of making loans to the Act relating to the use of proceeds from the sale to the New Arrangements to Borrow, the dollar International Monetary Fund pursuant to sub- of such gold, the United States Governor is au- equivalent of up to 75,000,000,000 Special Draw- section (a)(2) of this section, there is hereby authorized, consistent with subsection (a), to take ing Rights, to remain available until expended, thorized to be appropriated not to exceed the such actions as may be necessary, including in addition to any amounts previously appro- dollar equivalent of 75,000,000,000 Special Draw- those referred to in section 5(e) of this Act, to priated under section 17 of such Act: Provided, ing Rights, in addition to any amounts pre- also use such proceeds for the purpose of assist- That if the United States agrees to an expansion viously authorized under this section, except ing low-income countries. of its credit arrangement in an amount less than that prior to activation, the Secretary of the ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE the dollar equivalent of 75,000,000,000 Special Treasury shall report to Congress on whether ARTICLES OF AGREEMENT OF THE Drawing Rights, any amount over the United supplementary resources are needed to forestall FUND. States’ agreement shall not be available until or cope with an impairment of the international ‘‘The United States Governor of the Fund may further appropriated: Provided further, That monetary system and whether the Fund has agree to and accept the amendment to the Arti- the cost of the amounts provided herein shall be fully explored other means of funding, to remain cles of Agreement of the Fund as proposed in determined as provided under the Federal Credit available until expended to meet calls by the the resolution numbered 54–4 of the Board of Reform Act of 1990 (2 U.S.C. 661 et. seq.): Pro- Fund. Any payments made to the United States Governors of the Fund which was approved by vided further, That for purposes of section by the Fund as a repayment on account of the such Board on October 22, 1997: Provided, That 502(5) of the Federal Credit Reform Act of 1990, principal of a loan made under this section shall not more than one year after the acceptance of the discount rate in section 502(5)(E) shall be continue to be available for loans to the Fund.’’. such amendments to the Fund’s Articles of adjusted for market risks: Provided further, SEC. 1402. The Bretton Woods Agreements Act Agreement, the Secretary of the Treasury shall That section 504(b) of the Federal Credit Reform (22 U.S.C. 286 et seq.) is amended by adding at submit a report to the appropriate congressional Act of 1990 (2 U.S.C. 661c(b)) shall not apply. the end the following: committees analyzing Special Drawing Rights, GENERAL PROVISIONS—INTERNATIONAL ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE to include a discussion of how those countries ASSISTANCE PROGRAMS ARTICLES OF AGREEMENT OF THE that significantly use or acquire Special Draw- FUND. SEC. 1401. Section 17 of the Bretton Woods ing Rights in accordance with Article XIX, Sec- Agreements Act (22 U.S.C. 286e–2) is amended— ‘‘The United States Governor of the Fund may tion 2(c), use or acquire them; the extent to (1) in subsection (a)— agree to and accept the amendments to the Arti- which countries experiencing balance of pay- (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; cles of Agreement of the Fund as proposed in ment difficulties exchange or use their Special and the resolutions numbered 63–2 and 63–3 of the Drawing Rights to acquire reserve currencies; (B) by adding at the end the following: Board of Governors of the Fund which were ap- and the manner in which those reserve cur- ‘‘(2) In order to carry out the purposes of a proved by such Board on April 28, 2008 and May rencies are acquired when utilizing Special one-time decision of the Executive Directors of 5, 2008, respectively. Drawing Rights.’’. the International Monetary Fund (the Fund) to ‘‘SEC. 65. QUOTA INCREASE. SEC. 1403. (a) Not later than 30 days after en- expand the resources of the New Arrangements ‘‘(a) IN GENERAL.—The United States Gov- actment of this Act, the Secretary of the Treas- to Borrow, established pursuant to the decision ernor of the Fund may consent to an increase in ury, in consultation with the Executive Director of January 27, 1997 referred to in paragraph (1) the quota of the United States in the Fund of the World Bank and the Executive Board of above, and to make other amendments to the equivalent to 4,973,100,000 Special Drawing the International Monetary Fund (the Fund), New Arrangements to Borrow to achieve an ex- Rights. shall submit a report to the appropriate congres- panded and more flexible New Arrangements to ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- sional committees detailing the steps taken to Borrow as contemplated by paragraph 17 of the thority provided by subsection (a) shall be effec- coordinate the activities of the World Bank and G–20 Leaders’ Statement of April 2, 2009 in Lon- tive only to such extent or in such amounts as the Fund to avoid duplication of missions and don, the Secretary of the Treasury is authorized are provided in advance in appropriations Acts. programs, and steps taken by the Department of to instruct the United States Executive Director ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT the Treasury and the Fund to increase the over- to consent to such amendments notwithstanding OF THE FUND’S GOLD. sight and accountability of the Fund’s activi- subsection (d) of this section, and to make ‘‘(a) The Secretary of the Treasury is author- ties. loans, in an amount not to exceed the dollar ized to instruct the United States Executive Di- (b) For the purposes of this title, ‘‘appropriate equivalent of 75,000,000,000 Special Drawing rector of the Fund to vote to approve the sale of congressional committees’’ means the Commit- Rights, in addition to any amounts previously up to 12,965,649 ounces of the Fund’s gold ac- tees on Appropriations, Banking, Housing, and authorized under this section and limited to quired since the second Amendment to the Urban Affairs, and Foreign Relations of the such amounts as are provided in advance in ap- Fund’s Articles of Agreement, only if such sales Senate, and the Committees on Appropriations, propriations Acts, except that prior to activa- are consistent with the guidelines agreed to by Foreign Affairs, and Financial Services of the tion, the Secretary of the Treasury shall report the Executive Board of the Fund described in House of Representatives. to Congress on whether supplementary resources the Report of the Managing Director to the (c) In the next report to Congress on inter- are needed to forestall or cope with an impair- International Monetary and Financial Com- national economic and exchange rate policies,

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the Secretary of the Treasury shall: (1) report (c) None of the funds made available in this or RICHARD J. DURBIN, on ways in which the Fund’s surveillance func- any prior Act may be used to transfer an indi- TIM JOHNSON, tion under Article IV could be enhanced and vidual who is detained, as of the date of enact- MARY L. LANDRIEU, made more effective in terms of avoiding cur- ment of this Act, at Naval Station, Guantanamo JACK REED, rency manipulation; (2) report on the feasibility Bay, Cuba, into the continental United States, FRANK R. LAUTENBERG, and usefulness of publishing the Fund’s inter- Alaska, Hawaii, or the District of Columbia, for E. BENJAMIN NELSON, nal calculations of indicative exchange rates; the purposes of prosecuting such individual, or MARK PRYOR, and (3) provide recommendations on the steps detaining such individual during legal pro- JON TESTER, that the Fund can take to promote global finan- ceedings, until 45 days after the plan detailed in ARLEN SPECTER, cial stability and conduct effective multilateral subsection (d) is received. THAD COCHRAN, surveillance. (d) The President shall submit to the Con- KIT BOND, (d) The Secretary of the Treasury shall in- gress, in classified form, a plan regarding the MITCH MCCONNELL, struct the United States Executive Director of proposed disposition of any individual covered JUDD GREGG, the International Monetary Fund to use the by subsection (c) who is detained as of the date ROBERT F. BENNETT, voice and vote of the United States to oppose of enactment of this Act. Such plan shall in- LAMAR ALEXANDER, any loan, project, agreement, memorandum, include, at a minimum, each of the following for SUSAN COLLINS, strument, plan, or other program of the Fund to each such individual: GEORGE V. VOINOVICH, a Heavily Indebted Poor Country that imposes (1) The findings of an analysis regarding any LISA MURKOWSKI, budget caps or restraints that do not allow the risk to the national security of the United States Managers on the Part of the Senate. maintenance of or an increase in governmental that is posed by the transfer of the individual. spending on health care or education; and to (2) The costs associated with transferring the JOINT EXPLANATORY STATEMENT OF promote government spending on health care, individual in question. THE COMMITTEE OF CONFERENCE education, food aid, or other critical safety net (3) The legal rationale and associated court The managers on the part of the House and programs in all of the Fund’s activities with re- demands for transfer. Senate at the conference on the disagreeing spect to Heavily Indebted Poor Countries. (4) A plan for mitigation of any risk described votes of the two Houses on the amendment SEC. 1404. Title XVI of the International Fi- in paragraph (1). of the Senate to the bill (H.R. 2346) making nancial Institutions Act (22 U.S.C. 262p–262p–8) (5) A copy of a notification to the Governor of supplemental appropriations for the fiscal is amended by adding at the end the following: the State to which the individual will be trans- year ending September 30, 2009, and for other ‘‘The Secretary of the Treasury shall instruct ferred or to the Mayor of the District of Colum- purposes, submit the following joint state- the United States Executive Director at each of bia if the individual will be transferred to the ment to the House and Senate in explanation the International Financial Institutions (as de- District of Columbia with a certification by the of the effect of the action agreed upon by the fined in section 1701(c)(2) of this Act) to use the Attorney General of the United States in classi- managers and recommended in the accom- voice and vote of the United States to oppose the fied form at least 14 days prior to such transfer panying conference report. provision of loans or other use of the funds of (together with supporting documentation and The Senate amendment to the text deleted the respective institution to any country the justification) that the individual poses little or the entire House bill after the enacting government of which the Secretary of State has no security risk to the United States. clause and inserted the Senate bill, as determined, for purposes of section 6(j) of the (e) None of the funds made available in this or amended. This conference agreement in- Export Administration Act of 1979, section 620A any prior Act may be used to transfer or release cludes a revised bill. of the Foreign Assistance Act of 1961, or section an individual detained at Naval Station, Guan- Report language included by the House in 40 of the Arms Export Control Act, to be a gov- tanamo Bay, Cuba, as of the date of enactment the report accompanying H.R. 2346 (H. Rept. ernment that has repeatedly provided support of this Act, to the country of such individual’s 111–105) and included by the Senate in the re- for acts of international terrorism.’’. nationality or last habitual residence or to any port accompanying S. 1054 (S. Rept. 111–20) GENERAL PROVISIONS—THIS ACT other country other than the United States, un- should be complied with unless specifically less the President submits to the Congress, in addressed in this statement of the managers. AVAILABILITY OF FUNDS classified form 15 days prior to such transfer, The statement of the managers, while re- SEC. 14101. No part of any appropriation con- the following information: peating some report language for emphasis, tained in this Act shall remain available for ob- (1) The name of any individual to be trans- is not intended to negate the language re- ligation beyond the current fiscal year unless ferred or released and the country to which ferred to above unless expressly provided expressly so provided herein. such individual is to be transferred or released. herein. SEC. 14102. (a) OVERSEAS DEPLOYMENTS DES- (2) An assessment of any risk to the national CYBER SECURITY IGNATIONS.—Except as provided in subsections security of the United States or its citizens, in- (b) and (c), each amount in this Act is des- On May 29, 2009, the Administration re- cluding members of the Armed Services of the leased its cyberspace policy review. The con- ignated as being for overseas deployments and United States, that is posed by such transfer or other activities pursuant to sections 401(c)(4) ferees direct the Office of Management and release and the actions taken to mitigate such Budget to submit to the Committees on Ap- and 423(a)(1) of S. Con. Res. 13 (111th Con- risk. gress), the concurrent resolution on the budget propriations an unclassified report, no later (3) The terms of any agreement with another than July 15, 2009, including a comprehensive for fiscal year 2010. country for acceptance of such individual, in- (b) EMERGENCY DESIGNATIONS.—Each amount explanation of the resources requested in the cluding the amount of any financial assistance President’s fiscal year 2010 budget related to in titles I, II, IV, V, VII, VIII, IX, XII, XIII, related to such agreement. XIV, and VI except for amounts under the cyber security, and any budget amendments (f) Prior to the termination of detention oper- that might be necessary due to the findings heading ‘‘Coast Guard Operating Expenses’’ is ations at Naval Station, Guantanamo Bay, designated as necessary to meet emergency of the review. Classified annexes shall be Cuba, the President shall submit to the Congress provided as necessary to the individual Sub- needs pursuant to sections 403(a) and 423(b) of a report in classified form describing the disposi- S. Con. Res. 13 (111th Congress), the concurrent committees regarding programs in their ju- tion or legal status of each individual detained risdiction. Users of cyberspace have differing resolution on the budget for fiscal year 2010. at the facility as of the date of enactment of this (c) Subsection (a) shall not apply to the requirements, operating policies, philoso- Act. phies, and cost tradeoffs. Therefore, the re- amounts rescinded in section 309 for ‘‘Operation This Act may be cited as the ‘‘Supplemental port shall include an explanation of how the and Maintenance, Marine Corps’’, ‘‘Operation Appropriations Act, 2009’’. requested resources will provide additional and Maintenance, Air Force’’, and ‘‘Operation And the Senate agree to the same. security for the distinct users of cyberspace and Maintenance, Army Reserve’’. DAVID R. OBEY, SEC. 14103. (a) None of the funds made avail- including: federal, state, and local govern- JOHN P. MURTHA, able in this or any prior Act may be used to re- ments; the private sector, including critical NITA M. LOWEY, lease an individual who is detained as of the infrastructure sectors; academia and edu- ROSA L. DELAURO, date of enactment of this Act, at Naval Station, cation; and the general public. Upon trans- CHET EDWARDS, mittal of the report, the White House Cyber Guantanamo Bay, Cuba, into the continental Managers on the Part of the House. United States, Alaska, Hawaii, or the District of Security Policy Coordinator shall provide a Columbia. DANIEL K. INOUYE, classified briefing to the Committees on Ap- (b) None of the funds made available in this ROBERT C. BYRD, propriations. or any prior Act may be used to transfer an in- PATRICK J. LEAHY, TITLE I dividual who is detained as of the date of enact- TOM HARKIN, DEPARTMENT OF AGRICULTURE ment of this Act, at Naval Station, Guantanamo BARBARA A. MIKULSKI, FOREIGN AGRICULTURAL SERVICE Bay, Cuba, for the purpose of detention in the HERB KOHL, continental United States, Alaska, Hawaii, or PATTY MURRAY, Public Law 480 Title II Grants the District of Columbia, except as provided in BYRON L. DORGAN, The conference agreement provides subsection (c). DIANNE FEINSTEIN, $700,000,000 for Public Law 480 Title II grants

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 14982 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 as proposed by the Senate, instead of support terrorism prosecutions of national tailed classified annex. The intelligence com- $500,000,000 as proposed by the House. importance. munity, Department of Defense and other or- GENERAL PROVISIONS FEDERAL BUREAU OF INVESTIGATION ganizations are expected to fully comply Section 101. The conference agreement in- SALARIES AND EXPENSES with the recommendations and directions in cludes language making available funding The agreement provides $35,000,000 for the the classified annex accompanying this Act. for the Emergency Conservation Program. Federal Bureau of Investigation to inves- REPORTING REQUIREMENTS Section 102. The conference agreement pro- tigate mortgage fraud, predatory lending, fi- vides $71,270,000 to support $360,000,000 in di- nancial fraud and market manipulation. The conferees direct the Secretary of De- rect farm ownership loans, $400,000,000 in di- DRUG ENFORCEMENT ADMINISTRATION fense to provide a report to the congressional rect farm operating loans and $50,201,000 in defense committees within 30 days of enact- SALARIES AND EXPENSES unsubsidized guaranteed operating loans. ment of this Act on the allocation of the The agreement includes $20,000,000 for the TITLE II funds within the accounts listed in this title. Drug Enforcement Administration to expand The Secretary shall submit updated reports DEPARTMENT OF COMMERCE its Sensitive Investigation Unit program in 30 days after the end of each fiscal quarter ECONOMIC DEVELOPMENT ADMINISTRATION Mexico. until funds listed in this title are no longer ECONOMIC DEVELOPMENT ASSISTANCE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND available for obligation. The conferees direct PROGRAMS EXPLOSIVES that these reports shall include: a detailed The agreement includes $40,000,000 to pro- SALARIES AND EXPENSES accounting of obligations and expenditures vide grants under Trade Adjustment Assist- The agreement includes $4,000,000 for the of appropriations provided in this title by ance to communities and firms adversely im- Bureau of Alcohol, Tobacco, Firearms and program and subactivity group for the con- pacted by trade. Within 60 days of the enact- Explosives (ATF) for training and technical tinuation of military operations in Iraq and ment of this Act, the Department is directed assistance on improved explosives devices in Afghanistan, and a listing of equipment pro- to submit a plan to the House and Senate Iraq. The agreement also includes $4,000,000 cured using funds provided in this title. The Committees on Appropriations as to how to upgrade technology for ballistics evidence conferees expect that, in order to meet unan- this program will be implemented. sharing with Mexico and $6,000,000 for ticipated requirements, the Department of DEPARTMENT OF JUSTICE Project Gunrunner firearms trafficking ac- Defense may need to transfer funds within DETENTION TRUSTEE tivities along the southwest border. these appropriations accounts for purposes The agreement provides $60,000,000 for de- FEDERAL PRISON SYSTEM other than those specified in this report. The tention costs due to increased enforcement SALARIES AND EXPENSES conferees direct the Department of Defense activities along the United States-Mexico The agreement includes $5,038,000 for the to follow normal prior approval reprogram- border. Federal Prison System to monitor and trans- ming procedures should it be necessary to LEGAL ACTIVITIES late the communications of incarcerated ter- transfer funding between different appropriations accounts in this title. Additionally, the SALARIES AND EXPENSES, GENERAL LEGAL rorists and disseminate relevant information conferees direct that the Department con- ACTIVITIES to law enforcement agencies, as appropriate. tinue to report incremental contingency op- GENERAL PROVISION, THIS TITLE The agreement provides $1,648,000 for the erations costs for Operation Iraqi Freedom Criminal Division to supplement existing (INCLUDING RECISSION) and Operation Enduring Freedom on a training and assistance provided to inves- The agreement includes the following gen- monthly basis in the Cost of War Execution tigators, prosecutors, judges and other parts eral provision for this title: report as required by Department of Defense of the criminal justice systems of Iraq and Section 201 rescinds $3,000,000 appropriated Financial Management Regulation, chapter Afghanistan. to the Department’s Office of Inspector Gen- 23, volume 12. The conferees further direct SALARIES AND EXPENSES, UNITED STATES eral in Chapter 2 of Title I, P.L. 110–252, and the Department to continue to provide the ATTORNEYS reappropriates these funds to extend their Cost of War Reports to the congressional de- The agreement provides $5,000,000 for the availability. fense committees that include the following United States Attorneys for ongoing litiga- TITLE III—DEFENSE MATTERS information by appropriation: funding appro- tion expenses associated with terrorism pros- DEPARTMENT OF DEFENSE priated, funding allocated, monthly obliga- ecutions of national importance. The agree- The conference agreement recommends tions, monthly disbursements, cumulative ment also provides $10,000,000 to prosecute $77,161,439,000 for the Department of Defense, fiscal year obligations, and cumulative fiscal mortgage fraud, financial fraud and market instead of $81,299,888,000, as proposed by the year disbursements. manipulation. House, and $73,023,506,000, as proposed by the INTELLIGENCE, SURVEILLANCE AND UNITED STATES MARSHALS SERVICE Senate. RECONNAISSANCE SALARIES AND EXPENSES The following table provides details of the The agreement provides $10,000,000 for the supplemental appropriations for the Depart- The conferees agree to redirect the funds United States Marshals Service. Of the funds ment of Defense. requested for the Joint Rapid Acquisition Cell to high priority requirements identified provided, $4,000,000 is for enhanced judicial Conference rec- security in districts along the southwest bor- Chapter ommendation by the Intelligence, Surveillance and Recon- der, $5,000,000 is for the apprehension of naissance Task Force. The funds are distrib- criminals who have fled to Mexico, and Military Personnel ...... $18,726,150,000 uted to appropriations accounts in the same Operation and Maintenance ...... 32,547,114,000 $1,000,000 is to upgrade surveillance equip- Procurement ...... 25,846,718,000 manner as described in Senate Report 111–20. ment used to monitor drug cartels and vio- Research, Development, Test and Evaluation ...... 833,499,000 MILITARY PERSONNEL lent gang members. Revolving and Management Funds ...... 861,726,000 Other Department of Defense Programs ...... 2,301,992,000 NATIONAL SECURITY DIVISION The conference agreement recommends SALARIES AND EXPENSES CLASSIFIED ANNEX $18,726,150,000 for military personnel. The agreement includes $1,389,000 for the The recommendations for intelligence ac- The recommendations for each military National Security Division to continue to tivities are published in a separate and de- personnel account are shown below:

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MILITARY PERSONNEL SHORTFALL projected recruiting and retention levels; re- OPERATION AND MAINTENANCE cent rate increases in Basic Pay, Retired Pay The conference agreement includes an ad- Accrual, Basic Allowance for Housing, and The conference agreement recommends ditional $2,810,222,000 for identified shortfalls Basic Allowance for Subsistence; and unan- $32,547,114,000 for operation and maintenance. resulting from unbudgeted additional end ticipated programmatic adjustments such as The recommendations for each operation strength, which were a result of better-than- increased clothing and education costs. and maintenance account are shown below:

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PAKISTAN COUNTERINSURGENCY FUND Defense is directed to follow the same re- for children and families managing the dif- The conferees support the Administra- porting requirements that Congress has re- ficult challenges of military service. The tion’s efforts to increase the counterinsur- quired for the Afghanistan and Iraq Security funding is provided for, but not limited to, gency capability of the Pakistani security Forces Funds as outlined in section 317 of child care, counseling, spouse certification forces. The conferees believe that inter- this Act. and licensure, and Joint Family Assistance national military operations against al- The conferees believe civil-military oper- Centers. Funding is also available for the Qaeda and the Taliban in Afghanistan can- ations are a key component of successful Warrior Family Community Partnership to not succeed without a strong counterinsur- counterinsurgency efforts. However, the con- provide assistance to all soldiers and fami- gency effort by security forces in Pakistan. ferees do not support the creation of a Com- lies. mander’s Emergency Response Program However, the conferees are concerned about COMBAT UNIFORMS (CERP) or similar program for Pakistan, and providing the Department of Defense with The conferees understand that soldiers de- the authority and funding to conduct an as- have neither authorized nor provided funding for such a program anywhere in this Act. ployed to Afghanistan have serious concerns sistance program which would traditionally about the current combat uniform which fall under the purview of the Department of The conference agreement has made available $2,000,000 from the Pakistan Counter- they indicate provides ineffective camou- State. The conferees believe the Pakistan flage given the environment in Afghanistan. Counterinsurgency Fund (PCF) should reside insurgency Fund to provide humanitarian assistance to the people of Pakistan only as Accordingly, the conferees direct that within within the Department of State but underfunding made available the Department of stand the near term needs of the Pakistan part of civil-military training exercises carried out with Pakistan’s security forces Defense take immediate action to provide Security Forces and the lack of capacity combat uniforms to personnel deployed to within the State Department warrant an ex- through this fund. Finally, the conferees direct the Department to work with the Gov- Afghanistan with a camouflage pattern that ception to traditional lines of authority. is suited to the environment of Afghanistan. Therefore, the conferees support the Admin- ernment of Pakistan to establish a funding mechanism beginning in fiscal year 2010, The conferees further direct the Secretary of istration’s request for this fund under the the Army to provide a report on the program Department of Defense, but direct the Sec- using Pakistani funds, which can be applied to humanitarian needs in support of counter- plans and budgetary adjustments necessary retary of Defense and the Secretary of State to provide appropriate uniforms to deployed to jointly develop a plan for transitioning insurgency operations conducted inside of Pakistan. and deploying troops to Afghanistan. The re- the PCF from the Department of Defense to port shall be submitted to the congressional FAMILY ADVOCACY PROGRAM the Department of State by fiscal year 2010 defense committees by the end of fiscal year and to be fully executed by the Department The conference agreement provides 2009. of State by fiscal year 2011. The plan should $708,842,000 for family advocacy programs to identify the resources, personnel, and au- provide counseling and family assistance in- PROCUREMENT thorities required to facilitate the transfer cluding child psychologists, and other inter- The conference agreement recommends to the State Department, as well as goals vention efforts which is $94,000,000 above the $25,846,718,000 for procurement. and objectives for the successful completion request in order to enhance the activities of The recommendations for each procure- of this program. In addition, the Secretary of the Family Advocacy Program and provide ment account are shown below:

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STRYKER VEHICLES within 60 days after enactment of this Act. If curity requirements that were previously The conference agreement supports con- shortfalls still exist, the Army is expected to funded. The conferees deny the redundant tinuation of the Stryker vehicle program reprogram the necessary funds to accommo- funds. date the shortfalls. which has demonstrated excellent perform- F–22 AIRCRAFT ance in combat operations in the Central WEAPONS ENHANCEMENT PROGRAM Command area of operations. The conference The Air Force has informed the Congress The budget request included $32,461,000 for that funding in the amount of $45,000,000 is agreement provides $200,000,000 above the various force protection items and weapons budget request to procure additional Stryker required for the F–22 Raptor program to upgrades in Procurement, Marine Corps. The avoid a work stoppage in material processing vehicles. Funds may be used to procure addi- conferees note that the Congress previously tional medical evacuation vehicles, engineer and fabrication activities during fiscal year provided $23,000,000 in this procurement line 2009. The conferees direct the Secretary of squad vehicles and other Stryker variants, for a requirement that was subsequently not based on Army needs, and to sustain contin- the Air Force to use $45,000,000 from within validated and directs the Marine Corps to the funds provided to ensure that work pro- ued production. As part of the Department of apply those funds toward the requirements Defense Quadrennial Defense Review, the ceeds on schedule. None of the funds pro- in the fiscal year 2009 supplemental request vided in this Act shall be used to finance ac- Army is undertaking a major analysis of its for weapons enhancements. tracked and tactical wheeled vehicle needs. tivities to shut-down the F–22A production COMBAT OPERATIONS CENTERS This review will set the course for the future line. Funds may be used to explore options force and help establish the specific vehicle The conferees understand that subsequent to develop an export variant of the F–22A. to the budget submission, an Urgent Uni- requirements. The conferees direct the Sec- NATIONAL GUARD AND RESERVE EQUIPMENT retary of the Army to provide a report to the versal Needs Statement for additional Com- bat Operations Centers for Marine units in The National Guard and Reserve compo- congressional defense committees, no later nents traditionally receive less than a pro- than September 30, 2009 with the plan to sus- support of operations in Afghanistan was validated. The conference agreement pro- portionate share of funding to resource their tain Stryker vehicle production and the de- equipment needs. As a result, the conferees tails on which vehicles (variant and quan- vides $53,200,000 in Procurement, Marine Corps to fully satisfy this requirement. recommend funding of $500,000,000 for the Na- tity) will be procured with the provided fund- tional Guard and Reserve forces. Of that EXPLOSIVE ORDNANCE DISPOSAL SYSTEMS ing. amount, $300,000,000 is for the Army National RAPID EQUIPPING FORCE The budget request includes $35,000,000 for Guard; $50,000,000 for the Air National Guard; The conference agreement provides a U.S. Central Command Urgent Universal $75,000,000 for the U.S. Army Reserve; $309,000,000 for the Army Rapid Equipping Needs Statement for a Standoff Suicide $25,000,000 for the Navy Reserve; $25,000,000 Force (REF), including $99,000,000 for Bomber Detection System in Procurement, for the Marine Corps Reserve; and $25,000,000 Counter Sniper and Soldier Wearable Acous- Marine Corps. The conferees have been infor the Air Force Reserve to meet urgent tic Targeting Sniper Systems. This amount formed that the Urgent Universal Needs equipment needs that may arise this fiscal should satisfy numerous emergency requests Statement was suspended following the year. This funding will allow the National from forward deployed and forward deploying budget submission and therefore provide no Guard and Reserve components to procure units. The conferees direct the Secretary of funds for this effort. high priority equipment that may be used by the Army to provide an acquisition objective PHYSICAL SECURITY EQUIPMENT these units for both their combat missions and basis of issue plan for both vehicular and The budget request includes $112,200,000 in and their missions in support of State gov- soldier wearable sniper detection equipment Procurement, Marine Corps for physical se- ernors. [In thousands of dollars]

Budget request House Senate Conference

Army National Guard ...... 300,000 300,000 300,000 Air National Guard ...... 50,000 50,000 50,000 U.S. Army Reserve ...... 75,000 75,000 75,000 Navy Reserve ...... 25,000 25,000 25,000 Marine Corps Reserve ...... 25,000 25,000 25,000 Air Force Reserve ...... 25,000 25,000 25,000 Total National Guard and Reserve Equipment Account ...... 500,000 500,000 500,000

MINE RESISTANT AMBUSH PROTECTED VEHICLE urgently needed to protect servicemembers RESEARCH, DEVELOPMENT, TEST AND FUND against improvised explosive devices and EVALUATION other threats in Afghanistan. These new, The conferees recommend $4,543,000,000 for lightweight MRAPs operate better than cur- The conference agreement recommends the Mine Resistant Ambush Protected Vehi- rent vehicles in the close urban environ- $833,499,000 for research, development, test cle Fund, an increase of $1,850,000,000 above ments and challenging terrain of Afghani- and evaluation. the request and direct that the additional stan. The conferees expect that the Joint The recommendations for each research, funds shall be for the procurement and field- Program Office will move rapidly to field development, test and evaluation account ing of Mine Resistant Ambush Protected All these critical force protection assets to the Terrain Vehicles (M–ATV) only. M–ATVs are Warfighter. are shown below:

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KINETIC ENERGY INTERCEPTOR strongly encourage the Missile Defense $443,200,000 for the Defense Working Capital The conferees understand a stop work Agency to execute this test, within funds Fund, Army, to re-stock spare and repair order on the Kinetic Energy Interceptor that have been made available for KEI, to parts essential to the operational readiness (KEI) was issued May 11, 2009. However, the gain significant technical knowledge for this of the Army; $15,000,000 for the Defense KEI program had a booster flight test sched- program. Working Capital Fund, Air Force, for the uled in Fall 2009 that could provide an impor- REVOLVING AND MANAGEMENT FUNDS transportation of Fallen Heroes from the tant understanding of the technology risk theater of operations; and $403,526,000 for the for any future interceptor development. The DEFENSE WORKING CAPITAL FUNDS Defense Working Capital Fund, Defense- conferees further understand that the KEI The conference agreement recommends Wide, for contingency operations costs for program has already produced valuable tech- $861,726,000 for the Defense Working Capital the Defense Information Systems Agency nical accomplishments. The conferees Fund accounts. This supports funding of and the Defense Logistics Agency. [In thousands of dollars]

Budget request House Senate Conference

WCF—Army: Spare Parts ...... 443,200 443,200 443,200 443,200 Total, Working Capital Fund, Army ...... 443,200 443,200 443,200 443,200 WCF—Air Force: TWCF for Transportation of Fallen Heroes (transfer from IFF) ...... 0 15,000 15,000 Total, Working Capital Fund, Air Force ...... 0 15,000 15,000 WCF—Defense-Wide: DLA Distribution Depots ...... 33,600 33,600 33,600 33,600 DLA DRMS Operations ...... 34,416 34,416 34,416 34,416 DLA Supply Management ...... 322,410 322,410 322,410 322,410 DISA Information Services ...... 13,100 13,100 13,100 13,100 Total, Working Capital Fund, Defense-Wide ...... 403,526 403,526 403,526 403,526 Grand Total, Working Capital Funds ...... 846,726 846,726 861,726 861,726

OTHER DEPARTMENT OF DEFENSE The recommendations for the Defense PROGRAMS Health Program are shown below: DEFENSE HEALTH PROGRAM The conference agreement recommends $1,055,297,000 for the Defense Health Program. [In thousands of dollars]

Budget request House Senate Conference

Operation and Maintenance ...... 845,508 845,508 845,508 845,508 In-House Care ...... 178,828 178,828 178,828 178,828 Private Sector Care ...... 579,243 579,243 579,243 579,243 Consolidated Health Care ...... 68,196 68,196 68,196 68,196 Information Management/IT ...... 5,700 5,700 5,700 5,700 Education and Training ...... 9,119 9,119 9,119 9,119 Base Operations and Communications ...... 4,422 4,422 4,422 4,422 Procurement ...... 30,185 50,185 30,185 50,185 Rehabilitation Equipment ...... 20,000 ...... 20,000 Research, Development, Test & Evaluation ...... 33,604 201,604 33,604 159,604 Psychological Health and Traumatic Brain Injury ...... 100,000 ...... 75,000 Orthopedic Research ...... 68,000 ...... 51,000

TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL cluding regenerative medicine. This funding REHABILITATION EQUIPMENT HEALTH RESEARCH will continue and expand the existing ortho- The conference agreement provides The conference agreement provides pedic trauma research program, amputee re- $20,000,000 to procure equipment for rehabili- $75,000,000 for Traumatic Brain Injury (TBI) habilitation and reset research, and restora- tation facilities currently under construc- and Psychological Health peer-reviewed and/ tion of function. Serious limb trauma, vas- tion. The equipment will enable continued or competitively awarded research, develop- cular injuries, major limb tissue damage, state-of-the-art care for soldiers with various ment, test and evaluation efforts. The fund- and blood flow disruption contribute heavily types of injuries to recover to their full po- ing provided is to be allocated as rec- to United States military casualties in Iraq tential and return to a more normal way of ommended in the House Report 111–105 to and Afghanistan. The Department of Defense life. validate emergent approaches and tech- estimates indicate that nearly two thirds of nologies and to accelerate on-going pro- injuries sustained in combat in Iraq and Af- DRUG INTERDICTION AND COUNTER- grams for early diagnosis, assessment and ghanistan are musculoskeletal. Extremity DRUG ACTIVITIES, DEFENSE treatment of TBI and Psychological Health, injuries are the most prevalent injury, and including spinal cord injury, and com- amputations following battlefield injury now The conference agreement recommends plementary and alternative medicine. occur at twice the rate as in past wars. Un- $120,398,000 for the Drug Interdiction and ORTHOPEDIC RESEARCH derstanding how to treat and facilitate rapid Counter-Drug Activities, Defense program. The conference agreement provides recovery from orthopedic injuries should be The recommendations for the Drug Inter- $51,000,000 for orthopedic and other trauma one of the top priorities for the Military diction and Counter-Drug Activities, Defense research, treatment and rehabilitation in- Health System. program are shown below: [In thousands of dollars]

Budget request House Senate Conference

Afghanistan ...... 57,308 57,308 57,308 57,308 Pakistan ...... 25,800 25,800 10,000 10,000 Frontier Headquarters Construction ...... ¥11,800 ¥11,800 Mi–17 Overhaul ...... ¥4,000 ¥4,000 Tajikistan ...... 18,940 18,940 16,940 16,940 English Language Lab ...... ¥2,000 ¥2,000 Turkmenistan ...... 2,850 2,850 2,850 2,850 Kyrgyzstan ...... 21,520 21,520 21,520 21,520 Kazakhstan ...... 10,580 10,580 10,580 10,580 Uzbekistan ...... 4,000 0 4,000 1,000 Other regional support ...... 200 200 200 200

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Budget request House Senate Conference

Total Drug Interdiction and Counter-Drug Activities, Defense ...... 141,198 137,198 123,398 120,398

JOINT IMPROVISED EXPLOSIVE DEVICE The recommendations for the Joint Impro- DEFEAT FUND vised Explosive Device Defeat Fund are The conference agreement recommends shown below: $1,116,746,000 for the Joint Improvised Explo- sive Device Defeat Fund. [In thousands of dollars]

Budget request House Senate Conference

Attack the network ...... 499,830 499,830 349,830 349,830 Excess to requirement ...... ¥150,000 ¥150,000 Defeat the device ...... 607,389 457,389 457,389 457,389 Excess to requirement ...... ¥150,000 ¥150,000 ¥150,000 Train the force ...... 333,527 333,527 283,527 283,527 Excess to requirement ...... ¥50,000 ¥50,000 Staff and infrastructure ...... 26,000 26,000 26,000 26,000 Total Joint Improvised Explosive Device Defeat Fund ...... 1,466,746 1,316,746 1,116,746 1,116,746

OFFICE OF THE INSPECTOR GENERAL mander of a Combatant Command engaged DARPA: Sensor Tech- The conference agreement recommends in contingency operations overseas can be nology ...... 650,000 $9,551,000 for the Office of the Inspector Gen- met, funds may be used to purchase items DARPA: Guidance eral. having an investment item unit cost of not Technology ...... 9,270,000 General Support to GENERAL PROVISIONS more than $500,000. The conferees agree to delete section 10008 USD/I ...... 9,204,000 Title III contains several general provi- as proposed by the House regarding Com- 2009 Appropriations: sions, many of which extend or modify war- mander’s Emergency Response Program. Operation and Mainte- related authorities included in previous The conferees agree to delete section 10009 nance, Army: Acts. A brief description of the recommended as proposed by the House regarding military Fuel ...... 352,359,000 provisions follows: spouse career transition assistance intern- Operation and Mainte- The conferees agree to retain sections 10001 ship program. nance, Navy: and 301, as proposed by the House and the The conferees agree to delete section 10010 Fuel ...... 881,481,000 Senate, which establish the period of avail- as proposed by the House regarding the Air Operation and Mainte- ability for obligation for appropriations pro- Safety System for the Kyrgyz Republic. nance, Marine Corps: vided in this title and that funds made avail- The conferees agree to retain sections 10011 Fuel ...... 54,466,000 able in this title are in addition to amounts and 307 as proposed by the House and the Operation and Mainte- appropriated or made available for the De- Senate, which provide for the procurement of nance, Air Force: partment of Defense for fiscal year 2009. passenger motor vehicles for use by military Fuel ...... 925,203,000 (INCLUDING TRANSFER OF FUNDS) and civilian employees of the Department of Operation and Mainte- nance, Defense-Wide: The conferees agree to retain and amend Defense in Iraq and Afghanistan. The conferees agree to retain and amend Fuel ...... 81,135,000 sections 10002 and 302, as proposed by the sections 10012 and 308 as proposed by the Classified ...... 5,000,000 House and the Senate, which provide special House and the Senate regarding rescissions. Classified ...... 181,500,000 transfer authority for funds made available The rescissions agreed to are: Operation and Mainte- in this Act for the Department of Defense. (RESCISSIONS) nance, Army Reserve: The conferees agree to retain and amend Fuel ...... 23,338,000 2007 Appropriations: sections 10003 and 303, as proposed by the Operation and Mainte- House and the Senate, which provide for the Procurement, Marine Corps: nance, Navy Reserve: obligation and expenditure of funds related Fuel ...... 62,910,000 to activities pursuant to section 504(a)(1) of Training Devices ...... $53,200,000 CAC2S ...... 1,200,000 Operation and Mainte- the National Security Act of 1947. 2008 Appropriations: nance, Marine Corps (INCLUDING TRANSFER OF FUNDS) Other Procurement, Reserve: The conferees agree to retain and amend Army: Fuel ...... 1,250,000 sections 10004 and 304, as proposed by the Combat ID ...... 4,100,000 Operation and Mainte- House and the Senate, which provide for SAT Term, EMUT ...... 4,500,000 nance, Air Force Re- transfers from the Defense Cooperation Ac- LRAS3 ...... 8,400,000 serve: Smoke & Obscurant count. Fuel ...... 163,786,000 The conferees agree to retain and amend Family ...... 8,000,000 Operation and Mainte- Heaters and ECUs ...... 4,300,000 sections 10005 and 305, as proposed by the nance, Army Na- Procurement, Marine tional Guard: House and the Senate, which provide that, Corps: for construction projects in Afghanistan Fuel ...... 57,819,000 CAC2S ...... 10,300,000 Operation and Mainte- funded with operation and maintenance Aircraft Procurement, nance, Air National funds, supervisory and administrative costs Air Force: Guard: may be obligated when the contract is F–22A ...... 7,676,000 awarded. Common Support Fuel ...... 250,645,000 Aircraft Procurement, (INCLUDING RESCISSIONS) Equipment ...... 36,324,000 Research, Development, Army: The conferees agree to retain and amend Test and Evaluation, Common Ground section 10006, as proposed by the House, Navy: Equipment ...... 11,000,000 which provides a two year period of avail- Classified ...... 5,000,000 Airborne Avionics ...... 11,600,000 ability for the Iraq Security Forces Fund. Silent Guardian ...... 6,300,000 Procurement of Ammuni- The conferees agree to retain sections 10007 Research, Development, tion, Army: and 306, as proposed by the House and the Test and Evaluation, CTG, Tank, 120MM, All Senate, which provide authority to use oper- Air Force: Types ...... 46,800,000 ation and maintenance appropriations to CSAR–X RDT&E ...... 36,107,000 Signals, All Types ...... 50,100,000 purchase items having an investment item Research, Development, Mine, Clearing Charge, unit cost of not more than $250,000, or upon Test and Evaluation, All Types ...... 2,000,000 determination by the Secretary of Defense Defense-Wide: Ammo Components that the operational requirements of a Com- DARPA: Undistributed 150,000,000 (Renovation) ...... 8,200,000

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0655 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15011 Other Procurement, Defense to finance projects denied by the $34,500,000 for such activities. The House pro- Army: Congress in the fiscal year 2008 or fiscal year posed no funding for this account. With this Force XXI Battle Com- 2009 Department of Defense Appropriations funding, the Secretary of Energy, in coopera- mand Brigade & Acts. tion with the Director of National Intel- Below ...... 50,000,000 The conferees agree to retain section 10019 ligence, shall develop and implement a plan Modification of In- as proposed by the House, which bans the es- for investing these funds and sustaining this Service Equipment tablishment of permanent bases in Iraq or critical analytical capability. (OPA3) ...... 30,200,000 U.S. control over oil resources. DEFENSE NUCLEAR NONPROLIFERATION Defense Enterprise The conferees agree to retain section 10020 The conference agreement provides Wideband SATCOM and 311, as proposed by the House and the $55,000,000 for Defense Nuclear Nonprolifera- System ...... 6,000,000 Senate, which prohibit the obligation of ex- tion as proposed by the House and Senate. Long Range Advanced penditure of funds in this or any other Act to Scout Surveillance ... 47,300,000 establish a permanent base in Afghanistan. GENERAL PROVISIONS—THIS TITLE Night Vision Thermal The conferees retain and amend section The conference agreement includes a pro- Weapon Sight ...... 41,500,000 10021 as proposed by the House which revision proposed by the Senate concerning Field Feeding Equip- quires a report on Iraq troop draw down. Department of Energy Limited Transfer Au- ment ...... 7,000,000 The conferees agree to retain section 312 as thority. The House proposed no similar pro- Close Combat Tactical proposed by the Senate, which modifies revision. Trainer ...... 8,000,000 porting requirements on Iraq and Afghani- The conference agreement includes a pro- Lightweight Laser Des- stan Security Forces funds to include the vision proposed by the Senate concerning ignator Rangefinder 55,000,000 Pakistan Counterinsurgency Fund. Federal Employment Requirements. The Procurement, Marine The conferees agree to retain and amend House proposed no similar provision. Corps: section 313 as proposed by the Senate, which The conference agreement includes a pro- CAC2S ...... 10,300,000 modifies section 1174(h)(1), title 10 U.S.C. to vision proposed by the Senate amending sec- Other Procurement, Air allow recoupment of special pay, special sep- tion 3181 of Public Law 110–114 to deauthorize Force: aration benefits and voluntary separation in- two Corps of Engineers projects. The House Base Information Infra- centives. proposed no similar provision. structure ...... 17,500,000 The conferees agree to delete section 314 as The conference agreement includes a pro- Procurement, Defense- proposed by the Senate which designated vision proposed by the Senate concerning re- Wide: funding as being for overseas deployment programming of funds provided in Public Unmanned Vehicles ..... 6,400,000 and other activities. Law 111–5 to the Corps of Engineers. The Research, Development, The conferees agree to retain and amend House proposed no similar provision. Test and Evaluation, section 315 as proposed by the Senate regard- The conference agreement includes a pro- Army: ing a study of the detention facility at Naval vision proposed by the Senate concerning re- Aerial Common Sensor 157,710,000 Station Guantanamo Bay. programming of funds provided in Public Rapid Equipping Force 20,000,000 TITLE IV—SUBCOMMITTEE ON ENERGY Law 111–5 to the Bureau of Reclamation. The Armed Reconnaissance AND WATER DEVELOPMENT House proposed no similar provision. The conference agreement includes a pro- Helicopter ...... 10,000,000 DEPARTMENT OF DEFENSE—CIVIL Research, Development, vision proposed by the Senate restricting Test and Evaluation, DEPARTMENT OF THE ARMY spending on mission relocation of either the Navy: CORPS OF ENGINEERS—CIVIL design authority for the gas transfer systems Fuel ...... 30,510,000 OPERATION AND MAINTENANCE or tritium research and development facilities until an independent technical mission VH–71 ...... 47,000,000 The conference agreement provides review and cost analysis is performed. The CG (X) ...... 73,600,000 $42,875,000 for Operation and Maintenance, House proposed no similar provision. Harpoon Upgrades ...... 11,450,000 instead of $38,375,000 as proposed by the Sen- Aerial Common Sensor 30,000,000 The conference agreement includes a pro- ate. The House proposed no funding for this vision proposed by the Senate increasing the Classified ...... 24,500,000 account. Research, Development, cost ceiling for a Corps of Engineers project. Test and Evaluation, FLOOD CONTROL AND COASTAL EMERGENCIES The House proposed no similar provision. Air Force: The conference agreement provides The conference agreement deletes a provi- Fuel ...... 15,098,000 $754,290,000 for Flood Control and Coastal sion proposed by the Senate concerning Transformational 150,000,000 Emergencies as proposed by the Senate. The deconstruction of a Corps of Engineers SATCOM House proposed no funding for this account. project. The House proposed no similar pro- CSAR–X RDT&E ...... 92,469,000 Within the funds provided, $315,290,000 is for vision. Single Integrated Air the Corps to prepare for flood, hurricane, and The conference agreement includes a pro- Picture ...... 20,000,000 other natural disasters; support emergency vision proposed by the Senate concerning the MILSATCOM Terminals 10,000,000 operations, repairs, and other activities in Innovative Technology Loan Guarantee Pro- response to flood and hurricane emergencies, gram in the Energy Department. The House The conferees agree to delete section 10013 as authorized by law; and repair and reha- proposed no similar provision. as proposed by the House regarding the bilitate eligible projects that were affected TITLE V transfer of $150,600,000 from various Army by natural disasters. An additional EXECUTIVE OFFICE OF THE PRESIDENT procurement accounts to military personnel $439,000,000 is provided for barrier island res- accounts. AND FUNDS APPROPRIATED TO THE toration and ecosystem restoration along PRESIDENT The conferees agree to delete section 10014 the Mississippi Gulf Coast. as proposed by the House which rescinds un- NATIONAL SECURITY COUNCIL DEPARTMENT OF ENERGY obligated balances from Operation and Main- SALARIES AND EXPENSES ENERGY PROGRAMS tenance, Defense-Wide. The conference agreement includes an ad- (INCLUDING TRANSFER OF FUNDS) STRATEGIC PETROLEUM RESERVE ditional appropriation of $2,936,000 for the The conferees agree to retain and amend (TRANSFER OF FUNDS) National Security Council, as proposed by section 10015 as proposed by the House which The conference agreement provides both the House and the Senate. provides for retroactive Stop Loss payments. $21,585,723 for Strategic Petroleum Reserve THE JUDICIARY The conferees agree to retain section 10016 to be derived by transfer from the SPR Pe- COURTS OF APPEALS, DISTRICT COURTS, AND as proposed by the House which provides for troleum Account as proposed by the House OTHER JUDICIAL SERVICES authority to retire certain aircraft. and Senate. SALARIES AND EXPENSES The conferees agree to retain sections 10017 ATOMIC ENERGY DEFENSE ACTIVITIES and 309, as proposed by the House and the (INCLUDING TRANSFER OF FUNDS) NATIONAL NUCLEAR SECURITY Senate, which prohibit obligation or expend- The conference agreement provides an ad- ADMINISTRATION iture of funds contrary to the provisions of ditional appropriation of $10,000,000 for the Section 814 of the National Defense Author- WEAPONS ACTIVITIES Federal Judiciary, as proposed by the Sen- ization Act, Fiscal Year 2007 (P.L. 109–364). The conference agreement provides ate, available for transfer between Judiciary The conferees agree to retain sections 10018 $30,000,000 to sustain a program at the nu- accounts to meet increased workload re- and 310, as proposed by the House and the clear weapons laboratories and other entities quirements resulting from immigration and Senate, which prohibit the use of funds to analyze nuclear and biological weapons other law enforcement initiatives. The House available in this Act for the Department of intelligence. The Senate bill proposed did not include funding for this purpose.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15012 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 INDEPENDENT AGENCIES transport unaccompanied illegal alien chil- Section 602. The agreement includes a pro- FINANCIAL CRISIS INQUIRY COMMISSION dren (UAC); $30,000,000 shall be to fund the vision proposed by the House permitting the hiring of up to 125 CBP Officers, as well as Coast Guard to issue a certificate of docu- SALARIES AND EXPENSES other personnel, equipment, facilities and mentation for the vessel MARYLAND INDE- The conference report appropriates operations costs for additional deployment PENDENCE to engage in coastwise trade and $8,000,000, to remain available until February to Southwest border ports of entry; and waives certain sections of the Jones Act. 15, 2011, for the necessary expenses of the Fi- $10,000,000 shall be to procure competitively This authority is terminated if the vessel is nancial Crisis Inquiry Commission estab- non-intrusive inspection equipment, all as conveyed or repairs or alterations are made lished by section 5 of Public Law 111–21 (en- described in the Senate report. The Sec- to the vessel outside the United States. acted on May 20, 2009). The Senate bill pro- retary of Homeland Security shall submit an (INCLUDING RECSISSION OF FUNDS) vided $4,000,000 for this purpose, appropriated expenditure plan to the committees on Ap- Section 603. The agreement includes a pro- to the Department of the Treasury for trans- propriations prior to obligating these funds, vision proposed by the Senate rescinding and fer to the Commission. Now that the author- and not later than 30 days after the date of appropriating funds previously allocated to ization has become law, the conferees de- enactment of this Act. cided to make the appropriation directly to the State of Mississippi. a new account for the Commission. In addi- AIR AND MARINE INTERDICTION, OPERATIONS, Section 604. The agreement includes a pro- tion, the conference agreement makes the MAINTENANCE, AND PROCUREMENT vision proposed by the Senate amending lan- funds available through February 15, 2011, The agreement provides $5,000,000 for Air guage under the heading Federal Emergency rather than through December 31, 2010 as and Marine Interdiction, Operations, Mainte- Management Agency, Management and Ad- proposed by the Senate, in order to improve nance, and Procurement as proposed by the ministration, Public Law 110–329. consistency with the authorizing legislation. Senate. The House bill contained no similar Section 605. The agreement includes a pro- The House bill did not include funding for funding. The Secretary shall submit an ex- vision proposed by the Senate permitting the this new Commission. penditure plan to the Committees on Appro- Secretary to waive certain requirements of SECURITIES AND EXCHANGE COMMISSION priations prior to obligating these funds, and the Federal Fire Prevention and Control Act not later than 30 days after the date of en- of 1974. The House bill contained a similar SALARIES AND EXPENSES actment of this Act. provision under the heading Federal Emer- The conference agreement includes an ad- U.S. IMMIGRATION AND CUSTOMS gency Management Agency, Firefighter As- ditional appropriation of $10,000,000, as pro- ENFORCEMENT sistance Grants. posed by the Senate, for the Securities and Section 606. The agreement includes a pro- SALARIES AND EXPENSES Exchange Commission for investigation of vision proposed by the Senate regarding securities fraud. The House bill did not in- The agreement provides $66,800,000 for U.S. State-run case management programs re- clude funding for this purpose. Immigration and Customs Enforcement lated to Hurricanes Katrina and Rita. GENERAL PROVISIONS—THIS TITLE (ICE) Salaries and Expenses as proposed by Section 607. The agreement includes a pro- the Senate. The House bill contained no Section 501 of the conference report makes vision proposed by the Senate that amends similar funding. Included in this total is a technical correction to Public Law 110–428 Section 552 of Public Law 110–161 pertaining $11,800,000 for increased costs of ICE to care relating to judicial survivors’ annuities. This to primary or secondary schools damaged by for and transport UAC to the Department of provision was proposed by the Senate; the Hurricanes Katrina and Rita. Health and Human Services (HHS), pursuant House had no comparable language. Section 608. The agreement includes a pro- to the requirements in the William Wilber- Section 502 of the conference report vision proposed by the Senate pertaining to force Trafficking Victims Protection Reau- amends the appropriation of District of Co- Disaster Assistance Direct Loans made pur- thorization Act of 2008 (P.L. 110–457). In addi- lumbia funds in the Financial Services and suant to P.L. 111–5 for FEMA–1791–DR. tion, the bill includes $55,000,000 for response General Government Appropriations Act, Section 609. The agreement includes a new to border security issues, as discussed in the 2009 to incorporate any subsequent budget provision pertaining to debris removal and Senate report. Prior to obligation of the amendments adopted by the District of Co- public assistance for damages associated funds, the Secretary shall submit an expend- lumbia Council. This provision was proposed with FEMA–1791–DR, FEMA–1792–DR, iture plan to the Committees on Appropria- by the Senate; the House had no comparable FEMA–1841–DR, AND FEMA–1838–DR. tions not later than 30 days after the date of language. DEPARTMENT OF THE INTERIOR Section 503 of the conference report alters enactment of this Act. The Department of Homeland Security DEPARTMENT-WIDE PROGRAMS the set aside of not less than $3,000,000 in the (DHS) is directed, jointly with HHS, to brief fiscal year 2009 appropriation for the Federal WILDLAND FIRE MANAGEMENT the Committees on Appropriations no late Communications Commission, to make that (INCLUDING TRANSFER OF FUNDS) than July 3, 2009, on the fiscal year 2009 costs amount available for developing a national to date for handling UAC pursuant to P.L. The conference agreement includes broadband plan pursuant to the American 110–457 and the estimated costs for the same $50,000,000 as requested for wildfire suppres- Recovery and Reinvestment Act instead of activity in fiscal year 2010. sion and emergency rehabilitation activities for a State Broadband Data and Develop- of the Department of the Interior, available ment matching grants program. This provi- COAST GUARD only if other available funds will be ex- sion was proposed by the Senate; the House OPERATING EXPENSES hausted imminently. If it enhances the effi- had no comparable language. The agreement provides $139,503,000 for ciency or effectiveness of Federal wildland Section 504 of the conference report in- Coast Guard Operating Expenses as proposed fire suppression activities, the Secretary of cludes language proposed by the Senate by the Senate. The House bill contained the Interior may transfer any of these funds amending the Federal Deposit Insurance Act $129,503,000 within the Navy Operations and to the Secretary of Agriculture for similar so as to preempt certain state interest rate Maintenance appropriation and no funding activities. The Committee notes that al- ceilings, effective through December 31, 2010. for maintenance of High Endurance Cutters. though wildfire suppression projections are The House had no comparable provision. Of this total, $129,503,000 is for support of challenging this early in the season, models PANDEMIC INFLUENZA overseas contingency operations, and and experience indicate that it is highly The conference agreement does not contain $10,000,000 is for addressing the High Endur- likely that existing available funds will not provisions proposed by the Senate making ance Cutter maintenance backlog. The Coast be sufficient if another fire season like the appropriations within the Executive Office of Guard is directed to provide a briefing by past three occurs. the President for pandemic influenza pre- July 15, 2009, on how it plans to apply the DEPARTMENT OF AGRICULTURE cutter maintenance funds. paredness and response. Rather, this matter FOREST SERVICE is addressed in the Labor-HHS-Education FEDERAL EMERGENCY MANAGEMENT AGENCY WILDLAND FIRE MANAGEMENT and State/Foreign Operations titles of the STATE AND LOCAL PROGRAMS conference agreement, as in the House (INCLUDING TRANSFER OF FUNDS) The agreement provides $30,000,000 for version of the bill. The conference agreement includes State and Local Programs for Operation $200,000,000 as requested for wildfire suppres- TITLE VI Stonegarden as proposed by the Senate. The sion and emergency rehabilitation activities DEPARTMENT OF HOMELAND SECURITY House bill contained no similar funding. of the Forest Service, available only if other U.S. CUSTOMS AND BORDER PROTECTION GENERAL PROVISIONS—THIS TITLE available funds will be exhausted immi- SALARIES AND EXPENSES Section 601. The agreement includes and nently. If it enhances the efficiency or effec- The agreement provides $46,200,000 for U.S. modifies a provision proposed by the House tiveness of Federal wildland fire suppression Customs and Border Protection (CBP) Sala- permitting the Coast Guard to issue a cer- activities, the Secretary of Agriculture may ries and Expenses as proposed by the Senate. tificate of documentation for the drydock transfer not more than $50,000,000 of these The House bill contained no similar funding. ALABAMA to engage in coastwise trade and funds to the Secretary of the Interior for Of this, $6,200,000 shall be to care for and waives certain sections of the Jones Act. similar activities. The Committee notes that

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15013 although wildfire suppression projections are HHS has nearly exhausted all prior appro- As proposed by the House, the conferees di- challenging this early in the season, models priated influenza pandemic funds to respond rect the Secretary of HHS to provide month- and experience indicate that it is highly to the current H1N1 influenza outbreak. Sup- ly reports to the Committees on Appropria- likely that existing available funds will not plemental funding is needed to continue to tions of the House of Representatives and be sufficient if another fire season like the address this current outbreak, but also to the Senate updating the status of actions past three occurs. prepare for the potential of future outbreaks, taken and funds obligated in this and pre- GENERAL PROVISIONS—THIS TITLE increased severity of the virus, or for a new vious appropriations Acts for pandemic influ strain to emerge. As such, this funding Sec. 701. The conference agreement influenza preparedness and response activities. may be used for an array of pandemic influ- cludes a technical correction as proposed by These reports should be provided no later enza preparedness and response activities, the Senate that amends Public Law 111–8 than 15 days after the end of each month. including the development and purchase of concerning training of staff at the Agency Further, the Secretary shall include appro- vaccines, antiviral drugs, medical supplies for Toxic Substances and Disease Registry. priations provided in this Act when pre- and personal protective equipment, diag- The House had no similar provision. paring the semi-annual report to Congress on nostic and vaccine delivery equipment, for The conference agreement does not include influenza pandemic preparedness spending. upgrading State and local public health ca- a provision proposed by the Senate that ex- The Senate did not propose similar language. pacity, and domestic and international sur- empts youth conservation employment pro- Contingent emergency appropriation veillance. Additionally, funding may be used grams in the Department of the Interior and to support the activities for which prior The conference agreement includes an ad- the Forest Service from Section 1606 of divi- funding was provided, but has been diverted ditional $5,800,000,000 as a contingent emer- sion A, title XVI of Public Law 111–5. The to address the current outbreak. gency appropriation to provide Federal, conferees have been assured by the Depart- As proposed by the House, the conference State, and local public health and emergency ment of the Interior officials that they have agreement includes bill language that per- response agencies with resources to effec- legal authorities to conduct youth projects mits the Secretary of HHS to transfer fund- tively respond should an escalation of the under the American Recovery and Reinvest- ing to other Federal agencies to be used to H1N1 virus or another emergent influenza ment Act with appropriate entities, such as prepare for and respond to an influenza pan- virus require a national vaccination pro- the Youth Conservation Corps and Public demic. Funds may also be transferred to the gram. On June 2, 2009, the President sub- Lands Corps. Covered Countermeasure Process Fund for mitted a request for $2,000,000,000 in contin- TITLE VIII the purpose of administering compensation gent funds, plus authority to transfer and re- DEPARTMENT OF HEALTH AND HUMAN claims for individuals who may experience direct Recovery Act and other prior appro- SERVICES adverse reactions caused by the administra- priations for this purpose. The conferees agree that additional, substantial, and flexi- ADMINISTRATION FOR CHILDREN AND FAMILIES tion or use of a covered countermeasure, such as vaccines and antiviral drugs. Such ble resources should be provided to respond REFUGEE AND ENTRANT ASSISTANCE transfers shall be made in consultation with to this emerging situation; however, the con- The conference agreement includes the Director of the Office of Management ferees believe they should be provided in a $82,000,000 for refugee and entrant assistance, and Budget (OMB). Not later than 15 days more efficient manner. as proposed by the Senate. The House pro- prior to transferring any funds, the Sec- Moreover, to ensure that these resources posed these funds within the Department of retary must notify the Committees on Ap- are used for urgent needs, with oversight and Defense, including transfer authority to propriations of the House of Representatives accountability, this funding is available for other Federal agencies. The conferees intend and the Senate of the planned uses of the obligation only if the President provides that these funds be used for the care and cus- funds. The Senate did not propose similar written notice to Congress that emergency tody of unaccompanied alien children, to language. Additionally, the conferees direct funds are required to address critical needs allow the Office of Refugee Resettlement to the Secretary to consult with the Director of related to emerging influenza viruses. Funds implement the provisions of Public Law 110– OMB when making funding allocations with- may be transferred to other appropriation 457, the William Wilberforce Trafficking Vic- in HHS. accounts of the Department of Health and tims Protection Reauthorization Act Within the total, the conference agreement Human Services and other Federal agencies (TVPRA) of 2008. The conferees direct the includes no less than $200,000,000 for the Cen- in consultation with the Director of the Of- Department of Health and Human Services, ters for Disease Control and Prevention fice of Management and Budget. Further, in conjunction with the Department of (CDC) as proposed by the House. The Senate none of the funds provided through this con- Homeland Security, to provide a briefing to did not include a similar provision. CDC is tingent emergency appropriation shall be the Committees on Appropriations no later the lead Federal agency involved with de- made available for obligation until 15 days than July 3, 2009 on the increased costs in tecting, preparing for, and responding to in- following the submittal of detailed obliga- fiscal year 2010 associated with imple- fectious disease outbreaks. Funding will be tion plans to the Committees on Appropria- menting the TVPRA. used for such activities as U.S. and global tions of the House of Representatives and OFFICE OF THE SECRETARY disease detection and surveillance, labora- the Senate. Such plans shall identify the tory capacity and research, diagnostic capa- PUBLIC HEALTH AND SOCIAL SERVICES amounts and the activities for which funds bilities, risk communication, rapid response, EMERGENCY FUND are specified by the President, shall be pre- distribution of medical supplies and treat- pared by HHS or any other Federal agency (INCLUDING TRANSFER OF FUNDS) ments from the Strategic National Stock- receiving funds, and shall be coordinated The conference agreement includes pile, guidance development, and assistance with the Executive Office of the President. $1,850,000,000 for pandemic influenza pre- to State and local governments. GENERAL PROVISIONS—THIS TITLE paredness and response as proposed by the Also within the total, the conference House. The Senate proposed $1,500,000,000 in agreement includes no less than $350,000,000 (TRANSFER OF FUNDS) the Executive Office of the President. Fund- for upgrading State and local capacity as Sec. 801. The conference agreement in- ing is available until expended, as proposed proposed by the House. The Senate did not cludes a provision as proposed by the Senate by the House, rather than until September include a similar provision. State and local to provide the Department of Labor ex- 30, 2010 as proposed by the Senate. public health systems have been challenged panded transfer authority for administrative The conference agreement concurs in the by the economic downturn. These funds will funding appropriated in the American Recov- House recommendation and does not specify be used to support State and local public ery and Reinvestment Act. The House bill amounts within this appropriation for Fed- health and emergency response infrastruc- did not include a similar provision. eral government agencies outside of the De- ture, such as workforce, laboratory capacity, Sec. 802. The conference agreement in- partment of Health and Human Services public communications, and community cludes a provision as proposed by the House (HHS). The Senate recommended a number mitigation guidance and planning. to make a technical correction to the fiscal of transfers to other Federal agencies. As proposed by the House, the conferees re- year 2009 Omnibus Appropriations Act to The conferees recognize the high level of quest that the Secretary of HHS, together permit the higher foster care children adop- uncertainty associated with the current with the Director of CDC, examine HHS’ re- tion incentive payments to States author- H1N1 influenza virus strain and other circu- sponse to the early stages of the H1N1 out- ized by the Fostering Connections to Success lating flu viruses and the urgent need to pro- break in Mexico and the laboratory con- and Increasing Adoptions Act of 2008 (Public vide increased resources to Federal, State, firmation process to ascertain whether im- Law 110–351). The Senate bill did not include and local agencies on the frontlines of re- provements are needed in its current disease a similar provision. sponding to disease outbreaks. Lessons detection policies and procedures. HHS Sec. 803. The conference agreement in- learned from past influenza pandemics indi- should submit a report to the Committees on cludes bill language, not in either House or cate that influenza can strike a community, Appropriations of the House of Representa- Senate bills, to enable the Department of affect many individuals, and then return tives and the Senate no later than 90 days Education to expedite the awarding of Amer- with a vengeance to strike the community after the enactment of this Act. The Senate ican Recovery and Reinvestment Act months later. did not request a similar report. (ARRA) funding available for the Centers for

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Conference Location Project description Request agreement ($000) ($000)

CO: Fort Carson ...... Child Development Center ...... 11,200 11,200 CO: Fort Carson ...... Child Development Center ...... 11,500 11,500 KY: Fort Knox ...... CDC Connector ...... 1,100 1,100 MS: Mississippi AAP ...... Hurricane Damage Repair ...... 49,000 NC: Fort Bragg ...... Warrior in Transition Complex ...... 88,000 88,000 TX: Fort Bliss ...... Child Development Center (additional funds) ...... 4,700 4,700 TX: Fort Bliss ...... Child Development Center (additional funds) ...... 3,900 3,900 TX: Fort Bliss ...... Child Development Center (additional funds) ...... 4,700 4,700 TX: Fort Bliss ...... Child Development Center ...... 14,200 14,200 TX: Fort Hood ...... Warrior in Transition Complex ...... 64,000 64,000 TX: Fort Sam Houston ...... Warrior in Transition Complex ...... 87,000 87,000 VA: Fort Belvoir ...... Warrior in Transition Complex ...... 76,000 76,000 WA: Fort Lewis ...... Warrior in Transition Complex ...... 110,000 110,000 Afghanistan: Airborne ...... Troop Housing ...... 5,600 5,600 Afghanistan: Altimur ...... Troop Housing ...... 3,500 3,500 Afghanistan: Bagram AB ...... SOF Alpha Ramp Facilities ...... 10,800 10,800 Afghanistan: Bagram AB ...... Power Plant Expansion ...... 33,000 33,000 Afghanistan: Bagram AB ...... Drainage System, Phase 1 ...... 18,500 18,500 Afghanistan: Bagram AB ...... Troop Housing, Phase 2 ...... 20,000 20,000 Afghanistan: Bagram AB ...... Troop Housing, Phase 3 ...... 22,000 Afghanistan: Dwyer ...... Contingency Housing, Phase 1 ...... 8,600 Afghanistan: Dwyer ...... Contingency Housing, Phase 2 ...... 6,900 Afghanistan: Frontenac ...... Contingency Housing ...... 3,800 Afghanistan: Gardez ...... Contingency Housing ...... 8,400 Afghanistan: Garmsir ...... Medical Facility ...... 2,000 2,000 Afghanistan: Helmand ...... Brigade Headquarters ...... 7,800 7,800 Afghanistan: Jalalabad ...... Contingency Housing ...... 6,900 Afghanistan: Joyce ...... Troop Housing ...... 5,200 5,200 Afghanistan: Kandahar ...... Troop Housing, Phase 1 ...... 8,700 8,700 Afghanistan: Kandahar ...... Troop Housing, Phase 2 ...... 4,250 Afghanistan: Kandahar ...... South Park Drainage, Phase 1 ...... 16,500 16,500 Afghanistan: Kandahar ...... Utilities, Phase 1 ...... 27,000 27,000 Afghanistan: Kandahar ...... Medical Facility ...... 1,950 1,950 Afghanistan: Kandahar ...... Rotary Wing Ramps and Taxiway, Phase 2 ...... 49,000 49,000 Afghanistan: Kandahar ...... Command & Control Headquarters Facility ...... 23,000 23,000 Afghanistan: Maywand ...... Troop Housing ...... 10,800 10,800 Afghanistan: Maywand ...... Rotary Wng Ramps and Taxiway, Phase 1 ...... 26,000 26,000 Afghanistan: Maywand ...... Fuel Distribution System ...... 8,000 8,000 Afghanistan: Shank ...... Fuel Distribution System ...... 8,000 8,000 Afghanistan: Shank ...... Troop Housing, Phase 1 ...... 7,800 7,800 Afghanistan: Shank ...... Troop Housing, Phase 2 ...... 8,600 Afghanistan: Shank ...... Aviation Hangar & Maintenance Facilities ...... 11,200 11,200 Afghanistan: Shank ...... Brigade Headquarters ...... 7,800 7,800 Afghanistan: Shank ...... Rotary Wing Ramps and Taxiways, Phase 2 ...... 24,000 24,000 Afghanistan: Sharana ...... Atiation Hangar & Maintenance Facilities ...... 11,200 11,200 Afghanistan: Sharana ...... Rotary Wing Ramps and Taxiways, Phase 1 ...... 39,000 39,000 Afghanistan: Sharana ...... Rotary Wing Ramps and Taxiways, Phase 2 ...... 29,000 29,000 Afghanistan: Tarin Kowt ...... Rotary Wing Ramps and Taxiways, Phase 1 ...... 26,000 26,000 Afghanistan: Tarin Kowt ...... Fuel Distribution System ...... 8,000 8,000 Afghanistan: Tombstone/Bastion ...... Role 2 Medical Facility ...... 4,200 4,200 Afghanistan: Tombstone/Bastion ...... Troop Housing ...... 8,700 8,700 Afghanistan: Tombstone/Bastion ...... Troop Housing, Phase 2 ...... 5,200 5,200 Afghanistan: Tombstone/Bastion ...... Troop Housing, Phase 3 ...... 3,250 Afghanistan: Tombstone/Bastion ...... Troop Housing, Phase 4 ...... 3,800 Afghanistan: Tombstone/Bastion ...... Rotary Wing Ramps and Taixways, Phase 2 ...... 49,000 49,000 Afghanistan: Tombstone/Bastion ...... Aviation Hangar & Maintenance Facilities ...... 11,200 11,200 Afghanistan: Tombstone/Bastion ...... Brigade Headquarters ...... 7,800 7,800 Afghanistan: Tombstone/Bastion ...... Fuel Distribution System ...... 8,000 8,000 Afghanistan: Wolverine ...... Troop Housing ...... 8,900 8,900 Afghanistan: Various Locations ...... CIED Road, Kapisa Supply Route ...... 68,000 52,000 Germany: Ansbach ...... Child Development Center (Storck Barracks) ...... 9,800 9,800 Germany: Ansbach ...... Child Development Center (Katterbach) ...... 13,300 13,300 Germany: Landstuhl ...... Child Youth Services Center ...... 5,500 5,500 Italy: Vicenza ...... Child Youth Services Center ...... 12,000 12,000 Netherlands: Schinnen ...... Child Development Center (Emma Mine) ...... 11,400 11,400 Worldwide: Unspecified ...... Planning and Design ...... 81,081 68,081 Total ...... 1,229,731 1,326,231

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MILITARY CONSTRUCTION, NAVY AND MARINE Corps as proposed by the House, instead of CORPS $243,083,000 as proposed by the Senate. The The conferees agree to provide $235,881,000 funds are provided as follows: for Military Construction, Navy and Marine

Conference Location Project description Request agreement ($000) ($000)

CA: Camp Pendleton ...... Child Development Center ...... 15,420 15,420 CA: Camp Pendleton ...... Marine Resources and Recovery Center ...... 24,990 24,990 CA: Camp Pendleton ...... Wounded Warrior Battalion HQ ...... 9,900 9,900 DC: Washington Navy Yard ...... Child Development Center ...... 9,340 9,340 HI: Pearl Harbor NS ...... Child Development Center ...... 32,280 32,280 MD: Annapolis NSA ...... Child Development Center Expansion ...... 9,720 9,720 MD: Patuxent River NAS ...... Child Development Center ...... 13,150 13,150 MD: Patuxent River NAS ...... Child Development Center Addition ...... 3,850 3,850 NC: Camp Lejeune ...... Child Development Center ...... 13,970 13,970 NC: Camp Lejeune ...... Marine Resource and Recovery Center ...... 24,960 24,960 NC: Camp Lejeune ...... Wounded Warrior Battalion HQ ...... 3,601 3,601 NC: New River MCAS ...... Child Development Center Addition ...... 2,670 2,670 SC: Parris Island MCRD ...... Child Development Center ...... 14,670 14,670 VA: Little Creek NAB ...... Child Development Center ...... 15,360 15,360 VA: Quantico MCB ...... Child Development Center ...... 17,440 17,440 WA: Whidbey Island NAS ...... Child Development Center ...... 13,560 13,560 Worldwide: Unspecified ...... Planning and Design ...... 14,150 11,00 Total ...... 239,031 235,881

MILITARY CONSTRUCTION, AIR FORCE of $279,120,000 as proposed by the House and statement for each project in Afghanistan be $265,470,000 as proposed by the Senate. The submitted to NATO before funds can be obli- The conferees agree to provide $281,620,000 agreement includes a provision as proposed gated or expended. The funds are provided for Military Construction, Air Force, instead by the Senate to require a prefinancing follows:

Conference Location Project description Request agreement ($000) ($000)

Afghanistan: Bagram AB ...... CAS Apron ...... 32,000 32,000 Afghanistan: Kandahar ...... Strategic Airlift Apron ...... 84,000 84,000 Afghanistan: Tarin Kowt ...... Airlift Apron ...... 9,400 9,400 Afghanistan: Tarin Kowt ...... Runway ...... 18,500 18,500 Afghanistan: Tombstone/Bastion ...... CAS Apron ...... 43,000 43,000 Afghanistan: Tombstone/Bastion ...... Fuels Operation & Storage ...... 2,250 2,250 Afghanistan: Tombstone/Bastion ...... Expand Munitions Storage Area ...... 51,000 51,000 Germany: Spangdahlem AB ...... Child Development Center ...... 11,400 11,400 Qatar: Al Udeid AB ...... Temporary West Munitios Storage Area ...... 15,500 — Qatar: Al Udeid AB ...... Relocate South Munitions Storage Area ...... — 18,000 Worldwide: Unspecified ...... Planning and Design ...... 13,920 12,070 Total ...... 280,970 281,620

MILITARY CONSTRUCTION, DEFENSE-WIDE age of authorized construction completed, an The conferees agree to include a provision The conferees agree to provide $661,552,000 updated construction and equipment instal- (Sec. 1002) to amend title 38 to provide for for Military Construction, Defense-Wide, in- lation timetable, and proposed changes, if certain education benefits to the children of stead of $1,086,968,000 as proposed by the any, to the submitted form 1391. The Agency a member of the Armed Forces who dies House and $181,500,000 as proposed by the is also directed to promptly notify the com- while on active duty. Senate. Within the amount, the conferees mittees of any material changes in require- TITLE XI agree to provide $488,000,000 for construction ments, cost, or scope. The report and any as- of hospitals, $169,500,000 for construction of a sociated notifications may be submitted in INTRODUCTION National Security Agency data center, and classified form if necessary. The conference agreement provides $4,052,000 for construction to support the Vi- NORTH ATLANTIC TREATY ORGANIZATION $9,700,213,000 for Department of State, For- sion Center of Excellence at the National SECURITY INVESTMENT PROGRAM eign Operations, and Related Programs, Naval Medical Center, Bethesda. The con- which is $2,652,069,000 above the request. ferees also agree to include language as pro- The conferees agree to provide $100,000,000 posed by the Senate to authorize the full for the North Atlantic Treaty Organization DEPARTMENT OF STATE cost of construction of the data center at Security Investment Program as proposed by ADMINISTRATION OF FOREIGN AFFAIRS both the House and the Senate. $1,589,500,000. DIPLOMATIC AND CONSULAR PROGRAMS National Security Agency Data Center.— DEPARTMENT OF DEFENSE BASE CLOSURE The conferees agree to incrementally fund ACCOUNT 2005 The conference agreement includes $997,890,000 for Diplomatic and Consular Pro- and fully authorize the National Security The conferees agree to provide $263,300,000 Agency Data Center at Camp Williams, grams, to support operations and security re- as proposed by the House instead of Utah. The conferees direct the National Se- quirements for Afghanistan, Pakistan, and $230,900,000 as proposed by the Senate. curity Agency to submit to the Committees Iraq; and to address increased requirements on Appropriations of both Houses of Con- GENERAL PROVISIONS—THIS TITLE for global activities, which is $403,575,000 gress a quarterly report on the progress of The conferees agree to include a modified above the request. Within the amount pro- design and construction of the project, be- provision (Sec. 1001) as proposed by the Sen- vided, $146,358,000 is for worldwide security ginning with the end of the fourth quarter of ate related to the Armed Forces Institute of protection. The funds made available under fiscal year 2009 and continuing through the Pathology. this heading are to be allocated according to quarter of project completion. This report The conferees do not include a provision the following table and are subject to the shall include, at minimum, the amounts of proposed by the Senate related to the des- terms and conditions of section 1103 (a) and obligated and expended to date, the percent- ignation of funds in this title. (b) concerning allocations and notifications: DIPLOMATIC AND CONSULAR PROGRAMS [Budget authority in thousands of dollars]

Activity Request House Senate Conference

Afghanistan Operations ...... 123,900 169,800 173,000 159,100 Air Mobility (non-add) ...... [17,000] — [57,000] [42,000] Public Diplomacy (non-add) ...... [22,100] [33,000] [31,000] [32,100] Worldwide Security Protection ...... 101,545 121,545 101,545 116,545

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Activity Request House Senate Conference

Other Agencies ...... 137,600 157,600 135,629 137,600 Subtotal—Afghanistan ...... 363,045 448,945 410,174 413,245

Pakistan Operations ...... 36,462 36,462 36,462 36,462 Public Diplomacy (non-add) ...... [30,900] [30,900] [30,900] [30,900] Worldwide Security Protection ...... 9,078 9,078 9,078 9,078 Subtotal—Pakistan ...... 45,540 45,540 45,540 45,540

Iraq Operations and Security ...... 150,000 486,000 150,000 486,000 Public Diplomacy (non-add) ...... [900] [900] [900] [900] Subtotal—Iraq ...... 150,000 486,000 150,000 486,000

Global Programs Envoys and Special Representatives—Operations ...... 28,370 28,370 28,370 28,370 Public Diplomacy—Arab Youth Programs ...... 0 0 4,000 4,000 Worldwide Security Protection ...... 7,360 7,360 7,360 20,735 Subtotal—Global Programs ...... 35,730 35,730 39,730 53,105

Total, D&CP ...... 594,315 1,016,215 645,444 997,890

The conferees require prior notification of conduct a right-sizing exercise, as proposed which is $16,921,000 above the request. Of the funds appropriated in this title for other by the Senate. funds provided under this heading, the con- Federal agencies, as proposed by the Senate, Global Operations.—The conferees require ferees include language transferring and direct that with respect to these inter- the Secretary of State to submit a report to $7,200,000 to the Special Inspector General for agency funds, the spending plan required in the Committees on Appropriations not later Afghanistan Reconstruction (SIGAR) and section 1104 of this title will be developed in than 180 days after enactment of this Act ac- $7,000,000 for the Special Inspector General counting for the staff positions and resources consultation with the heads of the relevant for Iraq Reconstruction (SIGIR). The balance dedicated to supporting special envoys, spe- Federal agencies, as proposed by the House. of the funds, $9,922,000, is for oversight re- Afghanistan.—The conference agreement cial representatives, coordinators, and simi- quirements of the Inspector General of the includes $159,100,000 for Afghanistan oper- lar positions and direct that any transfer of Department of State, as proposed by the ations, including $42,000,000 for Department these positions to other bureaus and offices of State air mobility requirements. This in- within the Department of State, or any reor- House and similar to that proposed by the cludes $25,000,000 for the procurement of ad- ganization affecting these positions, is sub- Senate. ditional air wing assets contained in the fis- ject to the regular notification procedures of The conference agreement requires that cal year 2010 budget request. the Committees on Appropriations, as pro- the Inspector General of the United States The conference agreement includes lan- posed by the House. In addition, funding Department of State and the Broadcasting guage in section 1102 requiring that the uses under this heading for global operations Board of Governors, the SIGIR, the SIGAR, should be provided to support the Special and oversight of aircraft purchased or leased and the USAID Inspector General coordinate Envoy for Sudan and the special representa- by the Department of State and USAID shall and integrate the programming of funds tive and policy coordinator for Burma. be coordinated under the authority of the made available in fiscal year 2009 for over- Chief of Mission in Afghanistan. The con- Public Diplomacy.—The conference agree- sight of programs in Afghanistan, Pakistan ferees include this language, modified from ment includes the transfer of up to $10,000,000 and Iraq, and direct the Secretary of State the Senate, to ensure oversight, coordination to ‘‘International Broadcasting Operations’’ to submit to the Committees on Appropria- and efficient use of resources. of the Broadcasting Board of Governors for The conferees direct the Secretary of State broadcasting activities to the Pakistan-Af- tions the annual comprehensive audit plan to submit a report to the Committees on Ap- ghanistan border region, as proposed by the for Southwest Asia developed by the South- propriations not later than 90 days after en- Senate and similar to that proposed by the west Asia Joint Planning Group in accord- actment of this Act on the steps taken to en- House. The conferees recommend that up to ance with section 842 of Public Law 110–181, sure the interoperability of aircraft commu- $4,000,000 of the funds appropriated in this as proposed by the House. title for public diplomacy programs be made nications equipment and procedures for the The conference agreement also extends to available through an open and competitive use of air assets by the three primary agen- the SIGAR the temporary hiring authority cies in Afghanistan—the Department of process for new Arabic language television programs for broadcast to Arabic-speaking of section 3161 of title 5 of the United States State, the United States Agency for Inter- Code, as proposed by both the House and national Development (USAID) and the De- countries, as proposed by the Senate. Personnel Report.—The conferees direct the Senate. partment of Defense. Secretary of State to submit a report to the Iraq.—The conference agreement includes EMBASSY SECURITY, CONSTRUCTION, AND Committees on Appropriations not later $486,000,000 for Iraq operations, of which MAINTENANCE than 45 days after enactment of this Act on $336,000,000 is for activities contained in the the promotion process at the Department as fiscal year 2010 budget request to assist in The conference agreement includes it relates to any preferential consideration the transition to regularize diplomatic oper- $921,500,000 for urgent embassy security, con- given for service in Iraq, Afghanistan, and ations. struction, and maintenance costs, which is The conferees require that the Secretary of Pakistan as compared to other hardship $22,772,000 above the request. The funds made State submit to the Committees on Appro- posts, as proposed by the Senate. available under this heading are to be allo- priations a report on the facilities lease plan OFFICE OF INSPECTOR GENERAL cated according to the following table and for Iraq not later than 90 days after enact- (INCLUDING TRANSFER OF FUNDS) are subject to the terms and conditions of ment of this Act, as proposed by the House, The conference agreement includes section 1103 (a) and (b) concerning alloca- and direct the Chief of Mission in Iraq to $24,122,000 for Office of Inspector General, tions and notifications: EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE [Budget authority in thousands of dollars]

Activity Request House Senate Conference

Afghanistan: Land Acquisition and Site Development ...... 87,028 87,028 10,000 20,000

Subtotal—Afghanistan ...... 87,028 87,028 10,000 20,000

Pakistan: Islamabad—Construction/Renovation ...... 736,500 736,500 735,500 735,500 Lahore—Acquisition, Mitigation and Development ...... 29,600 29,600 29,500 29,500

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Activity Request House Senate Conference

Peshawar—NOB and Housing ...... 40,100 131,000 40,000 131,000 Subtotal—Pakistan ...... 806,200 897,100 805,000 896,000

Global Programs: Mobile Mail Screening Units ...... 5,500 5,500 5,500 5,500 Subtotal—Global Programs ...... 5,500 5,500 5,500 5,500

Total, ESCM ...... 898,728 989,628 820,500 921,500

Civilian Surge.—The conferees urge the Sec- interoperable and its procedures are con- demic definition and reiterate that this au- retary of State to ensure that both office and sistent with those of the Department of thority is only for use if H1N1 is a severe housing plans accommodate the surge in ci- State and the Department of Defense. global threat. In the event that the Presi- vilian personnel under the recently an- Personnel Report.—The conferees direct the dent exercises this authority, the conferees nounced strategy for Afghanistan and Paki- USAID Administrator to submit a report to expect the Office of Management and Budget stan. The conferees direct the Secretary of the Committees on Appropriations not later to seek replenishments for any funds repro- State to ensure that the spending plan re- than 45 days after enactment of this Act on grammed from these accounts. quired in section 1104 includes detailed infor- USAID’s promotion process as it relates to Global Fund.—The conference agreement mation about facilities plans in Afghanistan any preferential consideration given for also includes $100,000,000 for an additional and Pakistan and how such plans are inte- service in Iraq, Afghanistan, and Pakistan as United States contribution to the Global grated into the current strategy, as proposed compared to other hardship posts, as pro- Fund to Fight AIDS, Tuberculosis and Ma- by both the House and Senate. posed by the Senate. laria, as proposed by the House. The Senate Property Acquisition in Afghanistan.—The CAPITAL INVESTMENT FUND had proposed $50,000,000. conferees are concerned about the request The conference agreement includes DEVELOPMENT ASSISTANCE for the acquisition of land for the expansion $48,500,000 for Capital Investment Fund, The conference agreement includes no of the United States Mission in Afghanistan which is the same as the request. and direct the Department of State to con- funding for Development Assistance, which tinue negotiations with the Government of OFFICE OF INSPECTOR GENERAL is $38,000,000 below the request. Funding for Afghanistan concerning land acquisition for The conference agreement includes Kenya is provided under the ‘‘Economic Sup- this purpose and notify the Committees on $3,500,000 for Office of Inspector General for port Fund’’ heading. Appropriations on the outcome of these ne- increased oversight of programs in Afghani- Sri Lanka.—The conferees direct the Sec- gotiations prior to the obligation of funds for stan and Pakistan, which is $3,500,000 above retary of State to submit a report to the such purpose. the request. In addition, the agreement in- Committees on Appropriations not later Pakistan facilities.—The conference agree- cludes language under the heading ‘‘Eco- than 45 days after enactment of this Act de- ment includes $896,000,000 for the construc- nomic Support Fund’’ transferring $2,000,000 tailing incidents during the conflict in Sri tion of safe and secure facilities in Pakistan, to the Office of Inspector General for over- Lanka that may constitute violations of of which $90,900,000 is contained in the fiscal sight of USAID activities in the West Bank international humanitarian law or crimes year 2010 request for housing and offices in and Gaza. against humanity, and, to the extent practicable, identifying the parties responsible. Peshawar, as proposed by the House. BILATERAL ECONOMIC ASSISTANCE INTERNATIONAL DISASTER ASSISTANCE INTERNATIONAL ORGANIZATIONS FUNDS APPROPRIATED TO THE PRESIDENT The conference agreement includes CONTRIBUTIONS FOR INTERNATIONAL GLOBAL HEALTH AND CHILD SURVIVAL PEACEKEEPING ACTIVITIES $270,000,000 for International Disaster Assist- The conference agreement includes ance, which is $40,000,000 above the revised The conference agreement includes $150,000,000 for Global Health and Child Sur- request, of which not less than $55,000,000 is $721,000,000 for Contributions for Inter- vival, which is $150,000,000 above the request. intended to meet the growing needs of international Peacekeeping Activities (CIPA), Global Pandemic Preparedness and Re- nally displaced persons in Pakistan. The bal- which is $115,900,000 below the request. Fund- sponse.—The conference agreement provides ance of funds is available to meet basic needs ing for programs and activities for Somalia $50,000,000 to support global pandemic pre- of internally displaced persons in Africa, the is included under the heading ‘‘Peacekeeping paredness and response, similar to that pro- Middle East, and South and Central Asia, Operations.’’ posed by the House. In addition, the con- and to respond to other humanitarian crises. UNITED STATES AGENCY FOR ferees expect additional funds to be trans- The conferees urge USAID and the Depart- INTERNATIONAL DEVELOPMENT ferred to USAID for global pandemic pre- ment of State to ensure the provision of hu- paredness and response activities from the FUNDS APPROPRIATED TO THE PRESIDENT manitarian assistance to those displaced in amounts provided under title VIII of this OPERATING EXPENSES Sri Lanka. In addition, the conferees encour- Act. age the Secretary of State and the USAID The conference agreement includes The conferees include language, proposed Administrator to support, through other rel- $157,600,000 for Operating Expenses, which is by the House, providing authority to the evant assistance accounts, programs that in- $5,000,000 above the request. Of the total, President to use funds appropriated under crease and integrate the participation of $140,000,000 is for Afghanistan operations (in- the headings ‘‘Global Health and Child Sur- Tamils in Sri Lankan society and foster rec- cluding $40,000,000 for aircraft operations); vival’’, ‘‘Development Assistance’’, ‘‘Eco- onciliation between ethnic Tamil and Sin- $7,600,000 is for Pakistan operations; and nomic Support Fund’’, and ‘‘Millennium halese communities. $10,000,000 is for West Bank and Gaza oper- Challenge Corporation’’ to combat an H1N1 ations. influenza pandemic, if he determines that ECONOMIC SUPPORT FUND The conferees direct the USAID Adminis- the human-to-human transmission of the The conference agreement includes trator to ensure that the spending plan re- virus is virulent, efficient and sustained, se- $2,973,601,000 for Economic Support Fund, quired in section 1104 includes information vere, spreading internationally to multiple which is $30,899,000 above the revised request. about the proposed additional personnel and regions, and has been designated by the Funds made available under the heading are operating costs for USAID operations in Af- World Health Organization (WHO) to be at to be allocated according to the following ghanistan and Pakistan. the highest phase of the Global Influenza table and are subject to the terms and condi- Afghanistan Airwing.—USAID should under- Pandemic Alert. The conferees are aware of tions of section 1103 (a) and (b) concerning take efforts to ensure that its airwing is ongoing efforts to clarify the WHO’s pan- allocations and notifications: ECONOMIC SUPPORT FUND [Budget authority in thousands of dollars]

Country/program and activity Request House Senate Conference

Countries Afghanistan: Afghan Civilian Assistance Program ...... 0 ...... 11,000 12,000 Afghan Reconstruction Trust Fund ...... 85,000 ...... 115,000 115,000

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15018 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 ECONOMIC SUPPORT FUND—Continued [Budget authority in thousands of dollars]

Country/program and activity Request House Senate Conference

National Solidarity Program (non-add) ...... [20,000] [70,000] [70,000] [70,000] Agriculture ...... 85,000 ...... 100,000 100,000 Alternative Development ...... 55,000 ...... 65,000 65,000 Cross Border Development Program (non-add) ...... 0 ...... [10,000] [10,000] Widows Assistance ...... 0 ...... 5,000 5,000 Women NGOs ...... 0 ...... 30,000 30,000 Capacity Building (non-add) ...... 0 ...... [5,000 ] [5,000 ] Program Support (non-add) ...... 0 ...... [25,000] [25,000] Subtotal, Allocated ...... 225,000 0 326,000 327,000 Unallocated ...... 614,000 839,000 540,000 534,000 Subtotal, Afghanistan ...... 839,000 839,000 866,000 861,000

Pakistan: Democracy Programs ...... 10,000 10,000 Humanitarian Assistance/Protection for Vulnerable Populations ...... 8,000 ...... 50,000 125,000 Baluchistan and East Indus River Development Programs ...... 5,000 5,000 Cross Border Development Program (non-add) ...... [10,000] [10,000] Subtotal, Allocated Pakistan ...... 8,000 0 65,000 140,000 Unallocated ...... 551,500 529,500 ...... 399,000 Subtotal, Pakistan ...... 559,500 529,500 439,000 539,000

Iraq: Community Action Program (CAP) ...... 35,000 ...... 50,000 50,000 Democracy and Civil Society ...... 112,000 ...... 118,000 118,000 USIP (non-add) ...... [7,000] ...... [7,000] Iraq Cultural Antiquities ...... 0 ...... 2,000 2,000 Marla Fund ...... 3,500 ...... 10,000 10,000 Targeted Stability Programs ...... 0 ...... 20,000 15,000 Widows Assistance ...... 5,000 ...... 5,000 5,000 Subtotal, Allocated ...... 155,500 0 205,000 200,000 Unallocated ...... 293,500 442,000 234,000 239,000 Subtotal, Iraq ...... 449,000 449,000 439,000 439,000

West Bank and Gaza ...... 556,000 556,000 556,000 551,000 Subtotal, West Bank and Gaza ...... 556,000 556,000 556,000 551,000

Other Countries Burma ...... 13,000 13,000 13,000 13,000 Democratic Republic of the Congo ...... 0 0 10,000 10,000 Egypt ...... 0 50,000 0 50,000 Jordan ...... 0 100,000 150,000 150,000 Kenya ...... 0 18,000 0 35,000 North Korea ...... 95,000 0 0 0 Somalia ...... 0 10,000 10,000 10,000 Sudan ...... 0 15,000 0 10,000 Yemen ...... 0 0 15,000 10,000 Zimbabwe ...... 45,000 28,000 45,000 40,000 Subtotal, Other Countries ...... 153,000 234,000 243,000 328,000

Program Assistance to Developing Countries Affected by the Global Financial Crisis ...... 448,000 300,000 285,000 255,601 Subtotal, Program ...... 448,000 300,000 285,000 255,601

Total—ESF ...... 3,004,500 2,907,500 2,828,000 2,973,601

Africa as an assessment of the methods of delivery, women in stabilizing Iraq and creating its Democratic Republic of the Congo (DRC).— effectiveness, and accountability of humani- government institutions. The conferees are The conference agreement includes tarian and development assistance for also concerned about the plight of women $10,000,000 for programs and activities to as- Burma from other donors. and religious minorities, including Iraqi sist victims of gender-based violence in the The conferees direct the Secretary of State Christians, amongst displaced and refugee DRC. to submit a report to the Committees on Ap- populations and urges that programs of sup- Somalia.—The conference agreement in- propriations not later than 30 days after en- port for displaced and refugee populations cludes $10,000,000 to support programs to pro- actment of this Act that details the findings take into account the needs of these minor- vide employment opportunities for youth and recommendations of the Department of ity groups. and to support capacity building of govern- State’s review of United States policy to- Jordan.—The conference agreement in- mental institutions and civil society organi- ward Burma. cludes $150,000,000 for assistance for Jordan zations to promote good governance. Near East to help mitigate the impact of the global East Asia and Pacific Iraq.—The conference agreement includes economic crisis including for health, edu- Burma.—The conference agreement in- $439,000,000 for assistance for Iraq. The con- cation, water and sanitation, and other im- cludes $13,000,000 for assistance for Burma, of ferees direct the Department of State and pacts resulting from refugee populations in which $10,000,000 is for continuing humani- USAID to clarify to the Committees on Ap- Jordan. tarian assistance to Cyclone Nargis-affected propriations the funding streams for democ- West Bank and Gaza.—The conference areas inside Burma and $3,000,000 is for hu- racy and governance program implementers agreement includes not more than manitarian assistance for refugees, migrants in the fiscal year 2010 budget request. $551,000,000 for economic and humanitarian in Thailand, and internally displaced per- The conference agreement includes assistance for the West Bank and Gaza, sons. The conferees direct the Department of $2,000,000 for the preservation of Iraqi cul- which is $5,000,000 below the request. The State and USAID to ensure that no assist- tural antiquities to be administered by the conferees note that $5,000,000 for USAID ance flows to or through the Burmese gov- Ambassador’s Fund for Cultural Preserva- admininstrative expenses are included under ernment, its bureaucracy, or regime-affili- tion, and directs the Department of State to the heading ‘‘Operating Expenses’’. Of the ated organizations, such as government-or- consult with the Committees on Appropria- amount provided, up to $200,000,000 is avail- ganized NGOs. tions prior to the obligation of funds for able for cash transfer assistance to the Pal- The conferees direct the Comptroller Gen- these activities. estinian Authority in the West Bank. The eral of the United States to conduct an as- The conferees are concerned about the conferees continue the prohibition on sala- sessment of the assistance provided by the treatment of women in Iraq, and urge the ries for personnel of the Palestinian Author- United States in response to Cyclone Nargis Department of State and USAID to continue ity located in Gaza. The conferees continue in Burma, as proposed by the Senate, as well efforts to encourage the incorporation of all terms and conditions of division H of

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15019 Public Law 111–8 with respect to assistance sectors. The Secretary of State is directed to Other for the West Bank and Gaza. consult with the Committees on Appropria- Global Financial Crisis.—The conference Yemen.—The conference agreement in- tions prior to the provision of any budget agreement includes $255,601,000 for assistance cludes $10,000,000 for assistance for Yemen to support, including on the amounts, uses and for vulnerable populations in developing support education and other programs and oversight of such funds as well as on the bi- countries affected by the global financial cri- activities administered by USAID, con- lateral agreement. sis. The Department of State and USAID are sistent with the Tribal Engagement Plan. The conferees intend that the majority of directed to report to the Committees on Ap- South and Central Asia the $399,000,000 in unallocated assistance for propriations not later than 45 days after en- Afghanistan.—The conference agreement Pakistan be used to support programs in the actment of this Act and prior to the obliga- includes $861,000,000 for Afghanistan, and pro- Federally Administered Tribal Areas and the tion of funds on implementation of this provides that not less than $150,000,000 appro- North-West Frontier Province to counter the gram, including on the transfer of funds to priated in fiscal year 2009 for assistance for influence of violent extremists through local the Overseas Private Investment Corpora- Afghanistan under the headings ‘‘Economic initiatives, including infrastructure, health, tion and to the Development Credit Author- Support Fund’’ and ‘‘International Narcotics education, governance, rule of law, and em- ity. The report should include detailed infor- Control and Law Enforcement’’ shall be ployment opportunities. USAID’s Office of mation on the programming of funds and the made available to support programs that di- Transition Initiatives should be utilized to results of a review, and reprogramming, if rectly address the needs of Afghan women the maximum extent practicable in imple- appropriate, of existing USAID programs in and girls. The conferees direct USAID and menting such programs. targeted countries. the Special Envoy for Afghanistan and Paki- In addition, the conferees direct that fund- The conferees direct the USAID Adminis- stan to consult with the Department of ing provided to the Millennium Challenge trator to consult with the Committees on State’s Ambassador-at-Large for Global Corporation (MCC) in prior acts may be re- Appropriations on the use of up to $5,000,000 Women’s Issues concerning the use of these programmed to mitigate the impact of the to establish and implement a program in funds. The conferees direct USAID to in- global financial crisis in MCC compact or Pakistan modeled on the Afghan Civilian As- crease its support for Afghan women’s orga- threshold countries. nizations that address the needs and rights sistance Program, to assist families and of Afghan women and girls. The conference communities that suffer losses as a result of ASSISTANCE FOR EUROPE, EURASIA AND agreement provides not less than $5,000,000 the military operations. CENTRAL ASIA for capacity building for Afghan women-led The conferees also direct the Secretary of The conference agreement includes nongovernmental organizations, and not less State to submit a report not later than 180 $272,000,000 for Assistance for Europe, Eur- than $25,000,000 to support programs and ac- days after enactment of this Act detailing a asia and Central Asia, of which $242,000,000 is tivities of such organizations, including to multi-year strategy to promote democracy for assistance for Georgia, and $30,000,000 is provide legal assistance and training for Af- and good governance in Pakistan, including for assistance for the Kyrgyz Republic to im- ghan women and girls about their rights, and funding requirements to implement such a prove air traffic control and safety, as pro- to promote women’s health (including men- strategy. posed by the Senate, which is $29,500,000 tal health), education, and leadership. above the request. The conference agreement The conferees also direct that not less than Cross Border Programs.—The conferees rec- includes permissive authority to expand the $70,000,000 shall be made available for the Na- ommend up to $20,000,000 from within the availability of funds to other Eurasian coun- tional Solidarity Program in Afghanistan. amounts provided for Afghanistan and Paki- tries allowing flexibility to the Department Pakistan.—The conference agreement in- stan for a new cross border stabilization and of State to address unanticipated events. cludes $539,000,000 for assistance for Paki- development program between Afghanistan DEPARTMENT OF STATE stan. The conferees recognize that funds may and Pakistan or between either country and be considered for direct budget support for the Central Asian republics to strengthen INTERNATIONAL NARCOTICS CONTROL AND LAW the Government of Pakistan, and direct that governance and the rule of law, enhance ac- ENFORCEMENT a bilateral agreement be in place prior to the cess to media, support small-scale energy de- The conference agreement includes provision of any direct budget support. Such velopment, create educational and employ- $487,500,000 for International Narcotics Con- an agreement should be structured to pro- ment opportunities particularly for Afghan trol and Law Enforcement, which is vide maximum accountability and oversight, and Pakistani youth, and promote regional $98,000,000 above the request. Funds made and should contain conditions for disburse- cooperation, stability, and security. The available under the heading are to be allo- ments of funds and detailed monitoring and Special Representative for Afghanistan and cated according to the following table and reporting requirements. Funds should be de- Pakistan at the Department of State shall are subject to the terms and conditions of posited in a separate, traceable account and administer these funds, in consultation with section 1103 (a) and (b) concerning alloca- be allocated toward operations in specific USAID and the Department of Defense. tions and notifications: INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [Budget authority in thousands of dollars]

Country/Activity Request House Senate Conference

Afghanistan: Good Performers Initiative ...... 23,000 23,000 20,000 23,000 Combating Violence Against Women and Girls ...... 10,000 10,000 Unallocated ...... 106,000 103,000 100,000 Subtotal, Afghanistan ...... 129,000 129,000 133,000 133,000

Iraq ...... 20,000 20,000 20,000 20,000 Mexico ...... 66,000 160,000 66,000 160,000 Pakistan ...... 65,500 65,500 65,500 65,500 West Bank and Gaza ...... 109,000 109,000 109,000 109,000 Total—INCLE ...... 389,500 483,500 393,500 487,500

Afghanistan.—The conferees remain con- ensure that civilian personnel assigned to spending plan for such funds not later than cerned with continuing reports of violence serve in Afghanistan receive civilian-mili- 45 days after enactment of this Act. against women and girls in Afghanistan, who tary coordination training that focuses on The conference agreement provides that lack adequate protection by the police or re- counterinsurgency and stability operations. none of the funds appropriated in this title course from the Afghan judicial system. The The conferees direct the Secretary of State shall be used for the cost of fuel for aircraft conference agreement provides not less than to submit a report to the Committees on Ap- purchased with funds provided in this title $10,000,000 to train and support Afghan propriations not later than 90 days after en- for Mexico, or to support the operations and women investigators, police officers, pros- actment of this Act, detailing how such maintenance costs of aircraft purchased by ecutors and judges with specific responsi- the Government of Mexico. bility for investigating, prosecuting, and training addresses current and future civilian-military coordination requirements. The conferees direct the Secretary of State punishing crimes of violence against women to submit a report to the Committees on Ap- and girls. Mexico.—The conference agreement in- propriations not later than 45 days after en- The conferees intend that the Secretary of cludes $160,000,000 for assistance for Mexico, actment of this Act detailing actions taken State and the USAID Administrator, in co- and requires the Department of State to sub- by the Government of Mexico since June 30, operation with the Secretary of Defense, will mit to the Committees on Appropriations a 2008, to investigate, prosecute, and punish

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15020 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 violations of internationally recognized schools and summer camps designed to pro- The conferees direct the Secretary of State human rights by members of the Mexican mote tolerance, non-violent conflict resolu- to report on the procedures in place to en- Federal police and military forces, and to tion and human rights; (7) not engaging in sure that no funds are provided to any indi- support a thorough, independent, and cred- operations with financial institutions or re- viduals or organizations that have any ible investigation of the murder of American lated entities in violation of relevant United known links to terrorist organizations in- citizen Bradley Roland Will. States law and is enhancing its transparency cluding Hezbollah, and mechanisms to mon- Palestinian Security Forces.—The conferees and financial due diligence and working to itor the use of the funds. support continued funding for the training of diversify its banking operations in the re- The conferees direct that the Department Palestinian Security Forces, and direct the gion; and (8) in compliance with the United of State consult with the Committees on Ap- Secretary of State to submit a report to the Nations Board of Auditors’ biennial audit re- propriations prior to the obligation of funds Committees on Appropriations not later quirements and is implementing in a timely provided for assistance for Lebanon in this than 90 days after enactment of this Act, in fashion the Board’s recommendations. title. Security Assistance to Near East Countries.— classified form if necessary, on the use of as- INTERNATIONAL SECURITY ASSISTANCE sistance provided by the United States for The conference agreement includes funding FUNDS APPROPRIATED TO THE PRESIDENT the training of Palestinian security forces, for a portion of the fiscal year 2010 budget re- including the training, curriculum, and PEACEKEEPING OPERATIONS quest for security assistance for Jordan, equipment provided, an assessment of the ef- The conference agreement includes Egypt, and Israel, the amounts of which are fectiveness of the training and the perform- $185,000,000 for Peacekeeping Operations not in addition to the funds requested for fis- ance of forces after training is completed, (PKO), which is $135,000,000 above the re- cal year 2010. and an assessment of factors that limit the quest. The conferees do not include the Jordan.—The conference agreement pro- operational capabilities of forces trained. transfer authority to allow funds to be shift- vides $150,000,000 for assistance for Jordan, as proposed by the House. The fiscal year 2010 NONPROLIFERATION, ANTI-TERRORISM, ed between accounts, as proposed by the Sen- budget request, based upon a Memorandum DEMINING AND RELATED PROGRAMS ate. Democratic Republic of the Congo (DRC).— of Understanding between the United States The conference agreement includes The conference agreement includes and Jordan, totals $300,000,000. $102,000,000 for Nonproliferation, Anti-Ter- $15,000,000 for the DRC, which is $5,000,000 Egypt.—The conference agreement provides rorism, Demining and Related Programs, above the request, for training costs and pro- $260,000,000 for FMF grants for Egypt, which which is $20,000,000 below the request. Within curement of equipment to support a profes- shall be transferred to an interest bearing the total, $77,000,000 is provided for the Non- sional rapid reaction force, as proposed by account for Egypt in the Federal Reserve proliferation and Disarmament Fund for nu- the Senate. The conferees direct that any Bank of New York not later than October 30, clear dismantlement and related activities, training of a rapid reaction force provided 2009, similar to that proposed by the House. as well as for border security equipment, with the use of PKO funding from this or The fiscal year 2010 budget request totals training, and program management to pre- prior acts, shall ensure that all members and $1,300,000,000. vent smuggling of illicit goods into Gaza. Israel.—The conference agreement provides units be trained in the fundamental prin- The conference agreement includes a pro- $555,000,000 for FMF grants for Israel, which ciples of respect for human rights and provision that the Secretary of State shall work shall be available not later than October 30, tection of civilians with a focus on the pre- assiduously to facilitate the regular flow of 2009, similar to that proposed by the House. vention of rape and other sexual abuse. people and licit goods in and out of Gaza at The fiscal year 2010 budget request, based Multinational Force and Observer Mission established border crossings. The conferees upon a Memorandum of Understanding be- (MFO).—The conference agreement provides direct the Secretary of State to submit a re- tween the United States and Israel, totals $2,000,000 for the MFO in the Sinai for activi- port to the Committees on Appropriations $2,775,000,000. The conference agreement pro- ties that facilitate communications between not later than 45 days after enactment of vides that to the extent that the Govern- the parties to the Treaty of Peace. this Act, and every 90 days thereafter until ment of Israel requests that FMF grant Somalia.—The conference agreement pro- September 30, 2010, detailing progress in this funds for Israel be used for such purposes, vides $168,000,000 for assistance for Somalia, effort. and as agreed by the United States and of which $115,900,000 may be used to pay as- Israel, funds may be made available for ad- MIGRATION AND REFUGEE ASSISTANCE sessed expenses of international peace- vanced weapons systems, of which The conference agreement includes keeping activities in Somalia and $52,100,000 $145,965,000 shall be available for the procure- $390,000,000 for Migration and Refugee Assist- may be used for security sector reform. ment in Israel of defense articles and serv- ance, which is $57,000,000 above the revised The conferees are concerned with the re- ices, including research and development. request to respond to urgent humanitarian cent surge of piracy off the coast of the Horn requirements for refugees and internally dis- of Africa and direct the Secretary of State to PAKISTAN COUNTERINSURGENCY CAPABILITY placed persons (IDPs) in the Middle East, submit a report to the Committees on Appro- FUND South and Central Asia, including Pakistan priations, not later than 90 days after enact- (INCLUDING TRANSFER OF FUNDS) and Sri Lanka, Southeast Asia, Africa, Co- ment of this Act, on the feasibility of cre- The conference agreement includes lombia and other refugees and IDPs around ating an indigenous maritime capability in $700,000,000 for a new Pakistan Counterinsur- the world. Somalia to combat piracy. gency Capability Fund (PCCF) under the De- United Nations Relief and Works Agency INTERNATIONAL MILITARY EDUCATION AND partment of State, which becomes available (UNRWA).—The conference agreement pro- TRAINING on September 30, 2009 and remains available vides up to $119,000,000 for UNRWA for activi- through fiscal year 2011. The conferees sup- The conference agreement includes ties in the West Bank and Gaza. The Sec- port the Administration’s efforts to increase $2,000,000 for International Military Edu- retary of State is to submit a report to the the counterinsurgency capability of the Pak- cation and Training, which is the same as Committees on Appropriations not later istani security forces to help Pakistan defeat the request, for education and training of than 45 days after enactment of this Act, on the extremist networks that are operating Iraqi Security Forces. whether UNRWA is: (1) utilizing Operations within its territory. As the Secretary of Support Officers in the West Bank and Gaza FOREIGN MILITARY FINANCING PROGRAM State is the principal adviser to the Presi- to inspect UNRWA installations and report The conference agreement includes dent on foreign policy matters, the conferees any inappropriate use; (2) acting promptly to $1,294,000,000 for Foreign Military Financing believe the PCCF should be under the au- deal with any staff or beneficiary violations Program (FMF), which is $1,195,600,000 above thority of the Department of State. The con- of its own policies (including the policies on the request. ferees believe that the Department of State neutrality and impartiality of employees) Mexico.—The conference agreement in- possesses the institutional capacity to man- and the legal requirements under section cludes $260,000,000 to expand aviation support age this account, working in close coordina- 301(c) of the Foreign Assistance Act of 1961; for the Mexican Navy, and includes language tion with the Department of Defense. The (3) taking necessary and appropriate meas- to ensure the expeditious delivery of such conferees also provide funding for the PCCF ures to ensure it is operating in compliance equipment. for fiscal year 2009 to the Department of De- with the conditions of section 301(c) of the Lebanon.—The conference agreement in- fense and direct the Secretary of State and Foreign Assistance Act of 1961; (4) concludes $69,000,000 for assistance for Lebanon. the Secretary of Defense to jointly develop a tinuing regular reporting to the Department The conferees direct that no assistance may plan for transitioning the PCCF from the De- of State on actions it has taken to ensure be made available for obligation until the partment of Defense to the Department of conformance with the conditions of section Secretary of State reports to the Commit- State for fiscal year 2010. The conferees ex- 301(c) of the Foreign Assistance Act of 1961; tees on Appropriations on the vetting proce- pect the Department of State to consult (5) taking steps to improve the transparency dures in place to determine eligibility to closely on the uses of the PCCF to ensure of all educational materials currently in use participate in United States training and as- that the funds are obligated and expended in in UNRWA-administered schools; (6) using sistance programs funded under this ac- a timely manner, and sufficient oversight curriculum materials in UNRWA-supported count. mechanisms exist.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15021 GENERAL PROVISIONS, THIS TITLE fifteenth replenishment of the International Appropriations on whether the Governments The conference agreement includes the fol- Development Association and the eleventh of Afghanistan and Pakistan are dem- lowing general provisions for this title: replenishment of the African Development onstrating the necessary commitment, capa- EXTENSION OF AUTHORITIES Fund, including the Multilateral Debt Relief bility, conduct and unity of purpose to war- Initiative, as proposed by the Senate. The conference agreement extends certain rant the continuation of the President’s pol- authorities necessary to expend Department PROMOTION OF POLICY GOALS AT THE WORLD icy announced on March 27, 2009, similar to of State and foreign assistance funds. BANK GROUP that proposed by the House. UNITED STATES POLICY REPORT ON AFGHANISTAN The conference agreement amends permanent law regarding the World Bank’s ‘‘Doing AFGHANISTAN AND PAKISTAN The conference agreement imposes certain Business Report’’ and World Bank policies conditions and limitations on assistance for The conference agreement requires a re- relating to the Inspection Panel, as proposed Afghanistan, including assistance for Afghan port on the objectives of United States pol- by the Senate. women and girls, contracts and grants, ac- icy in Afghanistan and Pakistan, metrics to quisition of land, United Nations Develop- CLIMATE CHANGE MITIGATION AND GREENHOUSE assess progress in achieving the objectives, ment Program (UNDP), the National Soli- GAS ACCOUNTING an assessment of progress, and recommenda- darity Program, airwing implementation, The conference agreement amends perma- tions for additional resources or authorities, and anti-corruption. The conferees are aware nent law regarding World Bank policies re- if any, as proposed by the Senate. of the efforts by UNDP and USAID to resolve lating to greenhouse gas accounting and cli- The conference agreement does not include concerns related to program implementation mate change mitigation, as proposed by the a provision proposed in the request providing and these efforts should continue. Senate. the availability of assistance for Burma and Afghanistan notwithstanding any other pro- ALLOCATIONS MULTILATERAL DEVELOPMENT BANK REFORM The conference agreement requires the vision of law. The conference agreement in- The conference agreement requires that cludes limited notwithstanding authority for funds in the specified accounts shall be allo- Secretary of the Treasury to seek to ensure that the multilateral development banks dis- Burma under the heading ‘‘Economic Sup- cated as indicated in the respective tables in port Fund’’ and a limited notwithstanding this joint statement, as proposed by the Sen- close their operating budgets, rigorously authority for Zimbabwe in section 1108. The ate and similar to that proposed by the evaluate their programs and financing, and conferees also provide limited notwith- House. Any change to these allocations shall endorse the Extractive Industry Trans- standing authority for Afghanistan. The con- be subject to the regular notification proce- parency Initiative. It also requires coordina- ference agreement does not include House dures of the Committees on Appropriations. tion between the Secretary of the Treasury, Secretary of State, USAID Administrator, sections 21006 (Somalia) and Senate sections SPENDING PLAN AND NOTIFICATION PROCEDURES and other relevant Federal agencies, on 1103 (Burma), 1108 (Mexico), 1115 (Assistance The conference agreement requires the United States policy relating to the develop- for Pakistan), 1116 (Special Authority), 1120 Secretary of State to provide detailed spend- ment activities of the World Bank Group, as (Overseas Deployments), and 1122 (Additional ing plans to the Committees on Appropria- proposed by the Senate. Amount for Assistance for Georgia). tions on the uses of funds appropriated in OVERSEAS COMPARABILITY PAY ADJUSTMENT TITLE XII this title, similar to that proposed by the DEPARTMENT OF TRANSPORTATION House and Senate. These funds are also sub- The conference agreement authorizes lo- ject to the regular notification procedures of cality pay adjustments for fiscal year 2009 OFFICE OF THE SECRETARY the Committees on Appropriations. for members of the Foreign Service sta- PAYMENTS TO AIR CARRIERS tioned overseas comparable to that if such GLOBAL FINANCIAL CRISIS (AIRPORT AND AIRWAY TRUST FUND) member’s official duty station were in the The conference agreement provides for as- District of Columbia, as proposed by the Sen- The agreement provides $13,200,000 from sistance for countries severely affected by ate. the Airport and Airway Trust Fund to re- the global financial crisis, requires the Sec- main available until expended to carry out REFUGEE PROGRAMS AND OVERSIGHT retary of State to submit a report prior to the essential air service program as proposed making assistance available, and provides The conference agreement provides that up by the Senate. The House did not include a authority to transfer funds to the Develop- to $119,000,000 from funds appropriated under similar provision. the ‘‘Migration and Refugee Assistance’’ ment Credit Authority and the Overseas Pri- FEDERAL AVIATION ADMINISTRATION heading in this title may be made available vate Investment Corporation. The provision GRANTS-IN-AID FOR AIRPORTS includes reprogramming authority to the to UNRWA for the West Bank and Gaza and (AIRPORT AND AIRWAY TRUST FUND) MCC. transfers $1,000,000 of the funds made available under the ‘‘Economic Support Fund’’ (RESCISSION) IRAQ heading to the Inspector General of the De- The agreement rescinds $13,200,000 in ex- The conference agreement provides certain partment of State for oversight of activities cess Grants-in-Aid for Airports contract au- conditions and limitations relating to assist- in the West Bank and Gaza and surrounding thority, as proposed by the Senate. The ance for Iraq, including matching funds, as region, similar to that proposed by the proposed by the Senate. House did not include a similar provision. House. The agreement includes the UNRWA GENERAL PROVISIONS—THIS TITLE PROHIBITION ON ASSISTANCE TO HAMAS report requirement proposed by the House in The conference agreement prohibits assist- modified form under the ‘‘Migration and Ref- Section 1201 removes a limitation that pre- ance to Hamas or any entity effectively con- ugee Assistance’’ heading in this joint state- vents the State of North Dakota from spend- trolled by Hamas, and further prohibits as- ment. ing more than $10,000,000 of highway funding from the emergency relief program in any sistance to any power-sharing government of TECHNICAL AND OTHER PROVISIONS which Hamas is a member unless such gov- given year on the repair and strengthening The conference agreement includes the fol- of the roads surrounding Devils Lake, as pro- ernment, including all of its ministers or lowing technical and other provisions: sub- such equivalent, has met certain conditions. posed by the Senate. The House did not in- section (a) of this provision modifies a limi- clude a similar provision. The conferees believe that a public accept- tation in current law regarding assistance ance should be an acceptance in writing by Section 1202 allows transit agencies to use for Egypt, similar to that proposed by the up to 10 percent of the formula grants pro- such government and its ministers, as pro- Senate; subsection (b) applies the regular no- posed by the House and Senate. vided in the American Recovery and Rein- tification procedures to funds that are trans- vestment Act (ARRA) for operating ex- TERMS AND CONDITIONS ferred to the Department of State or USAID, penses. The conferees modified the original The conference agreement stipulates that similar to that proposed by the Senate; sub- Senate language to clarify that 10 percent of unless designated otherwise in this title, the section (c) authorizes USAID to recruit re- the funds provided in ARRA for intercity bus terms and conditions contained in the De- tired Civil Service employees as re-employed service shall also be available to cover oper- partment of State, Foreign Operations, and annuitants to serve in Iraq, Afghanistan, or ating expenses which is consistent with ex- Related Programs Appropriations Act, 2009 Pakistan through 2010, similar to that pro- isting law. The House did not include a simi- (division H of Public Law 111–8) shall apply posed by the Senate; and subsection (d) au- lar provision. to funds appropriated by this title, except thorizes a financial incentive to employees Section 1203 includes a provision proposed sections 7070(e) with respect to funds made who agree to remain in these posts for an ad- by the Senate which replaces the $50,000,000 available for macroeconomic growth assist- ditional year through 2010, similar to that allocation provided in Public Law 110–329 ance for Zimbabwe, and 7042(a) and (c), as proposed by the Senate; and subsection (e) with an $80,000,000 allocation, and designates proposed by the House and similar to that provides certain transfer authority, as pro- this funding for tenant-based Section 8 fund- proposed by the Senate. posed by the Senate. ing for all areas affected by Hurricanes MULTILATERAL DEVELOPMENT BANKS AFGHANISTAN AND PAKISTAN COMMITMENT AND Katrina and Rita. The House did not include REPLENISHMENTS CAPABILITIES REPORT a similar provision. The conference agreement amends perma- The conference agreement requires that Section 1204 clarifies that eligible recipi- nent law to authorize appropriations for the the President report to the Committees on ents for the funds provided in ARRA for gap

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15022 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 financing include owners of affordable hous- administrative expenses. The conferees divided to the Governor of the receiving state ing tax credits under section 1400N of the In- rect the Secretary of Treasury to seek to en- (or the Mayor of the District of Columbia) 14 ternal Revenue Code of 1986, known as ‘‘dis- sure that the Fund provides support to low- days before a transfer with a certification by aster credits’’ or ‘‘Go Zone’’ credits, as well income countries by making available Fund the Attorney General that the individual as owners of projects that receive low in- resources of not less than $4,000,000,000 and poses little or no security risk. come housing tax credits under section 42(h) that such resources should be provided as Under the conference agreement, current of the Internal Revenue Code of 1986, as pro- loans with substantial concessionality and detainees cannot be transferred or released posed by the Senate. The House did not in- debt service payment relief and/or grants, as to another country unless the President sub- clude a similar provision. proposed by the Senate. mits to Congress 15 days prior to such trans- Section 1205 includes a new provision SEC. 1403. The conference agreement refer: (a) the name of the individual and the which clarifies prevailing wage requirements quires the Secretary of the Treasury, in con- country to which the individual will be for housing funds provided in ARRA. sultation with the United States Executive transferred; (b) an assessment of risks posed TITLE XIII—CONSUMER ASSISTANCE TO Director of the World Bank and the Execu- and actions taken to mitigate such risks; RECYCLE AND SAVE ACT tive Board of the Fund, to submit a report and (c) the terms of the transfer agreement The conference agreement includes a new detailing the steps taken to coordinate the with the other country, including any finan- title providing $1 billion for vouchers of activities of the World Bank and the Fund to cial assistance. Finally, the agreement in- $3,500 or $4,500 to be applied toward the pur- avoid the duplication of missions, and steps cludes language requiring the President to chase or lease of a new fuel efficient auto- taken by the Department of the Treasury submit a report to Congress describing the mobile or truck from July 1–November 1, and the Fund to increase the oversight and disposition of each current detainee before 2009. To qualify for a voucher under this au- accountability of Fund activities. The con- the facility can be closed. thority the vehicle turned in must be ference agreement requires the United The conference agreement deletes the lan- scrapped, and the purchased vehicle must States Executive Director of the Fund to use guage included in title II of the Senate achieve greater fuel efficiency than the vehi- the voice and vote of the United States to amendment that prohibited the use of funds cle to be turned in. oppose any loan, project, agreement, or appropriated or made available by this or other activity that imposes budget con- any prior Act to transfer, release or incar- TITLE XIV—OTHER MATTERS straints, and to promote social spending in cerate Guantanamo detainees to or within INTERNATIONAL ASSISTANCE the country. All provisions were proposed by the U.S. PROGRAMS the Senate. The conference agreement also deletes a INTERNATIONAL MONETARY PROGRAMS SEC. 1404. The conference agreement in- provision proposed by the House that re- UNITED STATES QUOTA, INTERNATIONAL cludes a provision that amends the Inter- quired the President to submit to Congress MONETARY FUND national Financial Institutions Act to re- by October 1, 2009 a comprehensive plan on The conference agreement provides for an quire the United States Executive Director the proposed disposition of the Guantanamo increase in the United States quota in the at each of the International Financial Insti- Bay detention facilities. International Monetary Fund (the Fund), as tutions (as defined in section 1701(c)(2) of CONFERENCE TOTAL—WITH COMPARISONS this Act) to use the voice and vote of the requested, of approximately 5 billion in Spe- The total new budget (obligational) au- United States to oppose the provision of cial Drawing Rights (SDRs), valued at ap- thority for the fiscal year 2009 recommended loans or other use of the funds of the respec- proximately $8,000,000,000, in order to main- by the Committee of Conference, compari- tive institution to any country the govern- tain its current voting share and veto power sons to the 2009 budget estimates, and the ment of which as repeatedly provided sup- within the organization, as proposed by the House and Senate bills for 2009 follow: Senate. port for acts of international terrorism. GENERAL PROVISIONS—THIS ACT [In thousands of dollars] LOANS TO INTERNATIONAL MONETARY FUND Budget estimates of new AVAILABILITY OF FUNDS The conference agreement provides for (obligational) authority, Sec. 14101. The conference agreement in- loans to the Fund, as requested, of the dollar fiscal year 2009 ...... 92,145,120 equivalent of up to 75 billion SDRs. This will cludes a provision proposed by both the House bill, fiscal year 2009 96,716,971 enable the United States to increase its House and Senate that limits the avail- Senate bill, fiscal year 2009 91,283,119 share of the New Arrangements to Borrow, ability of funds provided in this Act. Conference agreement, fis- which establishes a set of credit lines ex- OVERSEAS DEPLOYMENTS AND EMERGENCY cal year 2009 ...... 105,850,549 tended to the Fund, from approximately DESIGNATIONS Conference agreement $10,000,000,000 (6.6 billion SDRs) to the equiv- Sec. 14102. The conference agreement in- compared with: alent of $100,000,000,000, as proposed by the cludes a global designation, as proposed by Budget estimates of Senate. the House, providing that each amount in ti- new (obligational) GENERAL PROVISIONS—INTERNATIONAL tles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, authority, fiscal year ASSISTANCE PROGRAMS and VI, except amounts under the heading 2009 ...... +13,705,429 House bill, fiscal year SEC. 1401. The conference agreement in- ‘‘Coast Guard Operating Expenses’’, is des- 2009 ...... +9,133,578 cludes a provision, as requested, authorizing ignated as necessary to meet emergency Senate bill, fiscal year the Secretary of the Treasury to instruct the needs pursuant to sections 403(a) and 423(b) 2009 ...... +14,567,430 United States Executive Director of the of S. Con. Res. 13 (111th Congress), the con- Fund to consent to amendments to the New current resolution on the budget for fiscal NOTIFICATION OF EMERGENCY Arrangements to Borrow and to make loans, year 2010. The agreement also includes a LEGISLATION in an amount not to exceed the dollar equiv- global designation, as proposed by the House, The congressional budget resolution (S. alent of 75 billion SDRs, in addition to providing that all other amounts in the bill, Con. Res. 13) agreed to by Congress for fiscal amounts previously authorized, as proposed except certain amounts rescinded in section year 2010 includes provisions relating to the by the Senate. 309 of the conference report, are designated notification of emergency spending. These SEC. 1402. The conference agreement in- as being for overseas deployment and other provisions require a statement of how the cludes a provision, as requested, authorizing activities pursuant to sections 401(c)(4) and emergency provisions contained in the con- the United States Governor of the Fund to 423(a) of S. Con. Res. 13 (111th Congress). The ference agreement meet the criteria for agree to and accept amendments to the Arti- Senate included emergency and overseas de- emergency spending as identified in the cles of Agreement of the Fund as proposed in ployment designations on an account-by-ac- budget resolution. resolutions approved by the Fund’s Board on count basis. The conference agreement contains emer- April 28, 2008 and May 5, 2008. The provision RESTRICTIONS AND REQUIREMENTS REGARDING gency funding for fiscal year 2009 primarily further authorizes the United States Gov- THE TRANSFER AND RELEASE OF GUANTA- for natural disasters and the threat of pan- ernor of the Fund, as requested, to consent NAMO BAY DETAINEES demic influenza. Funding for natural disas- to an increase in the United States quota in Sec. 14103. The conference agreement in- ters includes, but is not limited to, wildland the Fund equivalent to 43,973,100,000 SDRs. cludes language prohibiting current detain- fires, flooding in the Upper Midwest and Pa- The provision also authorizes the Secretary ees from being released in the continental cific Northwest, for ice storms, for Katrina of the Treasury, as requested, to instruct the United States, Alaska, Hawaii or D.C. The hurricane recovery and subsequent storms, United States Executive Director of the agreement also prohibits current detainees including Hurricanes Ike and Gustav in the Fund to agree to the sale of 12,965,649 ounces from being transferred to the U.S., except to gulf coast region, and for other needs. The of the Fund’s gold. Since the Fund relies pri- be prosecuted, and only 45 days after Con- funding is related to unanticipated needs and marily on income from lending operations to gress receives a plan detailing the risks in- is for situations that are sudden, urgent, and finance lending activities and expenses, the volved and a plan for mitigating such risk; unforeseen, specifically prevention of pan- sale of gold will finance an endowment, the cost of the transfer; legal rationale and court demic influenza and other disasters. These return on which will finance a portion of its demands; and a copy of the notification pro- needs meet the criteria for emergencies.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.003 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15023 DISCLOSURE OF CONGRESSIONAL EAR- the Rules of the House of Representatives request to the Committee of jurisdiction for MARKS AND CONGRESSIONALLY DI- and rule XLIV of the Standing Rules of the each item so identified. Neither the con- RECTED SPENDING ITEMS Senate, respectively) included in the conference report nor the joint statement of ference report or the accompanying joint managers contains any limited tax benefits Following is a list of congressional ear- statement of managers, along with the name or limited tariff benefits as defined in the ap- marks and congressionally directed spending of each House Member, Delegate, Resident items (as defined in clause 9 of rule XXI of Commissioner, or Senator who submitted a plicable House or Senate rules. TITLE IV—ENERGY AND WATER DEVELOPMENT [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

Flood Control and Coastal Emergencies Mississippi Barrier Island Restoration $439,000,000 Cochran, Wicker General Provision Upper Newport Bay, California Feinstein

TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

General Provision Amendment to Federal Deposit Insurance Act—Interest rate ceilings Lincoln

TITLE VI—HOMELAND SECURITY [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

General Provision Jones Act Waiver—Drydock ALABAMA, AL Bonner, Shelby General Provision Jones Act Waiver—Vessel MARYLAND INDEPENDENCE, MD Ruppersberger General Provision Communications System, MS Cochran, Wicker General Provision Hurricanes Katrina/Rita—Case Management, MS Cochran General Provision Hurricanes Katrina/Rita—Primary and Secondary School Repair Reimbursement, LA Landrieu General Provision Hurricane Ike—Disaster Assistance Direct Loans, TX Hutchison General Provision Reimbursements for Presidentially Declared Disasters—TX, LA, KY, WV * Edwards (TX), Culberson, Hutchison, Melan- con, Alexander (LA), Landrieu, Vitter, Rog- ers (KY), Byrd

TITLE X—MILITARY CONSTRUCTION [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

Military Construction, Army Mississippi Army Ammunition Plant Hurricane Damage Repair $49,000,000 Cochran, Taylor Military Construction, Navy Vision Center of Excellence, Maryland 4,052,000 Murray, Boozman, Nye, Walz

TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

Federal-aid Highway Program, Emergency Relief Devils Lake Roads, North Dakota Dorgan, Conrad * Item was neither committed to the conference committee by either House nor in a report of a committee of either House on either bill.

DAVID R. OBEY, JUDD GREGG, Mr. GINGREY of Georgia (at the re- JOHN P. MURTHA, ROBERT F. BENNETT, quest of Mr. BOEHNER) for today on ac- NITA M. LOWEY, LAMAR ALEXANDER, count of attending the memorial serv- ROSA L. DELAURO, SUSAN COLLINS, ice for Sergeant Jeffrey W. Jordan, GEORGE V. VOINOVICH, CHET EDWARDS, which will be held in Rome, Georgia. Managers on the Part of the House. LISA MURKOWSKI, Managers on the Part of the Senate. Sergeant Jordan made the ultimate DANIEL K. INOUYE, sacrifice for our Nation in Afghanistan ROBERT C. BYRD, f on June 4, 2009. PATRICK J. LEAHY, Mr. JONES (at the request of Mr. TOM HARKIN, LEAVE OF ABSENCE BOEHNER) for today on account of per- BARBARA A. MIKULSKI, By unanimous consent, leave of ab- HERB KOHL, sonal reasons. sence was granted to: PATTY MURRAY, Mr. GARY G. MILLER of California (at BYRON L. DORGAN, Mr. HOLT (at the request of Mr. the request of Mr. BOEHNER) for today DIANNE FEINSTEIN, HOYER) for today. on account of illness. RICHARD J. DURBIN, Ms. ESHOO (at the request of Mr. f TIM JOHNSON, HOYER) for today. MARY L. LANDRIEU, Mr. CHILDERS (at the request of Mr. SPECIAL ORDERS GRANTED JACK REED, HOYER) for today on account of district By unanimous consent, permission to FRANK R. LAUTENBERG, business. address the House, following the legis- E. BENJAMIN NELSON, Mr. ROGERS of Michigan (at the relative program and any special orders MARK PRYOR, quest of Mr. BOEHNER) for today on ac- heretofore entered, was granted to: JON TESTER, ARLEN SPECTER, count of the promotion ceremony of his (The following Members (at the re- THAD COCHRAN, brother, Brigadier General James Rog- quest of Ms. WOOLSEY) to revise and ex- KIT BOND, ers, to the rank of Major General in the tend their remarks and include extra- MITCH MCCONNELL, United States Army. neous material:)

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Ms. WOOLSEY, for 5 minutes, today. 2128. A letter from the Assistant Secretary rule — Fisheries of the Exclusive Economic Mr. SCHIFF, for 5 minutes, today. Legislative Affairs, Department of State, Zone Off Alaska, Groundfish of the Gulf of Alaska; Correction [Docket No.: 080721859- Ms. RICHARDSON, for 5 minutes, transmitting certification of a proposed 9592-03] (RIN: 0648-AX01) received May 20, today. manufacturing license agreement with Mex- ico (Transmittal No. DDTC 011-09), pursuant 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the (The following Members (at the re- to 22 U.S.C. 39, section 36(c) and (d); to the Committee on Natural Resources. quest of Mr. POE of Texas) to revise and Committee on Foreign Affairs. 2139. A letter from the Director, Office of extend their remarks and include ex- 2129. A letter from the Secretary, Depart- Sustainable Fisheries, NMFS, National Oce- traneous material:) ment of the Treasury, transmitting a six- anic and Atmospheric Administration, transmitting the Administation’s final rule — Mr. HENSARLING, for 5 minutes, month periodic report on the national emer- Fisheries of the Exclusive Economic Zone today. gency with respect to the situation in or in relation to the Democratic Republic of the Off Alaska; Pollock in the West Yakutat Dis- Mr. SMITH of New Jersey, for 5 min- trict of the Gulf of Alaska [Docket No.: utes, today. Congo that was declared in Executive Order 13413 of October 27, 2006, pursuant to 50 0910091344-9056-02] (RIN: 0648-XO73) received Mr. BURTON of Indiana, for 5 minutes, U.S.C. 1641(c); to the Committee on Foreign May 20, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural June 15, 16, 17, 18 and 19. Affairs. Mr. POE of Texas, for 5 minutes, June Resources. 2130. A letter from the Deputy General 2140. A letter from the Deputy Assistant 19. Counsel for Operations, Department of Hous- Administrator for Operations, NMFS, Na- Mr. JONES, for 5 minutes, June 19. ing and Urban Development, transmitting a tional Oceanic and Atmospheric Administra- Mr. FLAKE, for 5 minutes, today. report pursuant to the Federal Vacancies Re- tion, transmitting the Administration’s final Mr. FLEMING, for 5 minutes, June 18. form Act of 1998; to the Committee on Over- rule — Magnuson-Stevens Act Provisions; sight and Government Reform. f Fisheries of the Northeastern United States; 2131. A letter from the Deputy General Northeast Multispecies Fishery; 2009 Georges ENROLLED JOINT RESOLUTION Counsel for Operations, Department of Hous- Bank Cod Hook Sector Operations Plan and SIGNED ing and Urban Development, transmitting a Agreement, and Allocation of Georges Bank report pursuant to the Federal Vacancies Re- Cod Total Allowable Catch [Docket No.: Lorraine C. Miller, Clerk of the form Act of 1998; to the Committee on Over- 090122047-9252-02] (RIN: 0648-XM11) received House, reported and found truly en- sight and Government Reform. May 20, 2009, pursuant to 5 U.S.C. rolled a joint resolution of the House of 2132. A letter from the Deputy General 801(a)(1)(A); to the Committee on Natural the following title, which was there- Counsel for Operations, Department of Hous- Resources. upon signed by the Speaker: ing and Urban Development, transmitting a 2141. A letter from the Chief Privacy Offi- report pursuant to the Federal Vacancies Re- cer, Department of Homeland Security, H.J. Res. 40. Joint resolution to honor the form Act of 1998; to the Committee on Over- transmitting the Department’s report enti- achievements and contributions of Native sight and Government Reform. tled, ‘‘Privacy Office Second Quarter Fiscal Americans to the United States, and for 2133. A letter from the Senior Associate Year 2009 Report to Congress’’, pursuant to other purposes. General Counsel, Office of the Director of Public Law 110-53; to the Committee on f National Intelligence, transmitting a report Homeland Security. ADJOURNMENT pursuant to the Federal Vacancies Reform f Act of 1998; to the Committee on Oversight Mr. LATOURETTE. Mr. Speaker, I and Government Reform. REPORTS OF COMMITTEES ON move that the House do now adjourn. 2134. A letter from the Senior Associate PUBLIC BILLS AND RESOLUTIONS The motion was agreed to; accord- General Counsel, Office of the Director of Under clause 2 of rule XIII, reports of ingly (at 2 o’clock and 58 minutes National Intelligence, transmitting a report committees were delivered to the Clerk p.m.), under its previous order, the pursuant to the Federal Vacancies Reform Act of 1998; to the Committee on Oversight for printing and reference to the proper House adjourned until Monday, June and Government Reform. calendar, as follows: 15, 2009, at 12:30 p.m., for morning-hour 2135. A letter from the Chairman, United Mr WAXMAN: Committee on Energy and debate. States Postal Service, transmitting the Commerce. House Resolution 449. Resolution f Semiannual Report of the Inspector General of inquiry requesting the President to pro- on the Audit, Investigative, and Security Ac- vide certain documents in his possession to EXECUTIVE COMMUNICATIONS, tivities of the Postal Service (SAR) for the the House of Representatives relating to the ETC. period of Octoebr 1, 2008 through March 31, Environmental Protection Agency’s April 2009, pursuant to 5 U.S.C. app. (Insp. Gen. proposed finding that greenhouse gas emis- Under clause 2 of Rule XXIV, execu- sions are a danger to public health and wel- tive communications were taken from Act), section 5(b); to the Committee on Over- sight and Government Reform. fare (Rept. 111–146). Referred to the House the Speaker’s table and referred as fol- 2136. A letter from the Deputy Assistant Calendar. lows: Administrator for Operations, NMFS, Na- Mr. WAXMAN: Committee on Energy and 2125. A communication from the President tional Oceanic and Atmospheric Administra- Commerce. House Resolution 462. Resolution of the United States, transmitting a request tion, transmitting the Administration’s final requesting that the President transmit to for FY 2010 budget amendments for the De- rule — Magnuson-Stevens Act Provisions; the House of Representatives all information in his possession relating to specific commu- partments of Commerce, Defense, Education, Fisheries of the Northeastern United States; nications with Chrysler LLC (‘‘Chrysler’’) Health and Human Services, Homeland Secu- Northeast Multispecies Fishery; 2009 Georges (Rept. 111–147). Referred to the House Cal- rity, Justice, and State, and Other Inter- Bank Cod Fixed Gear Sector Operations Plan endar. national Programs, as well as the District of and Agreement, and Allocation of Georges Mr. OBEY: Committee on Appropriations. Columbia; (H. Doc. No. 111—48); to the Com- Bank Cod Total Allowable Catch [Docket Report on the Allocation of Budget Alloca- mittee on Appropriations and ordered to be No.: 090123054-9591-02] (RIN: 0648-XM12) re- tions for Fiscal Year 2010. (Rept. 111–148). Re- printed. ceived May 20, 2009, pursuant to 5 U.S.C. ferred to the Committee of the Whole House 2126. A letter from the Acting Director, De- 801(a)(1)(A); to the Committee on Natural on the State of the Union. fense Security Cooperation Agency, trans- Resources. Mr. MOLLOHAN: Committee on Appropria- mitting notification concerning the Depart- 2137. A letter from the Deputy Assistant tions. H.R. 2847. A bill making appropria- ment of the Air Force’s proposed Letter(s) of Administrator For Operations, NMFS, Na- tions for the Departments of Commerce and Offer and Acceptance to Morocco for defense tional Oceanic and Atmospheric Administra- Justice, and Science, and Related Agencies articles and services (Transmittal No. 09-21), tion, transmitting the Administration’s final for the fiscal year ending September 30, 2010, pursuant to 22 U.S.C. 36(b)(1); to the Com- rule — Fisheries of the Exclusive Economic and for other purposes (Rept. 111–149). Re- mittee on Foreign Affairs. Zone Off Alaska; Revisions to the Pollock ferred to the Committee of the Whole House 2127. A letter from the Assistant Secretary Trip Limit Regulations in the Gulf of Alaska on the State of the Union. Legislative Affairs, Department of State, [Docket No.: 080310410-9585-02] (RIN: 0648- Mr. CONYERS: Committee on the Judici- transmitting certification of a proposed AW54) received May 20, 2009, pursuant to 5 ary. H.R. 2247. A bill to amend title 5, United technical assistance agreement for the ex- U.S.C. 801(a)(1)(A); to the Committee on Nat- States Code, to make technical amendments port of technical data, defense services, and ural Resources. to certain provisions of title 5, United States defense articles to Iraq, the United Kingdom, 2138. A letter from the Deputy Assistant Code, enacted by the Congressional Review and the United Arab Emirates (Transmittal Administrator for Operations, NMFS, Na- Act (Rept. 111–150). Referred to the Com- No. DDTC 032-09), pursuant to 22 U.S.C. 39, tional Oceanic and Atmospheric Administra- mittee of the Whole House on the State of 36(c); to the Committee on Foreign Affairs. tion, transmitting the Administration’s final the Union.

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Mr. OBEY: Committee of Conference. Con- Mr. AUSTRIA, Mrs. BACHMANN, Mr. judges; to the Committee on Oversight and ference report on H.R. 2346. A bill making BACHUS, Mr. BARTON of Texas, Mrs. Government Reform. supplemental appropriations for the fiscal BIGGERT, Mrs. BLACKBURN, Mr. By Mr. BRADY of Texas (for himself, year ending September 30, 2009, and for other BLUNT, Mr. BONNER, Mr. BOUSTANY, Mr. SESSIONS, and Mr. AUSTRIA): purposes (Rept. 111–151). Ordered to be print- Mr. BROUN of Georgia, Mr. BROWN of H.R. 2851. A bill to amend the Internal Rev- ed. South Carolina, Mr. CALVERT, Mr. enue Code of 1986 to exclude certain gains on Mr. BRADY of Pennsylvania: Committee CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. single-family residential rental property on House Administration. House Concurrent CASSIDY, Mr. CHAFFETZ, Mr. COBLE, from gross income; to the Committee on Resolution 131. Resolution directing the Ar- Mr. COLE, Mr. CONAWAY, Mr. CREN- Ways and Means. chitect of the Capitol to engrave the Pledge SHAW, Mr. CULBERSON, Mr. DREIER, By Mr. BRALEY of Iowa (for himself of Allegiance to the Flag and the National Mr. DUNCAN, Ms. FALLIN, Mr. FLEM- and Mr. SARBANES): Motto of ‘‘In God We Trust’’ in the Capitol ING, Mr. FORBES, Ms. FOXX, Mr. H.R. 2852. A bill to amend the Social Secu- Visitor Center (Rept. 111–152). Referred to FRANKS of Arizona, Mr. GINGREY of rity Act to build on the aging network to es- the Committee of the Whole House on the Georgia, Mr. GOHMERT, Mr. GOOD- tablish long-term services and supports State of the Union. LATTE, Ms. GRANGER, Mr. GRAVES, through single-entry point systems, evi- Mr. BRADY of Pennsylvania: Committee Mr. HALL of Texas, Mr. HARPER, Mr. dence-based disease prevention and health on House Administration. House Concurrent HENSARLING, Mr. HERGER, Mr. HOEK- promotion programs, and enhanced nursing Resolution 135. Resolution directing the Ar- STRA, Mr. HUNTER, Mr. ISSA, Ms. JEN- home diversion programs; to the Committee chitect of the Capitol to place a marker in KINS, Mr. JORDAN of Ohio, Mr. KING of on Energy and Commerce. Emancipation Hall in the Capitol Visitor Iowa, Mr. KLINE of Minnesota, Mr. By Mr. BRALEY of Iowa: Center which acknowledges the role that H.R. 2853. A bill to require the purchase of LAMBORN, Mr. LATTA, Mr. LEE of New slave labor played in the construction of the domestically made flags of the United States York, Mr. LUETKEMEYER, Mrs. LUM- United States Capitol, and for other purposes of America for use by the Federal Govern- MIS, Mr. MARCHANT, Mr. MCCAUL, Mr. (Rept. 111–153). Referred to the Committee of ment; to the Committee on Oversight and MCHENRY, Mrs. MCMORRIS RODGERS, the Whole House on the State of the Union. Government Reform. Mrs. MYRICK, Mrs. MILLER of Michi- By Mr. CANTOR: f gan, Mr. NEUGEBAUER, Mr. NUNES, H.R. 2854. A bill to require the Secretary of Mr. OLSON, Mr. PENCE, Mr. PITTS, Mr. PUBLIC BILLS AND RESOLUTIONS the Treasury to redesign $1 Federal reserve POE of Texas, Mr. REHBERG, Mr. ROE notes so as to incorporate the preamble to Under clause 2 of rule XII, public of Tennessee, Mr. ROGERS of Ala- the Constitution of the United States, a list bills and resolutions of the following bama, Mr. ROGERS of Kentucky, Mr. describing the Articles of the Constitution, titles were introduced and severally re- ROONEY, Mr. SCALISE, Mrs. SCHMIDT, and a list describing the Amendments to the Mr. SCHOCK, Mr. SENSENBRENNER, Mr. ferred, as follows: Constitution, on the reverse side of such SESSIONS, Mr. SHADEGG, Mr. SHIMKUS, By Ms. WASSERMAN SCHULTZ (for notes; to the Committee on Financial Serv- Mr. SMITH of Texas, Mr. SOUDER, Mr. herself, Mr. ADERHOLT, Mr. EHLERS, ices. TERRY, Mr. THOMPSON of Pennsyl- Mr. DANIEL E. LUNGREN of California, By Ms. EDWARDS of Maryland (for vania, Mr. TIAHRT, Mr. TIBERI, Mr. Mr. BRADY of Pennsylvania, Mr. herself, Mr. SERRANO, Mr. HINCHEY, TURNER, Mr. UPTON, Mr. WAMP, and LATHAM, and Mr. WAMP): Mr. PIERLUISI, Mr. GRIJALVA, and Mr. Mr. COFFMAN of Colorado): H.R. 2843. A bill to provide for the joint ap- LANGEVIN): pointment of the Architect of the Capitol by H.R. 2846. A bill to increase energy inde- H.R. 2855. A bill to reduce deaths occurring the Speaker of the House of Representatives, pendence and job creation by increasing safe from drug overdoses; to the Committee on the President pro tempore of the Senate, the American energy production, encouraging Energy and Commerce. the development of alternative and renew- Majority and Minority Leaders of the House By Ms. FALLIN (for herself, Mr. TUR- able energy, and promoting greater effi- of Representatives and Senate, and the NER, Mr. BISHOP of Utah, Mr. BOREN, ciencies and conservation for a cleaner envi- chairs and ranking minority members of the Mr. MCCOTTER, Mr. BARTLETT, Mr. ronment; to the Committee on Natural Re- committees of Congress with jurisdiction SAM JOHNSON of Texas, Mr. ABER- sources, and in addition to the Committees over the Office of the Architect of the Cap- CROMBIE, Mr. COLE, Mr. SKELTON, Mr. on the Judiciary, Ways and Means, Energy itol, and for other purposes; to the Com- MCKEON, Mr. KLINE of Minnesota, Mr. and Commerce, Armed Services, Oversight mittee on House Administration, and in ad- FLEMING, and Mr. HUNTER): dition to the Committee on Transportation and Government Reform, and Science and H.R. 2856. A bill to amend title 10, United and Infrastructure, for a period to be subse- Technology, for a period to be subsequently States Code, to require that military decora- quently determined by the Speaker, in each determined by the Speaker, in each case for tions, ribbons, badges, medals, insignia, and case for consideration of such provisions as consideration of such provisions as fall with- other uniform accouterments used by the fall within the jurisdiction of the committee in the jurisdiction of the committee con- Armed Forces be produced in the United concerned. cerned. States; to the Committee on Armed Services. By Mr. KIND (for himself, Mr. BRALEY By Mr. KIRK: By Mr. FORBES (for himself, Mr. BOOZ- of Iowa, Mr. BLUMENAUER, Mr. WALZ, H.R. 2848. A bill to amend the Controlled MAN, Mr. SMITH of Texas, Mr. FRANKS and Mr. INSLEE): Substances Act with regard to penalties for of Arizona, and Mr. WOLF): H.R. 2844. A bill to amend title XVIII of the trafficking in high potency marihuana, and H.R. 2857. A bill to amend title 18, United Social Security Act to create a value index- for other purposes; to the Committee on the States Code, to reduce violent gang crime ing mechanism for the physician work com- Judiciary, and in addition to the Committee and protect law-abiding citizens and commu- ponent of the Medicare physician fee sched- on Energy and Commerce, for a period to be nities from violent criminals, and for other ule; to the Committee on Energy and Com- subsequently determined by the Speaker, in purposes; to the Committee on the Judici- merce, and in addition to the Committee on each case for consideration of such provi- ary. Ways and Means, for a period to be subse- sions as fall within the jurisdiction of the By Mr. KIND (for himself, Mr. BUR- quently determined by the Speaker, in each committee concerned. GESS, and Ms. BALDWIN): case for consideration of such provisions as By Ms. SCHWARTZ: H.R. 2858. A bill to amend titles XI and fall within the jurisdiction of the committee H.R. 2849. A bill to require the Secretary of XVIII of the Social Security Act to mod- concerned. Health and Human Services to enter into ernize the quality improvement organization By Mr. FRANKS of Arizona (for him- agreements with States to resolve out- (QIO) program; to the Committee on Energy self, Mr. GRIFFITH, Mr. TURNER, Mr. standing claims for reimbursement under the and Commerce, and in addition to the Com- MARSHALL, Mr. SESSIONS, and Mr. Medicare Program relating to the Special mittee on Ways and Means, for a period to be LAMBORN): Disability Workload project; to the Com- subsequently determined by the Speaker, in H.R. 2845. A bill to direct the Secretary of mittee on Ways and Means, and in addition each case for consideration of such provi- Defense to deploy ground-based interceptors to the Committee on Energy and Commerce, sions as fall within the jurisdiction of the as part of the missile defense system, and for for a period to be subsequently determined committee concerned. other purposes; to the Committee on Armed by the Speaker, in each case for consider- By Ms. MATSUI: Services, and in addition to the Committee ation of such provisions as fall within the ju- H.R. 2859. A bill to amend title XIX of the on Foreign Affairs, for a period to be subse- risdiction of the committee concerned. Social Security Act to provide for applica- quently determined by the Speaker, in each By Mr. KUCINICH (for himself, Mr. tion of an enhanced Federal matching rate case for consideration of such provisions as LATOURETTE, Mr. MCHUGH, Mr. for children under the Medicaid Program if fall within the jurisdiction of the committee FRANK of Massachusetts, and Mr. certain conditions are met; to the Com- concerned. GRIJALVA): mittee on Energy and Commerce. By Mr. BOEHNER (for himself, Mr. H.R. 2850. A bill to provide for enhanced re- By Mr. MURPHY of Connecticut (for ADERHOLT, Mr. AKIN, Mr. ALEXANDER, tirement benefits for administrative law himself and Mr. COURTNEY):

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H.R. 2860. A bill to amend title XVIII of the SCHOCK, Mr. MANZULLO, and Mr. RESOLUTION NO. 3063 affirming North Da- Social Security Act to provide for a Medi- RUSH): kota’s sovereignty under the 10th Amend- care operated prescription drug plan option H. Res. 538. A resolution supporting Olym- ment to the Constitution of the United to deliver a meaningful drug benefit and pic Day on June 23, 2009, and encouraging the States and to demand the federal govern- lower prescription drug prices under the International Olympic Committee to select ment halt its practice of assuming powers Medicare Program; to the Committee on En- Chicago, Illinois, as the host city for the 2016 and imposing mandates on the states for pur- ergy and Commerce, and in addition to the Olympic and Paralympic Games; to the Com- poses not enumerated in the Constitution of Committee on Ways and Means, for a period mittee on Foreign Affairs. the United States; to the Committee on the to be subsequently determined by the Speak- By Mrs. MCMORRIS RODGERS (for Judiciary. er, in each case for consideration of such pro- herself, Mr. LARSEN of Washington, f visions as fall within the jurisdiction of the Mr. BAIRD, Mr. DICKS, and Mr. committee concerned. REICHERT): ADDITIONAL SPONSORS By Mr. PETERS (for himself, Ms. H. Res. 539. A resolution commending So- Under clause 7 of rule XII, sponsors WATERS, Mr. DINGELL, Mr. WELCH, nora Smart Dodd for her contribution in rec- were added to public bills and resolu- Mr. HOLT, Mr. DEFAZIO, and Mr. ognizing the importance of Father’s Day and tions as follows: CAPUANO): recognizing the important role fathers play H.R. 2861. A bill to amend the Securities in our families; to the Committee on Edu- H.R. 33: Ms. SUTTON. Exchange Act of 1934 to provide for rules and cation and Labor. H.R. 49: Mr. REHBERG. standards relating to the election of boards By Mr. ETHERIDGE (for himself, Mr. H.R. 156: Mr. MORAN of Kansas. H.R. 330: Ms. KILPATRICK of Michigan. of directors and certain requirements relat- PRICE of North Carolina, Mr. MILLER H.R. 364: Mr. MCCOTTER. ing to compensation of executives; to the of North Carolina, Mr. JONES, and H.R. 391: Mr. ROONEY. Committee on Financial Services. Mr. BUTTERFIELD): H.R. 403: Ms. DELAURO and Mr. BACA. By Mr. SPACE: H. Res. 540. A resolution expressing condo- H.R. 474: Mr. FILNER. H.R. 2862. A bill to direct the Adminis- lences to the families, friends, and loved H.R. 502: Mr. GARRETT of New Jersey. trator of the Small Business Administration ones of the victims of the catastrophic explo- H.R. 560: Mr. CHAFFETZ. to provide education and resources to small sion at the ConAgra Foods plant in Garner, H.R. 600: Mr. BACA. business concerns that assist such concerns North Carolina, and for other purposes; to H.R. 646: Mr. JACKSON of Illinois. to protect themselves from phishing, and for the Committee on the Judiciary. H.R. 676: Mr. HOLT and Mr. MARKEY of Mas- other purposes; to the Committee on Small By Mr. ABERCROMBIE (for himself sachusetts. Business. and Ms. HIRONO): H.R. 708: Mr. YOUNG of Alaska and Mr. By Ms. WOOLSEY (for herself and Mr. H. Res. 541. A resolution recognizing and HERGER. BISHOP of New York): honoring the restoration and renovation of H.R. 764: Mr. SAM JOHNSON of Texas. H.R. 2863. A bill to amend title I of the Em- the Bishop Museum’s historic Hawaiian Hall, H.R. 780: Mr. LINCOLN DIAZ-BALART of Flor- ployee Retirement Income Security Act of the Nation’s premier showcase for Hawaiian ida, Mr. MARIO DIAZ-BALART of Florida, Mr. 1974 to provide for treatment of certain de- culture and history, on the occasion of the CRENSHAW, Ms. ROS-LEHTINEN, Mr. ROGERS of ferred executive compensation arrangements Museum’s 120th anniversary; to the Com- Kentucky, Mr. BOOZMAN, Mr. MCCARTHY of which is comparable to certain funding- mittee on Natural Resources. California, Mr. ROE of Tennessee, Mr. GER- based limits on benefits and benefit accruals By Mr. GARRETT of New Jersey (for LACH, Mr. PAULSEN, and Mr. CAMP. imposed on defined benefit pension plans himself, Mr. MORAN of Kansas, Mr. H.R. 815: Ms. GIFFORDS. under the Pension Protection Act of 2006; to KISSELL, and Mr. MCGOVERN): H.R. 816: Mr. BRIGHT, Mr. DOYLE, Mr. the Committee on Education and Labor. H. Res. 542. A resolution condemning the GRAVES, and Mr. WELCH. By Mr. YOUNG of Alaska: ongoing attacks by the Lord’s Resistance H.R. 879: Mrs. MCMORRIS RODGERS. H.R. 2864. A bill to amend the Hydro- Army (LRA) which have affected innocent H.R. 952: Mr. BERMAN and Mr. MARKEY of graphic Services Improvement Act of 1998 to civilians in Uganda, South Sudan, Central Massachusetts. authorize funds to acquire hydrographic data African Republic, and the Democratic Re- H.R. 964: Mr. MCCOTTER. and provide hydrographic services specific to public of Congo, and for other purposes; to H.R. 968: Mr. INGLIS. the Arctic for safe navigation, delineating the Committee on Foreign Affairs. H.R. 1024: Mr. RANGEL. the United States extended continental By Mrs. HALVORSON (for herself, Mr. H.R. 1054: Mr. BISHOP of Utah. shelf, and the monitoring and description of DINGELL, Mr. MASSA, Mr. HILL, Ms. H.R. 1079: Mr. BURGESS, Mr. PLATTS, and coastal changes; to the Committee on Nat- MATSUI, Mr. HALL of Texas, Mr. HIN- Mr. SESTAK. ural Resources. CHEY, Mrs. MALONEY, Mr. MCGOVERN, H.R. 1173: Mr. PLATTS. By Mr. YOUNG of Alaska: Ms. BEAN, Mr. CONNOLLY of Virginia, H.R. 1177: Mr. PUTNAM and Mr. BISHOP of H.R. 2865. A bill to ensure safe, secure, and Mr. ISRAEL, Mr. MEEKS of New York, New York. reliable marine shipping in the Arctic in- Mr. TEAGUE, Mr. LIPINSKI, Mr. DAVIS H.R. 1205: Mr. LYNCH, Mr. JACKSON of Illi- cluding the availability of aids to naviga- of Illinois, and Mr. WOLF): nois, Mr. CULBERSON, Mr. ACKERMAN, Mr. tion, vessel escorts, spill response capability, H. Res. 543. A resolution expressing support GRIJALVA, and Mr. TONKO. and maritime search and rescue in the Arc- for designation of June as ‘‘Home Safety H.R. 1207: Mr. SHULER, Mr. TEAGUE, and tic, and for other purposes; to the Committee Month’’; to the Committee on Energy and Mr. NUNES. on Transportation and Infrastructure. Commerce. H.R. 1222: Mr. BERRY. By Mr. MINNICK (for himself and Mr. H.R. 1245: Mr. MASSA, Mrs. BONO MACK, Mr. f COLE, and Mr. FLEMING. MCCOTTER): H.R. 1305: Mr. WITTMAN. H. Con. Res. 151. Concurrent resolution ex- MEMORIALS H.R. 1326: Ms. TITUS, Ms. ZOE LOFGREN of pressing the sense of Congress that China re- Under clause 4 of Rule XXII, memo- California, and Mr. WEINER. lease democratic activist Liu Xiaobo from H.R. 1328: Mr. GERLACH. imprisonment; to the Committee on Foreign rials were presented and referred as fol- H.R. 1330: Mr. RYAN of Ohio. Affairs. lows: H.R. 1362: Mr. CAO and Mr. HODES. By Mrs. MALONEY (for herself, Mr. 79. The SPEAKER presented a memorial of H.R. 1389: Mr. PERLMUTTER. GEORGE MILLER of California, and Mr. the Senate of Pennsylvania, relative to Sen- H.R. 1405: Ms. HIRONO. BRADY of Texas): ate Resolution No. 32 urging the Citizens H.R. 1441: Mr. CLAY. H. Con. Res. 152. Concurrent resolution Stamp Advisory Committee to recommend H.R. 1466: Mr. CUMMINGS. commending the Bureau of Labor Statistics and the United States Postal Service to issue H.R. 1479: Mr. DOGGETT, Mr. BRADY of on the occasion of its 125th anniversary; to a ‘‘Forever Stamp’’ honoring recipients of Pennsylvania, and Ms. EDWARDS of Mary- the Committee on Education and Labor. the Purple Heart; to the Committee on Over- land. By Ms. RICHARDSON: sight and Government Reform. H.R. 1503: Mr. CARTER, Mr. CULBERSON, and H. Con. Res. 153. Concurrent resolution 80. Also, a memorial of the House of Rep- Mr. NEUGEBAUER. honoring the 111th anniversary of the inde- resentatives of the Northern Mariana Is- H.R. 1521: Mr. BRADY of Pennsylvania and pendence of the Philippines; to the Com- lands, relative to H.J.R. No. 16-24 To support Mr. CONAWAY. mittee on Foreign Affairs. and advocate the passage of H.R. 934 now H.R. 1528: Ms. CLARKE, Mr. CUMMINGS, and By Ms. SCHAKOWSKY (for herself, Mr. pending before the 111th United States Con- Mr. FRANK of Massachusetts. SHIMKUS, Mr. COSTELLO, Mr. QUIGLEY, gress; to the Committee on Natural Re- H.R. 1530: Ms. CLARKE. Mr. GUTIERREZ, Ms. BEAN, Mr. FOS- sources. H.R. 1531: Ms. CLARKE. TER, Mrs. HALVORSON, Mr. HARE, Mr. 81. Also, a memorial of the Sixty-first Leg- H.R. 1548: Mr. BOYD, Ms. MARKEY of Colo- JACKSON of Illinois, Mr. DAVIS of Illi- islative Assembly of North Dakota of North rado, Mr. MICHAUD, Mr. GRAYSON, and Mr. nois, Mr. LIPINSKI, Mr. KIRK, Mr. Dakota, relative to HOUSE CONCURRENT TIBERI.

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H.R. 1600: Mrs. MCMORRIS RODGERS. H.R. 2562: Mr. BISHOP of New York and Mrs. H. Con. Res. 144: Mr. ALEXANDER, Mr. KEN- H.R. 1612: Mr. DEFAZIO, Mr. CUMMINGS, and MCMORRIS RODGERS. NEDY, Mr. GEORGE MILLER of California, Ms. Mr. MCGOVERN. H.R. 2567: Mr. COHEN. SHEA-PORTER, Mr. THOMPSON of Mississippi, H.R. 1615: Mr. HOLT. H.R. 2570: Ms. BALDWIN. Mr. CAO, Mr. GUTIERREZ, Mr. SCOTT of Vir- H.R. 1618: Ms. EDDIE BERNICE JOHNSON of H.R. 2575: Mr. KAGEN. ginia, Ms. BORDALLO, and Ms. GIFFORDS. Texas, Ms. ROS-LEHTINEN, and Ms. DELAURO. H.R. 2586: Mr. FRANKS of Arizona. H. Res. 69: Mr. INSLEE and Ms. GIFFORDS. H.R. 1625: Mrs. MILLER of Michigan and Mr. H.R. 2635: Mr. COHEN, Mr. MCGOVERN, Mr. H. Res. 111: Mr. WEINER. DAVIS of Alabama. GEORGE MILLER of California, Ms. SCHA- H. Res. 260: Mr. ROTHMAN of New Jersey. H.R. 1633: Mr. BAIRD. KOWSKY, Ms. DELAURO, and Mr. NADLER of H. Res. 285: Mr. ROYCE. H.R. 1684: Mr. LUETKEMEYER. New York. H. Res. 330: Mr. SHULER, Mr. ROSS, Mr. H.R. 1686: Mr. WU, Ms. ZOE LOFGREN of H.R. 2667: Mr. COOPER and Ms. HIRONO. GRIFFITH, Mr. SESTAK, and Mr. KISSELL. California, Mr. MITCHELL, Mr. CONNOLLY of H.R. 2670: Mr. PETERS. H. Res. 366: Mr. CONAWAY, Mr. NEUGE- H.R. 2682: Mr. MANZULLO and Mr. BOOZMAN. Virginia, Mr. COURTNEY, Mr. JOHNSON of BAUER, Mr. OLSON, Mr. HENSARLING, Mr. H.R. 2688: Mrs. CAPPS. Georgia, and Mr. SIRES. BRADY of Texas, Mr. HALL of Texas, Mr. GOH- H.R. 2689: Mr. GOODLATTE. H.R. 1776: Ms. SCHWARTZ. MERT, Mr. CULBERSON, Mr. MCCAUL, Mr. CAR- H.R. 2712: Mr. BOEHNER, Mr. FRANKS of Ari- H.R. 1799: Mr. SHUSTER and Mr. DENT. TER, Ms. GRANGER, Mr. THORNBERRY, Mr. POE zona, Mr. WILSON of South Carolina, Mr. H.R. 1815: Mr. COFFMAN of Colorado. of Texas, Mr. SAM JOHNSON of Texas, Mr. SHUSTER, Mr. SAM JOHNSON of Texas, Mr. H.R. 1835: Mr. TIBERI and Mr. ROTHMAN of BARTON of Texas, Mr. TIAHRT, Mr. WALDEN, RADANOVICH, Mr. MILLER of Florida, Mr. New Jersey. Mr. SHADEGG, Mrs. BIGGERT, Mr. BUCHANAN, ROONEY, Mr. KING of New York, Ms. H.R. 1870: Mr. WOLF. Mr. WESTMORELAND, Mr. WILSON of South GRANGER, Mr. DENT, Mr. BROUN of Georgia, H.R. 1912: Ms. BALDWIN. Carolina, Mr. WHITFIELD, Mr. ROSKAM, Mr. and Mr. LAMBORN. H.R. 1964: Ms. NORTON. LOBIONDO, Mrs. MCMORRIS RODGERS, Mr. H.R. 2724: Mr. HINCHEY, Ms. NORTON, and H.R. 1977: Mr. CARNAHAN and Mr. CASSIDY. DANIEL E. LUNGREN of California, Mr. HUN- Mr. MCGOVERN. H.R. 1980: Mr. SHIMKUS, Mr. POSEY, and Mr. TER, Mr. SIMPSON, Mr. FRELINGHUYSEN, Mr. H.R. 2743: Mr. LARSON of Connecticut, Mr. PLATTS. GERLACH, Mr. DEAL of Georgia, Mr. BROUN of BROUN of Georgia, Mr. PASCRELL, Mr. H.R. 1992: Mr. REYES. Georgia, Mr. PRICE of Georgia, Mr. UPTON, KISSELL, Ms. WATERS, Mr. SCHOCK, Mrs. HAL- H.R. 2074: Ms. SUTTON, Mr. FILNER, Mr. Mr. ROONEY, Mr. DAVIS of Kentucky, Mr. VORSON, Mr. BLUMENAUER, Ms. SPEIER, Mr. SESTAK, Mr. JACKSON of Illinois, Mr. VAN MICA, Mr. BARRETT of South Carolina, Mrs. RYAN of Ohio, Mr. LAMBORN, Mrs. CAPITO, HOLLEN, and Mr. PAYNE. CAPITO, Mr. CAO, Mr. SHUSTER, Mr. Mr. LUJA´ N, Mr. SESTAK, Mr. ROE of Ten- H.R. 2097: Mr. OLVER, Mr. CAPUANO, and REICHERT, Mr. BISHOP of Utah, Mr. AKIN, Mr. nessee, Mr. MURPHY of Connecticut, and Ms. Mr. HINCHEY. YOUNG of Alaska, Mr. ISSA, Mr. RADANOVICH, MOORE of Wisconsin. H.R. 2105: Ms. BALDWIN. Mrs. BLACKBURN, Mrs. CAPPS, Ms. DEGETTE, H.R. 2745: Mr. POSEY, Mr. HERGER, Ms. H.R. 2106: Ms. BALDWIN. Mr. SCALISE, Mr. STEARNS, Mr. SHIMKUS, and FALLIN, Mrs. BACHMANN, Mr. LATTA, Mr. POE H.R. 2203: Mr. BARTLETT, Mr. BROUN of Mr. THOMPSON of Pennsylvania. of Texas, Mr. HUNTER, Mr. COLE, Mr. HARPER, Georgia, Mr. COLE, Mr. ELLSWORTH, Mr. H. Res. 409: Mr. WILSON of South Carolina. Mr. FORBES, Mr. BRADY of Texas, Mr. GAR- H. Res. 480: Ms. EDWARDS of Maryland. FLEMING, Mr. FRANKS of Arizona, Mr. GRI- RETT of New Jersey, Mr. PRICE of Georgia, H. Res. 521: Mrs. BLACKBURN, and Mr. JALVA, Mr. MACK, Mr. PAUL, Mr. PAULSEN, Mr. WILSON of South Carolina, Mr. JORDAN of SABLAN. Mr. POSEY, and Mr. WILSON of South Caro- Ohio, Mr. PITTS, Mr. BONNER, Mr. CHAFFETZ, lina. f Mr. FRANKS of Arizona, Mr. SHADEGG, Mr. H.R. 2227: Mr. FOSTER, Mr. SAM JOHNSON of GOHMERT, Mr. LAMBORN, Mr. KING of Iowa, DELETIONS OF SPONSORS FROM Texas, and Mr. CRENSHAW. Mr. FLAKE, Mr. OLSON, Ms. FOXX, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 2256: Mr. MORAN of Virginia. MARCHANT, and Mr. SMITH of Texas. H.R. 2262: Mr. LYNCH, Mr. POLIS, Mr. H.R. 2777: Ms. WATERS. Under clause 7 of rule XII, sponsors SPACE, Mr. ROTHMAN of New Jersey, and Mr. H.R. 2817: Ms. NORTON. were deleted from public bills and reso- MICHAUD. H.R. 2831: Mr. WELCH and Ms. SCHWARTZ. lutions as follows: H.R. 2266: Mr. DRIEHAUS and Mr. GRIJALVA. H.R. 2842: Mr. INGLIS. H. R. 2300: Mr. PRICE of Georgia, Mr. SMITH H.R. 2267: Mr. DRIEHAUS, Mr. POLIS, Mr. H.J. Res. 50: Mr. ROE of Tennessee and Mr. of Texas, Mr. MCCOTTER, Mr. RYAN of Wis- GRIJALVA, and Mr. ISRAEL. BUYER. consin, Ms. JENKINS, Mr. LAMBORN, Mrs. H.R. 2287: Mr. TIAHRT, Mr. WILSON of South H.J. Res. 54: Mrs. MCMORRIS RODGERS, Mr. MYRICK, Mr. CULBERSON, Mr. BROWN of South Carolina, and Mr. TAYLOR. BARTLETT, Mr. JONES, Mr. MARCHANT, and Carolina, Mr. BONNER, Mr. SCALISE, Mr. BOU- H.R. 2314: Mr. COLE. Mr. MCHENRY. STANY, Mr. GALLEGLY, Mr. SOUDER, Mr. CON- H.R. 2324: Mr. FRANK of Massachusetts and LARKE LAY H. Con. Res. 44: Ms. C , Mr. C , Mr. AWAY, Mr. HERGER, Mrs. BACHMANN, Mr. Mrs. MALONEY. ONYERS ATERS C , and Ms. W . PENCE, Mr. SULLIVAN, Mr. JORDAN of Ohio, H.R. 2336: Mr. KLEIN of Florida, Mr. WILSON H. Con. Res. 48: Mr. FRANK of Massachu- Mr. COFFMAN of Colorado, Mr. LINDER, Mr. of Ohio, Mr. MCGOVERN, and Mr. FILNER. setts. BROUN of Georgia, Mr. MCHENRY, Mr. CAR- H.R. 2350: Ms. SCHAKOWSKY and Mr. PRICE H. Con. Res. 128: Mr. INGLIS. TER, Mr. CHAFFETZ, Mr. WAMP, Mr. THOMP- of North Carolina. H. Con. Res. 131: Mr. BRADY of Texas, Mr. SON of Pennsylvania, Ms. FALLIN, Mr. AKIN, H.R. 2365: Ms. WOOLSEY. PAULSEN, Mr. ROGERS of Kentucky, Ms. ROS- Mr. SAM JOHNSON of Texas, Mr. FLEMING, Mr. H.R. 2368: Ms. ESHOO. LEHTINEN, Mr. ADERHOLT, Mrs. BIGGERT, Mr. LUCAS, Mr. HOEKSTRA, Mr. YOUNG of Alaska, H.R. 2373: Ms. MARKEY of Colorado, Mr. BILIRAKIS, Mr. BISHOP of Utah, Mr. BONNER, Mr. MANZULLO, Mr. BRADY of Texas, Ms. PRICE of North Carolina, Mr. ROGERS of Ala- Ms. GINNY BROWN-WAITE of Florida, Mr. FOXX, Mr. HARPER, Mr. HENSARLING, Mr. bama, and Mr. COURTNEY. BUYER, Mr. CALVERT, Mr. CAO, Mrs. CAPITO, FRANKS of Arizona, Mr. HUNTER, Mr. H.R. 2376: Mr. MCCOTTER. Mr. CHAFFETZ, Mr. COFFMAN of Colorado, Mr. GINGREY of Georgia, Mrs. LUMMIS, Mr. H.R. 2389: Mr. BISHOP of New York. COLE, Mr. CULBERSON, Mr. DAVIS of Ken- MARCHANT, Mr. MCKEON, Mr. NEUGEBAUER, H.R. 2393: Mr. CASTLE. tucky, Mr. DENT, Mr. DUNCAN, Mr. FLEMING, Mr. PITTS, Mr. SIMPSON, Mr. HELLER, Mr. H.R. 2401: Mrs. MALONEY. Ms. FOXX, Mr. GERLACH, Mr. GOHMERT, Mr. POE of Texas, Mr. LEE of New York, Mr. H.R. 2404: Mr. HIMES. GOODLATTE, Mr. HASTINGS of Washington, WESTMORELAND, Mr. BURTON of Indiana, Mr. H.R. 2406: Mr. BARTON of Texas, Ms. JEN- Mr. HUNTER, Mr. INGLIS, Mr. KIRK, Mr. KLINE REHBERG, Mr. ALEXANDER, Mr. GOODLATTE, KINS, Mr. WILSON of South Carolina, Mr. of Minnesota, Mr. LATOURETTE, Mr. LEWIS of Mr. CASSIDY, Mr. RADANOVICH, Mr. LATTA, DENT, Mr. GINGREY of Georgia, Mr. WITTMAN, California, Mr. LINDER, Mr. LUCAS, Mrs. Mr. MCCAUL, Mr. SESSIONS, Mr. BOOZMAN, Mr. BOUSTANY, Mr. POSEY, and Mr. GOOD- LUMMIS, Mr. MARCHANT, Mr. MCCOTTER, Mr. and Mr. THORNBERRY. LATTE. MCHENRY, Mr. MICA, Mrs. MILLER of Michi- H.R. 2414: Ms. SLAUGHTER. gan, Mr. GARY G. MILLER of California, Mrs. f H.R. 2421: Mr. MCKEON. MYRICK, Mr. NUNES, Mr. PLATTS, Mr. POE of PETITIONS, ETC. H.R. 2483: Mrs. MCCARTHY of New York, Mr. Texas, Mr. PRICE of Georgia, Mr. REHBERG, COSTA, Mrs. LOWEY, and Mr. BACA. Mr. REICHERT, Mr. ROONEY, Mr. RYAN of Wis- Under clause 1 of Rule XXII, H.R. 2490: Mr. RUSH. consin, Mr. SCALISE, Mr. SCHOCK, Mr. SES- 49. The SPEAKER presented a petition of H.R. 2497: Ms. RICHARDSON, Ms. CLARKE, SIONS, Mr. SHIMKUS, Mr. SMITH of New Jer- the San Francisco Board of Supervisors, rel- Mr. MEEKS of New York, and Mr. HALL of sey, Mr. SMITH of Texas, Mr. SOUDER, Mr. ative to RESOLUTION NO. 106-09 urging New York. STEARNS, Mr. TERRY, Mr. TURNER, Mr. both the California State Legislature and H.R. 2521: Mr. BOCCIERI and Mr. RUSH. UPTON, Mr. WALDEN, Mr. WHITFIELD, Mr. United States Congress to establish a Do Not H.R. 2523: Mr. FILNER. WILSON of South Carolina, Mr. WITTMAN, Mr. Mail Registry; which was referred to the H.R. 2531: Mr. DELAHUNT. GRAVES, Mr. PETRI, Mr. BARTLETT, Mr. BOEH- Committee on Oversight and Government H.R. 2560: Mr. BURGESS. NER, and Mr. THOMPSON of Pennsylvania. Reform.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.004 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15028 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 12, 2009 DISCHARGE PETITIONS— AMENDMENTS ration’’, after the first dollar amount insert ‘‘(increased by $566,500,000)’’. ADDITIONS OR DELETIONS Under clause 8 of rule XVIII, pro- H.R. 2847 The following Members added their posed amendments were submitted as follows: OFFERED BY: MR. PAULSEN names to the following discharge peti- H.R. 2847 AMENDMENT NO. 2. At the end of the bill tion: OFFERED BY: MR. OLSON (before the short title) insert the following new section: Petition 3 by Mr. LATOURETTE on House AMENDMENT NO. 1. In the item relating to Resolution 359: Fred Upton, Mac Thornberry, ‘‘Bureau of Census—periodic censuses and SEC. ll. None of the funds made available Kenny Marchant, Candice S. Miller, Todd programs’’, after the first dollar amount in- in this Act may be used to try an individual Russell Platts, John Campbell, and George sert ‘‘(reduced by $566,500,000)’’. who is detained at Naval Station, Guanta- Radanovich. In the item relating to ‘‘National Aero- namo Bay, Cuba, as of the date of the enact- nautics and Space Administration—explo- ment of this Act, in any United States court.

VerDate Mar 15 2010 12:58 Oct 05, 2011 Jkt 079102 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\BR09\H12JN9.004 H12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15029 EXTENSIONS OF REMARKS

A TRIBUTE IN RECOGNITION OF CENTRAL DAVIDSON—THREE TRIBUTE TO MICHAEL J. WOOTTEN DR. EDISON O. JACKSON TIMES A CHAMPION HON. JAMES P. MORAN HON. HOWARD COBLE OF VIRGINIA HON. EDOLPHUS TOWNS– OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Friday, June 12, 2009 Friday, June 12, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. MORAN of Virginia. Madam Speaker, I Mr. COBLE. Madam Speaker, a softball rise today to pay tribute to an exceptional Friday, June 12, 2009 team at a high school in our congressional man. On Wednesday, June 10th, the federal district proved this year that even when you government and, in particular, the General Mr. TOWNS. Madam Speaker, I rise today lose your key player for a large part of the Services Administration lost an exemplary in recognition of Dr. Edison O. Jackson, the season, when the whole team pulls together, public servant, a genuine and trusted friend, President of Medgar Evers College of the City greatness can still be achieved. Despite losing and a devoted husband and father. On that University of New York and a foremost leader 2008 News & Record All-Area Player of the day Michael J. Wootten, lost his courageous in higher education who is now retiring after Year Chelsea Leonard to a knee injury on No- battle with cancer. Mike was the epitome of a twenty years with the College. vember 25, 2008, the Central Davidson High fine public servant. He was accurate, detailed, inquisitive, and thorough in his work. He left Dr. Jackson was born in Heathsville, Vir- School softball team came together and finished its 21–7 season with a championship our federal government and federal workforce ginia. He received a Bachelor of Science de- title. ‘‘We’ve been through some tough times the richer for his service. gree in Zoology, a Master of Arts degree in this year,’’ Coach Gene Poindexter told The He began his legal career as a law clerk, serving the office of the 5th district solicitor, Counseling from Howard University, a Master Dispatch. ‘‘Got knocked down a couple times. Richland County, South Carolina. When he ar- of Divinity degree from New York Theological Got black eyes a couple of times. We just kept rived in Washington D.C., Mike served as Ma- Seminary, and a Doctorate in Education from fighting, and we worked hard to get back in jority Staff Counsel to the Committee on the Rutgers University with an emphasis on the the playoffs; I can’t say enough about all these Judiciary of the United States Senate. As full philosophy, function, role, and administration freshmen, sophomores and juniors. They’re a Committee staff counsel, Mike was respon- of urban educational institutions. great bunch of kids who worked their tails off.’’ sible for issues of Administrative Law and Pro- On behalf of the citizens of the Sixth District After an impressive twenty years in higher cedures, Courts, and Juvenile Justice. of North Carolina, we wish to congratulate the education, Dr. Jackson was welcomed to Mike then moved on to the Department of Spartans for winning their third consecutive 2A Justice, where he spent three years in the Medgar Evers College as its 5th President. He state softball championship. quickly formulated and implemented a new vi- Civil Division as Assistant Director of the Of- The Spartans defeated Richlands by a fice of Policy and Legislation and Special As- sion for the College’s future, spearheading the score of 1–0 on Saturday, June 6, 2009. sistant to the Assistant Attorney General. One creation of the Freshman Year Program, in- Freshman extraordinaire Carley Tysinger of Mike’s accomplishments as Special Coun- creasing student retention, creating three new ripped a 1–0 pitch into left for a single to drive sel was assisting in the confirmation of Justice academic schools, and restoring the institu- in the biggest run of the season and the only Anthony Kennedy to the U.S. Supreme Court. tion’s senior college status in 1994. run of the title game. And that one-run lead Before departing Justice to join GSA, Mike was all that was needed with senior Chelsea served briefly as the Acting General Counsel To increase the enrollment and academic Leonard on the mound. Leonard returned in success of African American males, Dr. Jack- for the President’s Commission on Privatiza- time for the postseason and was named tour- tion. son established the nationally recognized Male nament MVP. Leonard threw a one-hitter with Upon his arrival at the General Services Ad- Development and Empowerment Center to 19 strikeouts against Richlands in the title ministration, Mike quickly became the ‘‘go to’’ groom and guide men through their higher game. lawyer for advice and counsel on real property education career and to prepare them for the The championship season was a team effort law and legislative matters involving the Fed- workforce. Consequently, Medgar Evers has led by seniors Kelsey Rountree and Chelsea eral Property and Administrative Services Act increased its enrollment of African American Leonard, juniors Haley Hanes, Laura Fritts, of 1949. For almost 20 years Mike served in men by 13 percent. Haley Thore, Nicole Perry, and Mindi Morris, the Office of the General Counsel. In addition, sophomores Kara Lohr, Whitney Lohr, he served as counsel to the Office of Con- Dr. Jackson has served and/or holds mem- Jazmine Charles, Emma Comer, and Megan gressional Affairs, the Public Buildings Serv- bership in a number of prominent civic, edu- Yountz, and freshmen Charity McGath, Carley ice, the Office of Government-wide Policy, and cational, and community organizations. He has Tysinger, Allie Stovall, and Lauren Bryant. the Office of the Chief Financial Officer. In also written on issues of concern to educators Also assisting the team during this season 2009, Mike was appointed to the Senior Exec- regarding minority students, including student were assistant coaches Jim Welborn, Bryan utive Service. His list of opinions was endless, retention and the role of spiritual leadership in Starnes, Greg Leonard, Sterling Charles, Mike and his advice was sought after and followed. higher education. Pickett, Jordan Stogner, Jodi Duncan, the Mike was justifiably proud of his legal con- voice of the Spartans, announcer Stuart tributions to GSA. However, his pride in his Dr. Jackson has been honored for his dec- Joontz, scorekeeper Mitzi Tysinger and last legal career was always exceeded by his pride ades of service and achievements from scores but not least, manager Xavier ‘‘Sabby’’ in his family, his loving wife Shereen and his of elected officials, educational institutions, Rosales. two outstanding sons, Mitchell and Corey. As and community organizations. Again, on behalf of the Sixth District, we a parent and husband, he was immensely Madam Speaker, I would like to recognize would like to congratulate Principal Emily Lipe, proud of their accomplishments, their commu- Dr. Edison O. Jackson, a visionary leader and Athletic Director and Head Coach Gene nity involvement, and their love for each other. Poindexter, and everyone affiliated with the Mike made and maintained legions of friend- an inspiration to all of New York. Spartans. Congratulations to Central Davidson ships. His friends, who will cherish his memory Madam Speaker, I urge my colleagues to on a spectacular season and for winning its and joyful spirit, will join me today with honor join me in paying tribute to Dr. Edison O. third consecutive 2A state softball champion- and great sadness to pay tribute to Michael J. Jackson. ship. Wootten.

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15030 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 12, 2009 RECOGNIZING THE UNITED trol’s Tucson Sector is ground zero for the the California Veterans Board, where he STATES BORDER PATROL’S 85TH trafficking of humans and drugs into our coun- worked tirelessly to ensure and enhance the ANNIVERSARY try. Each day, the agents stationed here con- rights and benefits of California Veterans, and front extraordinary risks to keep us safe. They was active on the board of the North Bay HON. GABRIELLE GIFFORDS face armed smugglers, harsh desert terrain Chapter of the Alzheimer’s Association of OF ARIZONA and weather extremes. Each day, they illus- Northern California and Nevada. IN THE HOUSE OF REPRESENTATIVES trate what it means to be dedicated to duty However, perhaps the most enduring legacy Friday, June 12, 2009 and to country. Border Patrol agents serve us of Admiral Sparks will be as the devoted hus- with patriotism and commitment and, as a na- band of his wife Betty and as a loving father Ms. GIFFORDS. Madam Speaker, I would tion, we owe them a tremendous debt of grati- and grandfather. He is survived by four of his like to recognize the brave men and women of tude. children; Bennett Jr., James, John and the United States Border Patrol on the occa- On behalf of the people of Arizona’s 8th Julieann, his sister Doris, as well as his 11 sion of their agency’s 85th anniversary. Congressional District, I extend my deepest grandchildren, 22 great-grandchildren and one The Border Patrol is the first line of defense appreciation to the men and women of the great-great-grandchild. for our nation. When it was established in the Tucson Sector of the Border Patrol and to Madam Speaker, it is fitting at this time that early part of the last century, its only posts their colleagues who work all across our bor- we honor the life, service and memory of Ad- were in Detroit, Michigan, and El Paso, Texas. ders. miral Sparks. His dedication to his country, his The first agents were issued a badge and a family and community are a testament to a revolver but they had to provide their own f great man who will long be remembered by horses and saddles. Fortunately, the federal COMMEMORATING REAR ADMIRAL those who knew him. We are lucky to have government paid for the feed. BENNETT S. ‘‘BUD’’ SPARKS, had him as a neighbor, a friend and an inspi- Since its founding in 1924, the Border Patrol U.S.C.G. has grown and become a modern agency in ration. every way. While some Border Patrol agents f still ride horses, they all now use technology HON. MIKE THOMPSON OF CALIFORNIA SOUTHWESTERN RANDOLPH— that their predecessors could not have imag- CLOSE TO PERFECTION ined. Their tools and strategies have changed IN THE HOUSE OF REPRESENTATIVES over time but their original mission remains Friday, June 12, 2009 the same. Each day they put on their uniforms HON. HOWARD COBLE Mr. THOMPSON of California. Madam and go out to protect and defend our borders. OF NORTH CAROLINA Representing the 8th Congressional District Speaker, I rise today to honor the memory of IN THE HOUSE OF REPRESENTATIVES Rear Admiral Bennett ‘‘Bud’’ Sparks, who in Southeastern Arizona, I have had the privi- Friday, June 12, 2009 lege of witnessing first-hand the Border Pa- passed away May 22 after a lifetime of service trol’s important work. It has been a highlight of to our country in the Coast Guard. Admiral Mr. COBLE. Madam Speaker, perfection is my time in Congress to meet the men and Sparks’ dedication to our country and his de- difficult to achieve in life—and perhaps even women of the Tucson Sector of the Border votion to his family and his community de- more so in sports—so it is noteworthy when Patrol who serve in one of the most chal- serve the highest commendation. any team comes so close to that achievement. lenging regions in our country. While the Tuc- Admiral Sparks was born on October 10, A high school softball team in our congres- son Sector represents only 13 percent of our 1925, and enlisted in the Coast Guard Re- sional district came within one win of a perfect border with Mexico, it accounts for close to 50 serve in 1942. His service spanned the globe season. Even with that one loss, the team percent of the Border Patrol’s apprehensions and he saw action in the Atlantic, Pacific and captured a state championship. On behalf of and drug seizures. European theaters of operations while flying the citizens of the Sixth District of North Caro- Under the exceptional leadership of Tucson as a combat aircrewman on both antisub- lina, we wish to congratulate the softball team Sector Chief Patrol Agent Robert Gilbert, great marine and air-sea rescue missions. After the of Southwestern Randolph High School for progress has been achieved in making our War, he transferred to the active Coast Guard, winning the North Carolina 3A state champion- border more secure. Chief Gilbert has assem- where he received a field promotion to ensign ship. This is the second 3A title in three years bled an outstanding top management team in- in 1957 after having served in all enlisted the Cougars have won. cluding Deputy Chief Patrol Agent Robert ranks through chief petty officer. The team was led by Head Coach Steve Boatwright and Division Chiefs John He later flew mapping missions over Alaska Taylor who was able to bring the team to- Fitzpatrick and Jeanne Ray-Condon. In addi- from 1946 to 1957 for the Coast Guard and as gether and make them believe they were cation to implementing effective new strategies a civilian. In 1966 he took up his first of nine pable of anything. As a result, the Cougars fin- to deal with the high volume of drug and consecutive commands over 23 years. During ished the season with an impressive 30–1 human smuggling, they have been responsive this time, he served as commanding officer of record that was capped with a 5–2 win over to my inquiries on behalf of constituents and four Coast Guard Units, three Coast Guard Asheville T.C. Roberson High School on June they have reached out to establish partner- Groups and two U.S. Navy Maritime Defense 6, 2009. ships with local residents, ranchers and busi- Zone Sectors. He attained flag rank in 1985, The championship season was a team effort ness owners. and received his second star in 1987. led by seniors Anna Maness, Holly Berry, and The daily work of the Border Patrol is con- Throughout his career, Admiral Sparks re- Brittany Jones, juniors Erin Billups, Olivia ducted by a force of hard working agents who ceived numerous decorations for his service. Hickman, Cheryl Coley, and Hanna Hughes, carry out their duty with honor and distinction Among them are the Navy Distinguished Pub- sophomores Cynthia Hayes, Julia Callicutt, in some of the most rugged territory in the na- lic Service medal, two Coast Guard Distin- Sydney Hyden, Kelsey Hoover, Victoria Hunt, tion. I am proud of the relationship we have guished Public Service medals, the Legion of and Sloan King, and freshmen Dee Chriscoe, established with the Executive Board of the Merit, Meritorious Service medal, two Coast Paige Parrish, Brooke Hayes, Kaylee King, National Border Patrol Council, Local 2544, Guard commendation medals, the Coast and Hayleigh Clapp. which represents the agents who work in the Guard Achievement medal, the Arctic Service Also assisting the team during this out- Tucson Sector. The agents on the ground are medal and, of course, his Coast Guard Com- standing 30–1 season were assistant coaches capably represented by Edward Tuffly, Local bat Air Crew Wings. Bobby Berry, Robert Hayes, Wendal Seawell, 2544 President, and the members of his Exec- Admiral Sparks was also a dedicated advo- and Angela Hoover. utive Board, Richard Martinez, Arturo Del cate for other reserve officers, fellow veterans Again, on behalf of the Sixth District, we Cueto, David Hull and Kurt Kelley. They keep and his community. He has served as both would like to congratulate Principal Dr. Chris me apprised of the needs and concerns of president of the Reserve Officer’s Association Vecchione, Athletic Director Randy Key, Head their members so that I can better fight for the of the United States—the first Coast Guard of- Coach Steve Taylor, and all who contributed resources that they must have to safely and ficer to hold this position—and as Chief of the to this outstanding season. Congratulations to effectively do their jobs. U.S. Delegation to the Inter-Allied Confed- Southwestern Randolph High School on a My 9,000–square mile district includes 114 eration of Reserve Officers at NATO head- spectacular season and for winning the North miles of international border. The Border Pa- quarters in Brussels, Belgium. He also chaired Carolina 3A state championship.

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15031 A TRIBUTE IN REMEMBRANCE OF ator Strom Thurmond. He graduated first in his HONORING ALEX ADAMEK DR. DANIEL C. UDOJI class in engineering and was in the top 2 percent of his overall class. He went on to earn HON. SAM GRAVES HON. EDOLPHUS TOWNS– two Master’s degrees, one from the acclaimed OF MISSOURI OF NEW YORK JFK School of Government at Harvard Univer- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sity, where he graduated with a perfect 4.0, Friday, June 12, 2009 Friday, June 12, 2009 and the other, where he achieved the highest academic mark ever recorded at the time from Mr. GRAVES. Madam Speaker, I proudly Mr. TOWNS. Madam Speaker, I rise today the Graduate Institute of International Studies pause to recognize Alex Adamek, a very spe- in recognition of Dr. Daniel C. Udoji, a self- in Geneva. cial young man who has exemplified the finest employed medical provider in Brooklyn. qualities of citizenship and leadership by tak- Dr. Udoji was born in Egbu-Owerri, Eastern After graduating from West Point, Ralph had ing an active part in the Boy Scouts of Amer- Nigeria to Chief Benjamin and Mrs. Dorothy a distinguished military career where he was ica, Troop 351, and in earning the most pres- Udoji and lived there until 1954. Dr. Udoji left selected as Officer of the Year of the 2nd Ar- tigious award of Eagle Scout. Nigeria for London in 1957 for further edu- mored Cavalry Regiment and served tours in Alex has been very active with his troop, cation at University College Ibadan and grad- Germany, Vietnam and the United States. participating in many scout activities. Over the uated with a M.B./B.S. in 1964. During his last military assignment, he served many years Alex has been involved with During the Nigerian-Biafra Civil War, from as the military staff assistant to Vice President scouting, he has not only earned numerous 1967 to 1970, Dr. Udoji provided medical and Walter Mondale. merit badges, but also the respect of his fam- surgical services to refugees and displaced In 1981, Ralph resigned his commission as ily, peers, and community. persons. After his commendable medical as- major in the U.S. Army and joined Northrop Madam Speaker, I proudly ask you to join sistance during the Nigerian-Biafra Civil War, Grumman where he enjoyed a 21-year career me in commending Alex Adamek for his ac- Dr. Udoji proceeded to the United Kingdom for and rapidly rose up the company ladder. He complishments with the Boy Scouts of Amer- postgraduate Medical Studies at Postgraduate was among the youngest vice presidents ever ica and for his efforts put forth in achieving the Medical School in Scotland and University appointed in the company’s 60 year history, highest distinction of Eagle Scout. Hospital of Wales in Wales. After completion and he ran the B-2 program—arguably one of f of his studies, Dr. Udoji travelled to the United the most important assets in our nation’s stra- States to complete his residency at V.A. Hos- PERSONAL EXPLANATION tegic arsenal. pital and Downstate Medical Center and at Long Island Jewish Medical Center & Queens On September 1, 2002, Ralph assumed HON. PHIL GINGREY Hospital. leadership of EADS North America, one of the OF GEORGIA Following his residency, Dr. Udoji worked as world’s largest aerospace and defense compa- IN THE HOUSE OF REPRESENTATIVES an internist at V.A. Medical Center in Brooklyn nies. As chairman and chief executive officer, Friday, June 12, 2009 from 1978 to 1986. From 1988 to 1992, Dr. he has been directly responsible for the com- Udoji provided medical services to senior citi- pany’s activities—and substantial growth—in Mr. GINGREY of Georgia. Mr. Speaker, on zens at the Senior Citizen Center on Bergen the United States over the last seven years. rollcall #335 on the final passage of H.R. Street in Brooklyn. Dr. Udoji has been pro- 1234, I am not recorded. Had I been present, He established a significant aerospace pres- I would have voted ‘‘nay.’’ viding medical services to the homeless popu- ence in neighboring Mississippi where EADS f lation in Brooklyn since 1989 at the Salvation North America produces the Light Utility Heli- Army under the auspices of Catholic Charities. copter for the U.S. Army. All have been deliv- HIGH POTENCY MARIJUANA SEN- Dr. Udoji has over forty years of experience ered on schedule and under budget. EADS TENCING ENHANCEMENT ACT OF and continues to work in the Brooklyn area. has become a major employer across the 2009 Dr. Udoji is married to Obiageli with whom United States supporting more than 190,000 he has five grown children and two grand- jobs in 17 states and contributing over $9 bil- children. His hobbies include gardening and HON. MARK STEVEN KIRK lion to the U.S. economy annually. photography. OF ILLINOIS Madam Speaker, I urge my colleagues to Alabama—and certainly the city of Mobile— IN THE HOUSE OF REPRESENTATIVES join me in recognizing Dr. Daniel C. Udoji. has developed a close relationship with Ralph Friday, June 12, 2009 f and EADS over the past several years. Under Mr. KIRK. Madam Speaker, popular culture Ralph’s leadership, EADS selected Brookley CONGRATULATING RALPH CROSBY often romanticizes casual marijuana use, and Air Field in Mobile as the home for its U.S. those who warn that marijuana is a ‘‘gateway FOR BEING NAMED BOSS OF THE production facility for the next-generation aer- YEAR drug’’ that can lead to use of other, harder ial refueling tanker. EADS also partnered with drugs are ridiculed as being out of the main- HON. JO BONNER Northrop Grumman to launch a joint bid to stream. The reality is that marijuana today is provide America’s warfighters with the very vastly different than the marijuana that was OF ALABAMA best equipment, technology, and training to do prevalent in the ’60s. According to the Na- IN THE HOUSE OF REPRESENTATIVES their jobs and complete their missions. tional Drug Intelligence Center, the average Friday, June 12, 2009 In recognition of his impressive career and THC content of seized marijuana was less Mr. BONNER. Madam Speaker, it is with many accomplishments, Ralph was Aviation than 4 percent in the early 1990s. By 2007 great pride and pleasure that I rise today to Week and Space Technology magazine’s run- that level rose to nearly 10 percent. honor Ralph Crosby for being named ‘‘Boss of ner-up for Person of the Year last year. Local police in my district are now reporting a new threat from ‘‘Kush,’’ street slang for a the Year’’ for 2009 by the Top-Side Aviation Madam Speaker, I would like to offer my strain of highly potent marijuana with a THC Club. The ‘‘Boss of the Year’’ is one of the personal congratulations to Ralph Crosby for content of at least 20 percent. The rise of club’s most prestigious honors, and Ralph is being named the Boss of the Year for 2009 Kush mirrors the increasing trend of high-THC most deserving of this award in recognition of and, in so doing, recognize him for his many marijuana, which has become more accessible his tireless efforts on behalf of EADS North outstanding accomplishments. America. He is one of those rare, one-in-a-mil- with the rise of hydroponics. Drug growers are lion type of individuals whom, I am fortunate to I ask my colleagues to join me in congratu- able to strictly control light, temperature and know and call my friend. lating a dedicated professional and friend. I humidity and can cross-breed to maximize Throughout his entire life, Ralph’s work know his family—his wife, Mary Grace; their THC content. According to the Drug Enforce- ethic, his love of family, country, and God children, Ralph and Laura Grace; and their ment Administration, Kush has been known to have all contributed to his success and to re- beautiful grandchildren—as well as his many sell for as high as $600 per ounce—creating ceiving this prestigious award. friends and colleagues join me in praising his the same profit potential as crack cocaine. A native of Greenville, South Carolina, accomplishments and extending thanks for his Today I am introducing legislation to bring Ralph was appointed to West Point by Sen- many efforts over the years. federal penalties for trafficking high-potency

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15032 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 12, 2009 marijuana in line with penalties for cocaine, passing in 2001. At that time, Ellen accepted Rocky Run Middle School. He excels in heroin, and hashish, all of which have similar the torch of leadership passed to her by Jim, science, math and technology and would like retail prices on the street. The gangs and car- and she continues to carry on his legacy of to attend the Massachusetts Institute of Tech- tels trafficking Kush are the same trafficking excellence in journalism, and his commitment nology. Anthony plans a dual career of game cocaine and heroin, and the profits they real- to the Greater Cleveland Community. designer and neurosurgeon where he can uti- ize represent an equal danger to the public. In Ellen’s spirit of volunteerism and focus on lize many of his impressive abilities. Anthony’s my view, the penalties for trafficking this dan- the betterment of the community is evident scholastic abilities were highlighted when he gerous drug should also be equalized. throughout Southeast Cleveland and its sub- captained his Odyssey of the Mind teams for f urbs. Her kind and humble nature draws peo- the creative problem solving competitions. He ple to her, and she has garnered the admira- also enjoys travel soccer as well as the violin. HONORING SANDY REMPE tion and respect of everyone she knows. She Anthony has set many short- and long-term is a longtime member of the Garfield Heights goals for himself ranging from continuing his HON. SAM GRAVES Historical Society and serves as a board involvement in the Scouts where he hopes to OF MISSOURI member for Cleveland Central Catholic High be selected to attend the 2010 National Jam- IN THE HOUSE OF REPRESENTATIVES School. She is currently serving her second boree and the 2012 World Jamboree to a career in the medical and technological fields. Friday, June 12, 2009 term as President of the Kiwanis of Southeast Cleveland. As a member and leader in Madam Speaker, I ask my colleagues to join Mr. GRAVES. Madam Speaker, I proudly Kiwanis, Ellen has been instrumental in lead- me in congratulating Anthony on being one of rise today to recognize Sandy Rempe of the ing several fundraising efforts aimed at local the youngest Eagle Scouts in scouting history Missouri Department of Public Safety. Her di- student scholarship awards, and recently, a and in wishing him the very best in what rection of the Juvenile Justice Program and fundraiser and recognition dinner honoring Dr. promises to be a very bright future. I would the dedication and compassion she has for to- Javier Lopez which raised greatly-needed also like to ask my colleagues to join me in day’s youth is to be commended. Due to her funds for his medical missions to Central expressing our thanks to Anthony’s family, exemplary leadership, she has earned the America. Ellen has always reached out with a friends and troop leaders for the support that prestigious Tony Gobar Award, an honor that generous heart wherever and whenever need- they have given Anthony which has allowed recognizes excellence in the field of juvenile ed. Her efforts in volunteerism also include her and encouraged his development as a fine justice. tireless dedication in her efforts to save St. Mi- young citizen. Ms. Rempe has worked as the manager of chael’s hospital. f the Department of Public Safety’s Juvenile Madam Speaker and colleagues, please join BIPARTISAN CONGRESSIONAL DEL- Justice Program for twelve years. Under her me in honor and recognition of Ellen Psenicka, EGATION TO NATO PARLIAMEN- leadership, the program distributes federal as she celebrates her 40th Anniversary with TARY ASSEMBLY MEETINGS grants that provide funding to sixty state and the Neighborhood News. The Neighborhood local agencies in Missouri to help support ju- News is read by tens of thousands of people venile justice and delinquency prevention ini- HON. JOHN S. TANNER weekly, and continues to inform and unite us OF TENNESSEE tiatives. Additionally, grant funds are utilized all. Ellen’s commitment to bringing us the IN THE HOUSE OF REPRESENTATIVES for training on juvenile justice, system im- news of the neighborhood and her generosity Friday, June 12, 2009 provements, and intervention programs. Ms. as a community leader and volunteer serves Rempe also serves on many groups, commit- to brighten and strengthen our entire commu- Mr. TANNER. Madam Speaker, during the tees and commissions including the Mental nity. period May 22–31, 2009, I led a bipartisan Health Transformation Leadership Work Group f House delegation to NATO Parliamentary As- and the Drug Court Commission. sembly (NATO PA) meetings in Oslo, Norway Madam Speaker, I proudly ask you to join IN RECOGNITION OF THE ACHIEVE- and to additional bi-lateral meetings in Hel- me in commending Sandy Rempe for this MENTS OF ANTHONY sinki, Finland and Stockholm, Sweden. The prestigious accomplishment with the Missouri APPLEWHITE co-chair of the NATO PA delegation is the Department of Public Safety and for her tire- Hon. JOHN SHIMKUS. The delegation also in- less efforts in helping Missouri’s youth. HON. GERALD E. CONNOLLY cluded Representatives JO ANN EMERSON, f OF VIRGINIA DENNIS MOORE, JOHN BOOZMAN, MIKE ROSS, IN THE HOUSE OF REPRESENTATIVES DAVID SCOTT, KENDRICK MEEK, JEFF MILLER, IN HONOR OF ELLEN PSENICKA BEN CHANDLER, MIKE TURNER and staff. The Friday, June 12, 2009 NATO PA delegation had a highly successful HON. DENNIS J. KUCINICH Mr. CONNOLLY of Virginia. Madam Speak- trip in which a wide range of political, eco- OF OHIO er, I rise today to congratulate Anthony nomic and security issues on NATO’s agenda, IN THE HOUSE OF REPRESENTATIVES Applewhite of Boy Scout Troop 1577 on being as well as issues involving the U.S.–Finland promoted to the rank of Eagle Scout. Fewer and U.S.–Sweden bi-lateral relationships, were Friday, June 12, 2009 than 2% of all scouts have mastered the skills examined. Accompanying the delegation on Mr. KUCINICH. Madam Speaker, I rise necessary to achieve this honor. Anthony’s the visits to Finland and Sweden was Mr. today in honor and recognition of Ellen achievement of this rank is even more extraor- David Hobbs, Secretary General of the NATO Psenicka, whose forty-year tenure as reporter, dinary because, at the age of just 13, he is Parliamentary Assembly, who provided invalu- editor and publisher of the award-winning one of the youngest Eagle Scouts ever in the able assistance with respect to Finland and Neighborhood News, continues to enlighten, 100 year history of Boy Scouts of America. Sweden’s participation in the NATO PA and entertain and unite Cleveland’s southeast For his Eagle Scout Service Project, An- issues related to their cooperation with NATO community every Wednesday, highlighting cur- thony designed, planned and managed the in numerous Alliance operations. rent events along our city streets—from the construction of a picnic area at The Kings The NATO Parliamentary Assembly consists neighborhoods of Slavic Village, to the streets Chapel in Clifton, Va. This picnic area was of parliamentarians from all 28 NATO member of Garfield Heights, to the steps of Cleveland completed efficiently and now is enjoyed by states. The NATO PA provides a unique forum City Hall. community members as well as the children for elected officials to analyze and debate Ellen grew up in Sandusky, Ohio and went who attend the The Kings Chapel pre-school. issues that the NATO leadership discusses in on to attend Ohio University, where she This is just a recent example of Anthony’s Brussels. In addition to the 28 member par- earned a Bachelor’s degree in Journalism. scouting achievements. Anthony also was rec- liaments, parliamentarians from countries such Shortly following graduation, in June, 1969, ognized for his leadership and service in his as Russia, Georgia, Afghanistan, and others Ellen was hired as a reporter by Jim Psenicka, Boy Scout Troop with membership in the also participate in the sessions as associate publisher of the Neighborhood News. A few Order of the Arrow, the National Honor Soci- states or observers. Through these sessions, years later, Jim and Ellen were married, and ety of Scouting. delegates have the opportunity to learn first- they worked in dedication to each other, to the In addition to his success within the Boy hand the views and concerns that other coun- newspaper and to the community until Jim’s Scouts, Anthony is an Honor Roll Student at tries have over the key security issues of the

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15033 day. An invaluable aspect of the meetings is John Heffern who represented the United malia and the growing use of Somalia as a the chance to meet and come to know mem- States at the joint NATO PA/North Atlantic base for pirate activity. A report on the current bers of parliaments who play important roles Council (NAC) session at the conclusion of the political situation in Moldova was also pre- in their own countries in shaping the security plenary. Another highlight was a private meet- sented. agenda that their governments pursue at ing our delegation held with NATO Secretary The Defense and Security Committee heard NATO. These contacts can endure through a General Jaap de Hoop Scheffer who was at- two reports on NATO’s ongoing operations in career, and can provide an invaluable private tending his last NATO Parliamentary Assem- Afghanistan, including a report by NATO’s avenue for insights into each ally’s particular bly session as Secretary General. He gave an senior civilian representative in Afghanistan, views on an issue. overview of the most critical challenges con- Ambassador Fernando Gentilini. The Com- In early April, NATO celebrated its 60th an- fronting the alliance and thanked the U.S. del- mittee also received a report on the need for niversary at a summit in Strasbourg, France egation for its continued support for NATO. NATO to reinforce its mission of territorial de- and Kehl, Germany. The key issues on the Later he addressed the NATO PA’s plenary fense. Our colleague JOHN SHIMKUS countered agenda of the Alliance included the broader session. The Foreign Minister of Norway, Jens the idea that Afghanistan was becoming an issue of the future of NATO and more specific Stoltenberg also addressed the plenary and ‘‘American’’ war by pointing out that the United issues including relations with Russia, energy spoke about the continued importance of the States’ new Afghanistan/Pakistan strategy, security, missile defense, the conflict in Af- Alliance and the need for a clear direction for which does include additional U.S. military ghanistan, and emerging challenges such as NATO’s future. The Assembly also received a forces, was developed in part with European piracy and cyber security. Each of these mixed report on current conditions in Afghani- input. issues was also on the NATO PA agenda in stan from Mr. Kai Eide, the head of the United The Economics and Security Committee de- Oslo and many were vigorously debated by Nations Assistance Mission in Afghanistan. bated three reports, including one on food the parliamentarians. Relations with Russia Mr. Eide stressed the need for a sustained prices and their implications for security and and the new strategy towards Afghanistan and commitment of assistance from the inter- another on energy production in Central Asia Pakistan were two of the issues that domi- national community. We also heard comments and its potential contribution to transatlantic nated the session. Many members of the Alli- from the Speakers of the Albanian and Cro- energy security. The Committee also had a ance questioned whether Russia has begun to atian Parliaments on their nation’s status as long discussion on a third report that ad- implement an increasingly assertive security the newest members of the Alliance. dressed the global financial crisis and its im- policy including efforts to intimidate neigh- Over two days of the NATO PA session, in- pact on member nations. In that discussion, a boring states, through the threat of force. tense meetings of the Assembly’s committees number of members suggested that it would There was also concern expressed that Rus- took place. There are five NATO PA commit- be useful to explore how the financial crisis sia would continue to use its energy supplies tees. In each, parliamentarians presented re- was impinging on national defense budgets in as a political lever to influence European pol- ports on issues before the Alliance. The re- allied countries. The Committee also heard icy. It was clear from our meetings that not ports were debated by all members of the presentations on the security aspects of food- only the United States and NATO, but the Eu- committee who often made counter-arguments related crises, global energy market trends, ropean Union as well, are concerned about or suggestions for amending a report. Mem- and managing defense budgets in times of Moscow’s posture on a variety of issues. And, bers of the U.S. delegation were present and global recession. while there were differences of opinion over active in each committee meeting. Finally, the Science and Technology Com- how to structure future relations between The Political Committee heard two very in- mittee heard three reports, including one par- NATO and Russia and the NATO PA and the teresting presentations. One on the future rel- ticularly interesting report on climate change Russian delegates to the Assembly, most felt evancy of NATO by Jonas Gahr Store, Min- and its relationship to national security. An- that dialogue between NATO, the NATO PA, ister of Foreign Affairs of Norway. A second other addressed the current efforts being used and Russia was important and should con- presentation on Iran generated some inter- to combat the spread of weapons of mass de- tinue. Many delegates welcomed the U.S. esting questions and debate. The Committee struction. A third report provided a look at the commitment to a new, constructive relation- received presentations on three reports, one resurgence of nuclear power as a source of ship with Moscow and expressed hope that from our colleague, MIKE ROSS who was a clean energy. through those promising relations, Russia’s at- rapporteur for a report on possible trans- On Tuesday, the final day of the plenary, titude toward NATO could become more posi- atlantic cooperation on Pakistan. Mr. ROSS’s the general assembly had the extraordinary tive. On Afghanistan, there was continued presentation was well received by the Com- opportunity to hear a presentation from the support for the ISAF mission among the allies mittee. Other reports debated included ‘‘Reset- NATO Secretary General in his last address to and a willingness to provide the additional ci- ting Relations with Russia’’ that featured sev- the Assembly and to participate in a formal vilian and financial support necessary for the eral interesting comments from the Russian meeting with the North Atlantic Council (NAC) reconstruction effort there. However, we did delegates, and ‘‘NATO’s relationship with in which the Ambassadors to NATO of all 28 detect an undercurrent of concern among Georgia’’ that included a discussion on the re- Alliance members answered questions from some allies that through the commitment of cent Russia-Georgia conflict. There were still the delegates. 21,000 additional U.S. troops to Afghanistan differences of opinion on who actually was re- Madam Speaker, as you know, the NATO and the replacement of U.S./ISAF Com- sponsible for starting the war in Georgia and PA Plenary session also happened to be held mander, General McKiernan, the process of how to deal with Georgia’s aspirations for over our own Memorial Day. For the members the ‘‘Americanization’’ of the war was under- eventual membership in NATO. of the U.S. delegation, the highlight of our visit way and that NATO could be pushed aside by The Committee on the Civil Dimension of to Oslo was the opportunity to honor the men the United States. Our delegation was clear Security is currently chaired by our colleague, and women of our armed forces who made that this is not the case and that NATO’s role JO ANN EMERSON. The Committee heard three the ultimate sacrifice on behalf of their coun- in Afghanistan continues to be a critical one interesting presentations. One covered civil- try. As it happened, a U.S. Navy warship was that needs to be carried out in an effective military relations in Afghanistan and another able to make a port call in Oslo that served as and efficient manner. attempted to discuss how NATO could best the venue for a Memorial Day observance. For Before the opening sessions of the Assem- communicate the importance of the Alliance that, I wish to thank Admiral Charles Leidig, bly’s plenary the U.S. delegation received a and its missions to the general populations of Commander Ed Recavarren, Assistant U.S. detailed briefing from the new U.S. Ambas- the alliance members. There was also a very Naval Attache in Oslo, the ship’s Captain, Mi- sador to NATO, Ivo Daalder, who had been in interesting presentation on the food-security chael Feyedelem and the entire ship’s crew his new role for four days. He prepared us for nexus by Josette Sheeran, Executive Director for welcoming us aboard for the memorial the nuances involved in some of the issues of the United Nations World Food Program. service. I also wish to thank U.S. Ambassador that would be debated during the NATO PA The Committee then debated a report on the to Norway, Benson Whitney, for hosting the sessions, particularly regarding Russia and growing threat of piracy to regional and global reception for our delegation, the ship’s crew, NATO’s on-going role in Afghanistan. In addi- security. Our colleague, DAVID SCOTT, who the Mayor of Oslo, and other dignitaries to tion to the briefing by Ambassador Daalder, had recently visited Somalia, offered several share this special moment with us. The mem- we also had the opportunity to meet with the comments on the relationship between the un- bers of our delegation were also able to visit new Deputy Chief of Mission to NATO, Mr. stable political and economic situation in So- with sailors and marines whose stateside

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Our diplomatic corps and mili- participation of the delegates from all 28 mem- tor at the Ministry of Defense. Again, a wide tary personnel provide a quiet but invaluable bers nations and our associate and observer range of issues including Russia, NATO, and service in ensuring our safety and this group members. For Members of the House or Sen- the economy were discussed. of diplomats, servicemen and women was no ate interested in reading the Committee re- On May 28, our delegation traveled to exception. I thank them for their hard work ports or presentations mentioned in this state- Stockholm, Sweden for bi-lateral meetings. and their dedication to duty. ment, they are all available on the NPA web The visit to Sweden was also important as the f site at www.nato-pa.int. I also want to take this Swedes will take over the rotating presidency opportunity to again thank U.S. Ambassador of the European Union on July 1, 2009. We HONORING SISTER FRANCINE Whitney, our control officer, Auden McKernan, were met by U.S. Charge, Robert Silverman LAGOCKI, PRINCIPAL OF SAINT and all of the fine men and women of our em- and control officer, Jonas Wechsler who RICHARD SCHOOL bassy in Oslo for the wonderful job they did briefed the delegation on relations between assisting the delegation. Sweden and the United States. That evening HON. DANIEL LIPINSKI Following the NATO PA plenary, the U.S. we were warmly welcomed at a reception at OF ILLINOIS delegation traveled to Bergen, Norway. Nor- the Ambassador’s residence that included IN THE HOUSE OF REPRESENTATIVES way was celebrating the 100th anniversary of guests from the government of Sweden, the the Norwegian submarine fleet and a U.S. Parliament, and others. Lively discussions fol- Friday, June 12, 2009 submarine had visited Bergen as part of that lowed on the new U.S. administration and its Mr. LIPINSKI. Madam Speaker, I rise today celebration. The U.S. delegation was given a views on transatlantic relations, the differences to honor Sister Francine Lagocki, Principal of tour of the submarine and an informal briefing between the European and U.S. views of the Saint Richard School in recognition of her ca- on the cooperation between the Norwegian world, the future role of NATO, relations with reer of devoted service. Sister Lagocki’s retire- and U.S. navies. The delegation would like to Russia, and the conflicts in Iraq and Afghani- ment at the end of the 2009 school year will thank Commander Ed Recavarren, Scott stan. mark the end of nearly seven decades of self- Sommers, our Bergen control officer and U.S. The next day, the delegation met with Sten less service to our nation’s youth. Today, I ask Defense Attache in Oslo, Captain Russell Tolgfors, the Minister of Defense for Sweden. my colleagues to join me in honoring Sister Smith, for their assistance in making this visit The Minister briefed us on Sweden’s global Lagocki’s outstanding commitment to edu- a successful one. outlook, their participation with NATO in the cational excellence. Sister Lagocki embodies After departing Norway, the delegation flew Balkans and Afghanistan (they have 290 the positive influence that teachers and school to Helsinki, Finland for bi-lateral meetings with troops and lead a PRT in the north), Russia, administrators can be on students every day government and parliamentary representa- and the reforms they have instituted within the across this great country. tives. On Wednesday, after a country team defense establishment, including the decision In Sister Lagocki’s accomplished career as briefing given by our Charge in Helsinki, Thad- to pursue an all-volunteer professional military an educator, she served as a classroom deus Plosser, our Control Officer, Scott Bran- (they, like the Finns, have a conscript military). teacher in three parish schools before becom- don and other staff, we were hosted for a Sweden, like Finland, does entertain the pos- ing assistant principal at Good Council High roundtable discussion by the Chairmen of the sibility of future NATO membership but the School. Sister Lagocki then served as prin- Committees of Foreign Affairs and Defense. Minister told the delegation that currently the cipal of St. Mary School and St. Roman Other committee members participated, includ- parliament is split on the idea and so it is not School in Milwaukee, Wisconsin, before re- ing Johannes Koskinen, the Deputy Speaker on the government’s current agenda. The del- turning to Illinois to serve as Principal for St. of the Finnish Parliament and head of Fin- egation then proceeded to a working lunch Wenceslas in Chicago, and then finally St. land’s delegation to the NATO Parliamentary hosted by Ms. Karin Enstrom, head of the Richard School on the Southwest Side. Assembly. The discussions covered a number Swedish delegation to the NATO Parliamen- St. Richard School is a Catholic school that of issues including Finland’s carefully man- tary Assembly and attended by other parlia- serves the parish community and is both an aged relationship with Russia. Finland and mentarians. The discussion was lively and expression of and a witness to the faith of its Russia share an 800 mile border, fought two covered the entire spectrum of U.S.-Swedish people. Believing that a child’s development wars, and experience close to 8 million border relations. Following lunch, the delegation met best occurs within the framework of a positive crossings each year. Russia is Finland’s larg- with State Secretary Frank Belfrage from the and structured environment, St. Richard est trading partner and primary energy sup- Ministry of Foreign Affairs. Discussions cen- School offers innovative and high quality edu- plier, including 100% of Finland’s natural gas tered on Russia, Afghanistan, and Sweden’s cational programs. The aim of these programs supplies. The Finns seem surprisingly at ease upcoming presidency of the European Union. is to challenge each student while teaching with their ‘‘complex and unpredictable’’ neigh- One of Sweden’s priorities will be climate basic skills, within a Christian atmosphere bor and do not see a ‘‘Georgia-type’’ threat change and preparing the EU’s positions for where mutual respect, order, and values are from Russia. the Copenhagen Conference on climate high priorities. The Finns pursue their security interests change that will be held in December. The It is my honor to recognize Sister Francine through the EU, Nordic defense cooperation Secretary expressed his hope that the United Lagocki, who served as an example of one of with Sweden, Norway, and Denmark, and States and EU will work closely together on the best in K–8 school leadership and helped through close cooperation with NATO. While this issue and to help forge a consensus on foster a greater understanding of the prin- there is growing support among some in the the follow-on efforts to the Kyoto Climate cipal’s key role in meeting the challenging re- government for possible future NATO mem- agreement. sponsibility of educating children. bership, the majority of the general public is Madam Speaker, the NATO Parliamentary f not yet in favor of such a decision. Finland Assembly provides a unique opportunity for has been active in Afghanistan (currently 100 Members of Congress to engage in serious EARMARK DECLARATION troops, soon to reach 200), and participates in discussions on critical issues with our col- the Swedish-led Provincial Reconstruction leagues from other NATO member states, as- HON. STEVE SCALISE Team (PRT) in northern Afghanistan. Other sociate and observer states. I believe our del- OF LOUISIANA issues discussed included the current global egation, and thus this Congress, benefits IN THE HOUSE OF REPRESENTATIVES economic and financial crisis which has hit greatly from the information we exchange and Friday, June 12, 2009 Finland, climate change, and cooperation on the personalities we meet during these meet- issues involving the ‘‘high north’’ and the arc- ings. I look forward to our next NATO PA ses- Mr. SCALISE. Madam Speaker, pursuant to tic. sion in November in Edinburgh, Scotland. the Republican Leadership standards on Con- Our delegation also held policy discussions In conclusion, I would like to again acknowl- gressionally-directed project funding, I am sub- with representatives of the government, includ- edge the hard work and dedication of our Em- mitting the following information regarding

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SCALISE and inequality, and none of us can afford to Between 1998 and 2007, job growth in the Bill Number: Fiscal Year 2010 Commerce, take this lightly. clean-energy economy outperformed total job Justice and Science Appropriations Bill The health of our community and our neigh- growth in 38 states and the District of Colum- Account: Department of Justice, COPS Law bors affects all of us. bia, and we are just beginning to tap into our Enforcement Technology Let me take a moment to reflect upon the nation’s clean energy potential. Legal Name of Requesting Entity: Wash- urgent need to finally put a price on carbon Passing comprehensive clean energy and ington Parish Sherriff’s Office emissions and make polluters pay for the pol- climate legislation, especially one which in- Address of Requesting Entity: 1002 Main lution they produce. cludes a robust Renewable Energy Standard, Street, Franklinton, Louisiana 70438 As a member of the Congressional Progres- is essential to delivering cleaner energy and Description of Request: I have secured sive Caucus, I look forward to working with my good-paying jobs to communities across the $291,000 for the Washington Parish Sheriff’s colleagues here in Congress to pass respon- nation. Office. The funding will provide law enforce- sible and comprehensive climate legislation A strong Renewable Energy Standard will ment equipment, and provide proactive and that will establish a price for carbon emissions spur innovation and the expansion of eco- reactive law enforcement activities for the and spur the development of clean, renewable nomic opportunities surrounding the green safety of citizens and law enforcement officials energy and the deployment of much-needed movement. engaged in law enforcement activities. I certify energy efficient technologies. The current draft of the American Clean En- Legislation which sets us on the path toward that neither I nor my spouse has any financial ergy and Security Act sets America on a path energy independence and a new, low-carbon interest in this project. to meet 20 percent of our electricity demand economy will help to maintain the United Requesting Member: Congressman STEVE through renewable energy sources and energy States position as a leader in innovation while SCALISE efficiency by 2020. at the same time creating hundreds of thou- Bill Number: Fiscal Year 2010 Commerce, This is an important start, but I am also con- sands of good paying green jobs. Justice and Science Appropriations Bill fident we can do more. The biggest misconception out there today Account: Department of Justice, Office of It is the time to think big, not small, and I regarding our environment is that the public Justice Programs—Juvenile Justice urge my colleagues to consider strengthening isn’t engaged, or willing to transition to a sus- Legal Name of Requesting Entity: Boys this standard so that we might take full advan- tainable, environmentally-friendly economy. Town Louisiana tage of the enormous renewable energy po- In reality, the shift to a low-carbon economy tential across this country. Address of Requesting Entity: 700 French- represents an economic opportunity for indi- man Street, New Orleans, LA 70116 This is only one of many important priorities viduals across this country. we must address in order to ensure no com- Description of Request: I have secured One of the most exciting and inclusive solu- $147,000 for Boys Town Louisiana, New Orle- munities are left behind in the transition to a tions to the many issues facing environmental low-carbon economy. ans, LA. The funding would be to expand an health is the possibility afforded to us by pro- integration of the Boys Town Treatment Fam- There is no doubt in my mind that a greener moting Green Jobs Training and the growth of future will lead to a more prosperous future for ily Home program and its Home Family Serv- the Green Economy in America. ices program to serve more at-risk girls and our communities, the Nation, and the world. To that end, I have reintroduced legislation I urge my colleagues to act swiftly to move boys and their families. I certify that neither I entitled the Metro Economies Green Act, or America beyond its dependency on oil, ad- nor my spouse has any financial interest in MEGA, H.R. 330, which establishes grant pro- dress the climate crisis, and help protect this project. grams to encourage energy-efficient economic America’s natural resources for our children’s f development and green job training and cre- future. ation. ENERGY f This legislation would also create a national institute to serve as a clearinghouse for best RECOGNIZING MORGAN ARANDA HON. BARBARA LEE practices information in order to facilitate the OF CALIFORNIA successful expansion of the green jobs move- HON. MIKE QUIGLEY IN THE HOUSE OF REPRESENTATIVES ment on a national scale. OF ILLINOIS Friday, June 12, 2009 As the Representative of California’s 9th IN THE HOUSE OF REPRESENTATIVES Congressional District, I would also like to take Friday, June 12, 2009 Ms. LEE of California. Madam Speaker, I a moment to recognize the role that Califor- would first like to thank Rep. ELLISON for hold- nia’s East Bay is playing at the forefront of the Mr. QUIGLEY. Madam Speaker, I rise today ing this special order tonight as Congress Green Jobs and Green Industry movement. in recognition of Morgan Aranda, a student of works to break away from business-as-usual We have a number of innovative initiatives Newberry Academy in Chicago. She has come with regards to our nation’s energy future. in my district in particular, including the East to Washington, D.C. this week to compete in I would also like to thank the Chairs of the Bay Green Corridor Initiative, the Oakland the 2009 National History Day Contest at the Congressional Progressive Caucus, Rep- Green Jobs Corps, the Joint Bio Energy Insti- University of Maryland. resentatives WOOLSEY and GRIJALVA, for your tute, the Lawrence Berkeley National Labora- National History Day was started in 1974 leadership and your tireless efforts to promote tory, and the Energy Biosciences Institute at with the intent of improving the historical lit- proper stewardship of our communities by pro- Berkeley. eracy and research skills of junior high and tecting the environment. I recently visited the site of the Oakland high school aged children. Despite its name, It is so important that we continue to call for Green Jobs Corps with Special Advisor to National History Day has a variety of pro- action on these issues surrounding global President Obama on Energy and Climate grams year-round, including its week-long na- warming and the continued degradation of our Change, Carol Browner, in order to show her tional contest in which Morgan is a chosen environment that is perpetuated by our de- a truly groundbreaking example of green-collar participant. With the guidance and support of pendence on fossil fuels. workforce development already up and run- countless parents, teachers and friends, As I have said time and time again—there ning in Oakland, CA. 500,000 students are able to participate in Na- is no denying the interconnection between our The Oakland Green Job Corps is a partner- tional History Day events annually. As Morgan stewardship of the environment and the state ship of community organizations, trade unions, and her fellow young historians would likely of the economy, public health, and our com- private companies, and the City of Oakland. It agree, the National History Day’s motto, ‘‘it’s munities. provides Oakland residents with the necessary not just a day, it’s an experience,’’ rings true. The drastic acceleration of greenhouse gas training, support, and work experience to inde- Morgan has been selected to represent Illi- emissions has often been concentrated in low- pendently pursue careers in the new energy nois for her junior individual performance enti- income and minority communities, putting economy. tled ‘‘Alexander Polikoff and the Fight for Fair

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15036 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 12, 2009 Housing.’’ Her work is the culmination of many tor of Region One is an example to all who was always willing to give her a hand with her hours of research and multiple public perform- enter government service. His wife, Loretta, car, and moving whatever she needed, he ances. Morgan’s dedication, discipline and tal- their two sons, four grandchildren, and great- was always there to help her. ent are undeniable. grandson have reason to be very proud. On behalf of my brother I would like to I’m honored to recognize Morgan and her Madam Speaker, in closing, I would like to share a message from him to his children, achievements as a young historian. What she call the remarkable service of Fred Corum to Toby, Nick, and Liz. ‘‘Even though we were has accomplished already in her life are the the attention of my colleagues and other read- separated, in my heart I never stopped loving beginnings of a bright and successful future ers of the RECORD, and wish Fred a very and caring for you.’’ To all his children, he and I wish her the best of luck at the competi- happy retirement. loved you all very much. tion and onward. f I would also like to share a few memories f from his wife and several of his children. PERSONAL EXPLANATION The thing I remember most is when we HONORING FRED CORUM went to Las Vegas to get married and the HON. BLAINE LUETKEMEYER judge said, ‘‘Do you take this man Ladislao HON. JOHN J. DUNCAN, JR. OF MISSOURI Baca as your husband?’’ and I said, ‘‘What?’’ OF TENNESSEE because I only knew him as Tanny. Later we IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES all laughed about it because we thought it Friday, June 12, 2009 was funny and the judge thought that she Friday, June 12, 2009 wants to marry this man and she does not Mr. LUETKEMEYER. Madam Speaker, I Mr. DUNCAN. Madam Speaker, I rise today even know his name. Edwina Baca, Wife. would like to state for the record my position to honor a gentleman who has left an impact Dad no matter what, you were always on the following vote I missed due to being on every county in Congressional District and there for us, through good and bad times, we delayed at a committee hearing. always will respect and love you, and you touched the lives of everyone in East Ten- On Thursday, June 11, 2009, I missed roll- will be in our hearts forever. Liz Pullen, nessee, whether they may know it or not. Toby and Nick Connolly, Daughter and Sons. Fred Corum exemplifies the concept of gov- call vote No. 332. Had I been present, I would have voted ‘‘aye’’ on rollcall vote No. 332. My dad was a caring and loving man. He ernment and community service. As the Direc- never let anyone be without what they need- tor of the Tennessee Department of Transpor- f ed and his garage was always open for any- tation’s Region One, Fred has devoted a long TRIBUTE TO THE LIFE OF one. He and his friends would sit out there for hours talking. He will surely be missed. career to the safety and quality-of-life of east LADISLAO ‘‘TANNY’’ BACA Tennesseans. Angel Baca, Daughter. Fred is celebrating his much earned retire- Dad, you are the best and you will always HON. JOE BACA be in my heart. You were always there for ment today with a gift back to the people he me. You touched many lives. I will always OF CALIFORNIA served: the completion of SmartFix40. This remember when you were by my side when I project is the most expensive in state history, IN THE HOUSE OF REPRESENTATIVES really needed you. Eloisa Madero, Daughter. reconfiguring Interstate 40 as it crosses Friday, June 12, 2009 Memories I have of my dad growing up are through downtown Knoxville. SmartFix40 is going to work with him everyday as a child not a venture he took lightly. Mr. BACA. Madam Speaker, I rise today to and riding the trains with him. Another good This massive project required the closure of ask Congress to pay special tribute to the life memory was all the bar-be-que we had and Interstate 40—a main east to west coast cor- of a loving husband and grandfather, my how he always had enough food to feed all ridor—for fourteen months. The night before brother, Ladislao ‘‘Tanny’’ Baca, of Barstow, the family and the whole neighborhood and CA. Tanny passed away June 6, 2009, at the still had plenty of leftovers. Lisa Baca, the closure, Fred says he could not sleep, and Daughter. there were plenty more sleepless nights to age of 69 after complications with a brave lifelong battle with diabetes. The things I remember most about my dad come. We can only hope that all government is when he took me hunting and he lost me servants devote such care and commitment to Born in Las Nuetras, New Mexico January and he did not want me to tell my mom be- their work. 8, 1940, Tanny made an impressionable im- cause then I would never be able to go with Every project Fred has overseen is a true pact on all he came in contact with. Tanny Dad again. I also remember the time I dug a testament to his character, and there was no was widely admired by family, friends and col- hole on the side of the house and filled it one more qualified than him to lead the leagues. He was hard-working, dedicated, with water and was playing in the mud. Oh SmartFix40 project. Fred has been on the job committed, disciplined, loving, supporting. man, did I ever get in trouble. Tim Baca, Son. with the Tennessee Department of Transpor- Even though his bark was worse than his bite, he was a kind and loving brother, husband, fa- I remember most about my dad is when my tation since 1954, a career that has spanned mom went out of town and dad tried to cook 53 years and 10 Governors. ther and grandfather. us spaghetti and he just threw everything in As an entry-level worker in 1954, Fred For 16 years he worked as a Switch Man a pot all together and said it was just like planted stakes in the ground to mark the route and Local Engineer for the Santa Fe Railroad our mom’s and it tasted nothing like how of future roads for $150 a month. Eventually, in Barstow, CA. He worked and retired after mom made it. Penny Gray, Daughter. he was promoted to maintenance supervisor 19 years as a Local Engineer at the Marine He will be remembered by his grandchildren for a large portion of my Congressional Dis- Base in Yermo, CA. Tanny also honorably as someone who was always able to bring a trict, back in a time when there was a lot more served 16 years with the National Guard. smile to their face and share a lot of love and snow to deal with. As his career spanned the He is remembered by most as a generous time with them. 1980s, Fred witnessed the advent of the age man who always had time to share with oth- He was an active outdoorsman who enjoyed of conservation, navigating water pollution ers. His giving spirit will be missed by his fishing and hunting various game; including issues, wildlife preservation, and erosion. community. He loved his brothers and sisters deer, antelope, and bear. When he wasn’t en- Governor Lamar Alexander appointed Fred especially Florenio, Morris, Raymond, Lupe joying the great outdoors he could be found the Director of Region One in 1985, and al- and Theresa. He enjoyed spending time loving enjoying Spanish music and dining at his fa- though he thought his job would be up at the us all. He was everything you would want in vorite restaurant, ‘‘Del Taco’’. end of the Governor’s term, he was kept in the a brother, son, husband, and grandfather. He also loved to get his family together position through three more administrations. Tanny enjoyed spending time in his garage. through his cooking. Barbequing was his way Today, decades after he drove his first He and his brothers, Florenio and Morris of having family reunions to enjoy barbequed stake into the ground, Fred is on hand for the would love to hang out and just enjoy their cow and pig. He enjoyed bringing us together; reopening of Interstate 40 and the completion time there. Tanny also spent time in his ga- he was always about family. of SmartFix40. He goes out at the top of his rage helping teenagers, seniors and others Tanny was a devoted Catholic and attended game, leaving for all East Tennesseans a with limited resources work on their cars. He St. Joseph’s Catholic Church in Barstow with reconfigured, aesthetically pleasing, and mod- was less worried about being paid and always his wife Edwina. ern stretch of highway. happy to help those in need. He was that kind From Las Nuetras, New Mexico to Barstow, Fred’s ascent through the ranks of the Ten- of man. Even though he was Lupe Napier’s lit- California, Tanny’s life was dedicated to fam- nessee Department of Transportation to Direc- tle brother, he would help take care of her. He ily, friends, and his community. His memory

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15037 lives on in our thoughts and prayers. We say Mr. Mack began his work with the Team- public servants—in stature, perhaps, but cer- ‘‘goodbye. God bless you, we love you, and sters in 1962, loading and driving trucks in tainly not in heart—the Boy Scouts of Amer- we will miss you’’. Oakland, California. Just a few years later, he ica. For a century, these young boys and their Tanny is survived by his wife, Edwina Baca; was elected business agent of Teamsters counselors have been on the front lines, safe- his children, Angel Baca, Eloisa Madero, Local 70 and was re-elected with the largest guarding and protecting America and her val- Penny Gray, Tim Baca, Lisa Baca, Nick Con- number of votes in the Local’s history. So ues: democracy, tolerance, compassion, and nolly, Toby Connolly, and Liz Pullen; brothers began his 43-year career of dedicated service generosity, just to name a few. Heralded as and sisters, Florenio Baca, Lupe Napier, Mor- as one of the top leaders in the international the largest youth scouting organization, the ris Baca, Raymond Baca, Joe Baca and The- Teamsters Union. Mr. Mack was elected Sec- Boy Scouts has inspired and motivated a resa Perea; his grandchildren and by a large retary-Treasurer of Local 70 in 1972, Presi- cadre of young men to love this country, to extended family who share in the loss. dent of Joint Council 7 in 1982 and, finally, work—tirelessly and humbly—without ingrati- The thoughts and prayers of my wife Bar- Western Region Vice President in 1998—all tude, and to give of themselves to their com- bara and children, Councilman Joe Baca, Jr., positions he held until his retirement this year. munities and to the downtrodden. The organi- Jeremy, Natalie and Jennifer and I are with As the Western Region Vice President, zation has left its mark, a mark that runs a full the family at this time. Chuck was a champion for millions of Amer- century deep into the annals of this country’s f ican workers, even as he maintained a per- history, touching the lives of generations of sonal commitment to local laborers and the boys and of those they have helped. CELEBRATING THE 234TH unions who represent them in my District and Next February 8, the Boy Scouts will cele- ANNIVERSARY OF THE U.S. ARMY in California. Following his retirement, he will brate its centennial anniversary, honoring its continue his commitment to the Teamsters, inception in February of 1910 by a Chicago HON. GERALD E. CONNOLLY taking up leadership of the Western Con- publisher, William Boyce. Since that day, 111 OF VIRGINIA ference Teamster Pension Trust. million men have joined the ranks of the IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I have known and worked Scouts, committing to 12 hours of community Friday, June 12, 2009 with Chuck Mack for as long as I have been service every year. America benefits from 30 in public service and I know that he is much Mr. CONNOLLY of Virginia. Madam Speak- million hours every year due to the toil of more than just a union leader. In addition to er, I rise today to call attention to an upcoming these youngsters. That means more hands at his tireless fight for the welfare of workers, anniversary that is significant to our national our airports, and ports, and schools, and hos- Chuck maintained a fierce commitment to en- security and history. This Sunday, June 14th, pitals. It means greater numbers of servers at vironmental and economic justice. An early members of the Active Duty Army, Army Re- a soup kitchen, of planters at a forestation booster of the Los Angeles Clean Trucks Pro- serve, and Army National Guard will celebrate drive, of readers at a local school. It means gram, Mr. Mack led the fight for sustainable the United States Army’s 234th birthday. America is that much stronger, that much The celebrations began this morning with and accountable transportation, keeping our safer, and that much more prosperous be- the annual Department of the Army cake-cut- communities safe and healthy for generations cause of the sacrifice of a dedicated few. They ting ceremony at the Pentagon. There is also to come. have earned our gratitude and deepest re- But no leader, however capable, acts alone. an Army Birthday Ball and events for children, spect. Chuck’s family, including his wonderful wife such as book readings. Celebrations like this The adult volunteers who these kids look up Marlene, his four daughters—Tammy, Kelly, will take place at garrisons and communities to deserve unique and emphatic praise them- Kerry and Shannon, and Chuck’s eight grand- around the world. selves. Youngsters are eager to have role children, who loaned their husband, dad and One of these communities is Virginia’s Fort models—and in some quarters of our country, grandfather to the cause of working men and Belvoir, where the Army is building a National there are not many to choose from. Men and women everywhere, must be recognized as Museum of the United States Army supported women willing to dedicate the time and care to well. Chuck Mack’s life-long dedication to the by the Army Historical Foundation. For too lead these kids at a time of overwhelming health, livelihood and safety of workers around long the United States Army has been our change and insecurity are heroes and hero- our country and across the globe is something only service that does not have a comprehen- ines. They have, no doubt, saved lives, and his family will look back on for generations sive place where its proud heritage can be there can be no greater gift than setting right with pride and admiration. The same can be shared with the American public. The National a life heading wayward. said of his vast extended family, those fortu- Museum of the United States Army will serve May we speak with one voice today in sa- nate enough to be in the Brotherhood—and this purpose. lute to these boys, many of whom are now More than 30 million men and women, in- Sisterhood—of Teamsters. men raising sons and grandsons of their own, cluding many members of Congress, have f and mark February 8, 2010 as the day for recognition of the Boy Scouts. served in the oldest and largest of our armed PERSONAL EXPLANATION forces. Since the founding of the Continental f Army of the United States in 1775, the selfless HON. DEVIN NUNES HONORING THE ACHIEVEMENTS OF service and personal sacrifices of our Soldiers OF CALIFORNIA DR. ESTEBAN FERNANDEZ has been woven into the fabric and culture of IN THE HOUSE OF REPRESENTATIVES this great country. I encourage my colleagues to take June 14th, 2009—the occasion of the Friday, June 12, 2009 HON. ILEANA ROS-LEHTINEN Army’s 234th birthday, to let our Soldiers know Mr. NUNES. Madam Speaker, on the legis- OF FLORIDA that they have our thanks and our appreciation lative day of Thursday June 11, 2009, I was IN THE HOUSE OF REPRESENTATIVES and that a great Army deserves a great Na- unavoidably detained and was unable to cast Friday, June 12, 2009 tional Museum. a vote on a number of rollcall votes. Had I Ms. ROS-LEHTINEN. Madam Speaker, I been present, I would have voted: rollcall f would like to honor one of South Florida’s 334—‘‘yea’’. IN HONOR OF THE LIFE’S WORK most distinguished residents, Dr. Esteban OF CHUCK MACK f Fernandez. Through his extreme devotion to CELEBRATING 100 YEARS OF the field of publishing and his intense belief in HON. JACKIE SPEIER– AMERICAN BOY SCOUTS the Christian faith, Dr. Fernandez has facili- OF CALIFORNIA tated the diffusion of Christian ideas between differing languages and cultures, and dedi- IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL OF NEW YORK cated himself to knowledge. Friday, June 12, 2009 Dr. Fernandez holds a doctorate in Philos- IN THE HOUSE OF REPRESENTATIVES Ms. SPEIER. Madam Speaker, I rise today ophy with an emphasis in leadership and or- in recognition of the outstanding contributions Friday, June 12, 2009 ganization. He also holds a degree of of retiring Teamsters Union Western Region Mr. RANGEL. Madam Speaker, I rise today licentiate in Theology awarded by the Faculty Vice President Chuck Mack. in tribute to our nation’s youngest and littlest of Theological and Religious Studies of Casa

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15038 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 June 12, 2009 Sobre La Roca. In addition, Dr. Fernandez Madam Speaker, John Finn has never seen Two hundred and thirty-four years ago, the has been awarded an honorary Doctorate of himself as a hero, but that’s what he is; as his United States Army was established to defend Sacred Literature from Logos Christian Col- Medal of Honor inscription reads, John Finn our Nation. From the Revolutionary War to our lege and an honorary Doctorate of Christian truly went above and beyond the call of duty. current challenges, Global War on Terror, our Counseling by Rhema University. It was his tenacity and zeal that embodied the soldiers remain Army Strong with a deep com- His tenure at Editorial Vida saw into fruition American resolve that set the tone for the rest mitment to our core values and beliefs. This the Spanish language version of several im- of the war. Men and women like John Finn are 234th birthday commemorates America’s portant Christian texts, the most notable of responsible for the success of our Armed Army—soldiers, families and civilians—who which is La Biblia Nueva Version Forces. To John Finn, we are forever grateful are achieving a level of excellence that is truly Internacional. Dr. Fernandez also organized for your heroism and service. You are truly a Army Strong both here and abroad. Their will- the translation and publication of Rick War- great American hero. ingness to sacrifice to build a better future for ren’s A Purpose Driven Life. f others and to preserve our way of life is with- He was also recognized as one of the ten out a doubt, the strength of our Nation. best executives for his leadership at Editorial PERSONAL EXPLANATION Additionally, in recognition of their commit- Vida in 2007. The great success that Dr. ment to service and willingness to make great Esteban Fernandez has achieved is a result of HON. JAMES A. HIMES sacrifices on behalf of our Nation, the Sec- his passionate devotion to his field and faith OF CONNECTICUT retary of the Army established 2009 as Year and I am truly grateful to call him a friend. IN THE HOUSE OF REPRESENTATIVES of the Non Commissioned Officer, NCO. f Since 1775, the Army has set apart its Friday, June 12, 2009 NCOs from other enlisted Soldiers by distinc- HONORING LIEUTENANT JOHN Mr. HIMES. Madam Speaker, I want to state tive insignia of grade. FINN ON HIS 100TH BIRTHDAY for the record that on June 11, 2009, I was at- With more than 200 years of service, the tending the funeral of my father-in-law who re- U.S. Army’s Noncommissioned Officer Corps HON. DUNCAN HUNTER cently passed away, and I therefore missed has distinguished itself as the world’s most ac- OF CALIFORNIA the six rollcall votes of the day. complished group of military professionals. IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted Historical and daily accounts of life as an NCO Friday, June 12, 2009 ‘‘yea’’ on rollcall vote number 329, on the Mo- are exemplified by acts of courage and a dedi- Mr. HUNTER. Madam Speaker, it is with tion to Instruct Conferees on H.R. 2346, the cation and a willingness to do whatever it great honor I rise today to pay tribute to Supplemental Appropriations Act. takes to complete the mission. NCOs have United States Navy veteran Lieutenant John Had I been present, I would have voted been celebrated for decorated service in mili- Finn on his 100th birthday. Lt. Finn is the old- ‘‘yea’’ on rollcall vote number 330, on H.R. tary events ranging from Valley Forge to Get- est living Medal of Honor recipient and the last 1687, a bill to designate the Federal building tysburg, to charges on Omaha Beach and bat- living Medal of Honor recipient from the Japa- and United States courthouse located at tles along the Ho Chi Minh Trail, to current nese attack on Pearl Harbor. His actions in McKinley Avenue and Third Street, SW, Can- conflicts in Afghanistan and Iraq. combat and life reflect bravery and courage of ton, OH, as the ‘‘Ralph Regula Federal Build- Today I wish to celebrate the strength of our the highest level and I am proud to bring rec- ing and United States Courthouse.’’ Nation and the strength of our Army by salut- ognition to his accomplishments. Had I been present, I would have voted ing our Non Commissioned Officer Corps and John Finn was born in Los Angeles, Cali- ‘‘nay’’ on rollcall vote number 331, the Ros- the Army’s soldiers, families and civilians by fornia on July 23, 1909, and at the age of 17, Lehtinen substitute amendment to H.R. 1886, wishing them a happy 234th Birthday! with the permission of his mother, he enlisted the Pakistan Enduring Assistance and Co- f in the United States Navy. His Navy career operation Enhancement Act of 2009. PERSONAL EXPLANATION started aboard American gunboats patrolling Had I been present, I would have voted the rivers of Inland China, and in 1940 he was ‘‘nay’’ on rollcall vote number 332, the Motion assigned to the Naval Air Station at Kaneohe to Recommit H.R. 1886, the Pakistan Endur- HON. TED POE Bay in Oahu. On December 7, 1941 came the ing Assistance and Cooperation Act of 2009. OF TEXAS infamous attack on Pearl Harbor, and it was Had I been present, I would have voted IN THE HOUSE OF REPRESENTATIVES this event that presented Lt. Finn with an op- ‘‘yea’’ on rollcall vote number 333, final pas- Friday, June 12, 2009 sage of H.R. 1886, the Pakistan Enduring As- portunity to display his extraordinary valor. Mr. POE of Texas. Madam Speaker, due to sistance and Cooperation Act of 2009. As the first attack on the harbor began, Lt. other Congressional business, I unfortunately Lastly, had I been present, I would have Finn managed to secure and man a .50-cal- missed a recorded vote on the House floor on voted ‘‘aye’’ on rollcall vote number 334, on H. iber machine gun mounted on an instruction Thursday, June 11, 2009. Res. 529, condemning the violent attack on stand on a completely exposed section of a I ask that the RECORD reflect that had I parking ramp under intense enemy fire. Lt. the United States Holocaust Memorial Mu- been able to vote that day, I would have voted Finn, with no regard for his own safety, vigor- seum on June 10, 2009, and honoring the ‘‘yea’’ on rollcall vote No. 334. ously fired upon Japanese aircraft with suc- bravery and dedication of United States Holo- f cess. Although he was hit many times by caust Memorial Museum employees and secu- enemy strafing fire, Lt. Finn refused to leave rity personnel. CONGRATULATING CHIEF GEORGE his post until the attack ended. It was only f CARPENTER OF WILMETTE PO- under a direct order that he left for the hospital LICE DEPARTMENT to treat has 21 shrapnel and bullet wounds. HAPPY 234TH BIRTHDAY, U.S. However, after receiving medical attention, ARMY HON. MARK STEVEN KIRK and despite a great deal of pain and difficulty OF ILLINOIS moving, he returned to repair and rearm re- HON. CAROLYN C. KILPATRICK IN THE HOUSE OF REPRESENTATIVES turning planes. OF MICHIGAN Friday, June 12, 2009 John Finn served through the rest of World IN THE HOUSE OF REPRESENTATIVES War II with great distinction and retired from Mr. KIRK. Madam Speaker, I rise today to Friday, June 12, 2009 the United States Navy in 1956. He and wife honor Wilmette Police Chief George Car- Alice retired to their ranch in Southern Cali- Ms. KILPATRICK of Michigan. Madam penter, one of the finest public servants in my fornia where he continues to live today. Speaker, I rise today to honor the 234th birth- congressional district. Next month, Chief Car- In addition to the Medal of Honor, Finn day of the United States Army. As the oldest penter will retire after 35 years of service to holds the Purple Heart, Navy Unit Commenda- branch of the U.S. military, the United States the people of Wilmette, serving as Chief of tion, Good Conduct with 2 bars, Yangtze Serv- Army has established the tradition of duty, Police for the last 18 years. ice Medal, American Defense, American Cam- honor and country that has been the standard The police chiefs of the 10th District work paign, Pacific Campaign, and the World War II of excellence, not only in the military but also closely together to address their shared con- Victory Medal. in private industry. cerns. I’ve had the good fortune to work with

VerDate Mar 15 2010 10:16 Sep 30, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E12JN9.000 E12JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD June 12, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 11 15039 them and their departments to help combat ‘‘You have the right to remain silent. Any- President Obama has repeatedly stated that gangs, drugs and weapons that make their thing you say can and will be used against he would govern his administration with trans- way into the suburbs, and the respect that you in a court of law. You have the right to an parency. However the ranking member on the Chief Carpenter has among his peers is testa- attorney present during questioning. If you House intelligence subcommittee learned of a ment to what kind of a leader he is. cannot afford an attorney, one will be ap- serious FBI policy shift almost by accident. As chief, he spearheaded education reforms pointed for you.’’ In waging this war, the White House must in the Wilmette Police Department and leaves The Miranda Warning, which reminds sus- be accountable to this body—the people’s a legacy of forward-thinking, well-trained offi- pects in police custody of their rights under elected representatives. I thank the gentleman cers who will continue to serve the Village. He the Constitution, has become a staple of our from Michigan for bringing this issue to the steadily increased recruitment of women, mi- criminal justice system, and is a vanguard of House’s attention, and I join him in calling on norities, and those with foreign-language abil- Fifth Amendment protection. This warning, the Department of Defense to disclose the ity to diversify and bring new skills to law en- however, was never meant to be applied to timeline and justification for this policy shift. forcement. These policies have resulted in in- terrorists captured on the battlefield who are endangering American interests and American creased approval ratings of the performance f of the Wilmette Police Department, reflecting a lives. Recently, my colleague from Michigan, Mr. high level of public trust. REGARDING PRESIDENT OBAMA’S ROGERS, returned from Afghanistan, where he He helped form task forces to counteract ADDRESS TO THE MUSLIM AND learned that the FBI may be reading Miranda the growing sophistication of criminals in our ARAB WORLDS FROM CAIRO, rights to suspected terrorists at U.S. military area which created a more united regional po- EGYPT detention facilities. If this report is true, it is lice force. His dedication to quality and service deeply troubling and a variety of questions has been a great example for other commu- come to mind. HON. DAN BOREN nities in the 10th District. This is particularly First, if FBI agents are granting enemy com- OF OKLAHOMA crucial as Illinois now has the most gang batants a right to silence and counsel, how IN THE HOUSE OF REPRESENTATIVES members per capita in the nation. I know we then are operatives expected to accomplish are better prepared to meet this emerging their goal of obtaining actionable intelligence Friday, June 12, 2009 threat because of Chief Carpenter’s service. in the field? Second, how many detainees Mr. BOREN. Madam Speaker, President On behalf of the people of the 10th Con- have been read the Miranda Warning? Third, Obama made some very important points in gressional District, I thank Wilmette Police on what date was this policy established? his address last week in Cairo, Egypt. It is im- Chief George Carpenter for his outstanding Fourth, what are the factors which influence portant that he spoke directly to the Muslim public service and wish him the best in his fu- the FBI’s decision about when to grant Mi- and Arab worlds and stated as fact that 6 mil- ture endeavors. Our community is safer and randa rights? lion Jews were killed in the Holocaust. The stronger because of his leadership. For obvious reasons, a suspect who has President should be applauded for making f availed himself of silence and counsel is far clear that threatening Israel is wrong and that less likely to surrender valuable intelligence PERSONAL EXPLANATION anti-Semitism, which remains prevalent in the that can help us in winning the war on terror. Arab media, is ignorant, hateful and wrong. While we have an obligation to treat captured Unfortunately, the President’s speech left an HON. ELTON GALLEGLY combatants in a way that respects their impression that Israel was founded in re- OF CALIFORNIA human dignity, we are under no obligation to sponse to anti-Semitism and the Holocaust. consider them U.S. citizens. It is dangerous to IN THE HOUSE OF REPRESENTATIVES While these reasons were necessary for the provide detainees with the same protections Friday, June 12, 2009 creation of an Israeli state, a Jewish bond to enjoyed by Americans. Furthermore, it is un- the land of Israel is deeply rooted in history. Mr. GALLEGLY. Madam Speaker, I was un- wise to grant detainees the rights enshrined in avoidably absent for the rollcall vote on H.R. the very Constitution they seek to destroy. Many in the Muslim and Arab worlds deny 1256, the Family Smoking Prevention and To- We must recognize that there is a difference that a Jewish connection to the land of Israel bacco Control Act. Had I been present, I between police powers and war powers. The and Jerusalem exists. For example, at the would have voted for H.R. 1256. capture, interrogation, and trial of terror sus- Camp David meetings conducted by President f pects in Afghanistan and Iraq clearly fall into Clinton, Yasser Arafat denied that the Jewish the latter category. FBI involvement in this Temple was located in Jerusalem. However, a THE MIRANDA WARNING process can only lead to captured combatants Jewish connection to Jerusalem and to the being held, tried, and imprisoned in U.S. civil- land of Israel reaches far back into ancient HON. SCOTT GARRETT ian facilities, thereby making our prison sys- history and precedes the Holocaust. This bond OF NEW JERSEY tem an enclave for al-Qaeda operatives. is not 60 years old; it is more than 3,000 years IN THE HOUSE OF REPRESENTATIVES One of the primary objectives of American old, pre-dating Islam and even Christianity. operatives in the Middle East is to anticipate President Obama is to be congratulated for Friday, June 12, 2009 and prevent future attacks against U.S. sol- reaching out to the Muslim and Arab worlds. Mr. GARRETT of New Jersey. Madam diers and U.S. cities. Treating terror suspects As we do so, it is imperative that we stand Speaker, there are forty-four words that any- as rank-and-file street criminals is a dan- with Israel. Only then will we achieve peace one who has ever watched a police show is gerous policy with grave implications for our and stability in this troubled region of the no doubt familiar with: domestic security and foreign interests. world.

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