E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, WEDNESDAY, JUNE 3, 2009 No. 82 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE equal access to readjustment coun- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the seling and mental health services at pore (Ms. BERKLEY). gentleman from Kentucky (Mr. DAVIS) Vet Centers. We will provide dedicated funding for nonprofits supporting mili- f come forward and lead the House in the Pledge of Allegiance. tary families and create a program for proactive mental health outreach to DESIGNATION OF THE SPEAKER Mr. DAVIS of Kentucky led the Pledge of Allegiance as follows: soldiers. We will also provide a pro- PRO TEMPORE gram for Vet Centers aimed at growing The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the the number of mental health trainers fore the House the following commu- United States of America, and to the Repub- lic for which it stands, one nation under God, as well as providers. nication from the Speaker: indivisible, with liberty and justice for all. These bills will dramatically expand our ability to provide mental health WASHINGTON, DC, f June 3, 2009. coverage to our warriors who are doing I hereby appoint the Honorable SHELLEY ANNOUNCEMENT BY THE SPEAKER so much for all of us both here at home BERKLEY to act as Speaker pro tempore on PRO TEMPORE and abroad. this day. The SPEAKER pro tempore. The I encourage my colleagues to join me NANCY PELOSI, in moving these bills toward swift pas- Speaker of the House of Representatives. Chair will entertain up to 15 requests for 1-minute speeches on each side of sage. f the aisle. f f TIANANMEN ANNIVERSARY PRAYER INTRODUCING THE ARMED FORCES (Mr. PITTS asked and was given per- The Chaplain, the Reverend Daniel P. BEHAVIORAL HEALTH AWARE- mission to address the House for 1 Coughlin, offered the following prayer: NESS ACT AND THE VETERANS minute and to revise and extend his re- Lord God, source of eternal light, on AND SURVIVORS BEHAVIORAL marks.) this new day we offer not only our HEALTH AWARENESS ACT Mr. PITTS. Madam Speaker, 20 years prayer but all the work of Congress as ago today the brutal massacre of a living sacrifice of praise. Born of (Ms. GIFFORDS asked and was given peaceful student demonstrators oc- human effort, the fruit of experience permission to address the House for 1 curred in Tiananmen Square, Beijing, and right judgment, pressed by nego- minute and to revise and extend her re- China, by the People’s Liberation tiations and compromise, with the re- marks.) Army. Hundreds, perhaps thousands sult of common concern for Your peo- Ms. GIFFORDS. Madam Speaker, a were shot, killed or wounded, including ple, the decisions of this Congress are couple weeks ago our Nation celebrated being run over by tanks. The extraor- raised up before the people of this de- Memorial Day, a day to give tribute to dinary image of a man standing un- mocracy to realize their best intui- the men and women who have given armed in front of a row of Chinese tions, inspire their hopes for the fu- their lives for our country. But I think tanks has become one of the most fa- ture, and foster their goodness. it’s important for those of us who serve mous photos of the 21st century and At the same time, this work is raised in the Congress to realize that we, on a will forever be ingrained in our memo- up before You as the sovereign ruler of regular basis, have to do everything we ries. That man represents thousands of all times and nations and the compas- can to protect and defend those who others thirsting for freedom, thousands sionate defender of Your people, both protect and defend us. who were arrested and detained. Some now and forever. Amen. Later today I will be introducing the of those are still in labor camps today. Armed Forces Behavioral Health This week we pause to remember the f Awareness Act as well as the Veterans lives of those who were tragically lost and Survivors Behavioral Health in the massacre and imprisoned in the THE JOURNAL Awareness Act with Congressman gulag. We honor their courage and The SPEAKER pro tempore. The AKIN. These bills represent a strong bi- their stand for freedom. China has Chair has examined the Journal of the partisan commitment to expanding and made significant progress towards eco- last day’s proceedings and announces protecting access to mental health nomic reform, but political reform is to the House her approval thereof. treatment and services for our active still needed to ensure the fundamental Pursuant to clause 1, rule I, the Jour- duty and retired military. These bills rights of the people, such as freedom of nal stands approved. will provide all servicemembers with religion, expression and assembly.

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.

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VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.000 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6080 CONGRESSIONAL RECORD — HOUSE June 3, 2009 The Chinese Government continues uniform on the beaches of Normandy 65 communications and improve safety, to intimidate reporters, block Web years ago. This Saturday, let us re- similar to the agreement during the sites, jam broadcasts and censor the member the morning of the 6th of Cold War. Internet. We look forward to a day June, 1944, and the bravery of those in- I ask you to join Chairman CONYERS when the people of China are truly free. volved. In the town of Bedford, Vir- and me in support of this agreement. That day will surely come. ginia, 19 of the 34 servicemen who land- f ed on the beaches gave their lives for f CALLING FOR A BILATERAL freedom. Bedford suffered the largest INTRODUCTION OF CLEAN ENERGY INCIDENTS AT SEA AGREEMENT per capita death toll of any American PROMOTION ACT community during the invasion. These (Mr. CONYERS asked and was given (Mr. HEINRICH asked and was given were the famous Bedford Boys, and we permission to address the House for 1 permission to address the House for 1 mourn the recent loss of the last of the minute and to revise and extend his re- minute.) survivors. Our Nation should not forget marks.) Mr. HEINRICH. Madam Speaker, I their sacrifices, which is why this Mr. CONYERS. Madam Speaker, I, rise today to introduce the Clean En- Chamber recognized the D-day Memo- along with GEOFF DAVIS and others— ergy Promotion Act. This bill will help rial in Bedford as the National D-day BOB FILNER, GENE TAYLOR, WALTER create thousands of clean energy jobs Memorial. Sadly, that memorial faces JONES—are putting forward House Con- across America and help end our de- financial difficulties in these grim eco- current Resolution 94 so that we can pendence on foreign oil. Today some nomic times. Because of this and the avoid the incidents of the sea that 200 solar energy projects, 25 wind en- sacrifice these men made, I am intro- could happen in the Straits of Hormuz ergy projects and 200 wind energy pro- ducing legislation to ensure this me- because of the incredible number of duction test sites are on hold because morial in the memory of the service- commercial ships that traffic that the Bureau of Land Management men does not fade. The men we lost area. Eight Navy ships, 250 oil tankers doesn’t have the resources to evaluate were local heroes, but the freedom and and naval craft of a dozen other na- their applications. Madam Speaker, bu- security bought with their sacrifice is tions pass through the strait. These ne- reaucratic bottlenecks should not a national treasure. So too is our D- gotiations have been done before. We stand in the way of thousands of clean day memorial, and I urge my col- did it with the Soviet Union a genera- energy jobs. My bill will help eliminate leagues to join me in making this a tion ago. It’s very pragmatic. It avoids these bottlenecks by creating a dedi- permanent part of our Nation’s life. any incidents which could start a war, cated funding stream so that the BLM f and could change our relationship with can remove the current backlog in ap- the oil cartels. plications and facilitate future THE NECESSITY FOR A BILAT- I urge Members to give it consider- projects. This is a long-term, common- ERAL INCIDENTS AT SEA ation. AGREEMENT BETWEEN THE U.S. sense investment in America’s energy f leadership. Not only will we jump-start AND IRAN RECOGNIZING RICK BARRENTINE clean energy job creation today, we’ll (Mr. DAVIS of Kentucky asked and also be laying the foundation for Amer- was given permission to address the (Mr. PRICE of asked and was ica’s clean energy prosperity tomor- House for 1 minute and to revise and given permission to address the House row. extend his remarks.) for 1 minute.) I urge your support. Mr. DAVIS of Kentucky. Madam Mr. PRICE of Georgia. Madam f Speaker, as a former enlisted soldier Speaker, I rise today to recognize Rick and Army officer, the lives and safety Barrentine, a talented constituent THE FEDERAL RESERVE PRINTS of our servicemen and -women has al- from my district, the Sixth Congres- MONEY AS CHINA IS RELUCTANT ways been one of my top priorities. sional District of Georgia. Rick TO LEND MORE Chairman CONYERS and I are, therefore, Barrentine and his family will be in (Mr. KIRK asked and was given per- calling for the prompt negotiation of a Washington this week as he joins a mission to address the House for 1 bilateral naval agreement between the unique group of Americans, an elite minute and to revise and extend his re- United States and Iran. circle whose artistic work is displayed marks.) In January of 2008, Iranian Revolu- upon a United States postage stamp. Mr. KIRK. Madam Speaker, we are tionary Guards naval speedboats en- On June 5, the U.S. Postal Service running out of other people’s money. gaged in provocative actions against will unveil a new stamp; and on the We borrowed $1 trillion from China, three U.S. naval vessels, showed little face of this stamp is a photograph and their leaders are reluctant to lend to no regard for maritime safety, and taken by Mr. Barrentine, showing a more. In response, the Federal Reserve the event very nearly escalated into an close-up view of an American flag has begun electronically printing dol- armed conflict between the United draped upon itself. This same flag was lars to cover new debts. Chinese leaders States and Iranian vessels. displayed outside of his home until it told me that this was unconventional The Strait of Hormuz is one of the was retired recently with the respect and troubling. They worry that Amer- most crowded shipping lanes in the that it deserves. Though Mr. ica will try to repay her debts with world. A conflict in the strait would Barrentine didn’t seek this honor, this newly printed dollars. The Fed so far have dire consequences for the world’s recognition is a testament to his tal- this year has printed $130 billion that oil supply and the international econ- ents. Looking at this now timeless it does not have. Rating agencies have omy. An average of 15 tankers carrying image, one can easily grasp Mr. already cut Britain’s AAA credit rating between 16 and 17 million barrels of Barrentine’s appreciation for the sac- and warned we are next. crude oil pass through the strait each rifice and dedication of all those indi- Later this week I will ask the Fed to day, making these waters one of the viduals, including in his own family, stop printing money to buy U.S. debt. most strategically important oil choke who carried the Star-Spangled Banner Unless we stop, the enemy of the mid- points. The Department of Defense has in the service of our Nation. dle class and seniors—inflation—will stressed the importance of preventing This Congress commends him for his come back to hurt our recovery. future naval interactions in the region patriotism and for his artistic achieve- f from escalating. The U.S. has a signifi- ment. Freedom is inspiring. cant long-standing naval presence in f THE D-DAY MEMORIAL IN the Persian Gulf, protecting our sol- BEDFORD, diers and marines in theater and inter- CLEAN ENERGY JOBS (Mr. PERRIELLO asked and was national shipping lanes critical to (Mr. YARMUTH asked and was given given permission to address the House global commerce. A military-to-mili- permission to address the House for 1 for 1 minute.) tary negotiation of bilateral ‘‘Incidents minute.) Mr. PERRIELLO. I rise in honor of at Sea’’ agreement between the U.S. Mr. YARMUTH. Madam Speaker, the the lives sacrificed by our brave men in and Iran would codify vessel-to-vessel Clean Energy Jobs plan, which recently

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.003 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6081 emerged from the House Energy and H.R. 2648, AWARDING THE CON- will postpone further proceedings Commerce Committee, is the next step GRESSIONAL GOLD MEDAL TO today on motions to suspend the rules to create millions of American jobs in MUHAMMAD ALI on which a recorded vote or the yeas clean energy efficiency and modern- (Mr. CARSON of Indiana asked and and nays are ordered, or on which the izing a smart electric grid. Clean en- was given permission to address the vote incurs objection under clause 6 of ergy can provide an engine to drive the House for 1 minute.) rule XX. Nation out of recession and sustain our Mr. CARSON of Indiana. Madam Record votes on postponed questions economy for years to come. Speaker, yesterday, I introduced a bill will be taken later. In my hometown of Louisville, Ken- that will award the Congressional Gold f tucky, we are already seeing the divi- Medal to Muhammad Ali. Years ago JOHN S. WILDER POST OFFICE dends from investments made in this many of my colleagues before my time BUILDING country with the American Recovery watched Ali defeat Sonny Liston for and Reinvestment Act in the form of the heavyweight title and saw him cap- Mr. LYNCH. Madam Speaker, I move new green jobs. Earlier this week Gen- ture a gold medal at the 1960 Olympics. to suspend the rules and pass the bill eral Electric announced it would relo- His epic fights inspired a generation. (H.R. 1817) to designate the facility of cate production of a new energy-effi- But it was outside of the ring where Ali the United States Postal Service lo- cient water heater from China to Lou- truly made his mark, fighting for civil cated at 116 North West Street in Som- isville’s Appliance Park, which is the rights and racial harmony and com- erville, Tennessee, as the ‘‘John S. location of the Consumer Products Di- bating world hunger and disease. Under Wilder Post Office Building’’. vision of GE. Federal dollars allocated the shadow of 1960s discrimination, few The Clerk read the title of the bill. to the State energy fund from the could have imagined an African Amer- The text of the bill is as follows: American Recovery and Reinvestment ican and Muslim would transcend race, H.R. 1817 Act and reserved for the manufacture religion and culture to promote peace Be it enacted by the Senate and House of Rep- of energy-efficient products are avail- around the world. I believe that today, resentatives of the United States of America in able to support this project and others as so many around the world are strug- Congress assembled, like it. gling, it is more important than ever SECTION 1. JOHN S. WILDER POST OFFICE The addition of 450 new green jobs in BUILDING. to pay tribute to those who selflessly (a) DESIGNATION.—The facility of the Louisville is a sign of the growth we devote their lives to others. United States Postal Service located at 116 had hoped would come from our major I encourage all of my colleagues to North West Street in Somerville, Tennessee, investment in the Nation’s economic recognize a great humanitarian who re- shall be known and designated as the ‘‘John recovery and our commitment to mov- mains a role model for generations to S. Wilder Post Office Building’’. ing this country toward energy inde- come. Join me please in supporting (b) REFERENCES.—Any reference in a law, pendence. H.R. 2648. map, regulation, document, paper, or other record of the United States to the facility re- f ferred to in subsection (a) shall be deemed to f AMERICANS DESERVE ENERGY be a reference to the ‘‘John S. Wilder Post Office Building’’. b 1015 INDEPENDENCE CREATED BY AMERICAN WORKERS The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from A TRIBUTE TO JIMMY DEE CLARK (Ms. FOXX asked and was given per- mission to address the House for 1 Massachusetts (Mr. LYNCH) and the (Mr. NEUGEBAUER asked and was minute.) gentleman from California (Mr. ISSA) given permission to address the House Ms. FOXX. Madam Speaker, under each will control 20 minutes. for 1 minute and to revise and extend the Democrats’ national energy tax The Chair recognizes the gentleman his remarks.) plan, American households will pay on from Massachusetts. Mr. NEUGEBAUER. Madam Speaker, average $3,100 a year in extra energy GENERAL LEAVE I rise today to recognize a great Amer- costs, and between 1.8 and 7 million Mr. LYNCH. Madam Speaker, I ask ican. Jimmy Clark has served this American jobs will be lost. The Presi- unanimous consent that all Members country and particularly the 19th Dis- dent admitted under his energy plan, may have 5 legislative days within trict with distinction for 23 years. energy prices would ‘‘necessarily sky- which to revise and extend their re- Starting off with former Congressman rocket’’ and that the cost would be marks. Larry Combest and now serving as my passed on to American consumers. The SPEAKER pro tempore. Is there deputy chief of staff, Jimmy has served Manufacturing jobs will be relocated objection to the request of the gen- with great pride and excellence the to other parts of the world, like India tleman from Massachusetts? people of this district. It is a large dis- and China, which have less stringent There was no objection. trict. He has traveled many miles to environmental restrictions, hurting Mr. LYNCH. Madam Speaker, I now represent and make sure that the con- American workers and our environ- yield myself such time as I may con- stituents of the 19th District have the ment. sume. great service that they deserve. Forcing through Congress an energy Madam Speaker, as chairman of the Jimmy brings to the table a lot of ex- plan that raises energy prices and that House subcommittee with jurisdiction perience. And over the 23 years, he leads to further job loss during a time over the United States Postal Service, helped put valuable input from his of economic crisis is irresponsible and I am pleased to present H.R. 1817 for farming background into four farm the wrong direction to take our coun- consideration. This legislation will des- bills, valuable input that helped shape try. The American people know that ignate the United States postal facility what I think is good policy for this we can do better. located at 116 North West Street in country. Republicans want a clean environ- Somerville, Tennessee, as the ‘‘John S. We are going to miss Jimmy Clark. ment and will create comprehensive Wilder Post Office Building.’’ We are going to miss his service to the energy solutions that lessen our de- Introduced by Representative Marsha district. When people talk about pendence on foreign oil and that lead Blackburn on March 31, 2009 and re- Jimmy Clark, they talk about someone us to a stronger economy. ported out of the Oversight Committee of great honor and character and some- The American people deserve Amer- by unanimous consent on May 6, 2009, one who is always willing to help. We ican energy independence created by H.R. 1817 enjoys the support of the en- wish Jimmy and his lovely wife, Rita, American workers. tire Tennessee delegation. all the best as they embark on a new f A longtime resident of Somerville, journey in their life. All of us from the Tennessee, John Shelton Wilder admi- 19th Congressional District, and really ANNOUNCEMENT BY THE SPEAKER rably devoted over 40 years of his life the people of the United States of PRO TEMPORE to public service, including over 30 America, thank Jimmy Clark for his The SPEAKER pro tempore. Pursu- years as the Lieutenant Governor of great service to his country. ant to clause 8 of rule XX, the Chair the State of Tennessee.

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.004 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6082 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Born on June 3, 1921 in Fayette Coun- this State of Tennessee and leave par- ALEXANDER taking the reins as Gov- ty, John Wilder attended the Univer- tisan politics out of it.’’ Mr. Wilder fur- ernor of our State. sity of Tennessee College of Agri- ther noted the destructive nature of Indeed, Lieutenant Governor Wilder culture and subsequently received his partisan politics and emphasized that served as Lieutenant Governor when juris doctor at the Memphis State Uni- the success of the State of Tennessee my predecessor in the Seventh Con- versity Law School. A distinguished greatly depended on legislators voting gressional District seat, former Con- United States Army veteran of World their conscience, absent the influence gressman and former Governor Don War II, Mr. Wilder also served as a of partisan politics. Sundquist, was in office. So Lieutenant member of the Fayette County Quar- Madam Speaker, let us honor this Governor Wilder has a storied career. I terly Court, known also as the county dedicated public servant, John Shelton also have the opportunity to serve as commission, for 18 years. Wilder, through the passage of this leg- his Member of Congress now. And when In 1958, Mr. Wilder was first elected islation to designate the Somerville, he was in the State senate and speaker to the Tennessee State Senate as a Tennessee, post office in his honor. And of the senate and Lieutenant Governor, Democrat representing senate district I urge my colleagues to join me in sup- I shared the representation of many of 26, which included Chester, Crockett, porting H.R. 1817. those counties with Fayette, Hardin, McNairy, and Wayne I reserve the balance of my time. Governor Wilder. Counties. While he did not run for re- Mr. ISSA. Madam Speaker, it is with So he has truly had such an incred- election in 1960, Mr. Wilder returned to great pleasure that I yield such time as ible career in public service that it is the State senate in 1966. she may consume to the gentlewoman an honor for me to be able to stand Following the adoption of a State from Tennessee, the author of the bill, here and to recognize him and to make constitutional amendment that ex- MARSHA BLACKBURN. certain that we in this body pay trib- tended the length of terms in the State Mrs. BLACKBURN. Madam Speaker, ute to him by naming that post office senate in Tennessee to 4 years, Mr. I want to thank my colleague from for him there in Somerville, Tennessee. Wilder was elected to his first 4-year Massachusetts for his wonderful words I know some of my colleagues have term in 1968 and was subsequently re- about Governor Wilder. I will tell you, come to the floor to speak on this reso- elected to nine consecutive terms until though, we probably are having Gov- lution. And, Madam Speaker, as we all his retirement in March of 2008. ernor Wilder and some of his friends know, in the State of Tennessee, any- In 1971, Mr. Wilder’s senate col- listening in Somerville, Tennessee, one who serves in public office has leagues elected him speaker of the today who are saying, we need an in- sought the advice of John Wilder. So State senate, a position that under the terpreter on that one so that they can whether you served with him in the State constitution also granted him understand that wonderful New Eng- State senate or not, everyone went to the title of Lieutenant Governor. And land accent to our Southern ears. him for advice and counsel as to how notably Mr. Wilder became the first Thank you so much for those gracious they would carry forth their public du- Tennessee Lieutenant Governor in al- words. ties and how they would serve in the most 50 years to serve under a Gov- It is indeed an honor to stand and to State of Tennessee. So I thank the gentleman from Cali- ernor of a different political party, Re- recognize Governor Wilder. And as the fornia for yielding. I thank the gen- publican . gentleman from Massachusetts said, While the Tennessee General Assem- today is his birthday. He is 88 years old tleman from Massachusetts for his bly had not traditionally maintained today, so it is wonderful that we are very kind words. And I thank my col- its own staff or its own offices prior to having this resolution come forward leagues for joining me on my bill, H.R. 1817, to appropriately honor and recog- Mr. Wilder’s tenure, State senate today and that we are able to designate nize our former Lieutenant Governor. Speaker Wilder undertook a variety of the post office in Somerville, Ten- I rise today to pay tribute to John S. Wilder, efforts to enhance the State legisla- nessee, for this dedicated public serv- former Lieutenant , ture’s standing, including the construc- ant. and to express my support of H.R. 1817, leg- tion of General Assembly offices. He chose to be a Democrat, but he islation to have a Postal Service office building Mr. Wilder also made a unique mark legislated from the center. And it is so in Somerville, Tennessee named the ‘‘John S. by retaining the lieutenant governor- amazing when you look at his career Wilder Post Office Building.’’ ship of Tennessee for over 30 years. No- and all that he accomplished, because, Mr. Wilder commendably served the state of tably, the State had not previously Madam Speaker, he chose to build a bi- Tennessee for just shy of fifty years, in part as seen an individual serve more than partisan conservative governing coali- a member of the and as three consecutive terms as speaker of tion. And he really took a great Lieutenant Governor of Tennessee. He served the State senate since 1870. In contrast amount of pride in the fact that he es- as Lieutenant Governor of Tennessee and to other elected officials in his posi- tablished that for the State of Ten- Speaker of the Tennessee Senate from 1971 tion, Mr. Wilder never sought higher nessee. Indeed, when you look at the to 2007, becoming both the longest serving office. And he often stated that ‘‘the fact that the legislature in the State of Lieutenant Governor and the longest serving speaker likes being speaker.’’ In fact, Tennessee is a coequal branch with the head of a legislative body in United States his- Mr. Wilder’s service as Lieutenant Gov- executive branch, you see Governor tory. For his extraordinary life achievements, I ernor from 1971 until 2007 is regarded as Wilder’s handprints on this. today honor a man who through example has one of the longest Lieutenant Governor Those of us who had the opportunity exhibited devotion to his community and to the tenures in United States history. to serve in the State senate and serve state of Tennessee. During his simultaneous service as with Governor Wilder did have the op- Today, June third, Mr. Wilder celebrates his Lieutenant Governor and as State sen- portunity to participate in the way he eighty-eighth birthday. The first born son of ate speaker, Mr. Wilder was widely ad- addressed that coalition. He really is Martha and John Wilder, John Shelton Wilder mired for his unrivaled and genuine the embodiment of ‘‘public service.’’ grew up in Fayette County. He enlisted in the commitment to bipartisanship. Mr. And as has been stated, he served under army and served our country during World Wilder routinely awarded chairman- the leadership of both parties. War II. After the war, he attended the Univer- ships to both Democratic and Repub- He served as Lieutenant Governor sity of Tennessee School of Agriculture, and lican members. And in 1987, Mr. Wilder, when our now senior Senator, Senator then enrolled in Memphis State University, a Democrat, even earned the Repub- ALEXANDER, was Governor. Lieutenant now the , from where he lican Caucus’s nomination for Lieuten- Governor Wilder was indeed the Lieu- obtained a degree in law. ant Governor. tenant Governor under his time of Mr. Wilder was first elected to the Ten- Mr. Wilder’s commitment to biparti- service. And indeed Governor Wilder is nessee Senate in 1959. In January 1971, the sanship, for the benefit of the citizens the one who granted Governor Alex- Tennessee Senate elected Mr. Wilder to be of Tennessee, was further evidenced by ander an extra 3 days on his term when the Speaker of the State Senate, which also his retirement announcement in March Governor Wilder moved forward with made him Tennessee’s Lieutenant Governor. of 2008. In that address, Mr. Wilder en- what he called ‘‘impeachment Ten- During his tenure in the Tennessee Senate, couraged his colleagues to ‘‘be states- nessee style’’ for the incumbent Gov- Mr. Wilder was noted for his exceptional lead- men, to do what is good and right for ernor who was in place prior to Senator ership skills and his ability to cross party lines

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.006 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6083 in garnering the support of both Republicans rights, and he stood with the black been banned in our constitution since and Democrats. His reputation with both par- farmers in Fayette County, the African the early 1800s, and that vote, with ties enabled him to be continuously re-elected American tenant farmers, and refused those essential 22 votes, every one was Lieutenant Governor every four years from to punish those black tenant farmers necessary, Governor John Wilder was 1971 until 2007. by evicting them or calling in their one, Congresswoman MARSHA Moreover, he served as a state senator until crop loans. That’s a moment that John BLACKBURN was another, Congressman 2007 concluding his remarkable career in pub- Wilder refers to when he speaks, and I LINCOLN DAVIS was another, led to stu- lic service. believe, for those who are people of dents in Tennessee having the oppor- Mr. Wilder has been a member of many conscience, people in the civil rights tunity to go to school. commissions, association and committees, in- movement throughout the Midsouth I thank John Wilder. I thank Con- cluding the Southern Legislative Conference remember John Wilder for that prin- gresswoman BLACKBURN for bringing Executive Committee, the Tennessee Judicial cipled stand. It was a stand by which this, and I’m proud to be a cosponsor of Council, Tennessee Industrial and Agricultural men were known. the John Wilder Post Office. Development Commission, and the National One of the other things that John Mr. ISSA. Madam Speaker, at this Conference of State Legislatures Legislative Wilder did that is most significant is time it is my pleasure to introduce yet Leaders. In addition to his legislative work, he he instituted a system in Tennessee another friend of the former Lieuten- has an active business career as director of where our judges were taken out of the ant Governor, JIMMY DUNCAN, a mem- Health Management and Cumberland Savings political spectrum to the extent pos- ber of the committee and a fellow Bank, chairman of the board of Cumberland sible and put into a selection system. Tennesseean. I yield him such time as Bank Shares and First Federal Bank FSI Hold- The Wilder plan, which survived an at- he may consume. ing Company, and he continues to participate tempt to eliminate it in this general Mr. DUNCAN. Madam Speaker, I in the management of Longtown Supply Com- assembly, has served Tennessee well, thank the gentleman from California pany, a family owned cotton business founded provides that appellate judges are se- for yielding me this time, and I want to in 1887. Additionally, he has worked as an at- lected, not elected but selected, and express my appreciation also to my torney in the town of Somerville. that that meets the provisions of our colleague from Tennessee, Congress- Mr. Wilder has been an extraordinary public State constitution and allows for woman BLACKBURN for bringing this servant for nearly fifty years. With gratitude for judges who are not well known by the legislation to the floor, very appro- his service to the state of Tennessee, I ask all public to be chosen by a merit process. priate legislation. members to join me in support of H.R. 1817. They have to stand for approval elec- I have come here to express my great Mr. LYNCH. Madam Speaker, at this tions at the public ballot, the general admiration and respect for Governor time, I would like to yield 5 minutes to election, but they are chosen not ini- Wilder, in addition to the very kind the gentleman from the Ninth District tially in contests where people have to things that my colleagues, the gen- of Tennessee (Mr. COHEN). go raise money and campaign on name tleman from the 9th District, Congress- man COHEN, has said, and also what b 1030 recognition, but are selected based on their qualifications as submitted Congresswoman BLACKBURN has said. Mr. COHEN. Madam Speaker, I want through a panel and chosen by the Gov- The hills and mountains and valleys to thank the Speaker, and Mr. LYNCH ernor from a list of three and then of east Tennessee are very, very dif- and Congressperson BLACKBURN for stand for reelection. And I think all ferent from the flat lands of west Ten- bringing this to the floor and for ex- but one of those people have been ap- nessee, but we’re all Tennesseeans. And tending the time. proved by the electorate and main- even though my district in east Ten- I particularly want to thank Con- tained. So his stand for civil rights and nessee is very far from Governor gresswoman BLACKBURN for initiating his stand for meritocracy in the judici- Wilder’s district in west Tennessee, this concept because John Wilder de- ary are the two things I think John still, I have known of his work for our serves recognition, and he deserves rec- Wilder has done that are most, most State for many years now, and I have ognition by having this post office admirable of the many. great respect for that. named for him. We name post offices He also set up a Board of Education I also have seen him in action each quite frequently for people, people that for the State to help K–12 and to put year for many, many years, hosting the deserve it. But John Wilder put Fay- some common sense into the education annual legislative luncheon at the Uni- ette County on the map. And when you processes in our State. No things are versity of Tennessee. And Governor put a county on the map, the post of- more important than civil rights, edu- Wilder did so much for the University fice in those small counties is the place cation, and a fair and impartial judici- of Tennessee, his alma mater and my where the county is. That’s where ary, and John Wilder stood for all of alma mater. mileage is measured from and people those. I read a few years ago that less than congregate and political gatherings He’s been a lawyer and respected in 20 percent of the people in the State occur and all that. the courtroom. He’s a farmer. He’s a legislative bodies around the country John Wilder was my friend, is my banker. He has interests in just about have served, that less than 20 percent friend, and has had an unbelievable any business that’s important to west have served more than 12 years. And so contribution to the people of Ten- Tennessee, and anything that got done turnover in legislative bodies is at a nessee. I know it’s been discussed how in west Tennessee, rural west, and higher rate or level than any time in many years he served as Lieutenant Memphis included, John Wilder had a our history, contrary to what some Governor, longest-serving elected offi- stamp on it. people think. So anyone who serves in cial in the free world of a legislative There’s a tower at the University of office for such a long number of years body, and how much he accomplished. Memphis known as the John Wilder as Governor Wilder has really accom- I served in the Tennessee State Sen- Tower because he was most instru- plished something that very few people ate with John Wilder for 24 years. I mental in securing funds for the Uni- have done in our history. And you think one of his most significant mo- versity of Memphis, which is the great don’t serve in office for as long as he ments came before I knew him, at a State university in west Tennessee. did without helping thousands and time when there was segregation in the John Wilder helped me in my career, thousands of people and doing many, South and there were efforts to penal- appointed me chairman of the State many good things, both for individual ize black farmers in Fayette County, and Local Government Committee, for citizens and for the State as a whole. an instance that John Wilder refers to which I served, I think it was, 12 years And so I just wanted to come here it, and many people do who remember in that body. And although there were briefly. I did not have the privilege of it, as Tent City. times when he was not as enthusiastic serving in the State senate, as Con- And there were attempts to take ad- about the Tennessee education lottery gressman COHEN and Congresswoman vantage of the sharecroppers and to as I was, at the end, there were 22 votes BLACKBURN did. I never served with force them in certain ways, and John on the board in the Tennessee Senate Governor Wilder, but I certainly met Wilder didn’t go along with the estab- to provide, give the people the right to with him many times and saw him at lishment and he stood up for civil vote on a lottery provision that had different inaugurations and at various

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.002 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6084 CONGRESSIONAL RECORD — HOUSE June 3, 2009 events in Nashville and in my home- coal, with not even scrubbers, much Madam Speaker, I hope you and our col- town of Knoxville. And so I appreciate less any sequestration. leagues will join us in supporting this resolu- Governor Wilder, and I admire and re- So, Madam Speaker, as we do not dis- tion to honor Lt. Gov. John S. Wilder—known spect him, as I said earlier. agree one bit on the naming of this to many of us in Tennessee simply as ‘‘Gov- And I thank the gentlelady from Ten- post office, this side of the aisle has to ernor Wilder’’—for his long public service. nessee for bringing this legislation to make it very clear that we do object to Mr. LYNCH. I yield back the balance the floor. the present form that is being proposed of our time. Mr. LYNCH. Madam Speaker, I don’t without any real inclusion of Repub- The SPEAKER pro tempore. The believe we have any further speakers at licans and with the American jobs at question is on the motion offered by this time, but I will continue to reserve stake. the gentleman from Massachusetts our time. And with that, I would yield back the (Mr. LYNCH) that the House suspend Mr. ISSA. Madam Speaker, I yield balance of my time. the rules and pass the bill, H.R. 1817. myself such time as I may consume. Mr. LYNCH. Madam Speaker, I do The question was taken. Madam Speaker, it is with great want to bring this discussion back to The SPEAKER pro tempore. In the pleasure that I join with the other the point at hand and this bill that opinion of the Chair, two-thirds being Members, primarily of the Tennessee seeks to honor Governor Wilder. And I in the affirmative, the ayes have it. delegation, who so aptly are wishing a would hope that, in taking the moment Mr. ISSA. Madam Speaker, on that I happy birthday to the Governor today to dedicate this post office—and I chair demand the yeas and nays. on his 88th birthday. And I do support this committee, and we do name a lot The yeas and nays were ordered. of post offices here. As a matter of fact, strongly the naming of this post office The SPEAKER pro tempore. Pursu- I think sometimes we’ll run out of after a public servant of such a unique ant to clause 8 of rule XX and the names before we run out of post offices. character and longevity of service. Chair’s prior announcement, further But I do think that this is one that is And now that we have dispensed with Proceedings on this motion will be so well deserved because of the wonder- this portion, the suspension, the non- postponed. controversial part, as is the tradition ful career of bipartisanship, and it dis- of this committee, sometimes we make appoints me greatly that people would f a point of other things on this allo- take away the focus of this dedication b 1045 cated time. And today I believe that to harp on a bunch of hot air about some other issues that are going to POST it’s appropriate to speak about the im- OFFICE BUILDING pending, before August, cap-and-tax have plenty of time to be debated. scheme that has been proposed by the This is a moment that we have to Mr. LYNCH. Madam Speaker, I move Speaker and is likely to come to a honor this gentleman, Governor Wild- to suspend the rules and pass the bill vote. er, for his wonderful accomplishment, (H.R. 2090) to designate the facility of We on this side of the aisle are deeply and in all the testimony here given the United States Postal Service lo- concerned about a system which is de- this morning by his closest friends and cated at 431 State Street in signed to raise the cost of all utilities his strongest advocates, he is one of Ogdensburg, , as the ‘‘Fred- in America, with no offset, no offset, the most bipartisan leaders that we eric Remington Post Office Building’’. have had in this country, and he has The Clerk read the title of the bill. for the ultimate CO2 that is likely to be created by moving those jobs over- held that position as Lieutenant Gov- The text of the bill is as follows: seas. It’s very clear that cap-and-tax, if ernor for over 30 years. So I want to H.R. 2090 make sure that he gets the recognition not uniform and enforced, would sim- Be it enacted by the Senate and House of Rep- ply move American jobs overseas. And that he deserves. resentatives of the United States of America in I want to congratulate Mrs. the bill, which is being considered by Congress assembled, BLACKBURN for being the lead sponsor the Global Warming, otherwise some- SECTION 1. FREDERIC REMINGTON POST OFFICE of this, and Mr. COHEN and all of the BUILDING. times called the Junket Committee House Members, both Republican and here, is in fact something that I op- (a) DESIGNATION.—The facility of the Democrat, on behalf of the Tennessee United States Postal Service located at 431 pose, and I oppose because it is very delegation for the wonderful work that State Street in Ogdensburg, New York, shall clear that we cannot, in this body, sim- they’ve done. be known and designated as the ‘‘Frederic ply make a decision that we’re going to And I ask all of my colleagues to join Remington Post Office Building’’. stop producing a certain amount of CO2 with us in giving due honor to Gov- (b) REFERENCES.—Any reference in a law, in the United States. And this, I might ernor Wilder by naming this post office map, regulation, document, paper, or other mention, while Air Force One con- record of the United States to the facility re- in Somerville, Tennessee, in his name. ferred to in subsection (a) shall be deemed to sumes an incredible amount of CO2 or Mr. TANNER. Madam Speaker, I rise in produces an incredible amount of CO be a reference to the ‘‘Frederic Remington 2 support of this resolution, which honors a Post Office Building’’. while flying empty over New York long-time leader in our state, whose career The SPEAKER pro tempore. Pursu- City. has been distinguished and historic. ant to the rule, the gentleman from The world and the air around us is John Shelton Wilder was first elected to the Massachusetts (Mr. LYNCH) and the not isolated. If we go forward with a Tennessee State Senate in 1958, and, in cap-and-trade initiative that is not 1971, was chosen by his Senate colleagues to gentleman from California (Mr. ISSA) globally enforced by every single na- serve as Senate Speaker and Lt. Governor. each will control 20 minutes. tion, we simply are pollution laun- He served in these capacities until 2006, mak- The Chair recognizes the gentleman dering. We’re saying we’re going to ing him the longest-serving leader of a state from Massachusetts. have cleaner cars here, we’re going to legislative body anywhere in this country. Be- GENERAL LEAVE have cleaner this here, and yet CO2 will cause of his trademark bipartisanship and his Mr. LYNCH. Madam Speaker, I ask be produced in other places. Already it insistence in wanting ‘‘the Senate to be the unanimous consent that all Members is very clear that China, for every sin- Senate,’’ the Tennessee State Senate accom- may have 5 legislative days within gle product it produces, is more energy plished many things under Lt. Governor which to revise and extend their re- intensive than the same product pro- Wilder’s leadership. marks. duced in the United States. Literally, I had the honor of serving alongside Lt. The SPEAKER pro tempore. Is there when you import the same product Governor Wilder in the General Assembly objection to the request of the gen- from China that would otherwise be when I served in the Tennessee House of tleman from Massachusetts? made here, although it may be cheaper, Representatives. During my time in this body, There was no objection. it produces more CO2 and a great many I have been honored to represent some of the Mr. LYNCH. I yield myself such time other pollutants. same counties that Lt. Governor Wilder rep- as I may consume. I’ve been to China. I’ve been to resented in the Tennessee Senate. I know Madam Speaker, I am pleased to Hanoi. I have been to many of these firsthand how dedicated he has always been present H.R. 2090 for consideration. countries, and what I generally see are to serving the public and helping families in This legislation will designate the leaves blackened from the burning of West Tennessee and across our state. United States postal facility located at

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.011 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6085 431 State Street in Ogdensburg, New production on United States postal painting; and in 1895, he began York, as the Frederic Remington Post stamps. sculpting in bronze. He ultimately pro- Office Building introduced on April 23, In the mid-1890s, Remington quickly duced nearly 3,000 drawings and paint- 2009, by the Republican vice chair of mastered a new medium and became ings, 22 sculptures, and eight volumes my subcommittee—and the recently immersed in sculpture. Similar to his of writings throughout his career. nominated Secretary of Army—Mr. previous illustrations and paintings, Frederic Remington died on December MCHUGH of New York. H.R. 2090 was re- well-known Remington bronzes such as 26, 1909, thus making 2009 the 100th an- ported out of the Oversight Committee ‘‘The Broncho Buster’’ and ‘‘The Chey- niversary of his death. Unfortunately, by unanimous consent on May 6, 2009. enne’’ were highly regarded for their he was only 48 years old and died at the I’m also pleased to report that this leg- detail, movement, energy, and overall height of his popularity. islation enjoys strong support from the realism. Notably, Remington’s piece In 1961, the U.S. Postal Service issued New York House delegation. ‘‘The Broncho Buster,’’ was presented a postal stamp to commemorate the A long-time resident of the City of to following the 100th anniversary of Frederic Ogdensburg in St. Lawrence County, ’ return from the Span- Remington’s birth. The stamp featured New York, Frederic Remington was a ish-American War, an honor that Rem- an oil painting drawn by Remington in renowned 19th century painter, illus- ington deemed the ‘‘greatest com- 1905 entitled ‘‘Smoke Signal.’’ Over 111 trator, sculptor and writer who special- pliment I ever had.’’ million Remington stamps were issued ized—and I think in many people’s Regrettably, Frederic Remington by the postal service. minds really captured the essence and died on December 26, 1909, at the young Remington’s works can be found legend of the American West. age of 48 and at the height of his pro- throughout the Nation in some of Born on October 4, 1861, in Canton, fession. Nevertheless, he was able to America’s highly regarded museums, New York, Frederic Sackrider Rem- produce over 3,000 drawings and paint- including the Art Institute of Chicago, ington moved to Ogdensburg, New ings, 22 bronze sculptures, over 100 arti- the Metropolitan Museum of Art, and York, in 1873 and attended the Yale cles and stories, and even a novel and a many others. In fact, ‘‘The Broncho College School of Art before soon heed- Broadway play over the course of a ca- Buster,’’ the stirring Remington sculp- ing the call to go west. reer that inspired the American imagi- ture to this day remains in a promi- Remington’s early travels through nation and immortalized the Western nent location within the at America’s new frontier in the late 1800s experience. the White House. provided him with the unique oppor- Madam Speaker, let us honor the Today a comprehensive collection of tunity to observe scenes that he had great 19th century artist, Mr. Frederic original Remington paintings, sketches imagined since his childhood and Remington, through the passage of this and sculptures are housed at the Fred- gained an authentic view on America’s legislation to designate the Ogdensburg eric Remington Art Museum founded in west that would later translate into his post office in his honor. I urge my col- 1923 and located in Ogdensburg, New unparalleled and inspirational depic- leagues to join me in supporting H.R. York. Frederic Remington was one of tions of frontier life. 2090. Harper’s Weekly published I reserve the balance of our time. northern New York’s most famous resi- Mr. ISSA. Madam Speaker, at this Remington’s first commercial illustra- dents, and his home town of time due to the entry of the Ronald tion in 1882 and Remington soon began Ogdensburg is one of the most historic Reagan statue here in Statuary Hall, I to receive a steady flow of commis- destinations. Located along the St. ask unanimous consent that the gen- sioned work from additional publica- Lawrence River, Ogdensburg was the tleman from (Mr. JORDAN) be able tions, including Collier’s, that were site of key battles during the French to control my time. and Indian War as well as the War of searching for authenticity in Western The SPEAKER pro tempore. Without 1812. In fact, the city was captured by themes. Remington’s first full cover objection, the Chair recognizes the gen- British forces during the famed Battle appeared in Harper’s in 1886 when he tleman from Ohio. of Ogdensburg in the . was only 25 years old. And in 1887, There was no objection. Ogdensburg was also the site of the Remington received a highly regarded Mr. JORDAN of Ohio. Madam Speak- appropriately titled Ogdensburg Agree- commission for 83 illustrations for a er, I yield myself such time as I may ment of 1940. This was a joint defense book by Theodore Roosevelt entitled consume. pact between the Canadian Prime Min- ‘‘Ranch Life and the Hunting Trail.’’ The pretty long speech here that was ister and President Franklin Roo- This latter assignment provided a sig- put together by staff on Mr. MCHUGH’s sevelt. nificant boost to Remington’s career post office renaming, and some of it Ogdensburg’s post office is also of and marked the beginning of a lifelong will be, I think, redundant from Mr. historic significance and was listed in bond between the artist and Roosevelt. LYNCH’s comments, but I think it’s im- the National Historic Register in 1977. Despite his success as a magazine and portant that we do give the proper re- The building serves as the oldest active book illustrator, Remington was fo- spect to the Frederic Remington Post post office in New York and among the cused on further developing his artistic Office Building. oldest in the United States. It was con- abilities; and in the mid-1880s and I rise in support of H.R. 2090, a bill structed between 1867 and 1870; and in 1890s, he turned his attention to water designating the postal facility located August of 1872, President Grant visited and full-color oil painting as well as at 431 State Street in Ogdensburg, New the building for a public reception. It is sculpture. In order to retain the au- York, as the Frederic Remington Post also very likely Frederic Remington thenticity of his work, Remington em- Office Building in honor of the re- himself would have sent some of his barked on annual trips to the West and nowned 19th century sculptor, painter, correspondence from the very post of- even created a Western environment in author and illustrator. fice that will be dedicated in his name. his New York studio by surrounding Frederic Remington was born in Can- I rise today to ask my colleagues to himself with objects collected from his ton, New York, in 1861 and moved to join me in support of this legislation to various travels. Ogdensburg, New York, in 1873. He designate the Ogdensburg, New York, In noted paintings, such as the ‘‘Re- headed west to the Montana territory post office as the Frederic Remington turn of the Blackfoot War Party’’ and and is best known for his depictions of Post Office Building. ‘‘Mule Train Crossing the Sierras,’’ and frontier life of the American West, in- I reserve the balance of my time ‘‘A Dash For the Timber,’’ Remington cluding cowboys taming broncos, cav- Mr. LYNCH. Madam Speaker, we continued to evidence a unique ability alry soldiers engaged in battle, and Na- have no further speakers at this mo- to handle complex compositions and tive American warriors and scouts. He ment. I continue to reserve. realistically capture the sweeping began his career as a magazine illus- Mr. JORDAN of Ohio. I would yield landscapes, heroic figures and moments trator upon his return east, when he as much time as she may consume to of danger and conflicts which came to sold his first sketches to Harper’s the gentlelady from North Carolina epitomize the American West. In 1888, Weekly. (Ms. FOXX). Remington even achieved the honor of In the mid-1880s, Remington moved Ms. FOXX. I thank my colleague for having two of his paintings used for re- from illustration to water color and oil yielding.

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.016 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6086 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Madam Speaker, I want to commend just say that I think the gentlelady What we’re here about today in this my colleague, Mr. MCHUGH, for intro- from North Carolina makes an out- bill is recognizing Frederic Remington ducing this legislation to honor Fred- standing point. This cap-and-trade/cap- for what he provided for in this coun- eric Remington. I’m sure it is a very and-tax concept, all you’ve got to do is try in his brief time on this Earth and well-deserved honor, and I’m glad that look at the Heritage Foundation study, in a way that is consistent with the we have the opportunity to do it here which rank-orders all 435 Congressional wishes of the sponsor of this legisla- today. districts in this country who would be tion, the Republican gentleman from However, there is a really critical most negatively impacted, who would New York (Mr. MCHUGH) who deserves issue facing our country these days, lose jobs because of this proposal. And our respect. and it is the cap-and-tax plan that the it hits home because nine of the top 10 And with that, I urge all my Mem- Democrats are doing their best to get most affected districts are in Ohio and bers to join with Congressman passed in the House of Representatives. Indiana. I happen to represent one of MCHUGH, the nominee for the Sec- We know that the Commerce and En- those districts in Ohio. We’d be fourth retary of the Army, a good choice in ergy Committee voted it out the night hardest hit in the country. It doesn’t my opinion, and support this measure we left for our district work period for take a genius to figure out if you are unanimously. Memorial Day. But we also know that heavy into manufacturing, as we are, Mr. MCHUGH. Madam Speaker, I rise today it is not good legislation for this coun- and frankly, rely on coal, from coal- as the proud sponsor of H.R. 2090, which try. fired plants on the Ohio River to pro- The truth behind the Democrats’ cap- would designate the Ogdensburg, New York vide your electricity needs, you’re post office in honor of renowned 19th-century and-tax plan is that it is a national en- going to get hit hard. This is a terrible ergy tax which will kill jobs, raise American sculptor, painter, author and illus- move for our country, but it will have trator Frederic Remington. I want to thank the taxes, and lead to more government in- disproportionately negative impacts on Gentleman from New York (Mr. TOWNS) and trusion in our lives. This is an irre- the Midwest. That’s why we should de- the Gentleman from California (Mr. ISSA) for sponsible proposal that will do more feat this proposal. harm than good. The President’s en- With that, I would yield back the bal- their work to bring this legislation to the floor ergy plan is a $646 billion national en- ance of our time. today. I also want to thank the members of the ergy tax that will hit every American Mr. LYNCH. Madam Speaker, again, New York delegation for cosponsoring this family, small business and family I would like to bring the discussion measure along with Representative CHAFFETZ, farm. Family energy costs will rise on back to the matter at hand which is Ranking Member of the House Subcommittee average by more than $3,100 a year. the dedication of this post office in on Federal Workforce, Postal Service, and the Those hardest hit by this massive tax Ogdensburg, New York, in memory of District of Columbia. will be the poor, who experts agree Frederic Remington. Frederic Remington was born in Canton, spend a greater proportion of their in- I think it’s especially notable that New York, in 1861 and moved to Ogdensburg, come on energy consumption. So much people would take away from the honor New York in 1873. Best known for his depic- for the President’s promise to cut taxes that’s trying to be bestowed here by a tions of frontier life of the American West, in- for everybody who makes less than Republican colleague and, you know, a cluding cowboys taming broncos, cavalry sol- $200,000 a year. nominee for Secretary of the Army. diers engaged in battle, and Native American A devastating consequence will be Mr. MCHUGH asked that we take a mo- warriors and scouts, Remington first headed fewer jobs for hardworking Americans. ment and designate this post office in west to the Montana Territory in 1881. Upon Various studies suggest anywhere from memory of one of New York’s most re- his return east, he sold his first sketches to 1.8 million to 7 million jobs could be nowned citizens and someone who has Harper’s Weekly, thus beginning his career as lost. provided great service to this country a magazine illustrator. Republicans believe there are better in his artistic work in capturing an era In the mid 1880s, Remington moved from il- solutions than more taxes, fewer jobs, of our country that is enormously im- lustration to water-color and oil painting, and and more government intrusion. House portant to all of us. in 1895 began sculpting in bronze. He ulti- Republicans want to increase American And I know a lot of people out there mately produced nearly 3,000 drawings and energy production made by American must be very confused. What does the paintings, 22 sculptures, and eight volumes of workers, encourage greater efficiency French use of nuclear power have to do writings throughout his career. Frederic Rem- and conservation, and promote the use with the post office being named on be- ington died on December 26, 1909, thus mak- of clean alternative fuels. House Re- half of Frederic Remington? And there ing 2009 the 100th anniversary of his death. publicans offer a plan that is more en- is no connection. Unfortunately, he was only 48 years old and vironmentally friendly than the Demo- b 1100 died at the height of his popularity. cratic plan. The Democrat cap-and-tax In 1961 the U.S. Postal Service issued a plan will relocate manufacturing There is no connection. There is a denigration going on here, a discour- stamp to commemorate the 100th anniversary plants overseas in countries with far of Frederic Remington’s birth. The stamp fea- less stringent environmental regula- tesy, I think, to Mr. MCHUGH, a dis- courtesy to the people of New York by tured an oil painting drawn by Remington in tions. 1905 entitled ‘‘Smoke Signal.’’ Over 111 mil- Furthermore, the GOP plan will in- the Republican Party, and taking this lion Remington stamps were issued by the clude nuclear energy which does not moment of recognition away from Mr. Postal Service. emit carbon. We find it very inter- Remington and his memory, away from esting that we know very well that the Mr. MCHUGH and the object of his legis- Remington’s works can be found throughout French, who have gotten 80 percent of lation, to spout on about issues that the nation, in some of America’s most highly their electricity from nuclear power, can be spouted on about at different regarded museums, including the Art Institute have no problem with their nuclear times and more appropriate times. We in Chicago, the Metropolitan Museum of Art, waste because they recycle everything do not have to have either discussion of and many others. Indeed, President Obama and wind up with very, very small one issue at the cost of reducing the re- has kept ‘‘,’’ the stirring amounts of waste and yet the Demo- spect and courtesy that are due to Remington sculpture, in a prominent location crats deny this opportunity to create Members and particular initiatives within the Oval Office at the White House. electricity from nuclear power. that they put forward that they deem Today, a comprehensive collection of origi- We think the American public needs important to their districts and to the nal Remington paintings, sketches and sculp- to be made aware of this issue, and people that they represent. tures are housed at the Frederic Remington we’re going to do everything we can to I will not do that. I will not go on Art Museum, founded in 1923, and located in educate the public on the disastrous about cap-and-trade. I will wait for the Ogdensburg, New York. The Remington Mu- way that the Democrats are taking debate on cap-and-trade. I will not go seum is open year-round, and offers many this country in terms of cap-and-tax. on about whether I think the French programs for the public, including school tours, Mr. LYNCH. Madam Speaker, I con- are doing the right thing with nuclear gallery talks, exhibit openings and workshops. tinue to reserve. power and the disposal of their waste. Since the Museum’s founding, purchases and Mr. JORDAN of Ohio. Madam Speak- I’ll wait on that. There will be appro- donations of Remington art and personal arti- er, before I yield back my time, I would priate times to discuss that. facts have added significantly to the breadth of

VerDate Nov 24 2008 00:32 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.018 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6087 this amazing collection. The Remington Muse- be a reference to the ‘‘Carl B. Smith Post Of- member of the State’s Joint Standing um’s importance to the residents of my Con- fice’’. Committee on Inland Fisheries and gressional District can be attributed to both its The SPEAKER pro tempore. Pursu- Wildlife, Agriculture, and State and cultural and historical significance, as well as ant to the rule, the gentleman from Local Government. its economic impact on the surrounding com- Massachusetts (Mr. LYNCH) and the Throughout his tenure in the munity. gentleman from Arizona (Mr. FLAKE) State House, Mr. Smith was widely Frederic Remington was, indeed, one of each will control 20 minutes. noted for his efforts on behalf of envi- Northern New York’s most famous residents The Chair recognizes the gentleman ronmental causes, as well as his devo- and it is fitting we honor his artistic contribu- from Massachusetts. tion to social issues such as poverty, tions to the world. It is also fitting that GENERAL LEAVE health, and aging. Ogdensburg, one of America’s most historic Mr. LYNCH. Madam Speaker, I ask In 1987, Mr. Smith received statewide destinations, be the home of such an equally unanimous consent that all Members recognition when he was selected by historic figure. Located along the strategic St. may have 5 legislative days within House Speaker John L. Martin to serve Lawrence River, Ogdensburg was the site of which to revise and extend their re- on the Maine Commission on Outdoor key battles during the French and Indian War marks. Recreation. Upon announcing Rep- as well the War of 1812. In fact, the city was The SPEAKER pro tempore. Is there resentative Smith’s appointment to captured by British forces during the famed objection to the request of the gen- the commission, Speaker Martin de- Battle of Ogdensburg in the War of 1812. tleman from Massachusetts? scribed Smith as an ‘‘extremely hard- Ogdensburg was also the site of the appro- There was no objection. working legislator who has devoted a priately titled Ogdensburg Agreement of 1940. Mr. LYNCH. Madam Speaker, I yield great amount of time and energy to en- This was a joint defense pact signed between myself as much time as I may con- vironmental issues.’’ Canadian Prime Minister Mackenzie King and sume. Regrettably, Carl B. Smith passed President Franklin Roosevelt. Madam Speaker, I am pleased to away on October 4, 2000, at the age of It is also fitting that such a storied city has present H.R. 2173 for consideration. 78. a duly historic post office. In fact, the This legislation will designate the Madam Speaker, let us honor this Ogdensburg Post Office was listed in the Na- United States postal facility located at dedicated public servant through the tional Historic Register in 1977. The building 1009 Crystal Roads in Island Falls, passage of this legislation to designate serves as the oldest active post office in New Maine, as the ‘‘Carl B. Smith Post Of- the Island Falls post office in Carl B. York State and among the oldest in the United fice.’’ Smith’s honor. States. It was constructed between 1867 and This bill, introduced by my colleague I urge my colleagues to join me in 1870, and is truly a building befitting of this and friend, Representative MIKE supporting H.R. 2173. honor. Of note, on August 7, 1872, President MICHAUD of Maine, on April 29, 2009, I reserve the balance of our time. Ulysses S. Grant visited the building for a pub- was reported out of the Oversight Com- Mr. FLAKE. Madam Speaker, I thank lic reception. It is also very likely Frederic mittee by unanimous consent on May the gentleman for introducing this. I Remington himself would have sent some of 6, 2009, and enjoys the support of both think it’s appropriate that the Con- his correspondence from the very post office members of Maine’s House delegation. gress at times names post offices, but I that will be dedicated in his name. A lifelong resident of the town of Is- don’t think that it is appropriate that Accordingly, I ask my colleagues to support land Falls, Maine, Carl B. Smith dedi- we spend hours and hours doing it. this legislation to designate the Ogdensburg, cated over half of his life to public I think that if we ask our constitu- New York Post Office as the Frederic Rem- service and local and State govern- ents at home if they want us to spend ington Post Office Building. ment, the United States military, and more time naming post offices or talk- Mr. LYNCH. I yield back the balance the United States Postal Service. ing about post offices that have been of our time. Born on March 30, 1922, Carl B. Smith named or talking about something im- The SPEAKER pro tempore. The graduated from Sherman High School portant that will really affect them question is on the motion offered by in 1940 and 2 years later joined the like cap-and-trade or cap-and-tax com- the gentleman from Massachusetts United States Army Corps. Representa- ing down the road, I think they’d say (Mr. LYNCH) that the House suspend tive Smith’s subsequent 10-year tenure the latter. And I plan to vote for this the rules and pass the bill, H.R. 2090. in the United States Army included post office naming, and I think it’s ap- The question was taken; and (two- service in Europe during World War II, propriate that Carl B. Smith have a thirds being in the affirmative) the as well as service in Japan and Korea post office named after him in Maine. rules were suspended and the bill was during the Korean conflict. He would Now, I think it’s important that peo- passed. go on to become a lifelong member of ple across the country know what we’re A motion to reconsider was laid on the Veterans of Foreign Wars Post 7529 going to be debating this summer. It’s the table. out of Island Falls as well. going to affect them and affect them Following his discharge from the deeply, and if I was convinced that f service, Representative Smith attended we’re going to have adequate debate CARL B. SMITH POST OFFICE barber school and proceeded to serve time on the floor for cap-and-trade, Mr. LYNCH. Madam Speaker, I move his beloved community of Island Falls then I might feel more inclined to talk to suspend the rules and pass the bill as a barber for 30 years. In addition, he about post offices. But my guess is, (H.R. 2173) to designate the facility of also worked as a rural letter carrier when it comes to this, we’re going to the United States Postal Service lo- with the United States Postal Service be having a very small amount of time cated at 1009 Crystal Road in Island and, of course, was a proud member of actually on the floor. Very few amend- Falls, Maine, as the ‘‘Carl B. Smith the Maine Rural Letter Carriers Union. ments, if history is any guide, will be Post Office’’. Representative Smith would subse- allowed on this cap-and-trade legisla- The Clerk read the title of the bill. quently embark on a distinguished ca- tion, and there will be a truncated time The text of the bill is as follows: reer in local and State government. and space that we actually have to talk Be it enacted by the Senate and House of Rep- First, he served as the town clerk of about what is going to affect people all resentatives of the United States of America in Island Falls for 13 years and later across the country. Congress assembled, served on the Island Falls Board of Se- Now, if I were supporting this cap- SECTION 1. CARL B. SMITH POST OFFICE. lectmen. and-trade legislation that’s coming (a) DESIGNATION.—The facility of the In 1980, Mr. Smith was elected to the down the pike, believe me, I wouldn’t United States Postal Service located at 1009 Maine State Legislature as the rep- want to talk about it much here either Crystal Road in Island Falls, Maine, shall be resentative serving house district 140, because I think the more people learn known and designated as the ‘‘Carl B. Smith which includes Island Falls, Ludlow, about it, the more they fear about Post Office’’. (b) REFERENCES.—Any reference in a law, Oakfield, Sherman, and other areas. what is coming down the road here. map, regulation, document, paper, or other His admirable career in the Maine What is coming down the road are record of the United States to the facility re- House of Representatives would span 10 higher energy taxes. Let’s be real here. ferred to in subsection (a) shall be deemed to years, during which time he was a And I think some on the other side of

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.009 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6088 CONGRESSIONAL RECORD — HOUSE June 3, 2009 the aisle have been honest enough to about this rather than simply talk He had a deep belief in local input on admit that. The Representative from about post offices being named because legislation and local control of devel- Michigan said it best: I think nobody this will affect the average American opment issues. Mr. Smith was also a in this country realizes that cap-and- family in a big way. Some have esti- strong advocate in requiring the State trade is a tax, and it’s a great big one. mated a few thousand dollars a year it to reimburse any locality 75 percent of Even the President, we know, said dur- might impact the average American the cost of all mandated programs. ing his campaign that electricity family. A true representative of the long- prices, energy prices would necessarily Whatever it is is going to impose a held ideal of Maine’s citizens, Mr. skyrocket under cap-and-trade. cost on the economy that is very dif- Smith felt very strongly about energy So we know that that’s going to hap- ficult at this point to bear. And for and environmental conservation issues. pen, but let’s be honest about it. This what? What do we get in return? More b 1115 is a high energy tax that Americans all revenue that Washington can spend on over the country are going to be paying a different purpose or some other pro- He championed many environmental that’s going to come to Washington, gram? That’s what this is turning into initiatives and served on committees and then Washington is going to decide right now. in the legislature related to fisheries how to spend it, likely on something So I think it’s appropriate, Madam and wildlife. completely different. Speaker, that we talk about cap-and- During his time in the legislature, he If we want to be honest about helping trade today, and I’m glad that we have supported the Clean Indoor Air Act, a the environment, then just impose a something on the floor that allows us nonsmoking ban for the State. Another carbon tax and make it revenue neu- to do that. area of interest to Mr. SMITH was pris- tral, give commensurate tax relief on And with that, I reserve the balance on reform. While serving on the Correc- the other side. Myself and another Re- of my time. tions Committee, he proposed a bill publican colleague have introduced Mr. LYNCH. Madam Speaker, I con- that would provide a restitution pro- that legislation to do just that. Let’s tinue to reserve. gram where imprisoned persons con- have an honest debate about whether Mr. FLAKE. I ask unanimous consent victed of nonviolent crimes worked to or not we want to help the environ- that the gentleman from Utah (Mr. pay their room and board at the prison, ment by actually having something CHAFFETZ) be allowed to control the supporting their dependents, and pay that is revenue neutral where you tax balance of my time. damages owed to persons as a result of consumption as opposed to income. The SPEAKER pro tempore. Is there their crimes. Then you would have a real honest de- objection to the request of the gen- Representative SMITH personified the bate at least here. tleman from Arizona? ideals of this country. He served his Instead, this is a revenue source to There was no objection. country in war, worked hard in his pay for other items. Not just that, it is Mr. CHAFFETZ. Madam Speaker, I community of Island Falls, and was a revenue source that is haphazardly appreciate and thank my colleague elected to serve in the State legisla- imposed, more tax that is haphazardly from Massachusetts. ture, where he was able to positively imposed. I shouldn’t say haphazardly I rise in support of H.R. 2173, to des- affect the lives of citizens of Maine because I think it’s by design. When ignate the United States postal facility well beyond the borders of his legisla- you look at this cap-and-trade legisla- at 1009 Crystal Road in Island Falls, tive district. tion that is coming through committee Maine, as the ‘‘Carl B. Smith Post Of- With gratitude for his service to the now, you realize that certain sectors, fice Building.’’ State of Maine, I ask all Members to certain utilities and others, have been As an advocate for all of the citizens join me in the support of H.R. 2173. exempted from it, will be given permits in Maine’s House District 140, State Madam Speaker, I reserve the bal- instead of sold permits to pollute. Representative Carl B. Smith was a ance of my time. And so this is nothing more than standout legislator in the Maine House Mr. LYNCH. Madam Speaker, at this bringing more revenue to Washington, of Representatives. time I’d like to yield 2 minutes to the deciding who is going to be taxed in the After graduating from Sherman High gentleman from northern Virginia (Mr. end, and down the road somehow the School in 1940, and then marrying CONNOLLY). environment is supposed to be helped. Mr. CONNOLLY of Virginia. Madam But whenever you have just a new Annie Jane Porter in 1946, Representa- Speaker, I thank my colleague and my revenue source for Washington to de- tive Smith began a long and distin- friend from Massachusetts. I can’t help cide how you’re going to spend it, you guished career in a number of fields. but rise, having heard our friend from don’t really have an honest debate Prior to his marriage, Mr. Smith joined about what you’re doing, let’s face it. the Army Air Corps in 1942, serving in Arizona who decided that really we What we’re likely to have is some- Europe during World War II, and in were sort of wasting our time, despite thing like we’ve had over the past few Japan and Korea during the Korean the words of our friend from Utah just decades with ethanol policy where conflict for a total of 10 years. He then now, on the naming of a post office. we’ve subsidized ethanol again and returned to his home in Island Falls I’m reminded of the words from the again, every year more and more, by where he trained and worked for over book of Ecclesiastes that to everything tariffs, by market protections, by all- 30 years as the local barber. there is a season. Today, at this mo- out subsidies. You name it, we’ve pro- Throughout the years, Mr. Smith ment, that season involves the naming tected that industry. And in the end, served as the town clerk of Island of a post office that matters a lot to what have we gained by it? I think it’s Falls, town selectman, and for 10 years that community, that family, the a record that is dubious at best, and we as a rural letter carrier for the United memory of that individual, to the keep saying we are just going to prime States Postal Service. Members who represent that area in the pump just a few more years and it Mr. Smith’s successful and varied ca- the United States Congress. will be on its own, but it never is. Now, reers made him well-suited for public There will be time enough to debate it’s not working that well, but it’s a office. His responsiveness to the needs cap-and-trade. In fact, last night we bridge to something else. of the citizens of his district ensured spent over an hour talking about cap- Let’s be honest about this debate. him of a successful 10 years in the and-trade on our side of the aisle. I was Let’s have a debate where if you’re State legislature. privileged to participate in that. going to help the environment, if you He believed that as a true representa- But I think that it’s easy sometimes feel that we ought to put a value on tive of his constituents it was his obli- when one has perfected the politics of carbon, then do it in a revenue neutral gation to introduce legislation when ‘‘gotcha’’ to sound sanctimonious that manner so you’re not bringing more asked to do so by a citizen even though one is rising above the trivial and ad- revenue to Washington, and that’s there were times he did not necessarily dressing real issues when, as a matter what this cap-and-trade legislation is support the bill. He believed by doing of fact, in this body we address a whole about. this he was giving the requesting citi- range of issues. I don’t know how else you can put it. zens an opportunity to have an issue I just rise in defense of the naming of That’s why it’s important to talk that was important to them addressed. a post office that’s not trivial to part

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6089 of the folks we represent in this body has said the prices are going to sky- Wilder, 30 years served as Lieutenant and hardly represents the avoidance of rocket. So how can they deny it when Governor of that State. a vigorous debate that I look forward their own leadership has said it? The other side argues that there’s a to on cap-and-trade when that season We know it’s going to result in job lack of opportunity to talk about these is right. losses, lower wages, and stock devalu- other issues so they have to use the I thank my friend from Massachu- ation. It’s not likely to reduce emis- time that was designated to honor setts. sions, and there is no guarantee that these people—a very brief amount of Mr. CHAFFETZ. I yield such time as reducing U.S. emissions is going to time, by the way. Normally, just a few she may consume to my distinguished stop what is being called global warm- minutes on each side, we get rid of colleague from the State of North ing. We don’t even know that human these bills. They have extended the Carolina (Ms. FOXX). beings are causing the global warming. time we have spent on this floor. Ms. FOXX. I thank my colleague So we’re using—I’m not even sure But I just want to take today’s from Utah for the recognition. I want you can call it bad science. I think schedule. Today’s schedule, we have to make it clear, as my colleague from using the term ‘‘science’’ in conjunc- hearings all over the Capitol. We have Arizona made it clear, we mean no dis- tion with what is the underlying ra- 14 hearings in the Senate; some of respect, no denigration to the people tionale for this bill is too strong a those dealing with cap-and-trade. We for whom these post offices are being word. have 18 hearings where Members of named. In fact, we’re all very proud of But Republicans do have an alter- Congress will stand behind micro- Mr. MCHUGH, the nominee for the Sec- native. Contrary to what our col- phones just like this one and expound retary of the Army, whose bill preceded leagues are saying over and over, we of their views on issues everywhere this bill. are not the Party of No. We are the from agriculture to appropriations to I want to commend my colleague Party of Do, and do right by the Amer- energy and commerce, which is the from Maine for introducing this legis- ican people. subject matter that the other side lation to honor Carl B. Smith with a The American Energy Innovation would like to talk about. post office named in his honor. How- Act, which is the Republican alter- There are ample opportunities for ever, we know the way that things are native to this, encourages innovation people in Congress to talk and talk and handled around here. It’s been all too within the energy market to create the talk. Matter of fact, it reminds me of clear a pattern. renewable fuel options and energy ca- that movie, ‘‘Charlie Wilson’s War.’’ When it comes time to debate the reers of tomorrow. It promotes greater Charlie Wilson’s secretary, who was legislation that is of major significance conservation and efficiency by pro- not familiar with the workings of Con- to everyone in this country, we wind up viding incentives for easing energy de- gress, turned to the Congressman and with closed rules and we wind up with mand and creating a cleaner, more sus- said, Charlie, why do Members of Con- debate cut off. And so it is up to us to tainable environment. gress talk and talk and talk and talk inform the American people at every It increases the production of Amer- and never do anything? And Charlie opportunity that we have what the im- ican energy by responsibly utilizing all turned to her and he said, Well, honey, pact of proposed legislation by the ma- available resources and technologies mostly it’s tradition. And that’s what’s jority is going to be. and streamlining burdensome regula- going on here. We hear over and over again when tions. I have great respect for the ranking earmarks are requested by people on We have an alternative. It is a viable member, the gentleman from Utah, the other side that it’s important that alternative. But that bill will never be who came up and talked about the bill they bring home the bacon to their dis- debated. You talk about wanting de- that was on the floor, talked about its tricts. Well, it’s important to our con- bate. You talk about wanting discus- merits. And Carl B. Smith; this is a stituents that they be told how much sions. Why not bring that bill up and post office being named after a gen- this cap-and-tax bill is going to cost let it be debated? Why not put it up for tleman who worked as a rural letter them, because many Americans do not a vote just like the cap-and-tax bill carrier. know it. will be put up for a vote? Now you may laugh down your nose And I would say that the things that No, that’s not the way of this major- at that, but we seem to think that’s I have heard in Special Orders and even ity. The way of this majority is to sti- honorable service to our country. Just in the 1-minutes where folks on the fle every idea that is good for this because this guy was a letter carrier is other side are talking about cap-and- country and say, We won. We’re going no reason for Members on the other tax, it’s as though we’re talking about to do what we want to do. That’s the side of the aisle to denigrate his serv- two different bills. attitude of the majority party. That is ice, to denigrate the honor that’s being So we’re not really having a debate not true debate. bestowed upon him. on the merits of a piece of legislation. We would love to have true debate. This man worked his entire life. He We’re hearing a lot of propaganda We’d love to see the people on this was a veteran. He was a letter carrier. about that legislation, but we’re not floor have choices. They are not being This is the backbone of America. He having a real true debate on it. So it’s given choices. They’re not being al- was a proud union member. He dedi- up to us to inform the American people lowed to debate. cated his life. He was a good American. of the facts of the legislation. So, Madam Speaker, we don’t mean He put on the uniform of this country. As my colleagues have said before, in any way to take away from the hon- Served in the Army. What about his the cap-and-tax bill that was passed ors being given to these people for service? What about his service? Instead, we get a bunch of . . . stand- out of the Congress in the Energy Com- whom post offices are being named. As ing up here spouting about stuff that mittee a couple of weeks ago is a gov- was pointed out earlier, one of them you can talk in any single committee ernment planning scheme. It is more of was by one of our Republican col- hearing on this schedule. taking all the choices in people’s lives leagues that we respect. But we think Mr. CHAFFETZ. Madam Speaker, I in this country up to the Federal Gov- it’s important to inform the American ask to take his words down. ernment level. people of what they will be facing if Mr. LYNCH. I withdraw my com- It will stifle private sector innova- some of the legislation being proposed ments. I apologize. I apologize on the tion. We are the most innovative coun- by the Democrat majority is passed. word ‘‘blowhard.’’ I retract that. I re- try in the world because of the freedom Mr. LYNCH. I yield myself such time tract that. that we have, and yet all the legisla- as I may consume just to rebut the fal- Instead, we have Members—— tion coming through this Congress is lacy that the other side of the aisle The SPEAKER pro tempore. Without aimed at stifling that freedom. needs to step on a bill that Mr. objection, the words are stricken. It is going to result in higher con- MCHUGH put forward to recognize There was no objection. sumer energy prices. We know that. someone from his district because Mr. LYNCH. I ask to strike. The President has admitted it. One of we’re naming a post office for that in- The SPEAKER pro tempore. The gen- our colleagues from Michigan has ad- dividual; or the gentleman from Ten- tleman from Massachusetts will pro- mitted it’s a huge tax. The President nessee who was honored, Governor ceed.

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.024 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6090 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Mr. LYNCH. That was overreaching more ample time to deal with what HONORING ANNUAL SUSAN G. on my part. could be the single largest tax increase KOMEN RACE FOR THE CURE The SPEAKER pro tempore. The gen- in the history of the United States of Mrs. CAPPS. Madam Speaker, I move tleman will proceed. America, an increase that is going to to suspend the rules and agree to the Mr. LYNCH. Instead of giving those touch every single American’s life. concurrent resolution (H. Con. Res. 109) gentlemen—the gentleman from Ten- While there may be committee meet- honoring the 20th anniversary of the nessee, who served 30 years, Carl ings over in the Senate and on commit- Susan G. Komen Race for the Cure in Smith, 30 years as an elected official tees that I’m not a participant in, I the Nation’s Capital and its transition and a postal servicemember, and Fred- would hope that this body would con- to the Susan G. Komen Global Race for eric Remington—giving them their due tinue to extend the time to talk about the Cure on June 6, 2009, and for other time on this floor, the brief moment one of the most pertinent issues—the purposes. that they have, probably the highest cap-and-trade—and the opposition that The Clerk read the title of the con- moment of achievement for certainly many of us here on the Republican side current resolution. Mr. Smith in Maine—and, by the way, of the aisle feel to this bill. The text of the concurrent resolution the sponsor of that resolution, MIKE With that, I reserve the balance of is as follows: MICHAUD, is actually chairing a sub- my time. H. CON. RES. 109 committee on Veterans’ Affairs so he Mr. LYNCH. Madam Speaker, I wel- Whereas breast cancer is the most fre- can’t be here. So he has relied upon us come the gentleman’s remarks. I un- quently diagnosed cancer in women world- to extend the basic courtesy to some- derstand the pressures put on the wide, with more than 1,300,000 diagnosed one in his district who dedicated their each year; schedule, but I do know there is enor- Whereas breast cancer is the leading cause lives to this country. mous opportunity for Congress. Never of death among women worldwide, more than He was a man of a common position; in the history of this country have we 465,000 die from the disease each year, and a just a rural letter carrier—like a lot of had more outlets and more opportunity woman dies from breast cancer every 68 sec- folks in this country, from a small to get our message out. onds; town—and we’re trying to name a post Last night, I know that our side took Whereas there are more than 2,500,000 office after him. an hour just to talk about cap-and- breast cancer survivors alive in the United States today, the largest group of all cancer Mr. MICHAUD sent this bill over while trade. I know that your side does the he is in committee dealing with vet- survivors; same thing. There are a lot of opportu- Whereas a woman has a one-in-eight life- erans’ affairs and debating those issues nities and a lot of forums in this build- time risk of developing breast cancer, and and asked us to handle this. I just ing and elsewhere on Capitol Hill to only a small percentage of cases are due to think some of us have handled that re- speak about them. We have a lot of heredity; sponsibility poorly. That’s what I issues. We have a lot of issues that con- Whereas incidence rates for breast cancer think. That’s my opinion. front us today, and there are many, are increasing by as much as five percent an- nually in low-resource countries; And I just wish that even though you many, many opportunities to express may look down your nose at this, you Whereas, since its inception, Susan G. our opinions. I just think that this is Komen for the Cure has invested more than may not think that this is important one little slice of time that we have $1,300,000,000 in breast cancer research, edu- at all, it’s very important for these put aside for a significant purpose. It cation, and community health services that families and for these individuals to be may be a narrow purpose in recog- have raised awareness and improved treat- honored. nizing certain individuals, but I think ment, helping more people survive the dis- With that, Madam Speaker, I reserve that it should be dedicated and spent ease and creating a strong support commu- the balance of my time. nity of breast cancer survivors; on that purpose without intervening Whereas publicly and privately funded re- b 1130 subject matter denigrating that rec- search has resulted in treatment that has Mr. CHAFFETZ. May I inquire as to ognition and that honor that is so well raised the 5-year survival rate for women the remaining time, please. deserved. with localized breast cancer from 80 percent With that, I welcome the gentleman’s in the 1950s to 98 percent in 2008; The SPEAKER pro tempore. The gen- Whereas the Susan G. Komen Race for the tleman from Utah has 5 minutes re- remarks. Again, if it were not clear be- fore, I apologize for my earlier re- Cure Series is the organization’s signature maining, and the gentleman from Mas- program and is the world’s largest and most sachusetts has 10 minutes remaining. marks. The descriptions were inappro- successful education and fundraising event Mr. CHAFFETZ. I yield myself as priate, and I do apologize for those re- for breast cancer; much time as I may consume. marks. Again, I ask that they be Whereas more than 120 Komen Race for the Madam Speaker, let me just say that stricken from the RECORD. Cure events are held across the globe, raising significant funds and awareness for the fight I appreciate the gentleman from Mas- I reserve the balance of my time. Mr. CHAFFETZ. Madam Speaker, I against breast cancer; sachusetts and sometimes the emo- Whereas a record $3,700,000 from the 2008 tions. It seems to me, having just urge all Members to support the pas- Komen Race for the Cure was granted to 18 joined this debate, that we have spent sage of H.R. 2173, and I yield back the organizations in the National Capital area more time criticizing what the Repub- balance of my time. for 2009, a 10 percent increase over last year’s lican side of the aisle would like to Mr. LYNCH. Madam Speaker, with local funding; talk about and that we have started to that and on behalf of the gentleman Whereas these grants are awarded to who is the lead sponsor of this resolu- projects dedicated to addressing gaps and engage in the politics of personal de- unmet needs in breast health education and tion, MIKE MICHAUD from Maine, in struction as opposed to talking about breast cancer screening and treatment in un- the issues of the day that are going to honor of Carl B. Smith, we ask that derserved populations throughout the Na- affect not just this one letter carrier this resolution be supported unani- tional Capital area; who has served honorably. mously by the Members of Congress in Whereas 2009 marks the 20th anniversary of I just want to reiterate the great recognition of a good, good American. the first Susan G. Komen National Race for work and dedication that this indi- Madam Speaker, I yield back the bal- the Cure in Washington, DC; vidual gave to the State. I think it is ance of my time. Whereas this year the Susan G. Komen Na- The SPEAKER pro tempore. The tional Race for the Cure becomes the first- appropriate that we recognize and have ever Susan G. Komen Global Race for the a post office named after him. That’s question is on the motion offered by Cure, reflecting Komen’s global mission to quite an honor that will stay, I hope, the gentleman from Massachusetts end breast cancer wherever we find it, at for a long, long period of time, for eons (Mr. LYNCH) that the House suspend home or abroad; and of time so that people can appreciate the rules and pass the bill, H.R. 2173. Whereas more than 50,000 participants, in- and can get to know and recognize him. The question was taken; and (two- cluding 4,000 breast cancer survivors and At the same time, I think a fair as- thirds being in the affirmative) the hundreds of congressional and Federal agen- sessment would be, while we can give rules were suspended and the bill was cy employees are expected for the 20th an- nual 5K run/walk on Saturday, June 6, 2009, these individuals a few minutes of time passed. on the National Mall: Now, therefore, be it and can recognize their strengths and A motion to reconsider was laid on Resolved by the House of Representatives (the contributions to the State, we do need the table. Senate concurring), That Congress—

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.036 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6091 (1) remembers the lives of the women and It is with great pride that I rise survivors—4,000 breast cancer sur- men who have lost their fight with breast today in support of the House Concur- vivors, Madam Speaker—their families, cancer and expresses support and admiration rent Resolution 109, honoring the 20th their friends and supporters, plus hun- for those who have survived; anniversary of the Susan G. Komen dreds of congressional and Federal (2) congratulates those survivors, family, friends, and other community members who Race for the Cure in the Nation’s Cap- agency staff, including staff from my participate in the Global Race for the Cure ital and its transition to the Susan G. own office and many others, will par- in order to raise money for research and edu- Komen Global Race for the Cure on ticipate in the annual 5K run and walk. cation so that many more may survive and June 6, 2009. Thanks to last year’s race, a record $3.7 encourages Americans to walk this year and So this Saturday, here in Wash- million in grants was provided to 18 or- to support their family and friends who par- ington, D.C., D.C. will be the host of ganizations in the National Capital re- ticipate; and the Susan G. Komen Global Race for gion alone. (3) honors the Susan G. Komen Global Race the Cure, and participants will be Madam Speaker, Susie Komen, as her for the Cure for its impact on the National sister affectionately called her, was Capital Area, the Nation, and the world. walking, running, volunteering, and even sleeping to help raise money for just 36 years old when she was stricken The SPEAKER pro tempore. Pursu- breast cancer research, education and and lost her 3-year battle with breast ant to the rule, the gentlewoman from community awareness. More than cancer in 1980. She did not have the California (Mrs. CAPPS) and the gen- 50,000 participants, including 4,000 benefit of a nationwide support net- tleman from Nebraska (Mr. TERRY) breast cancer survivors and hundreds work like the one her sister, Nancy each will control 20 minutes. of congressional and Federal agency Goodman Brinker, would found in her The Chair recognizes the gentle- name 2 years later because, together, woman from California. employees are expected for the 20th an- nual 5K walk on the National Mall. they identified large gaps in the sys- GENERAL LEAVE I would like to at this point inject tem of care as part of Susan’s valiant Mrs. CAPPS. I ask unanimous con- that Omaha, Nebraska’s Susan G. experience. sent that all Members may have 5 leg- Komen race is in October when it will The first Race for the Cure was held islative days in which to revise and ex- be a little cooler. We like running and in 1983 in Houston, Texas, and its suc- tend their remarks. cess has subsequently spread to com- The SPEAKER pro tempore. Is there walking, and our office has a team for that race. I would encourage every con- munities across the Nation. Now the objection to the request of the gentle- annual race is the primary fund-raising woman from California? gressional office, in their districts, to field a team to help raise awareness vehicle for the Komen Foundation, There was no objection. which today has invested more than Mrs. CAPPS. I yield myself such time and research for breast cancer. My mother was a breast cancer sur- $1.3 billion worldwide for breast cancer as I may consume. research, education and community Madam Speaker, I rise in strong sup- vivor until a different cancer got her a year ago. So I would like to express my health services. port of H. Con. Res. 109, a resolution Those efforts have raised greater gratitude for the $1.3 billion the Susan that honors the Susan G. Komen Glob- awareness, and have improved the G. Komen for the Cure has invested, al Race for the Cure. treatment of breast cancer, itself, help- helping more people survive the disease More and more women are surviving ing more people survive and creating a and creating strong community sup- breast cancer due in no small part to strong support of community sur- port for breast cancer survivors. Susan’s sister and to the many women vivors. Thanks in large part to organi- Publicly and privately funded re- and others who took to the streets and, zations like Komen for the Cure, nearly search has resulted in the treatment in a variety of grassroots ways, decided 75 percent of women over the age of 40 that has raised the 5-year survival rate to take this curse, really, which is now receive regular mammograms for women with localized breast cancer breast cancer, out of the closet and compared to just 30 percent when the from 80 percent in the 1950s to nearly 98 into the spotlight where attention campaign started in 1982. The 5-year percent as we stand here today. could be paid to it. We have seen that survival rate for breast cancer was just I would like to thank the author of more and more women are surviving, 74 percent in 1982. Today, it is 98 per- the resolution, Mr. GERALD CONNOLLY but there is much more work to do in cent. Numbering more than 2.5 million of Virginia, for his leadership in hon- extending screening and treatment fellow Americans, breast cancer sur- oring the Susan G. Komen Global Race here and abroad. More research is need- vivors now are the largest group of any ed into how we can better detect and for the Cure. I encourage all of my col- cancer survivor community in the treat breast cancer, and more work leagues to vote in favor of this resolu- United States of America, but more needs to be done to ensure that sur- tion. needs to be done. vivors have the tools they need to navi- I reserve the balance of my time. gate the complexities of treatment, Mrs. CAPPS. Madam Speaker, I con- b 1145 symptom management and follow-up cur with my colleague from Nebraska Through the Department of Defense care. as to the significance of our local peer-reviewed Breast Cancer Research This Saturday will be the 20th Susan races, and I have a feeling that this Program, we already have invested G. Komen Race for the Cure here in weekend there will be many from Cap- more than $2.1 billion in the ongoing Washington, D.C. In recognition of the itol Hill who will also be participating search for a cure, and the Fiscal Year global scope of breast cancer this year, in the Washington, D.C. event. As a sis- 2009 Omnibus Appropriations Act in- the race’s name has been changed to ter of a breast cancer survivor, I know cluded another $150 million for this the Susan G. Komen Global Race for this is a very personal story for almost purpose. the Cure. everyone today. We are also considering legislation, I want to thank our colleagues, Rep- With great pleasure, I yield to the Madam Speaker, initiated by my col- resentatives CONNOLLY, WASSERMAN author of the legislation, Representa- league Congresswoman DEBBIE SCHULTZ and SABLAN, for their leader- tive CONNOLLY from Virginia, for such WASSERMAN SCHULTZ of Florida, who ship on this issue. I urge my colleagues time as he may consume. also is an original cosponsor of this to join me in supporting this resolu- Mr. CONNOLLY of Virginia. Madam resolution and a survivor, to better tion. Speaker, I thank my colleague from educate young women about the threat Madam Speaker, I reserve the bal- California, and I thank my colleague of breast cancer and other related bills ance of my time. from Nebraska for his kind remarks. that would provide greater protections Mr. TERRY. I yield myself as much I rise in strong support of H. Con. to patients being treated for breast time as I may consume. Res. 109, honoring the Susan G. Komen cancer. Madam Speaker, I appreciate work- National Race for the Cure. Mr. Speaker, let me also note that we ing with the gentlewoman from Cali- This Saturday, June 6, 2009, marks anticipated having our original cospon- fornia. We work on a lot of our health the 20th anniversary of the race here sor, Congressman GREGORIO SABLAN, bills together. That’s the spirit of com- on the National Mall in the Nation’s with us today on the floor, but he is at- ity in the Energy and Commerce Com- Capital. More than 50,000 race partici- tending his son’s graduation back mittee. pants, including 4,000 breast cancer home in the Northern Mariana Islands.

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.005 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6092 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Succeeding in this effort will require is, in fact, the leading cause of death to the floor and speaking about her continued persistence from us and from among women worldwide. personal experiences. The courage that the thousands who will converge this To be sure, while we have come a she has in speaking about this openly, weekend on the National Mall and from long way in the fight against breast educating people across the country, races all across the globe in the cancer, we still have too far to go. This she’s very special; and I’m glad she months to come. The National Race for year in the United States alone, over came down. the Cure is just one of more than 120 190,000 women will be diagnosed with I want to congratulate all of the D.C. Race for the Cure events that will be breast cancer. Many of those women employees of our staffs that will be held internationally this year. With will be younger than 45 years old. Each participating in the Race for the Cure more than 1.3 million diagnoses each year, 28,000 women younger than 45 are this weekend. I wish them well. Raise year, breast cancer is the most fre- diagnosed with breast cancer, and far lots of money. This is one of the truly quently diagnosed cancer worldwide too many of them lose their battle. great organizations, and it is the sym- with incident rates increasing by as Forty-thousand of the women diag- bol of grassroots efforts for a cure for much as 5 percent annually in low-re- nosed nationwide will not survive. breast cancer. I wish them well this source countries. Sadly, despite the Globally, over 1.3 million women will weekend as well as all of the other progress we’ve made in 5-year survival be diagnosed with breast cancer, and walks and runs that will occur in most rates, it’s also the leading cause of almost half a million will die. That is cities across the Nation over the next death for women worldwide, claiming why we cannot rest in our efforts to few months. more than half a million lives each fund research and find a cure for this I yield back the balance of my time. Mrs. CAPPS. I want to thank my col- year, according to the World Health insidious disease, and it is why we can- league from Nebraska and to acknowl- Organization. At that rate, a woman not rest in our efforts to provide edu- edge that this is truly one bipartisan will die from breast cancer virtually cation and awareness for all women. issue that we all agree upon. And as every minute of every day in the year. We must ensure that they have access our colleague from Florida has issued To emphasize the significance of those to screening and treatment, and we us all a challenge, we now have a goal numbers, the Komen Foundation is re- must do all we can to support the more to try to reach here with our staffs and naming its annual race as the Global than 2.5 million survivors in our coun- on the Hill, from the Hill as we partici- Race for the Cure, reflecting its global try alone. pate. I want to thank the sponsors of mission to end breast cancer wherever As many of you know, I recently had my own battle with breast cancer. I am the race for expanding their scope and it is found, at home or abroad. now for this resolution being known as Mr. Speaker, as we prepare for this both grateful and humbled to count the Susan G. Komen Global Race for weekend’s race, I invite survivors and myself among this growing group of the Cure and to acknowledge this day supporters to join the team from my passionate survivors. I was fortunate coming, June 6, 2009. office if you do not already have some- to have access to the treatment and Mr. SABLAN. Mr. Speaker, I rise today in support that I needed to win my own body to walk with or run. We can be support of House Concurrent Resolution 109. fight. Through efforts like the Race for found under CONNOLLY’s Cruisers on Many, many families across the United States the Cure, we can all work together to the race Web site. Much like the cherry have had their lives irrevocably changed be- make sure that everyone has that same blossoms do in the spring, we will turn cause of a diagnosis of breast cancer. Many opportunity. the National Mall a vibrant shade of of these families have lost a loved one, a So thanks to the many people par- pink this weekend as we come together mother or sister or daughter, or even a father, ticipating in this year’s race—the to demonstrate the urgency and neces- brother, or son, to this devastating disease. sity for finding a cure. countless volunteers, the supporters, The statistics surrounding breast cancer are Mr. Speaker, I urge all of my col- the runners, walkers and all the staff sobering. One in eight women in the United leagues to join us in supporting this of Susan G. Komen for the Cure for States will be diagnosed with breast cancer in very important effort. making this event an annual reality. her lifetime. Though there are 2.5 million sur- Mr. TERRY. I continue to reserve the And thanks to my colleague and friend vivors in the United States today, many more balance of my time. Representative GERRY CONNOLLY for lives could be saved with the benefit of better, Mrs. CAPPS. Mr. Speaker, it is with his leadership in sponsoring this impor- earlier detection and more effective treatment. great pleasure that I yield as much tant resolution and for working with The problem is just as serious in other na- time as she may consume to our col- myself and Delegate GREGORIO SABLAN tions around the world. Breast cancer is the league from Florida (Ms. WASSERMAN to honor the work of everyone fighting most frequently diagnosed of all cancers SCHULTZ) whose connection to this against breast cancer. And congratula- worldwide, with more than 1.3 million diag- topic is the most personal you can get. tions to Mr. SABLAN’s family on his noses each year. It is also the leading cause Ms. WASSERMAN SCHULTZ. I child’s high school graduation. of death among women around the world, with thank the gentlelady from California I urge my colleagues to support this over 465,000 deaths each year. for the time. wonderful resolution and to take a mo- Imagine that for a moment—465,000 chil- Mr. Speaker, I rise in strong support ment to honor all of those we have lost dren without mothers, fathers without daugh- of House Concurrent Resolution 109, in this fight and also those that strug- ters, sisters and brothers without their siblings. which honors the 20th anniversary of gle on. Let us not stop until the race is And these are people from every walk of life, the Susan G. Komen Race for the Cure. won. Early detection is the key. I did of every age, and in every corner of the globe. Susan G. Komen for the Cure is the not find my tumor through luck. I Fortunately for all of us, there are many or- largest and most progressive group of found it through education and aware- ganizations whose mission is to improve re- breast cancer activists in the world. So ness. All women and all families in this search and education surrounding this dev- it is no surprise that the race, now in country deserve access to that edu- astating disease. Through their efforts, its 20th year, is the world’s largest and cation and awareness. groundbreaking treatments have raised the 5- most successful fundraising event in Let me just issue a little challenge to year survival rate for women with localized the fight against breast cancer. Over the 13 teams in the congressional divi- breast cancer from 80 percent in the 1950s to the years, participants have raised tens sion competing in the Race for the 98 percent in 2008. of millions of dollars to fund screening, Cure this Saturday. Let’s show all the Among these organizations is the Susan G. treatment and education programs for other teams what our congressional Komen Foundation. Komen’s fundraisers, in- the medically underserved. And with teams can do, step up our efforts in the cluding the Race for the Cure and the Breast over 120 races across the globe, it is fit- last few days, and really increase the Cancer Three-Day, have raised tens of mil- ting that when the thousands of run- participation of the Members and staff lions of dollars that will help people around the ners, walkers and, yes, even sleepers of the congressional division for the world improve detection, treatment, and edu- participate this Saturday, they will be Global Race for the Cure. cation—since its inception, Komen alone has part of the newly named Global Race Mr. TERRY. I have no further speak- invested more than $1.3 billion in such pro- for the Cure. The new name is also fit- ers. I will just say that I really appre- grams. ting because we know that breast can- ciate the gentlelady from Florida (Ms. Komen’s annual National Race for the Cure cer respects no national boundaries and WASSERMAN SCHULTZ) for coming down will take place this weekend in Washington,

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K03JN7.030 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6093 D.C.—the 20th such race. More than 50,000 certainly deserves our recognition for the great H. RES. 437 participants, including survivors of breast can- work it has accomplished. Whereas the mental health and well-being cer, family members of patients, and others, Mr. Speaker, as a strong advocate for of people in the United States is a issue that will help medical research move forward and breast cancer research, community outreach, affects not only quality of life, but also the benefit many more men and women in the fu- and awareness campaigns, I am pleased to health of our communities; add my voice of support for House Concurrent Whereas the stigma associated with men- ture. tal health continues to persist; Last year, my district even fielded its own Resolution 109. Whereas more than 57,000,000 people in the team to participate in the Breast Cancer 3-Day Mrs. EDDIE BERNICE JOHNSON of Texas. United States suffer from mental illness; Walk in Seattle. The ‘‘Saipan Sweet Feet’’ Mr. Speaker, I rise today to commemorate the Whereas approximately 1 in 5 children and team included Bobbi Grizzard, Marian Aldan 20th anniversary of the Susan G. Komen adolescents has a diagnosable mental dis- Pierce, Clarie Kosak, Pam Brown, Rhoda Race for the Cure in the Nation’s Capital and order; Smith, Roberta Guerrero, Kazuyo Tojo, and its transition, on June 6, 2009, to the Susan Whereas more than a quarter of our troops Corrine Loprinzi. I hope others will participate G. Komen Global Race for the Cure. With its suffer from psychological or neurological in- in these wonderful events this year. headquarters located within my congressional juries sustained from combat, including I wish, along with my colleagues, to con- major depression and post-traumatic stress district in Dallas, Susan G. Komen for the disorder; gratulate the participants in this race and Cure reaches out both nationally and globally Whereas more than half of all prison and thank them for dedicating their time and to women affected by breast cancer. I am jail inmates suffer from mental illness; money to such a cause, to express my admi- pleased to honor the foundation today as they Whereas major mental illness costs busi- ration for the strength and courage of breast celebrate their achievements and continue to nesses and the United States economy over cancer survivors, to honor the Susan G. move forward in creating a world without $193,000,000,000 per year in lost earnings; Komen foundation for its work, and to offer my breast cancer. Whereas untreated mental illness is a heartfelt condolences to those who have lost Susan G. Komen for the Cure was founded cause of absenteeism and lost productivity in the workplace; friends and family members to this disease. by Nancy G. Brinker in 1982 on the basis of Ms. WATERS. Mr. Speaker, I rise in strong Whereas in 2006, over 33,000 individuals fulfilling a promise she made to her sister, committed suicide in the U.S., nearly twice support of House Concurrent Resolution Susan G. Komen. Her promise was to end the rate of homicide; 109—Honoring the 20th anniversary of the breast cancer forever. Since its establishment, Whereas suicide is the third leading cause Susan G. Komen Race for the Cure in the Na- Susan G. Komen has raised $1.2 billion from of death among people between the ages of 15 tion’s Capital and its transition to the Susan G. events like the Race for the Cure, contributing and 24; Komen Global Race for the Cure on June 6, the largest source of non-profit funds dedi- Whereas in 2004, individuals age 65 and 2009. I commend my colleague Representa- cated to fighting breast cancer. As a result, older comprised only 12.4 percent of the pop- ulation but accounted for 16.6 percent of all tive GERALD E. CONNOLLY for bringing this there have been several advances in the fight measure before the floor. suicides, and the rate of suicide among older against breast cancer. There is now increased people in the United States is higher than Breast cancer has had a devastating impact government funding in cancer research, pre- for any other age group; on women worldwide, as 1.3 million cases are vention, and funding, and an increased Whereas 1 in 4 Latina adolescents report diagnosed each year. In a 2009 report, the chance of survival due to earlier detection. seriously contemplating suicide, a rate high- National Cancer Institute estimates there will Over the next ten years, Susan G. Komen er than any other demographic; be 192,370 new breast cancer cases among for the Cure will continue to contribute to the Whereas studies report that persons with women living in the United States. And in ad- fight against breast cancer. The foundation serious mental illness die, on average, 25 years earlier than the general population; dition to these statistics, the disease continues plans to invest an additional $2 billion to help to pose unique challenges to the African and find a cure for breast cancer and better the Whereas it would be appropriate to observe American community. Clearly, we must con- lives of women all across the world. As a May 2009 as Mental Health Month: Now, tinue to educate and inform the American pub- former nurse, I am honored to congratulate therefore, be it lic about breast cancer and the importance of them on their 20th anniversary of the Race for Resolved, That the House of Representa- being proactive in having regular medical the Cure in the Nation’s Capital, as well as tives— screenings, particularly focusing on individuals their transition to a global organization. (1) supports the goals and ideals of Mental that belong to high-risk demographics. Accord- Mrs. CAPPS. I yield back the balance Health Month in order to place emphasis on ingly, the Susan G. Komen Race for the Cure of my time. scientific facts and findings regarding men- has achieved great strides in raising money tal health and to remove stigma associated The SPEAKER pro tempore (Mr. therewith; for breast cancer research, community initia- HOLDEN). The question is on the motion (2) recognizes that mental well-being is tives, and educating women about the dis- offered by the gentlewoman from Cali- equally as important as physical well-being ease. fornia (Mrs. CAPPS) that the House sus- for our citizens, our communities, our busi- The impact of cancer within the African pend the rules and agree to the concur- nesses, our economy and our country; American community has been particularly rent resolution, H. Con. Res. 109. (3) applauds the coalescing of national and devastating. The mortality rates for Blacks with The question was taken. community organizations in working to pro- breast, colon, prostate, and lung cancer are The SPEAKER pro tempore. In the mote public awareness of mental health and providing information and support to the much higher than those of any other racial opinion of the Chair, two-thirds being group. Although African American women are people and families affected by mental ill- in the affirmative, the ayes have it. ness; and less likely to be diagnosed with breast cancer Mrs. CAPPS. Mr. Speaker, on that I (4) encourages all organizations and health than other racial and ethnic groups, they are demand the yeas and nays. practitioners to use Mental Health Month as 35 percent more likely to die from the disease. The yeas and nays were ordered. an opportunity to promote mental well-being This is due in part to the fact that Black and The SPEAKER pro tempore. Pursu- and awareness, promote access to care, and Hispanic women are less likely to receive ant to clause 8 of rule XX and the support quality of life for those living with breast cancer screening with mammograms Chair’s prior announcement, further mental illness. than White women. proceedings on this motion will be The SPEAKER pro tempore. Pursu- Research has proven that early detection is postponed. ant to the rule, the gentlewoman from California (Mrs. CAPPS) and the gen- essential in increasing an individual’s chance f of beating the disease. Thus, community out- tleman from Nebraska (Mr. TERRY) reach and education go a long way in com- SUPPORTING MENTAL HEALTH each will control 20 minutes. bating breast cancer mortality rates. The MONTH The Chair recognizes the gentle- Susan G. Komen Foundation has invested Mrs. CAPPS. Mr. Speaker, I move to woman from California more than $1.3 billion in breast cancer re- suspend the rules and agree to the reso- GENERAL LEAVE search, education, and community health serv- lution (H. Res. 437) supporting the Mrs. CAPPS. Mr. Speaker, I ask ices that have raised awareness and improved goals and ideals of Mental Health unanimous consent that all Members treatment, helping more people survive the Month, as amended. may have 5 legislative days in which to disease and creating a strong support commu- The Clerk read the title of the resolu- revise and extend their remarks. nity of breast cancer survivors. Undoubtedly, tion. The SPEAKER pro tempore. Is there the organization has done much to advance The text of the resolution is as fol- objection to the request of the gentle- our national fight against breast cancer, and it lows: woman from California?

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.014 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6094 CONGRESSIONAL RECORD — HOUSE June 3, 2009 There was no objection. mental disorders. I encourage all of my highest percentage in the United Mrs. CAPPS. Mr. Speaker, I yield colleagues to vote in favor of this reso- States of attempted suicides. myself such time as I may consume. lution. And a new study just recently re- I rise today in strong support of I reserve the balance of my time. vealed that fifth-graders who believe House Resolution 437, supporting the Mrs. CAPPS. Mr. Speaker, it’s a they have experienced racial discrimi- goals and ideals of Mental Health pleasure to yield to the author of this nation are at increased risk for depres- Month. I would like to thank my col- legislation, our colleague from Cali- sion, attention deficit disorder and league Congresswoman NAPOLITANO for fornia (Mrs. NAPOLITANO) as much time other mental health problems. And un- her leadership on this issue. This reso- as she may consume. fortunately, Hispanics are three times lution underscores the importance of Mrs. NAPOLITANO. I thank the gen- more likely to have those symptoms. mental health for the overall well- tlewoman from California. And blacks, , are being of Americans, the health of our I certainly am very grateful that this twice as likely to be affected by these communities and the Nation’s eco- has been put on the agenda, and I’d cer- symptoms. nomic strength. It’s an opportunity to tainly like to thank Chair WAXMAN and Then we go into our troops, our sol- commend the important work of health Ranking Member BARTON of the Energy diers, our returning veterans. More practitioners who, together with na- and Commerce Committee for pro- than one in five Iraq and Afghanistan tional and community organizations, moting this resolution. veterans will suffer from mental health are so dedicated to the promotion of Every year we recognize in the conditions, whether it is PTSD, depres- mental health. These practitioners, United States May as the National sion, even traumatic brain injury. these organizations, work tirelessly to Mental Health Month. Now today with There is increased news coverage on improve awareness of mental health House Resolution 437 we do so with this. It happens every day. We hear and issues. As a nurse, I especially welcome great joy and sometimes with great we see the reports about the effect it this opportunity to recognize the con- trepidation. Mental health is an impor- has on some of our men and women tributions of so many of my colleagues. tant issue that deserves attention year who have gone and served two, three, Over 57 million Americans suffer round. For too long there’s been an as- four and sometimes as many as five de- from mental illness. Mental illness is sociated stigma with mental health. ployments. We continue to bring that the leading cause of disability in our You don’t want to talk about it. You to the forefront because we owe those Nation; and when left untreated, men- don’t want to hear it. You don’t want servicemen and women the ability to tal illness is a leading cause of absen- to see it. But we must continue to be able to assimilate back into society teeism and lost productivity in the work to remove the stigma, the barrier and help them by delivering mental workplace. This resolution knows that to knowledge, to make more awareness health services that they will des- mental illness disproportionately af- available and increase access to mental perately need not 1 month, not 5 fects a number of groups, including the health services both to our military months, maybe not years, but maybe elderly, adolescents, young adults, mi- and also to our young men and women, somewhere along the line they are norities and now, most especially we whether it’s at the schools, at the uni- going to be able to have somebody help note, our troops returning home from versities, in the different areas where them out. combat. Despite the prevalence of men- it’s more prevalent. We have found We must educate ourselves. We must tal illness in our society, this resolu- that early detection, intervention and educate our families. We must educate tion appropriately highlights the stig- assistance is very key to being able to our loved ones what may happen to a ma still associated with many of these have productive citizens in this area. returning veteran, how to recognize it conditions and that the stigma per- Our U.S. Surgeon General has esti- and how to refer them for help and as- sists. Even though we have passed men- mated that over 57 million Americans sistance in being able to deal with the tal health parity legislation, we have suffer from mental illness, and it af- symptoms that will not enable them to so much more work to do to fully real- fects everybody. It crosses boundaries. keep a job and be able to be productive ize equal benefits for mental illness It does not rise to gender or political citizens. They need to learn the symp- prevention and treatment. For this parties. It is affecting everybody. It toms of post-traumatic stress syn- very reason, it is important to support does not discriminate. drome. the goals and ideals of Mental Health One in five children in the United Families are also impacted, wives, Month while also working to reduce States has a mental disorder. This is the children, the separation, the long the stigma associated with mental ill- according to the U.S. Surgeon Gen- separations of the father or the moth- ness. eral’s report. And fewer than 20 percent er, whatever the case may be, from I urge my colleagues to join the bi- of these children receive the mental their parent, the primary care pro- partisan sponsors of this bill in sup- health services they desperately need. viders and all physicians, nurses, psy- porting Mental Health Month. chologists and psychiatrists must also b 1200 Mr. Speaker, I reserve the balance of learn how to be able to recognize my time. Seventy to ninety percent of those PTSD, which is a little bit separate Mr. TERRY. Mr. Speaker, I yield my- treated do experience reduction of than trauma, to ensure that all these self as much time as I may consume. symptoms. So we know treatment is men and women receive the care they I, too, rise in support of House Reso- very effective. We just know that we need. The most common problem in the lution 437, acknowledging the month of don’t have sufficient funding to allow military culture, of course, is the fear May as National Mental Health Month. for that treatment to be made avail- of how this will impact their military Mental health has been recognized by able to everybody that needs it. And career. And I’m glad to say that some Congress for over 50 years and has con- based on the Surgeon General’s report, of our military leaders are beginning to tinued to raise awareness in our com- suicide is the third leading cause of recognize that this is an important munities and lower the stigma associ- death of young people ages 10 to 24. We way to be able to help their men and ated with mental disorders. I would are losing a lot of youngsters who will women in service remain in service and like to express my gratitude to the na- not have an opportunity to provide us be a part of their troops or their units. tional and community organizations with their knowledge, expertise and And we must continue to bring that working to promote public awareness support in the future years of America. forth and be able to assure them that of mental health and providing the Mental illness also disproportion- they will not lose their ability to be proper information for families af- ately affects minorities. In 1999, a able to be promoted. fected by mental illness. Your work is study done called ‘‘The State of His- We must train those military leaders critical to increasing the quality of life panic Girls in the United States’’ said and educate them, the doctors, the for those with mental illness. I would one in three was reported considering corpsmen and the nurses on how to like to thank the author of the resolu- suicide in ages 9 to 11. Currently the treat PTSD and ask the soldiers to tion, Mrs. GRACE NAPOLITANO, who was Hispanic rate for young girls remains identify signs and symptoms of it with a classmate of mine, for her leadership the highest. Although it has been low- mild TBI, traumatic brain injury, to in helping Americans while addressing ered somewhat, it still remains the reinforce the collective responsibility

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.032 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6095 to take care of each other. All of us no small problem. With one in five cide and depression and post-traumatic must work together to ensure our children and adolescents, with some- stress disorder in our returning sol- troops, who have given so much, are where between 17 percent to 24 percent diers, and with good reason. Right now, taken care of. And at home, our econ- of our returning soldiers affected with more soldiers die from suicide than omy, as pointed out by my colleague, mental illness, it is of great concern to from combat. It is also something that Mrs. CAPPS, has caused struggle. So us. Unfortunately, the problem that so is contributing to those soldiers who have our minds. The recession has often comes up with mental illness is have returned who have some mental taken a toll on our families. Economic not that it is not diagnosable, for it is. health problems may actually engage uncertainty is causing stress, anxiety It is not that it is not treatable, for it in highly risky behavior, driving fast, and depression. The worrying about is very treatable. The problem is for so more drinking and more drugs, which losing their homes or their jobs, wor- many, the chosen treatment and ap- leads to further problems for families rying about the children and the retire- proach to mental illness is denial. and more undetected mental illness. ment, if they are going to be able to re- What we do is we deny its significance, The Navy, for example, has estab- tire or has their retirement fund gone we deny its existence, and therefore we lished programs where they actually somewhere. deny the treatment to so many. send teams of Navy psychologists and It affects not only the quality of life In some ways, we have not advanced sociology workers out to see where but also our U.S. economy. Major de- beyond those Puritanical days of the they can return with the veterans and pression is the leading cause of dis- Salem witch trials, where prejudice work with them while they are onboard ability in the United States. The Na- haunts the ability to get help, so peo- ship, helping to identify problems, tional Institute of Mental Health re- ple who have need of mental health screen them and get them involved ports that serious mental illness costs treatment avoid it, families are not with the help they need. The Army is the Nation at least $139 billion a year supportive of it, employers oftentimes also advancing in this, as the Marines in lost earnings alone. So we must con- will dismiss employees without under- and the Air Force, and that is good, be- tinue to have businesses know that in- standing what it is, and quite frankly cause over the last couple of centuries cluding them in the health provision of even here in Congress people have an in our country, if you look at the pic- services will help them be able to cut awareness that is, well, dated, to say tures, the photographs, the drawings down on lost productivity in other the least, when we do not understand and the paintings of our military, the areas. Again we must remove the stig- that the way we need to approach men- ships have changed, the uniforms have ma. We must remove the barrier to tal illness is to vigorously approach it changed, the guns have changed and knowledge and bring more awareness and treat it. the weapons have changed. But the sol- and increase mental health services. In the workplace, when mental ill- diers have remained the same. Over the Again, early detection and interven- ness is something that is part of some- last century, we referred to such things tion and assistance is key. one’s treatment insurance plan, we find as ‘‘combat fatigue’’ or ‘‘battle fa- I encourage all my colleagues to sup- that it actually saves money for em- tigue.’’ And for the longest time, sol- port House Resolution 437 to recognize ployers because those employees get diers were treated with ‘‘three hots and May as Mental Health Month. We all back to work. When we find that em- a cot’’ as a method of treatment. But know of someone who suffers from ployees are denied mental illness treat- now we are recognizing that teams of some kind of debilitating disorder. ment, and may I also add Medicare for mental health professionals in the the- Even women with breast cancer; know- the longest time also did not cover ater of combat are very helpful. ing that they have an issue with cancer mental illness treatment, we find peo- Recently the combat stress center in is disabling. We must recognize also ple worse. People who have chronic ill- Iraq at Camp Liberty came literally scientific facts and findings, increase ness have twice the risk of mental ill- under some fire, however, when one awareness of services and how it affects ness. People with chronic illness, which person they were treating allegedly the quality of life, the health and well- is 75 percent of our health care cost, walked into this combat stress facility being of our communities and our eco- have twice the risk of mental illness. and opened fire. He had had his weap- nomic stability. Let’s work together to And yet for many years, Medicaid ons taken away, but then on his way improve our lives and ask for support didn’t cover it, and many insurance back after he was dismissed from there of House Resolution 437. plans still do not. When you have a and told to come back later, he took Mr. TERRY. We greatly appreciate chronic illness and you have mental someone’s gun, came back and opened the gentlelady from California’s com- illness combined together, the health fire. Two therapists and three people ments. And it was very striking that waiting for care were all killed. It is out of the age group of ninth-grade to care costs double. They double. And it is important that we treat this with all worth noting that one of those people eleventh-grade young ladies in that de- waiting for care stood up and tried to mographic that one in three would con- of the tools possible. Unfortunately, many times mental stop him from killing others, and that template suicide. That is just stunning. person was killed in the process. So The Energy and Commerce Com- illness is treated only by pharma- ceutical approaches. Some 75 percent even in the course of trying to get mittee has a real asset on mental some help, we have somebody who of mental illness drugs are prescribed health as well as an advocate for treat- stood as the hero. ment, awareness and education in the by nonpsychiatrists. That is unfortu- I had mentioned early on that denial gentleman from Pennsylvania who is nate because I’m sure that many heart is a huge problem, and it is important our resident psychologist on the com- surgeons with their cardiac patients that all of us understand post-trau- mittee. We use him a great deal. would not be very happy if noncardi- matic stress disorder and acute anxiety And I would yield as much time as he ologists treated the heart patients. disorders in our returning veterans. Be- may consume to the gentleman from And it goes on. But unfortunately when cause whether you are a family mem- Pennsylvania (Mr. TIM MURPHY). insurance plans do not pay for it, that ber, you are a friend or you are a mem- Mr. TIM MURPHY of Pennsylvania. I is the only recourse. ber of the American Legion or the thank the gentleman from Nebraska. There is one particular group of folks VFW, it is the responsibility of all of And, Mr. Speaker, I also want to thank suffering from mental illness that have us to look out for these returning citi- my friend and colleague from Cali- been mentioned a couple of times here, zens and help them get the help they fornia, GRACE NAPOLITANO, who has and that is our returning veterans from need. been a great advocate. And I’m pleased Iraq. Initial studies have suggested Watch for these symptoms: to serve with her as leaders on the that some 17 percent of combat vet- Recurrent and intrusive distressing Mental Health Caucus. Her passion for erans may suffer from post-traumatic recollections of an event, including im- working to bring awareness to our Na- stress disorder. More recent studies ages, thoughts and perceptions such as tion and more treatment to those with suggest that of those who are coming seeing a comrade’s dead body or experi- mental illness is truly commendable back who actually experienced combat, encing flashbacks of the sounds of ex- and admirable. those numbers may be as high as 24 to plosions and screaming; With 57 million people in this coun- 25 percent. The military has made re- Recurrent and distressing night- try suffering from mental illness, it is markable advances in dealing with sui- mares of the traumatic event;

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.033 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6096 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Intense psychological distress when that invisible, silent battle that goes eration that’s going to become a senior exposed to cues or reminders of any as- on inside their own heart and in their boom generation, where so many of our pect of the trauma, such as the back- own mind is something that we need to baby boomers are going to be elder firing of a car or an explosion that be reaching out and paying attention boomers. They’re going to be elderly, could set someone off again; to. And as we look at Mental Health and the demand for new nurses is going Extreme physical reactivity, such as Month, as we have just come back from to be extraordinary. And we don’t racing pulse, sweating, and intense Memorial Day, as we continue to see have, right now, the necessary popu- fear, when exposed to any cues or re- the yellow ribbons fly from trees and lations of nurses to deal with that. minders of the trauma. This could even posts in every hometown of America as Many people write off senior citizens’ be set off in Vietnam veterans or World our soldiers return home, as we con- dementia, if you will, as part of grow- War II veterans when they watch a pro- tinue to send our notes and our e-mails ing older. They say, Oh, Grandma. gram or a movie on television; and our care packages to our veterans, Well, that’s Grandma. That’s the way Persistent avoidance of any re- let us remember that we must continue they are when they’re nonresponsive. minder, not wanting to talk about it, to reach out for the veteran who has Well, frankly, I certainly don’t want avoiding any thoughts, activities, borne the battle, for their orphans and to be treated that way when I grow old, places or people, of the traumatic for their spouses and for those persons and I dare say anybody watching this event; who have come back with that silent doesn’t want to be treated that way A general numbing in responsiveness, problem of the posttraumatic stress when they grow old. And the fact of the such as the person feels detached and disorder and other disorders. We will matter is, for most older people, it estranged from others and may have work with them. We will help them. isn’t dementia that leaves them iso- little range in emotion and few strong And God bless our veterans. And again, lated and with their heads down; it’s feelings. Oftentimes this is a concern I thank the sponsor for this bill on depression. It’s depression. And who raised by spouses when their spouse re- Mental Health Month. wouldn’t be depressed if you’re a senior turns home from combat, and they say Mr. TERRY. Mr. Speaker, I ask unan- citizen and you’ve lost your life mate he or she is just not the same anymore. imous consent that the gentleman after over 40 years of marriage, if The emotions are blunted. They have from Pennsylvania (Mr. TIM MURPHY) you’ve had to pick up and sell your less ability to show the depth of emo- may control the balance of my time. house because you’ve no longer been tions, less interest in the children. The SPEAKER pro tempore. Is there able to afford it any longer, if your They may also have a sense of a objection to the request of the gen- children and grandchildren are scat- foreshortened future; having come tleman from Nebraska? tered all across the country and very close to death, they may see their own There was no objection. rarely visit you any longer, if now death and problem as imminent and Mrs. CAPPS. Mr. Speaker, it is with you’re confined to an elderly-only high may engage in more risky behavior. great honor that I now yield as much rise. I would imagine that would be They may have hypervigilance. They time as he may consume to our col- pretty depressing for a lot of elderly may be constantly scanning the envi- league from Rhode Island, PATRICK people, and for many of them, it is de- ronment for danger, even when there KENNEDY, who has championed this pressing. And so we are working on the are no problems. They may be driving issue for as long as he has been a Mem- Positive Aging Act, which will address along the highway, if they were per- ber of Congress and really made us the needs of our senior centers and the haps the driver of a Hummer in Iraq, very much aware of the need, and then needs of our seniors with regards to they may be constantly scanning the the passing of the resolution for the that. road to see, are there problems ahead? legislation for mental health parity. But I also want to acknowledge my They may have an exaggerated star- And I now yield time. good friend and colleague, GRACE tle response, especially to sudden Mr. KENNEDY. Mr. Speaker, I would NAPOLITANO, who has been so wonderful movement or loud noises. They may like to thank the gentlelady from Cali- in her efforts to lead the charge of the have poor concentration, irritability fornia (Mrs. CAPPS). Thank you for all Mental Health Caucus. And GRACE and anger. And anger is an important your good work on health care. As a NAPOLITANO has been a terrific cham- symptom that we need to pay atten- former nurse, you know full well of the pion for making sure that our young tion to for depression and anxiety dis- challenges of making sure that we have people are also included in on these orders and post-traumatic stress dis- adequate supply of providers and how issues of mental health because she has order for veterans. And of course they important it is for us to address the seen in her own neighborhoods, that we may have disturbances in one’s ability needs of those with mental illness by may talk about war overseas and the to sleep. making sure that there are enough pro- posttraumatic stress that our veterans Many times the veteran will work to- viders out there who are adequately suffer when they go into harm’s way, wards self-medicating, alcohol and educated in the field of mental illness. and they come back and they’re suf- drugs, and, of course, keep that quiet And I appreciate your cosponsorship on fering from reconciling all this vio- from others too. They may find them- the Child Work Force Reduction Act, lence to the new world they’re coming selves not sleeping at night but having which will address the need of bringing back to, and they have to readjust to a job where they sleep a lot during the in more child and adolescent mental the main life of everybody else, and day so they can hide this from others. health workers into the workforce field they have to somehow come home, and But what is so important, as I said in to deal with children and adolescents a lot of them suffer from PTSD. Well, the outset, is that denial is not appro- who need mental health care, because you can imagine, these are adults. priate treatment, and that the rest of right now we’re at a critical stage in These are fighting men and women, the us do not get engaged in denial too. It this country with respect to the need men and women of our Armed Forces, is absolutely essential that we support for our children to gain access to pro- and they have adult coping mecha- our returning veterans no matter what. viders willing to take care of those spe- nisms. And even adults, with adult cop- Regardless of someone’s political cial needs that children have in the ing mechanisms, have posttraumatic views, we need to stifle our own com- area of mental health. And nurses and stress disorder. ments and understand they were doing doctors are in great need for those rea- So imagine what a child is facing in what we asked them to do. They were sons. And LOIS CAPPS has been really a barrio in East Los Angeles, or in a following orders. one of the champions in the area of borough in Upper Manhattan, or a trying to provide greater numbers of neighborhood in South Providence, or b 1215 nurses and professionals who can take Pawtucket, Rhode Island, imagine the And, quite frankly, they were doing on the enormous challenges ahead. coping mechanisms that the children it pretty darn well. And they accom- In addition to that, Mrs. CAPPS, are going to need to have in those plished their mission, and we’re happy you’ve been very helpful in recognizing areas when they see violence in their to see them returning home. the enormous boom that’s going to own hometowns. In a very real way, But, that being said, the silent battle happen with our aging population. they are suffering from posttraumatic that our veterans continue to fight, We’re going to have a baby boom gen- stress, while not even having to go

VerDate Nov 24 2008 02:02 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.035 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6097 overseas to go see a war because the consequences for individuals, their loved ones, cludes, but is not limited to, access to and war that they are seeing is in their own their workplaces, and the nation as a whole. choice of doctors who approach health as a backyard. They are seeing gunshots in Tragically, individuals with serious mental ill- whole body initiative. their own backyard on a regular basis. ness have a life expectancy of 25 years less Other reform measures necessary to create We have 36,000 people killed by fire- than the general population. a system best posed to treat the health of the arms in this country every year, a far The World Health Organization defines whole body include: instituting rules for stand- cry from the number of people that health as ‘‘a state of complete physical, men- ardized payments; ensuring that clinical ne- have been killed in action over in Iraq. tal and social well-being, and not merely the cessity is the determinant of patient care; re- You know, this is a situation where absence of disease or infirmity.’’ As we work placing underwriting with a ‘‘community rating’’ it’s not a small wonder that there are to reform and reincentivize our health care system that would set premiums based on age so many kids in this country who are system, we must ensure that it is a whole- and location instead of health status of the in- acting out and who are having trouble body initiative, recognizing that mental health dividual; requiring that any denials of coverage with their own mental health needs is integral to overall health, and that optimal be transparent and subject to a meaningful and posttraumatic stress. overall health cannot be achieved without this. and independent review process; promoting So, Mr. Speaker, we have a lot to do With this in mind, we must diligently work to and incentivizing mental health prevention pro- with addressing the mental health ensure that when crafting health care reform, grams; integrating mental health consumers needs of our people, both seniors and we create a health care system that treats the and providers in emerging health information children and, of course, those who suf- whole person. Health care reform policy technology systems; requiring the regular use fer from serious mental illnesses at the should support and encourage practices that of standardized, objective and uniformly ap- same time. fully integrate mental health into primary care. plied clinical outcome measures; and improv- So this is Mental Health Week. We All providers, and in particular primary care ing coordination among social service sectors. need to raise awareness of mental doctors, must be trained and adequately reim- Further, in order to truly achieve the above health. And the most crucial part of bursed, for providing comprehensive and co- stated principles, we need health care reform destigmatizing mental health is for ordinated care—care that approaches health that addresses the underlying, systemic issues people to go online to any of the Na- as a whole body initiative. Primary care physi- in our current system. We are the only indus- tional Institutes of Health, National cians must be given the resources needed to trialized country that treats health care like a Institute on Drug Abuse, National In- adequately address the mental health needs market commodity instead of a social service. stitute of Mental Health and so forth, of their patients. Innovations, like medical Thus, care is not distributed according to med- National Institute on Alcoholism, and homes, are working to improve quality and ical need but rather according to ability to pay. look up the studies, because you will contain cost, but the primary care workforce is Cost savings cannot be discussed without ac- see the biochemical makeup and break- not sufficient to meet the country’s needs. knowledging that 31 percent of all health care down of the brain and how it operates Over the last two decades, fewer medical expenditures in the U.S. are administrative differently for those who are at high students are choosing primary care for a num- costs. The average overhead for private insur- risk of being alcoholics, or at high risk ber of reasons, including reimbursement ance in this country is 26 percent, compared of having a propensity to have a bipo- issues. Payment policies do not adequately to 3 percent for Medicare. The majority of doc- lar disorder or not, or having depres- compensate doctors for the time it takes to co- tors and Americans support a single-payer sion, or those people who may have ordinate care, provide case management, or health care system, yet this option has been other diagnosable mental disorders. address mental health and substance abuse dismissed by many policymakers as unreal- It’s quite striking that what you’ll see issues in the primary care visit. Specialty pro- istic. As elected Representatives of this demo- in these videos that are a result of viders and other physicians must likewise cratic system, we are responsible for rep- these MRIs, these new x-rays of the have training on mental health and substance resenting the views of the public. Therefore, it brain, that you cannot dismiss the no- abuse problems and be trained to provide col- is imperative that we keep this option in the tion that mental illnesses are physical laborative care and case management, and be discussion of health care reform. illnesses. And we know that for a fact, reimbursed accordingly. I hope to work together with my colleagues because if you simply give people who For the 45.7 million Americans without to institute these critical changes to our na- were in total depression before certain health insurance (a number which has grown tion’s health care system. The American peo- medications, it’s amazing how they due to the recent economic downturn), we ple deserve nothing less. blossom in their abilities to now live must create an affordable, quality health care Mr. TIM MURPHY of Pennsylvania. more functional lives after they’ve system in which all Americans are covered. Mr. Speaker, I would just like to add a taken the medications. Providing coverage alone, as it exists now, is few more comments here. We have no So why we would ever treat the brain not a solution onto itself however. The cov- more speakers, and I’ll close with that. unlike any other organ in the body is erage we provide for all Americans must in- But it has to do with this. beyond me. The brain is an organ in clude the full spectrum of evidenced-based As I discuss the issues of our return- the body just like every other organ of mental health care, including both treatment ing soldiers, it is important I add this the body. But unfortunately, in this and prevention services. Mental health cov- element too, and that is that we need country, in our health care system it’s erage should not be subject to restrictive or to reflect to them a tremendous sense treated as if it’s something separate. prohibitive limits when formulating coverage of hope. Many times soldiers in theater What we need to do in health care re- determinations on the frequency or duration of and after they return home are hesi- form is make sure the brain is treated treatment, cost-sharing requirements, access tant to talk with anybody about their holistically, as part of the body. And in to providers and specialists, range of covered symptoms for two fears: one, if they’re any health care reform, it’s got to be services, life-time caps, and reimbursement in theater or combat, they worry that reimbursed holistically in terms of the practices. it will prevent them from going back rest of the health care package. The expansion of insurance coverage is not to their unit. If their deployment is I thank Representative NAPOLITANO for intro- the same as ensuring access. Lack of insur- ending, they are worried that it will ducing this resolution in support of the goals ance is only one of the many barriers to care delay them from coming home; and and ideals of Mental Health Month. I rise for those seeking mental health services. they also are concerned that it will af- today to speak to those goals, and the need Those with coverage also face financial bar- fect their promotion, their advance- to integrate them into health care reform. riers to care due to prohibitive cost sharing re- ment, their continuation in the mili- According to the Institute of Medicine, to- quirements, limited access to providers, and tary, and they don’t want to let their gether, mental and substance-use illnesses denials of coverage for mental health condi- fellow soldiers down or themselves. are the leading cause of combined death and tions. Once all Americans have health insur- What our military is working on, disability for women of all ages and for men ance, coverage must provide for access to af- however, is making sure they under- aged 15–44, and the second highest for all fordable, high quality care. Current barriers to stand that our duty as mental health men. When appropriately treated, individuals care within the health insurance system must professionals is to make sure they’re with these conditions can recover and lead be eliminated, and mental health coverage back to full form, and, in fact, that is satisfying and productive lives. Conversely, must include access to the full spectrum of something that’s a change of how the when treatment is not provided or is of poor evidenced-based care for both prevention and military has handled this. Whereas, in quality, these conditions can have serious treatment of mental health conditions. This in- the past someone would be pulled out

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.038 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6098 CONGRESSIONAL RECORD — HOUSE June 3, 2009 of their unit if they could, now the in 2003, total spending on psychiatric drugs awareness of mental health conditions but work is to get them back on their feet for children exceeded spending on antibiotics also aid citizens in their ability to combat as fast as possible, but making sure or asthma medication. stress to promote a healthy lifestyle. they’re not adding risk to their fellow Many children have suffered harmful side Unfortunately, every year mental health ill- soldiers. effects from using psychotropic drugs. Some nesses go unrecognized and untreated, and Along those lines, it’s important we of the possible side effects include mania, vio- Mental Health Month was developed in an ef- send the same message of hope, wheth- lence, dependence, and weight gain. Yet, par- fort to prevent such circumstances. This May, er it is someone who is a veteran in ents are already being threatened with child Mental Health America has promoted a Na- battle, or perhaps a veteran, as my abuse charges if they resist efforts to drug tional Children’s Mental Health Awareness friend from Rhode Island just pointed their children. Imagine how much easier it will Day, to educate the general public about the out, someone who has faced the same be to drug children against their parents’ wish- realities of mental health. Mental health ill- sort of problems in their neighborhood. es if a federally-funded mental-health screener nesses affect all age ranges, and House Res- There are also genetic aspects of makes the recommendation. olution 437 lends its full support for commu- mental illness that may have very lit- Universal or mandatory mental-health nities to promote positive youth development, tle to do with environment. There are screening could also provide a justification for and help families cope during times of hard- parts that have to do with other neuro- stigmatizing children from families that support ship. The United States Department of Health logical problems that occur. traditional values. Even the authors of mental- and Human Services utilizes necessary funds Overall, our advance in the mental health diagnosis manuals admit that mental- and manpower to advocate for the rights and health field has grown tremendously. It health diagnoses are subjective and based on services of mental health patients. It will con- may be that you cannot necessarily do social constructions. Therefore, it is all too tinue to provide Family and Community Sup- a CT scan or a x ray or a blood test to easy for a psychiatrist to label a person’s dis- port Programs to aid those adults and children diagnose mental illness, but it is agreement with the psychiatrist’s political be- with serious mental illnesses. diagnosable. It is treatable. And we liefs a mental disorder. For example, a feder- Mr. Speaker, this measure is particularly im- have to make sure that part of this res- ally-funded school violence prevention pro- portant to the well-being of our citizens and olution for Mental Health Month and gram lists ‘‘intolerance’’ as a mental problem I’m pleased to add my voice in support for this the goals and ideals is to help our Na- that may lead to school violence. Because ‘‘in- legislation. I will work diligently with my col- tion understand that it is diagnosable, tolerance’’ is often a code word for believing in leagues to ensure that the goals and ideals of it is treatable. We need to come to traditional values, children who share their Mental Health Month are recognized as nota- grips with it and deal with this in a parents’ values could be labeled as having ble issues. This is a significant step in raising way that understands that the science mental problems and a risk of causing vio- awareness, and promoting healthy families and the technology and the medicine lence. If the mandatory mental-health screen- and communities. behind mental health treatment gives ing program applies to adults, everyone who Ms. EDDIE BERNICE JOHNSON of Texas. a lot of hope for the future. believes in traditional values could have his or Mr. Speaker, I rise today in support of House Resolution 437 which recognizes the goals And with that, Mr. Speaker, I yield her beliefs stigmatized as a sign of a mental and ideals of mental health month. back the balance of my time. disorder. Taxpayer dollars should not support Mrs. CAPPS. For all the reasons that Mental health issues affect many members programs that may label those who adhere to of the population, altering their lives and the have been cited by the many speakers, traditional values as having a ‘‘mental dis- and in strong support of House Resolu- lives of their families. Over 57 million Amer- order.’’ ican citizens suffer from mental illness, and it tion 437, I urge my colleagues to sup- In order to protect America’s children from is one of the leading causes of disability in our port this resolution. being subject to ‘‘universal mental screening’’ nation. In addition, people who suffer from se- Mr. PAUL. Mr. Speaker, I certainly support I have introduce the Parental Consent Act rious mental illnesses die on average 25 years efforts aimed at removing the stigma associ- (H.R. 2218). This bill forbids federal funds earlier than the general population, many of ated with mental health, increasing public from being used for any universal or manda- them from diseases that could be treated if di- awareness of the need to support those with tory mental-health screening of students with- agnosed early. mental health problems and their families, and out the express, written, voluntary, informed Approximately 6.7 percent of the population the other goals of Mental Health Month. How- consent of their parents or legal guardians. is affected by Major Depressive Disorder, and ever, I am concerned that certain language in H.R. 2218 protects the fundamental right of more than 90 percent of people who commit H. Res. 437 appears to endorse all of the rec- parents to direct and control the upbringing suicide suffer from a depressive disorder be- ommendations of the New Freedom Commis- and education of their children. fore they take their lives. Post Traumatic sion on Mental Health, even though certain of Ms. WATERS. Mr. Speaker, I rise in support Stress Disorder has become one of the most the commission’s recommendations threaten of House Resolution 437, providing full sup- serious mental health illnesses, with over a individual liberty and the wellbeing of Amer- port of the goals and ideals of Mental Health quarter of all U.S. troops suffering from the ican children. Month, which is recognized annually in May. I disorder. H. Res. 437 stresses a desire on the In particular, the commission recommended commend my colleague, and fellow Californian part of either those suffering from mental ill- that the federal and state governments work Rep. NAPOLITANO, for acknowledging the im- ness, or the families of those suffering, to toward the implementation of a comprehensive portance of this measure and presenting it be- seek help. system of mental-health screening for all fore the House. As a registered nurse, I have seen firsthand Americans. The commission recommends that The first Mental Health Act was signed in the affects that mental illness has on individ- universal or mandatory mental-health screen- 1946 after it had been determined that sol- uals and their families, and I understand fully ing first be implemented in public schools as diers who fought in World War II had returned the importance of maintaining and advocating a prelude to expanding it to the general public. with severe mental health issues. Still today a for mental health. This is an issue that affects However, neither the commission’s report nor significant portion of individuals who suffer many of us in some way, and we need to en- any related mental-health screening proposal from mental illness are troops who suffer from sure that there is no stigma attached to mental requires parental consent before a child is depression and post-traumatic stress. Shortly illness so that those suffering can and will get subjected to mental-health screening. Feder- after the act was signed the first Mental Health the help they need. I ask my fellow colleagues ally-funded universal or mandatory mental- Week was developed. Eventually Mental to join me in recognizing the goals and ideals health screening in schools without parental Health Week evolved into the Mental Health of Mental Health Month and supporting this consent could lead to labeling more children Month program that we are celebrating today. Resolution in order to raise awareness for as ‘‘ADD’’ or ‘‘hyperactive’’ and thus force Legislation regarding mental health has mental health issues. more children to take psychotropic drugs, such been developed in the past to prevent health Mrs. CAPPS. I yield back. as Ritalin, against their parents’ wishes. care discrimination. Patients experienced The SPEAKER pro tempore. The Already, too many children are suffering grave inequalities because mental health was question is on the motion offered by from being prescribed psychotropic drugs for not considered a legitimate issue, as too often the gentlewoman from California (Mrs. nothing more than children’s typical rambunc- mental health is viewed as a minuscule issue CAPPS) that the House suspend the tious behavior. According to Medco Health So- in comparison to physical health. Many people rules and agree to the resolution, H. lutions, more than 2.2 million children are re- may not know that more than 57,000,000 indi- Res. 437, as amended. ceiving more than one psychotropic drug at viduals in the United States suffer from mental The question was taken; and (two- one time. In fact, according to Medico Trends, illness and H. Res 437 will not only raise thirds being in the affirmative) the

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.039 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6099 rules were suspended and the resolu- considered as read, shall be debatable for the nize the tribe failed due to opposition tion, as amended, was agreed to. time specified in the report equally divided from the Department of the Interior. A motion to reconsider was laid on and controlled by the proponent and an op- Most importantly, in 1956, Congress the table. ponent, shall not be subject to amendment, formally acknowledged the Lumbee and shall not be subject to a demand for divi- f sion of the question in the House or in the Tribe with passage of the Lumbee Act. However, it was passed during a period b 1230 Committee of the Whole. All points of order against such amendments are waived except of Federal Indian policy known as the PROVIDING FOR CONSIDERATION those arising under clause 9 or 10 of rule XXI. Termination Era. As such, while Con- OF H.R. 31, LUMBEE RECOGNI- At the conclusion of consideration of the bill gress acknowledged the Lumbee, it ef- TION ACT, AND PROVIDING FOR for amendment the Committee shall rise and fectively ended its relationship with CONSIDERATION OF H.R. 1385, report the bill to the House with such the tribe at the same time by denying THOMASINA E. JORDAN INDIAN amendments as may have been adopted. Any them access to the benefits and privi- TRIBES OF VIRGINIA FEDERAL Member may demand a separate vote in the House on any amendment adopted in the leges that accompany Federal recogni- RECOGNITION ACT OF 2009 Committee of the Whole to the bill or to the tion. Mr. CARDOZA. Mr. Speaker, by di- committee amendment in the nature of a This termination has subsequently rection of the Committee on Rules, I substitute. The previous question shall be prevented the Lumbees from receiving call up House Resolution 490 and ask considered as ordered on the bill and amend- recognition from the Department of for its immediate consideration. ments thereto to final passage without inter- the Interior which has maintained that vening motion except one motion to recom- only Congress can restore that rela- The Clerk read the resolution, as fol- mit with or without instructions. lows: tionship. The SPEAKER pro tempore. The gen- A similar injustice has occurred in H. RES. 490 tleman from California (Mr. CARDOZA) Virginia. Records exist documenting a Resolved, That upon the adoption of this is recognized for 1 hour. relationship between the six Indian resolution it shall be in order to consider in Mr. CARDOZA. Thank you, Mr. tribes, local governments, and the the House the bill (H.R. 31) to provide for the Speaker. recognition of the Lumbee Tribe of North Commonwealth of Virginia for cen- Carolina, and for other purposes. All points For the purpose of debate only, I turies. It has long been established of order against consideration of the bill are yield the customary 30 minutes to the that ancestors of these six tribes re- waived except those arising under clause 9 or gentleman from California (Mr. sided in Virginia when the first white 10 of rule XXI. The amendment in the nature DREIER). All time yielded during con- settlers landed in Jamestown, yet their of a substitute recommended by the Com- sideration of the rule today is for de- history is fraught with deliberate dis- mittee on Natural Resources now printed in bate only. crimination and document destruction. the bill shall be considered as adopted. The GENERAL LEAVE bill, as amended, shall be considered as read. During the Civil War, most local All points of order against provisions of the Mr. CARDOZA. Mr. Speaker, I ask records and tribal documentation were bill, as amended, are waived. The previous unanimous consent that all Members destroyed in fires at government build- question shall be considered as ordered on have 5 legislative days within which to ings. At that time, many Indians began the bill, as amended, to final passage with- revise and extend their remarks on adopting Anglo-American names, lan- out intervening motion except: (1) one hour House Resolution 490. guage, and customs to conceal their of debate equally divided and controlled by The SPEAKER pro tempore. Is there tribal identity and ensure their sur- the chair and ranking minority member of objection to the request of the gen- vival. the Committee on Natural Resources; and (2) tleman from California? In addition, Virginia’s 1924 Racial In- one motion to recommit with or without in- There was no objection. structions. tegrity Act—pushed by a noted white SEC. 2. At any time after the adoption of Mr. CARDOZA. I yield myself such supremacist—was responsible for the this resolution the Speaker may, pursuant to time as I may consume. deliberate and systematic destruction clause 2(b) of rule XVIII, declare the House Mr. Speaker, House Resolution 490 of over 46 years of any records that resolved into the Committee of the Whole provides for consideration of H.R. 31, traced and recorded the existence of House on the state of the Union for consider- the Lumbee Recognition Act, under a vast Indian tribes. ation of the bill (H.R. 1385) to extend Federal closed rule, and also for separate con- The Department of the Interior has recognition to the Chickahominy Indian sideration of H.R. 1385, the Thomasina generally not questioned the tribes’ an- Tribe, the Chickahominy Indian Tribe-East- E. Jordan Indian Tribes of Virginia ern Division, the Upper Mattaponi Tribe, the cestry or tribal government status. But Rappahannock Tribe, Inc., the Monacan In- Federal Recognition Act of 2009, under despite the wealth of documentation dian Nation, and the Nansemond Indian a structured rule. Both bills are debat- that exists for each tribe, it is not Tribe. The first reading of the bill shall be able for 1 hour, each equally divided clear whether they could obtain proper dispensed with. All points of order against and controlled by the chairman and documentation to be acknowledged by consideration of the bill are waived except ranking member of the Committee on the Bureau of Indian Affairs. I would those arising under clause 9 or 10 of rule XXI. Natural Resources. The rule for H.R. add that each of these six tribes was General debate shall be confined to the bill 1385 makes in order two amendments recognized by the Commonwealth of and shall not exceed one hour equally di- listed in the Rules Committee report. vided and controlled by the chair and rank- Virginia between 1983 and 1989. ing minority member of the Committee on Each amendment is debatable for 10 Mr. Speaker, the circumstances sur- Natural Resources. After general debate the minutes. The rule also provides for a rounding all of these tribes are cer- bill shall be considered for amendment under motion to recommit with or without tainly unique and warrant special at- the five-minute rule. It shall be in order to instructions on both bills. tention by Congress. Congress has consider as an original bill for the purpose of Mr. Speaker, the two bills before us passed bills recognizing all of these amendment under the five-minute rule the today will right several wrongs in our tribes several times, including last ses- amendment in the nature of a substitute rec- country’s history and bring closure to sion. The Lumbee bill passed with ommended by the Committee on Natural Re- the issue of full Federal recognition of strong bipartisan support while the sources now printed in the bill. The com- the Lumbee Indians of North Carolina mittee amendment in the nature of a sub- Virginia Tribes bill passed by voice stitute shall be considered as read. All points and six Indian tribes in Virginia. vote. of order against the committee amendment Since the late 1800s, the Lumbee I ask my colleagues on both sides of in the nature of a substitute are waived ex- Tribe has been seeking Federal rec- the aisle to once again support these cept those arising under clause 10 of rule ognition despite the fact that congres- long-overdue bills. XXI. Notwithstanding clause 11 of rule sional hearings and the Department of I reserve the balance of my time. XVIII, no amendment to the committee the Interior’s studies have consistently Mr. DREIER. Mr. Speaker, I yield amendment in the nature of a substitute concluded that the Lumbees are a dis- myself such time as I may consume. shall be in order except those printed in the tinct, self-governing Indian commu- (Mr. DREIER asked and was given report of the Committee on Rules accom- panying this resolution. Each such amend- nity. In fact, the Lumbees were first permission to revise and extend his re- ment may be offered only in the order print- recognized as a tribe in 1885 by their marks.) ed in the report, may be offered only by a home State of North Carolina. In that Mr. DREIER. First, let me say how Member designated in the report, shall be time, however, various bills to recog- great it is to see you in the Chair, Mr.

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.040 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6100 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Speaker. I would like to express my ap- could balloon to an even larger level of Mr. CARDOZA. Madam Speaker, I’d preciation to my good friend from Cali- funding. like to inquire from my friend and col- fornia, my colleague, Mr. CARDOZA, for At issue is conflicting membership league from California if he has any yielding me the customary 30 minutes. estimates of the Lumbee Tribe. The In- further speakers. Mr. Speaker, this rule actually pro- terior Department estimates it at Mr. DREIER. Would the gentleman vides for the consideration of two prob- 40,000; the tribe itself estimates it at yield? lematic bills—H.R. 1385, which would about 55,000, a difference of nearly 40 Mr. CARDOZA. I would yield. extend recognition to six Indian tribes percent. But what’s more, local North Mr. DREIER. I thank my friend for in the Commonwealth of Virginia; and Carolina media have reported that yielding, and, Madam Speaker, I will H.R. 31, which would extend recogni- some in the tribe intend to expand its inform my friend that there are no tion to the Lumbee Tribe in the State membership once this bill is enacted. other requests for time on our side of of North Carolina. Both adopt an arbi- They’re waiting for Federal recogni- the aisle. At this juncture, I will en- trary and inconsistent recognition tion and then want to increase their courage my colleagues to oppose this process that threatens those tribes who numbers, expanding the cost of this bill rule, and I yield back the balance of are already Federally recognized and even further and pulling resources my time. upends the process for future appli- away from the long-recognized tribes. Mr. CARDOZA. Madam Speaker, I Now, Mr. Speaker, the Lumbee Tribe, cants. And this rule provides for an very much appreciate my colleague just like any other Indian tribe, should even more problematic process. from California, and I understand that obtain Federal recognition on its mer- The issue of tribe recognition—like he has concerns about this process and its. It may indeed deserve recognition. all matters before Congress—demands these measures. clarity, fairness and transparency. The However, the merits are still far from clear. The last several administrations I would just like to remind the entire two underlying bills, unfortunately, de- body that the Lumbee bill has, in fact, liver just the opposite. H.R. 1385 would have opposed their application. The Obama administration has reversed been before the Congress before. This extend recognition to six Virginia Congress has acted on it. Despite the tribes rather than requiring that they course, but it has not offered any ex- planation as to why. In fact, the ad- claims to the contrary, Congress has go through the normal Federal recogni- traditionally taken the lead in recog- tion process at the Bureau of Indian ministration does not yet have its ap- pointees in place at the Interior De- nizing Indian tribes. In fact, Congress Affairs. has recognized 530 of the 561 Federally These tribes have sought legislative partment to even articulate their rea- recognized tribes. action because they lack the proper soning. Despite the fact that the Department documentation to complete the regular Mr. Speaker, Congress must fully vet of the Interior established certain ad- administrative process. This is due to all of these issues and act in a clear, ministrative procedures in 1978, Con- the fact—and it was correctly pointed comprehensive way that eliminates the gress has stepped in and recognized out by my California colleague—that current confusion and restores clarity tribes nine additional times due to ex- they’ve been victims of targeted at- and certainty. And yet inexplicably, traordinary circumstances, much like tacks in the past which resulted in the the rule which we’re debating right this. destruction of many of the very impor- now curtails the ability of Members, I think that this is an appropriate tant historical documents that would Republican and Democratic Members, rule, and I think we will have an oppor- have been necessary. This is a re- to offer their amendments so that a tunity to debate the issues during the minder, Mr. Speaker, of a very, very comprehensive consensus solution could, in fact, be reached. debate time that has been allotted. ugly chapter in our Nation’s history, Rather than an open process which and Congress should work very care- I would ask my colleagues to support would have allowed the House to ad- the rule, and I urge Members on both fully to address this issue. dress many of these issues, the rule for While the situation of the Virginia sides of the aisle to once again take an the Lumbee Tribe bill is a closed rule, tribes is difficult—and I recognize important step forward in correcting despite submission of the very thought- that—for the reasons I just stated, we hundreds of years of injustice which ful amendment by Mr. SHULER. It is, in need to consider the overall fairness of are long overdue. fact, a bipartisan amendment. He our actions. For instance, there are Madam Speaker, I urge a ‘‘yes’’ vote should be allowed to bring his alter- currently nine other tribes, nine other on the rule and on the previous ques- native before the House for an up-or- tribes that have fully completed their tion. down vote. It’s very sad that I have to application processes and are awaiting I yield back the balance of my time, stand here as a minority Member fight- final determinations. They have done and I move the previous question on ing for the rights of a majority Member their due diligence and deserve to have the resolution. of this institution. The previous question was ordered. their cases addressed in the proper Similarly, Madam Speaker, the rank- order. While the six tribes covered in The SPEAKER pro tempore (Mrs. ing member of the Agriculture Com- TAUSCHER). The question is on the reso- H.R. 1385 may deserve special dispensa- mittee, our friend from Roanoke, Vir- tion from the normal BIA process, lution. ginia, (Mr. GOODLATTE) asked for an The question was taken; and the questions have been raised regarding open amendment process on the Vir- the fairness of penalizing the nine Speaker pro tempore announced that ginia bill. While two of his amend- the ayes appeared to have it. other tribes who fully completed the ments were made in order, an open process and are patiently waiting in Mr. DREIER. Madam Speaker, on process would have allowed him to that I demand the yeas and nays. line for the determination. offer all of his amendments and per- The process serves a purpose: ensur- The yeas and nays were ordered. mitted all Members to participate. ing that tribal determination is fair, Madam Speaker, these bills have The vote was taken by electronic de- consistent and fully vetted. We need to problems but this rule has a bigger vice, and there were—yeas 231, nays think very, very carefully, Mr. Speak- problem. As happens all too often in 174, not voting 28, as follows: er, before upending that regime. this Democratic majority, this debate [Roll No. 295] H.R. 31 is even more controversial, will be closed rather than open, and YEAS—231 not least because the price tag comes Members will be shut out of the proc- Abercrombie Berry Butterfield to $786 million—or, Mr. Speaker, I ess. Ackerman Bishop (GA) Capps should say ‘‘at least’’ $786 million. We So I urge my colleagues to oppose the Aderholt Bishop (NY) Capuano Adler (NJ) Blumenauer Cardoza know that an enactment of this bill rule. We can address these very, very would cost, again, at least three-quar- Andrews Boccieri Carnahan important issues in a more fair and Arcuri Boren Carney ters of a billion dollars. And I say ‘‘bil- balanced way. Baca Boswell Carson (IN) lion’’ because I know the word ‘‘tril- Baird Boucher Castor (FL) lion’’ is used more frequently around b 1245 Baldwin Boyd Chandler Barrow Brady (PA) Childers here tragically these days. But it With that, I reserve the balance of Berkley Braley (IA) Clarke would be very, very, very costly. It my time. Berman Bright Clay

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.044 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6101 Cleaver Kanjorski Perriello LaTourette Neugebauer Shadegg b 1311 Clyburn Kaptur Peters Latta Nunes Shimkus Cohen Kildee Peterson Lee (NY) Olson Shuler IN THE COMMITTEE OF THE WHOLE Connolly (VA) Kilpatrick (MI) Polis (CO) Lewis (CA) Paul Shuster Accordingly, the House resolved Conyers Kilroy Pomeroy Linder Paulsen Simpson itself into the Committee of the Whole Cooper Kind Price (NC) LoBiondo Petri Smith (NE) Costa Kirkpatrick (AZ) Quigley Lucas Pitts Smith (NJ) House on the State of the Union for the Costello Kissell Rahall Luetkemeyer Platts Smith (TX) consideration of the bill (H.R. 1385) to Courtney Klein (FL) Rangel Lummis Poe (TX) Souder extend Federal recognition to the Crowley Kosmas Reyes Lungren, Daniel Posey Stearns E. Price (GA) Chickahominy Indian Tribe, the Chick- Cuellar Kratovil Richardson Stupak Mack Putnam ahominy Indian Tribe-Eastern Divi- Cummings Kucinich Rodriguez Tanner Dahlkemper Langevin Manzullo Radanovich Ross Terry sion, the Upper Mattaponi Tribe, the Davis (AL) Larsen (WA) McCarthy (CA) Rehberg Rothman (NJ) Thompson (PA) Rappahannock Tribe, Inc., the Mona- Davis (CA) Larson (CT) McCaul Reichert Roybal-Allard Thornberry DeFazio Lee (CA) McClintock Roe (TN) can Indian Nation, and the Nansemond Rush Tiahrt DeGette Levin Ryan (OH) McCotter Rogers (AL) Indian Tribe, with Mr. HOLDEN in the Delahunt Lewis (GA) McHenry Rogers (KY) Tiberi Salazar Turner chair. DeLauro Lipinski Sarbanes McHugh Rogers (MI) McKeon Upton The Clerk read the title of the bill. Dicks Loebsack Schakowsky Rohrabacher Mica Rooney Walden The CHAIR. Pursuant to rule, the bill Doggett Lofgren, Zoe Schauer ´ Miller (FL) Roskam Wamp Donnelly (IN) Lujan Schiff is considered read the first time. Miller (MI) Royce Whitfield Doyle Lynch Schrader The gentleman from West Virginia Driehaus Maffei Miller, Gary Ryan (WI) Wilson (SC) Schwartz (Mr. RAHALL) and the gentleman from Edwards (MD) Maloney Minnick Scalise Wittman Scott (GA) Edwards (TX) Marchant Moran (KS) Schmidt Wolf Washington (Mr. HASTINGS) each will Scott (VA) Ellison Markey (CO) Murphy, Tim Sensenbrenner Young (AK) Serrano control 30 minutes. Eshoo Markey (MA) Myrick Sessions Young (FL) Sestak The Chair recognizes the gentleman Etheridge Marshall Shea-Porter Farr Massa NOT VOTING—28 from West Virginia. Sherman Fattah Matheson Bean Grayson Ros-Lehtinen Mr. RAHALL. Thank you, Mr. Chair- Sires Filner Matsui Becerra Gutierrez Ruppersberger man. I yield myself such time as I may Skelton Foster McCarthy (NY) Bishop (UT) Johnson, Sam Sa´ nchez, Linda Slaughter consume. Frank (MA) McCollum Blunt Kennedy T. Smith (WA) Mr. Chairman, we are here today, Fudge McDermott Broun (GA) Lowey Sanchez, Loretta Snyder Giffords McGovern Brown, Corrine McMorris Schock over 400 years after the first English Space Gonzalez McIntyre Davis (IL) Rodgers Sullivan settlers landed in what became James- Speier Gordon (TN) McMahon Davis (TN) Melancon Welch Spratt town, Virginia, to finally acknowledge Green, Al McNerney Dingell Pence Westmoreland Green, Gene Meek (FL) Stark Engel Pingree (ME) Wilson (OH) a government-to-government relation- Grijalva Meeks (NY) Sutton ship with some of the Indian tribes who Hall (NY) Michaud Tauscher b 1309 Taylor met those early settlers. Halvorson Miller (NC) While the House passed a prior Hare Miller, George Teague Mr. YOUNG of Alaska changed his Harman Mitchell Thompson (CA) vote from ‘‘yea’’ to ‘‘nay.’’ version of this legislation last Con- Hastings (FL) Mollohan Thompson (MS) So the resolution was agreed to. gress, the bill was not considered in the Heinrich Moore (KS) Tierney Titus The result of the vote was announced Senate, so we are here again. Herseth Sandlin Moore (WI) H.R. 1385, the Thomasina E. Jordan Higgins Moran (VA) Tonko as above recorded. Himes Murphy (CT) Towns A motion to reconsider was laid on Indian Tribes of Virginia Federal Rec- Hinchey Murphy (NY) Tsongas the table. ognition Act of 2009, extends Federal Hinojosa Murphy, Patrick Van Hollen Stated for: recognition to the Virginia tribes that Hirono Murtha Vela´ zquez Hodes Nadler (NY) Visclosky Mrs. LOWEY. Madam Speaker, I regrettably have lived in Virginia since before the Holden Napolitano Walz missed rollcall vote No. 295 on June 2, 2009. settlers of Jamestown first arrived. Holt Neal (MA) Wasserman Had I been present, I would have voted ‘‘yea.’’ This bill is sponsored by our col- Schultz Honda Nye league, Representative JIM MORAN of Hoyer Oberstar Waters Mr. PENCE. Madam Speaker, I was un- Inslee Obey Watson avoidably detained and missed rollcall vote Virginia, and enjoys bipartisan sup- Israel Olver Watt No. 295 on passage of H. Res. 490. Had I port, including from other Virginia col- Jackson (IL) Ortiz Waxman been present, I would have voted ‘‘nay.’’ leagues, Congressman ROB WITTMAN, Jackson-Lee Pallone Weiner (TX) Pascrell Wexler Mrs. MCMORRIS RODGERS. BOBBY SCOTT, THOMAS PERRIELLO, and Johnson (GA) Pastor (AZ) Woolsey Madam Speaker, on rollcall No. 295 I was GERRY CONNOLLY. I, too, am a cospon- Johnson, E. B. Payne Wu unavoidably detained. Had I been present, I sor of H.R. 1385. Kagen Perlmutter Yarmuth would have voted ‘‘nay.’’ The bill is named for Thomasina NAYS—174 Mr. WESTMORELAND. Madam Speaker, ‘‘Red Hawk Woman’’ Jordan, whose lifelong pursuit of advancing Native Akin Capito Gerlach on rollcall No. 295 I was unavoidably detained. Alexander Carter Gingrey (GA) Had I been present, I would have voted ‘‘nay.’’ American rights encompassed the Altmire Cassidy Gohmert f promise of education for all Indians Austria Castle Goodlatte and securing Federal recognition of Bachmann Chaffetz Granger GENERAL LEAVE Virginia Indian tribes. Ms. Jordan also Bachus Coble Graves Barrett (SC) Coffman (CO) Griffith Mr. RAHALL. Madam Speaker, I ask served as chairperson of the Virginia Bartlett Cole Guthrie unanimous consent that all Members Council of Indians. Barton (TX) Conaway Hall (TX) may have 5 legislative days to revise H.R. 1385 would extend Federal rec- Biggert Crenshaw Harper ognition status to six Indian tribes of Bilbray Culberson Hastings (WA) and extend their remarks and include Bilirakis Davis (KY) Heller extraneous material on H.R. 1385. Virginia. All six tribes have obtained Blackburn Deal (GA) Hensarling The SPEAKER pro tempore. Is there State recognition by the State of Vir- Boehner Dent Herger objection to the request of the gen- ginia. Former Virginia Governors Bonner Diaz-Balart, L. Hill Bono Mack Diaz-Balart, M. Hoekstra tleman from West Virginia? George Allen and Mark Warner, as well Boozman Dreier Hunter There was no objection. as current Governor Tim Kaine have Boustany Duncan Inglis f endorsed the tribes’ recognition as sov- Brady (TX) Ehlers Issa ereign governments. Brown (SC) Ellsworth Jenkins THOMASINA E. JORDAN INDIAN Brown-Waite, Emerson Johnson (IL) During his recent trip to England, Ginny Fallin Jones TRIBES OF VIRGINIA FEDERAL President Obama presented Queen Eliz- Buchanan Flake Jordan (OH) RECOGNITION ACT OF 2009 abeth with an iPod. Included on the Burgess Fleming King (IA) Burton (IN) Forbes King (NY) The SPEAKER pro tempore. Pursu- iPod was a copy of the 400th anniver- Buyer Fortenberry Kingston ant to House Resolution 490 and rule sary ceremony commemorating the es- Calvert Foxx Kirk XVIII, the Chair declares the House in tablishment of Jamestown, Virginia, Camp Franks (AZ) Kline (MN) the Committee of the Whole House on that she attended last year. The high- Campbell Frelinghuysen Lamborn Cantor Gallegly Lance the State of the Union for the consider- light of this ceremony included the Cao Garrett (NJ) Latham ation of the bill, H.R. 1385. Queen and the Virginia Indian tribes.

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.020 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6102 CONGRESSIONAL RECORD — HOUSE June 3, 2009 These six Virginia tribes have faced Although the Department provided Department of the Interior has no au- hundreds of years of discrimination, no position on the bill, the Depart- thority to acquire lands in trust for abuse, and outright attempts to extin- ment’s witnesses did remark that all any tribe recognized after 1934 unless guish their existence and rob them of six groups have petitioned for recogni- there is a specific act of Congress au- their heritage. tion with the Bureau of Indian Affairs, thorizing it. This is a major decision From 1912 to 1947, Dr. Walter but none of the six tribes have com- that has, frankly, Mr. Chairman, shak- Plecker, a white supremacist, set out pleted the process within the Bureau of en Indian Country, and it is a case that to rid the Commonwealth of Virginia of Indian Affairs. has caught the attention of Governors, any documents that recorded the exist- If the Department lacks completely attorneys general, and county leaders ence of Indians or Indian tribes living documented petitions, then how can we around the country. The committee therein. He was instrumental in ensur- be sure that we in Congress have has held one hearing on the subject, ing passage of the Racial Integrity Act enough information about these six and I am hopeful that there will be in 1924, making it illegal for individ- tribes? more. uals to classify themselves or their None of the witnesses explained why Virginia’s tribes are directly affected newborn children as Indian. the six Virginia tribes should be recog- by this decision because they were not nized before all of the other tribes b 1315 recognized in 1934. Thus, anything done whose recognition petitions are within with H.R. 1385 could set a precedent for But he went further than that and and are lingering within the Bureau of resolving the Carcieri issue. Under H.R. spent decades changing the race des- Indian Affairs. About nine of these 1385, lands placed in trust for the Vir- ignation on birth certificates and on groups have completed their petitions. ginia tribes will be secure. Meanwhile, other legal documents from ‘‘Indian’’ In this respect, Mr. Chairman, they are lands held in trust or proposed for trust to ‘‘Colored,’’ ‘‘Negro’’ or ‘‘Free Issue.’’ more prepared for a final determina- status for others may not be secure. Throughout it all, the Virginia Indians tion than the Virginia tribes with This kind of inconsistency in Federal did not break but held firm to their which this bill deals. Indian policy helped fuel the con- culture and to their identity. H.R. 1385 contains ample lists of con- troversy that led to the Supreme To address claims that tribes are gressional findings about the history of Court’s Carcieri in the first place. only interested in Federal recognition these six groups, but there is no re- If the solution to Carcieri is to deal so they may conduct gaming, all six quirement to verify that members of with each and every post-1934 tribe’s tribes supported an outright gaming these tribes can trace descendants to trust land application separately in prohibition to be included in this bill. historic Virginia tribes. This is a basic Congress, then H.R. 1385 might be ap- This gaming prohibition precludes the standard that the House must observe propriate. If the solution is to provide Virginia tribes from engaging in, li- if it wants to ensure the integrity of the Secretary of the Interior with the censing or regulating gaming pursuant tribal recognition. If the House is not appropriate authority to acquire lands to the Indian Gaming Regulatory Act prepared to take additional time to in trust, then H.R. 1385 is not appro- on their lands. study this, then we should ask the Sec- priate. Congressman MORAN has spent sev- retary to study it and to provide us So, while the committee has held a eral years tirelessly working to achieve with the answers. hearing on Carcieri, there seems to be Federal recognition for Virginia’s First The committee held no field hearings no consensus on how to resolve it. We Americans. It is because of his tireless in Virginia to learn more about the have received no testimony from the dedication to this issue that this legis- tribes on their home turf. It has rel- Department, and none of the tribes, lation is before us today. It is time to atively little information from county States or other concerned interests put this issue to rest and to do the officials and from private individuals have had an opportunity to testify in right thing by extending Federal rec- who might be interested in tribal rec- the committee as of the time the re- ognition to these tribes. I urge all of ognition and what it means to them. port for H.R. 1385 was filed. It would be my colleagues to join me today in cre- This is a State without a history of wise then, Mr. Chairman, to postpone ating a government-to-government re- recognized tribes, unless you reach floor action on any recognition bills lationship with these Virginia tribes. back to the colonial era, and Virginia until the committee acquires a better I reserve the balance of my time. presently has no Indian trust lands. We understanding of the impacts of Mr. HASTINGS of Washington. I simply do not know if there are any Carcieri and what to do about it. yield myself as much time as I may counties or private individuals in af- With that, Mr. Chairman, I reserve consume. fected areas who fully understand that the balance of my time. Mr. Chairman, I rise in opposition to placing land in trust removes property Mr. RAHALL. Mr. Chairman, I recog- H.R. 1385, but not for the reason for from the tax rolls and from State and nize for 3 minutes the gentleman from which this legislation is intended to municipal jurisdictions. Virginia, one of the cosponsors of the point out or to create but, rather, for On this note, the Rules Committee legislation, Mr. BOBBY SCOTT. reasons that I will outline in my re- made in order an amendment by the Mr. SCOTT of Virginia. I thank the marks here this morning. gentleman from Virginia (Mr. GOOD- gentleman for yielding. In the last Congress, a nearly iden- LATTE) to remove some counties from Mr. Chairman, I rise in support of tical bill passed the House by voice the bill. This suggests to me the major- H.R. 1385, the Thomasina E. Jordan In- vote. I do not expect to change any- ity is beginning to understand that dian Tribes of Virginia Federal Rec- one’s mind, and I believe that the re- counties in Virginia are just now be- ognition Act. I want to thank my col- sults will probably be the same as the coming more informed on what this league from Virginia (Mr. MORAN) for, last vote we had in the last Congress, bill means. again, introducing this bill. Similar but I must highlight serious short- So, Mr. Chairman, prudence dictates legislation passed this body by voice comings with this bill that should that we put this bill on hold until these vote in the 110th Congress, but it was cause Members to reconsider their po- issues are vetted. If the House recog- never acted on in the Senate. sitions. nizes new tribes and acquires lands in Two years ago, Virginia and the Na- First, the House has not acquired suf- trust for them without thoroughly ex- tion celebrated the 400th anniversary ficient evidence to justify extending amining the views of the jurisdiction of the founding of Jamestown, Vir- Federal recognition to the six Virginia where the lands are located, we poten- ginia, the first permanent English set- tribes identified in this bill. In the tially risk creating local problems. tlement in North America. Jamestown committee hearing on H.R. 1385, we This is going to hamper our efforts to is the cornerstone of our great Repub- heard a lot of testimony from wit- resolve land-in-trust controversies oc- lic, and its success relied heavily on nesses for the six tribes, from the Gov- curring elsewhere in the United States. the help of the indigenous people of ernor of Virginia, from a historian, and Such controversies, Mr. Chairman, do Virginia. Virginia’s Native Americans from the Department of the Interior. occur. We have a huge one to deal with played a critical role in helping the All provided interesting and often pas- right now. In February, the Supreme first settlers of Jamestown survive the sionate statements. Court, in Carcieri v. Salazar, held the harsh conditions of the New World.

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.048 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6103 After the Jamestown colony weath- when they arrived 400 years ago. With- pea. Corn signified a ‘‘yes’’ vote and the pea, ered its first few years in the New out the Indians’ friendship, the James- a ‘‘no’’ vote. World, the colony expanded, and the town settlement very likely would not Soon you will be given an opportunity to vote on HR 1385, the Thomasina E. Jordan English pushed further inland, but the have survived. The Americans owe the Indian Tribes of Virginia Federal Recogni- same Native Americans who helped Virginia tribes a huge debt of grati- tion Act of 2009, which extends federal rec- those first settlers were coerced and tude. ognition to the six Virginia Tribes com- were pushed from their land without I also want to recognize the gen- prising the Virginia Indian Tribal Alliance compensation. Treaties, many of which tleman from Virginia for including lan- for Life (VITAL): (1) the Chickahominy precede our own Constitution, were guage that explicitly forbids the estab- Tribe; (2) the Chickahominy Indian Tribe— often made in an effort to compensate lishment of tribal casinos. Current Eastern Division; (3) the Upper Mattaponi the Virginia Native Americans, but as tribal leadership has consistently stat- Tribe; (4) the Rappahannock Tribe, Inc.; (5) the Monacan Indian Nation; and (6) the history has shown, these treaties were ed they do not want to pursue gam- Nansemond Indian Tribe. rarely honored or upheld. bling. I believe them. However, I re- On behalf of our Tribes, we ask that you Like many other Native Americans, main concerned that future leadership use your kernel of corn to vote YES on HR the Virginia Indian tribes were of the tribes will pursue establishing 1385 when it comes to the floor of the House marginalized from society. They were tribal casinos. of Representatives for a vote. deprived of their land, prevented from Virginia does not have casino gam- We are sure you have questions about this bill which is of such vital importance to us. getting an education, and they were de- bling, and because we do not, we have If these Tribes have been in existence since nied a role in our society. Virginia’s avoided the crime, corruption and first contact with the Europeans, why Native Americans were denied their scandal that sometimes comes with haven’t they already been recognized by the fundamental human rights and were gambling. As the author of the legisla- United States? denied the very freedoms and liberties tion which created the National Gam- Quite simply, because our Tribes never enshrined in our own Constitution. bling Impact Study Commission that waged war on the United States of America. Mr. Chairman, the bill will finally released its 2-year study in 1999, we The hostilities between our Tribes and the grant Federal recognition to the Chick- Europeans who came here in 1607 effectively know firsthand of the devastating so- ended with the Treaty of Middle Plantation ahominy, to the Eastern Chicka- cial and financial costs of gambling: in 1677. This Treaty was signed between Eng- hominy, to the Upper Mattaponi, to crime, prostitution, corruption, sui- land and our Tribes. Predating the creation the Rappahannock, to the Monacan In- cide, destroyed families, child and of the United States of America by just short dian Nation, and to the Nansemond spousal abuse, and bankruptcy. of 100 years, our Treaty was never recognized tribes. H.R. 1385 will ensure the right- In moving forward with this, I want by the founding fathers of the United States ful status of Virginia’s tribes in our na- to ensure that Congress continues this, because it was not negotiated with them. tional history. Federal recognition will and I want to ensure that this language Our Treaty of 1677 is still commemorated an- provide housing and educational oppor- nually on the steps of the Governor’s Man- does not change when it goes to the sion in Virginia but has yet to be recognized tunities for those who cannot afford it. Senate. by the United States of America. Federal recognition will also promote Under this bill, Congress intends that If these Tribes have been here since first the tribal economic development that no Virginia Indian tribe or tribal mem- contact with the Europeans, has there ever will allow Virginia’s tribes to become ber, if granted Federal recognition, been any federal recognition of these Tribes? self-sufficient. These new opportunities would have any greater rights to gam- Not officially by the entity called the United States and that is why we seek this will allow Virginia’s tribes to flourish ble or to conduct gambling operations culturally and economically, which federal acknowledgement now. However, under the laws of the Commonwealth hundreds of our sons and daughters have will lead to a brighter future for a of Virginia than would any other cit- fought on behalf of the United States of whole new generation. The Virginia izen of Virginia. America in many wars over the years. The tribes have waited far too long for Fed- Further, it is Congress’ expectation ‘‘dog tags’’ of our military people, who have eral recognition. that the provision limiting the tribes’ fought alongside Americans from across the Again, I want to thank my colleague ability to engage in gambling conforms country, have stated our race as ‘‘American from Virginia (Mr. MORAN) for his ex- Indian.’’ with the Ysleta Del Sur Pueblo v. The If these Tribes deserve recognition, why cellent leadership on this important State of Texas case. In that case, the issue. I urge my colleagues to support don’t they utilize the administrative route U.S. Court of Appeals for the Fifth Cir- created by Congress instead of seeking legis- the bill. cuit upheld a law prohibiting gaming lation? Mr. HASTINGS of Washington. Mr. by the tribe. In supporting H.R. 1385, For five decades the official policy of Vir- Chairman, I am pleased to yield 5 min- Congress and the Virginia delegation, ginia, enforced through the Racial Integrity utes to the gentleman from Virginia in particular, expect that the language Act of 1924, stated that there were only two races, white and colored. Over the years our (Mr. WOLF). restricting gambling operations by In- (Mr. WOLF asked and was given per- Tribes were subjected to paper genocide. Not dian tribes will be upheld if it is ever mission to revise and extend his re- only were we denied our race in the everyday challenged. marks.) requests for birth and marriage certificates, I would like to enter into the RECORD Mr. WOLF. Mr. Chairman, I want to but the Commonwealth of Virginia went into a letter I received from the Virginia its records and changed the race of our docu- first thank the chairman and thank tribal leadership, acknowledging the mented ancestors. This law was continually Mr. MORAN for the language that ex- anti-gambling language in this bill and upheld by Virginia Courts until the final plicitly prohibits gambling. I appre- vestiges of the law were struck down in 1971. ciate that very much. I think the reaffirming the view of tribal leader- ship that the language prohibits gam- In addition, five of the six courthouses that chairman and Mr. MORAN have to get held the vast majority of the records that the credit for doing this because, in bling. our Tribes would need to document our his- previous cases, we have seen major, VIRGINIA INDIAN TRIBAL tory to the degree required by the Bureau of major expansions. So, as people talk ALLIANCE FOR LIFE (VITAL), Indian Affairs Office of Federal Acknowl- New Kent, VA, May 18, 2009. about this, this is Earth-shattering in edgement were destroyed in the Civil War. HOUSE OF REPRESENTATIVES, As much as our Tribes would like to comply some respects, and so I want to again Washington, DC. with the administrative rules to gain rec- thank the chairman and thank Mr. DEAR MEMBER OF CONGRESS: Corn, or in the ognition, the combination of the official MORAN. Virginia Algonquian tongue, hominy, rep- laws of the Commonwealth, the bureaucracy The Virginia tribes have consistently resents the sustenance of the early American implementing those laws and the loss of our indicated that they oppose gambling, cultures. When the English came to records create an insurmountable burden. We and I believe them. Yet, during the Tsenacomoco, now called Virginia, our tribes believe that since it was an act of govern- consideration of this measure in the traded corn, sometimes unwillingly, to the ment (Virginia) that denied us our heritage, last Congress, we heard rumors about men of the Virginia Company. As historians it should be an act of government that re- will tell you, corn saved the colony in these an interest in challenging this gam- stores it. early years. But corn also represents But still there is a process that has been bling limitation in court. We have not participatory government. Our elders tell us established; why should Congress be asked to heard those rumors today. that corn was used when voting on matters make this decision? The Virginia Indian tribes were the of importance in the early years. Each eligi- Of the 562 Tribes recognized by the United first to greet the settlers at Jamestown ble member was given a kernel of corn and a States of America, 140 were recognized by

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.050 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6104 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Treaties and other negotiations and only 16 quite an amount of demeaning treat- the future. They are willing to com- were recognized by the administrative proc- ment over generations. This is the promise on this, to give up virtually all ess (which has been in effect since 1978). Acts right thing to do. We don’t do this very of that potential territory. They’re left of Congress recognized the remaining 406 with very little land and very few Tribes. We are not asking for your vote to do often in the Congress of the United the extraordinary. We ask for your vote to States, but this is a unique situation. rights. The laws of Virginia would recognize our heritage and our place in his- These are the Indian tribes that en- apply on this land. They are not al- tory. abled the first English settlers to sur- lowed to engage in gambling like other What about gaming? Won’t this allow gam- vive in the colonies. We have right here Indian tribes. This is a part of a list of ing by the Indian Tribes? in the Dome of the Capitol John Gads- compromises they have made. They’ve Our goal is not now, nor has it ever been, made all of these compromises because to establish or utilize gaming. Our heritage by Chapman’s dramatic painting of Po- is such that our affiliation with churches has cahontas’ baptism. That commemo- it is important to them that their chil- been strong, having embraced collectively rates a landmark historic event, but it dren, grandchildren and great grand- (and individually) the faith, beliefs and sac- is connected to what happened 400 children recognize that these are Na- raments of several Christian denominations. years ago when these Indians enabled tive American people deserving of our Gaming is, however, an issue that concerns the English settlers to survive, and utmost respect. They are people who many of you. As such, HR 1385 has strong eventually it led to Virginia being one deserve to be able to hold their chins anti-gaming language. In fact, the language of the original 13 colonies. We know up in pride for what they meant to this prohibits our Tribes from gaming even if it is allowed in the Commonwealth of Virginia for the situation today, but what we do country. its citizens generally! not know is the history of the Indian I strongly urge support of this legis- With our deepest respect and admiration, tribes that enabled the English settlers lation. It’s overdue. we ask you to use this kernel of corn to vote to survive on this continent. They have Mr. Chairman, I know it is against the rules YES on HR 1385. been very badly treated. And, in fact, of the House to address anyone but the Sincerely, even though they have a treaty signed Speaker. WAYNE ADKINS, If it were allowed, I would want to address President. with King Charles II in 1677, in the early part of the 20th century, the the 2,500 or so members of the six Virginia Enclosure. tribes seeking Federal recognition. Again, my concern is not with the Commonwealth of Virginia conducted what was called a paper genocide. They I would say that I know their quest to assert Federal recognition of Virginia Indian their identity and their rights has been a long tribes but with the explosive spread of made it illegal to be an American In- dian in Virginia. They went into the struggle. gambling and with the potential for ca- Despite centuries of racial hostility and coer- courthouses and destroyed the birth sino gambling to come to the State of cion by the Commonwealth of Virginia and records and everything they could re- Virginia. others, they have refused to yield their most lating to the legitimacy of these Indian I also continue to have concerns basic human right and have suffered and lost tribes, even though everyone knew about the broader Indian recognition much. process. Quite frankly, this Congress that they did actually exist. This was a But, throughout the centuries they have re- has not done enough to help Indian time of severe racism, a time that we tained their dignity and supported their people. tribes. The process is broken. We have are very shamed by. But these Indian When it appeared that no one else would, seen that in the past; but today, I’m tribes never gave up their pride or when little was available, when even the doors supporting this bill because I believe it their stature. of public school house were closed to their ensures that the State of Virginia’s in- The CHAIR. The time of the gen- children, they have never yielded to those who terests are safeguarded while still pro- tleman has expired. said they didn’t exist. viding full recognition. Mr. RAHALL. I yield the gentleman 2 Mr. Chairman, I would say to the Virginia Again, I want to thank the chairman, additional minutes. tribes; win or lose today, you have already Mr. MORAN of Virginia. I thank my and I want to thank Mr. MORAN. This is won by refusing to yield and by remaining true good friend, Chairman RAHALL from really significant. If only we had had and faithful to who you are. this language in previous recognitions; West Virginia, who has been tremen- I would also say that it has been an honor I think a lot of the problems we have in dous in supporting this legislation. for me to have helped carry this legislation. this country with gambling and with To go back to the history behind this While it is less than ideal, it moves you clos- corruption and crime would not have bill, this is so much a matter of pride er to the day our national government recog- taken place. and the restoration of justice. They nizes your existence. survived even though they were denied Mr. Chairman, as Members of this chamber 1330 b employment and were denied edu- know, the crafting of congressional legislation Mr. RAHALL. Mr. Chairman, I am cational opportunities. The only people is far from a perfect process. But, when it happy to yield 3 minutes to the distin- who provided it were Christian mis- speaks, it speaks with the people’s voice. guished gentleman from Virginia (Mr. sionaries. They oppose gambling. They Today, I encourage my colleagues to speak MORAN), the main sponsor of this legis- don’t even take advantage of the op- and finally affirm that the Virginia tribes exist lation and without whose leadership we portunity to have bingo games, which and deserve Federal recognition. would not be considering it today. other nonprofits do in their vicinity, Mr. HASTINGS of Washington. I am Mr. MORAN of Virginia. Thank you because they don’t think it’s the right pleased to yield 3 minutes to the gen- very much, Chairman RAHALL. And I thing. So I don’t think that’s any kind tleman from Virginia (Mr. WITTMAN). thank my colleagues Mr. WOLF and Mr. of a threat. Every other objection that Mr. WITTMAN. I rise in support of SCOTT. I understand Mr. WOLF’s origi- has been raised I think has been ade- H.R. 1385, the Thomasina E. Jordan In- nal reluctance to originally agree with quately and fully addressed. dian Tribes of Virginia Federal Rec- the bill, but we have put in language These are good people, and they have ognition Act of 2009. I would like to that I understand is now acceptable to been subjected to a great deal that was start by thanking Ranking Member Mr. WOLF. Mr. WOLF genuinely was unjust. We should have done this by HASTINGS for yielding time to me. I concerned about the possibility of ca- the 400th anniversary of Jamestown, would like to thank Representative sino gambling in Virginia. The lan- but today we are about to do so two MORAN for his hard work in intro- guage in this bill addresses that satis- years later. ducing this bill and for his work on be- factorily to Mr. WOLF. So I would hope Now there was a Supreme Court deci- half of the tribes. I would like to thank that others who have previously op- sion just a few months ago in Feb- Chairman RAHALL for his leadership in posed this legislation would follow Mr. ruary, and that Supreme Court deci- moving this legislation forward. We WOLF’s leadership and support it. We sion said that the Secretary of the In- thank you for your efforts. It is an ef- are having some discussions on a very terior no longer has unilateral discre- fort long overdue. small piece of land with Mr. GOOD- tion to determine what lands can be As a cosponsor of H.R. 1385, I am sup- LATTE, another colleague from Vir- put in trust. That’s why some addi- portive of Federal recognition of Vir- ginia, and I trust we can work that out. tional lands and counties were included ginia’s Indian tribes. This bill would These six Indian tribes have sac- in this bill in case there is land that extend Federal recognition to six Vir- rificed a great deal and have undergone would be given to these Indian tribes in ginia tribes; and my district, the First

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.039 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6105 Congressional District of Virginia, bet- Mr. Chairman, I rise today in strong hearing we did hear testimony that at ter known as America’s First District, support of H.R. 1385, legislation to ex- least in part disputed the issue of paper includes the historic tribal areas of the tend Federal recognition of the genocide. I wanted to make that obser- Chickahominy, Chickahominy Eastern Thomasina E. Jordan Indian Tribes of vation in the debate today. Division, Upper Mattaponi, Rappahan- Virginia. With that, I reserve the balance of nock and Nansemond tribes. These Mr. Chairman, under the current my time. tribes are important culturally and Federal recognition process for recog- Mr. RAHALL. Mr. Chairman, how historically to the Commonwealth of nizing Indian tribes, the six Virginia much time remains on both sides? Virginia. Tribal ancestors from these tribes considered under this bill may The CHAIR. The gentleman from tribes populated coastal Virginia when not be able to meet the strict quali- West Virginia has 171⁄2 minutes remain- Captain John Smith settled at James- fying requirements under the Federal ing, and the gentleman from Wash- town in 1607. These ‘‘first contact’’ recognition process. This is despite the ington has 15 minutes remaining. tribes have been intertwined with the wealth of documentation that exists Mr. RAHALL. Mr. Chairman, I yield birth of our Nation for over 400 years for each of these tribes. While ref- 3 minutes to the gentleman from Wash- and continue to preserve a culture and erences exist from the 1600s until the ington (Mr. MCDERMOTT). heritage important to both Virginia present showing the existence of these (Mr. MCDERMOTT asked and was and the Nation. Indian tribes in the Virginia area, given permission to revise and extend I believe that it’s especially impor- much of the documentation that is his remarks.) tant to recognize these tribes because needed to meet the criteria in the Fed- Mr. MCDERMOTT. Mr. Speaker, I so many tribal members served our eral recognition process has been tam- want to congratulate Mr. RAHALL, Mr. country bravely and heroically as pered with or destroyed. MORAN, Mr. WITTMAN, Mr. CONNOLLY, members of our armed services. These Mr. Chairman, this is another perfect Mr. GRIJALVA, Mr. SCOTT, Mr. ABER- tribal members who served our country example of a recognition process that CROMBIE and Mr. KILDEE for intro- during our Nation’s conflicts have not has not worked and that any group of ducing legislation that confers Federal been officially recognized by our gov- people who don’t make a paper trail to recognition on the Indian tribes of Vir- ernment. This legislation, after nearly prove their existence aren’t worthy of ginia. 400 years, will recognize these tribes. Federal recognition. Congress has the Affirming sovereign recognition first Mr. Chairman, I’m a cosponsor of authority to correct this grave injus- conferred by treaties is a matter of this bill, and I definitely and strongly tice to these tribes. After some 400 both history and conscience for the support its passage. However, I do want years, Mr. Chairman, it is long over- United States. Today we are correcting to bring up one point. I have heard due. I urge my colleagues to support the mistakes of the past that relate to from some in the convenience store and this bill. tribes that were among the very first gasoline marketing industry who have Mr. HASTINGS of Washington. Mr. to be in contact with white settlers faced issues in other States when tribal Chairman, I yield myself as much time when they came to these shores in 1607. businesses sell gasoline and tobacco as I may consume. While this is a great day for the tribes tax-free to nontribal members, nega- The gentleman from Northern Vir- of Virginia, we must not forget that tively impacting off-reservation busi- ginia (Mr. MORAN) made an observation ness and State tax revenue. I don’t about the paper genocide issue, and I our work is not finished. The want to see these types of problems in have to say that every member at the Duwamish tribe has lived in Seattle, the Commonwealth of Virginia, and I committee hearing that attended that which I represent, and has been there don’t believe that we will. I have assur- hearing and heard the testimony on for centuries, long before there was the ance from the tribes that that is not H.R. 1385 were, frankly, shocked and United States or a State of Wash- their intent, and we’ve had a great saddened and dismayed that, in fact, ington. Seattle, in fact, was named working relationship with the Virginia this sort of action went on in Virginia, after the great Duwamish chief, Chief General Assembly who have said that how they treated the Indian people in Seattle. they will be working to make sure that the 20th century. I think that goes b 1345 without saying. But I do want to point through State compacts that this is Despite the treaty of Point Elliot, out, Mr. Chairman, for the record that taken care of. I bring this up with the which the Duwamish signed in good there was a career employee of the Bu- hope that, moving forward, we can ad- faith with the United States in 1855, reau of Indian Affairs who heads up the dress this issue while respecting tribal Federal recognition has not been ex- Office of Federal Acknowledgement sovereignty and protecting nontribal tended, and in my belief, this is wrong. that had a different view, and I just at businesses. I do believe that that will It went through the process. It was least want to put that on the record as happen. I believe that folks with the signed by President Clinton. And in tribes are going to make that happen. we debate this issue. one of his first executive orders, Presi- I think they have reached out and have He said, ‘‘Records in Virginia do dent Bush reversed the decision of rec- done an extraordinary job in doing ev- exist, and they were not destroyed. The ognition of the Duwamish. And it is erything to make sure that they are vital records of birth, marriage, di- time to correct that injustice with the helpful in getting this issue taken care vorce, death and probate, they are in Duwamish, just as we are doing here in of. the record. Not only are they in the Mr. Chairman, I am pleased to hands of the individuals to whom they Virginia. strongly support this bill, and I ask my pertain, but they are available at the That is why I am introducing legisla- colleagues to do the same. local registrar level and State registrar tion today to confer Federal recogni- Mr. RAHALL. Mr. Chairman, I am level.’’ He went on, continuing to tion on the Duwamish tribe. So long as happy to yield 2 minutes to the very quote, ‘‘In preparation for this hearing, one Native tribe is denied justice and valued member of our Committee on I wanted to reach into what evidence rights to which they are entitled, we Natural Resources, the gentleman from was submitted on behalf of the Virginia all suffer. American Samoa (Mr. FALEOMAVAEGA). groups, and in 2001 this was the mate- It is my hope that the new day dawn- (Mr. FALEOMAVAEGA asked and rial that we received. And one of the ing across America is bright enough to was given permission to revise and ex- group’s materials were copies of vital shine enough light for us to see and tend his remarks.) records that were not destroyed.’’ correct the injustices endured for too Mr. FALEOMAVAEGA. Mr. Chair- So this BIA witness went on to de- long by the First Americans. I hope man, I do want to thank the distin- scribe how these documents identified that we will have a day like this some guished chairman of our committee, the persons and Indians. So it appears time soon for the Duwamish tribe. Mr. RAHALL, and our ranking member, that there are records in Virginia, not- Mr. RAHALL. Mr. Chairman, I yield Mr. HASTINGS, even though he may withstanding the fact that the State of 5 minutes to the gentleman from Vir- have some reservations concerning this Virginia went through this process in ginia (Mr. MORAN). bill but especially also to thank my the last century. Mr. MORAN of Virginia. I thank my colleague Mr. MORAN as the chief au- So, Mr. Chairman, I just wanted to good friend and outstanding chairman thor of this important bill. point that out that in the committee of the Natural Resources Committee.

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.054 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6106 CONGRESSIONAL RECORD — HOUSE June 3, 2009 I know the House leadership and tribes that resisted encroachment and who cared about them were Christian Chairman RAHALL are undertaking obtained Federal recognition when missionaries who allowed them to get some risk in having scheduled this leg- they signed peace treaties with the some education. But they were denied islation because this type of legislation Federal Government, Virginia’s tribes employment for much of their history is invariably controversial. But Con- signed their peace treaties with the in the 20th century in Virginia. gress’ past reluctance to grant Federal kings of England. We are rectifying this wrong today. recognition and the demeaning and Most notable among these was the And in light of the 400th anniversary of dysfunctional acknowledgement proc- Treaty of 1677 between these tribes and Jamestown, we will bring closure to ess at the Bureau of Indian Affairs has Charles II that is still observed by Vir- this national injustice. There is no served to compound a grave injustice ginia every year when the Governor ac- doubt that these tribes have existed on that this legislation will redress. cepts tribute. I was there with Mr. a continuous basis since before the The Virginia tribes identified in this SCOTT just this year. Governor Kaine first Western European settlers set foot legislation, as I mentioned earlier, are accepted a deer that was brought by in America, and they are here with us the direct descendants of the tribes the tribes. And it is a ceremony that today. that greeted and ensured the survival has been observed for 331 years. It is I know there is great resistance from of the first permanent English colony the longest celebrated treaty in the Congress to grant any American tribe in the New World. United States today. Federal recognition. And I can appre- Almost exactly 2 years ago to this Now the second unique circumstance ciate how the issue of gambling and its day, we marked the 400th anniversary for the Virginia tribes is what they ex- economic and moral dimension influ- of the founding of Jamestown. It was perienced in the hands of the State ence many Members’ perspectives in an event important enough to bring government during the first half of the tribal recognition issues. Queen Elizabeth across the Atlantic to 20th century that Mr. HASTINGS has The Virginia tribes have agreed to commemorate. alluded to. It is called a ‘‘paper gen- forgo gaming. An amendment offered While the 1607 settlement succeeded ocide.’’ At a time when the Federal by Congressman DUNCAN offered last and laid the English claim and founda- Government granted Native Americans session was approved by the Natural tion for the original 13 colonies, his- the right to vote, Virginia’s elected of- Resources Committee. That is in this tory has not been very kind to Vir- ficials adopted racially hostile laws bill before us. It prohibits these tribes ginia’s Native Americans of the great targeted at those classes of people who from gaming under Federal law even if Powhatan Confederacy who greeted the did not fit into the dominant white so- one day the State were to reverse English and provided food and assist- ciety. course and set up gambling casinos in ance to ensure their initial survival. These actions culminated with the the State. The State can have gam- Few are aware today that the direct Racial Integrity Act of 1924 that tar- bling casinos. These Indians cannot. Go descendants of the Native Americans geted Native Americans and sought to figure. But that is the way the legisla- who met these settlers are with us deny them their identity. The act em- tion reads. today. And in fact, some are in the powered zealots, like Dr. Walter The Virginia tribes, under the bill Chamber watching. And they are still Plecker. He was in charge of the Bu- being considered today, could not en- awaiting their due recognition by our reau of Records at the State and he de- gage in gambling on their sovereign Federal Government. This is the oppor- stroyed all the State and local court- lands. The Virginia tribes are also pre- tunity to correct this grave wrong. house records and reclassified, in Or- pared to grant Virginia full civil and This bill, at long last, is named after wellian fashion, all nonwhites in the criminal jurisdiction over any future Thomasina E. Jordan, who fought in words of the day as ‘‘colored.’’ reservation lands until such time as such a committed way to get this rec- It targeted Native Americans and the Secretary of the Interior and the ognition once she realized the history sought to deny them their identity. U.S. Attorney General agree that they of discrimination that necessitated it. Calling yourself a ‘‘Native American’’ have developed an acceptable alter- It grants recognition to the six Indian in Virginia risked a jail sentence of 1 native judicial framework that the tribes in Virginia, and I would like to year. For up to 50 years, State officials Federal Government can honor. name them: the Chickahominy, the waged a war to destroy all public and Mr. Chairman, these tribes recognize Eastern Chickahominy, the Upper private records that affirmed the exist- that the legislative route to recogni- Mattaponi, the Rappahannock, the ence of Native Americans in Virginia. tion is a very imperfect process and Monacan and the Nansemond. The That law remained in effect until it that compromise is a necessary ingre- Commonwealth of Virginia recognized was struck down in the Federal courts dient. That compromise and that bal- all six tribes in the 1980s. It is now in 1967. ance have now been struck. Now is the time for the Federal Government, by All six tribes have filed petitions time to pass this legislation. Failure to this act of the U.S. Congress, to do the with the Bureau of Acknowledgement do so would unravel the progress we same. seeking Federal recognition. But it is a have made and lose this time in history Like most Native Americans, the heavy burden. They have been told it for these tribes to finally gain Federal Virginia tribes welcomed Western set- won’t happen in their lifetime. The ac- recognition. It would be a setback and tlers but quickly became subdued. The knowledgement process is expensive. It an injustice. They have suffered settlers had guns, and Indians had bows is subject to unreasonable delays. It enough injustices. Let’s not add an- and arrows. They were pushed off their lacks dignity. We ought to address that other one. land, and up through much of the 20th separately. But Virginia’s history of Congress has the power to recognize century, denied any rights as U.S. citi- this paper genocide only further com- these tribes. It has exercised these zens. plicates these tribes’ quest for Federal powers in the past. It should exercise Despite their devastating loss of land recognition, making it difficult to fur- this power again for these six tribes. and population, the Virginia Indians nish corroborating State and official More than 300 of the 562 federally rec- survived centuries of racial hostility documents. They can’t really prove it ognized tribes have been recognized by and coercive State and State-sanc- because the documents were destroyed. an act of Congress. tioned actions that tried to eradicate The CHAIR. The time of the gen- I urge my colleagues to support this their heritage and cultural identity. tleman has expired. legislation. We will be doing our part The history of Virginia tribes is Mr. RAHALL. I yield the gentleman 3 to bring closure to some tragic and un- unique in two important ways that are additional minutes. just acts that have transpired since relevant to why this bill is on the Mr. MORAN of Virginia. I thank my Englishmen established their first per- House floor today. The first explains good friend. So here they are told to manent settlement more than 400 years why the Virginia tribes were never rec- prove their existence, and yet the ago in this New World. This is the right ognized by the Federal Government. State government destroyed the proof thing to do. I trust that Congress will The second explains why congressional of their existence, again aggravating do it today. action is absolutely needed. The first an injustice that had already been vis- Mr. HASTINGS of Washington. Mr. circumstance is that unlike most ited upon these people. The only people Chairman, I reserve my time.

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.058 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6107 Mr. RAHALL. If I might ask the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (A) the Chickahominy Indian Tribe agreed to ranking member, do you have further (a) SHORT TITLE.—This Act may be cited as provide 2 bushels of corn per man and send war- speakers? the ‘‘Thomasina E. Jordan Indian Tribes of Vir- riors to protect the English; and Mr. HASTINGS of Washington. Mr. ginia Federal Recognition Act of 2009’’. (B) Sir Thomas Dale agreed in return to allow Chairman, I advised my friend, I have (b) TABLE OF CONTENTS.—The table of con- the Tribe to continue to practice its own tribal tents of this Act is as follows: governance; no further speakers. But I just want to Sec. 1. Short title; table of contents. (3) in 1646, a treaty was signed which forced take a moment here to close before- the Chickahominy from their homeland to the TITLE I—CHICKAHOMINY INDIAN TRIBE hand. area around the York Mattaponi River in So with that I yield myself the bal- Sec. 101. Findings. present-day King William County, leading to ance of the time. Sec. 102. Definitions. the formation of a reservation; I think what has been demonstrated Sec. 103. Federal recognition. (4) in 1677, following Bacon’s Rebellion, the Sec. 104. Membership; governing documents. Queen of Pamunkey signed the Treaty of Mid- on the floor here is the passion sur- Sec. 105. Governing body. rounding this issue. And I can cer- dle Plantation on behalf of the Chickahominy; Sec. 106. Reservation of the Tribe. (5) in 1702, the Chickahominy were forced tainly understand that passion, espe- Sec. 107. Hunting, fishing, trapping, gathering, from their reservation, which caused the loss of cially with the history, particularly and water rights. a land base; here in the eastern part of the United Sec. 108. Jurisdiction of Commonwealth of Vir- (6) in 1711, the College of William and Mary in States. And I don’t expect that my op- ginia. Williamsburg established a grammar school for position or my arguments are going to TITLE II—CHICKAHOMINY INDIAN TRIBE— Indians called Brafferton College; change the outcome of the votes, as I EASTERN DIVISION (7) a Chickahominy child was 1 of the first In- mentioned in my opening remarks. But Sec. 201. Findings. dians to attend Brafferton College; as I mentioned in my opening remarks, Sec. 202. Definitions. (8) in 1750, the Chickahominy Indian Tribe began to migrate from King William County because of the Carcieri decision, I Sec. 203. Federal recognition. Sec. 204. Membership; governing documents. back to the area around the Chickahominy think it is important for us to set at River in New Kent and Charles City Counties; least some guidelines as to what proc- Sec. 205. Governing body. Sec. 206. Reservation of the Tribe. (9) in 1793, a Baptist missionary named ess we in Congress, who have the con- Sec. 207. Hunting, fishing, trapping, gathering, Bradby took refuge with the Chickahominy and stitutional right, by the way, to recog- and water rights. took a Chickahominy woman as his wife; nize tribes, at least to have a set of cri- Sec. 208. Jurisdiction of Commonwealth of Vir- (10) in 1831, the names of the ancestors of the teria that we should look at. And one ginia. modern-day Chickahominy Indian Tribe began of them ought to be at least some veri- to appear in the Charles City County census TITLE III—UPPER MATTAPONI TRIBE records; fication at the minimal. Sec. 301. Findings. (11) in 1901, the Chickahominy Indian Tribe I know that at the Bureau of Indian Sec. 302. Definitions. formed Samaria Baptist Church; Affairs, and admittedly this is regu- Sec. 303. Federal recognition. (12) from 1901 to 1935, Chickahominy men latory, there are seven or eight steps Sec. 304. Membership; governing documents. were assessed a tribal tax so that their children that certainly make sense. A lot of Sec. 305. Governing body. could receive an education; tribes have gone through that process. Sec. 306. Reservation of the Tribe. (13) the Tribe used the proceeds from the tax So I understand the passion. I respect Sec. 307. Hunting, fishing, trapping, gathering, to build the first Samaria Indian School, buy the passion and the work that has been and water rights. supplies, and pay a teacher’s salary; Sec. 308. Jurisdiction of Commonwealth of Vir- (14) in 1919, C. Lee Moore, Auditor of Public done on this. But for the reasons I out- ginia. Accounts for Virginia, told Chickahominy Chief lined, more of a process reason than TITLE IV—RAPPAHANNOCK TRIBE, INC. O.W. Adkins that he had instructed the Com- anything else, I urge my colleagues to missioner of Revenue for Charles City County to Sec. 401. Findings. vote against this legislation. record Chickahominy tribal members on the Sec. 402. Definitions. And with that, I yield back my time. county tax rolls as Indian, and not as white or Sec. 403. Federal recognition. Mr. RAHALL. Mr. Chairman, I yield Sec. 404. Membership; governing documents. colored; (15) during the period of 1920 through 1930, myself the balance of my time. Sec. 405. Governing body. various Governors of the Commonwealth of Vir- Just to respond to my dear friend, Sec. 406. Reservation of the Tribe. ginia wrote letters of introduction for Chicka- the gentleman from Washington, the Sec. 407. Hunting, fishing, trapping, gathering, hominy Chiefs who had official business with Carcieri decision did not impact Con- and water rights. Sec. 408. Jurisdiction of Commonwealth of Vir- Federal agencies in Washington, DC; gress’ power to place land into trust for (16) in 1934, Chickahominy Chief O.O. Adkins ginia. an Indian tribe directly or Congress’ wrote to John Collier, Commissioner of Indian power to authorize the Secretary to TITLE V—MONACAN INDIAN NATION Affairs, requesting money to acquire land for place land in a trust for a specific tribe Sec. 501. Findings. the Chickahominy Indian Tribe’s use, to build beyond the general authority found in Sec. 502. Definitions. school, medical, and library facilities and to buy the Indian Reorganization Act. Sec. 503. Federal recognition. tractors, implements, and seed; There is much precedent for this leg- Sec. 504. Membership; governing documents. (17) in 1934, John Collier, Commissioner of In- islation. Congress has recognized other Sec. 505. Governing body. dian Affairs, wrote to Chickahominy Chief O.O. Indian tribes and placed land into trust Sec. 506. Reservation of the Tribe. Adkins, informing him that Congress had passed Sec. 507. Hunting, fishing, trapping, gathering, and/or authorized the Secretary to the Act of June 18, 1934 (commonly known as and water rights. the ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 place land into trust for those tribes on Sec. 508. Jurisdiction of Commonwealth of Vir- et seq.), but had not made the appropriation to numerous occasions. So I just conclude ginia. fund the Act; by saying that this legislation, again, TITLE VI—NANSEMOND INDIAN TRIBE (18) in 1942, Chickahominy Chief O.O. Adkins is not affected by the Carcieri decision, Sec. 601. Findings. wrote to John Collier, Commissioner of Indian nor does this legislation overturn said Sec. 602. Definitions. Affairs, asking for help in getting the proper ra- decision. Sec. 603. Federal recognition. cial designation on Selective Service records for Mr. Chairman, I have no further re- Sec. 604. Membership; governing documents. Chickahominy soldiers; quests for time, and I yield back the Sec. 605. Governing body. (19) in 1943, John Collier, Commissioner of In- balance of my time. Sec. 606. Reservation of the Tribe. dian Affairs, asked Douglas S. Freeman, editor The CHAIR. All time for general de- Sec. 607. Hunting, fishing, trapping, gathering, of the Richmond News-Leader newspaper of and water rights. Richmond, Virginia, to help Virginia Indians bate has expired. obtain proper racial designation on birth Pursuant to the rule, the amendment Sec. 608. Jurisdiction of Commonwealth of Vir- ginia. records; in the nature of a substitute printed in (20) Collier stated that his office could not of- the bill shall be considered as an origi- TITLE I—CHICKAHOMINY INDIAN TRIBE ficially intervene because it had no responsi- nal bill for the purpose of amendment SEC. 101. FINDINGS. bility for the Virginia Indians, ‘‘as a matter under the 5-minute rule and shall be Congress finds that— largely of historical accident’’, but was ‘‘inter- considered read. (1) in 1607, when the English settlers set shore ested in them as descendants of the original in- The text of the committee amend- along the Virginia coastline, the Chickahominy habitants of the region’’; ment is as follows: Indian Tribe was 1 of about 30 tribes that re- (21) in 1948, the Veterans’ Education Com- ceived them; mittee of the Virginia State Board of Education H.R. 1385 (2) in 1614, the Chickahominy Indian Tribe approved Samaria Indian School to provide Be it enacted by the Senate and House of Rep- entered into a treaty with Sir Thomas Dale, training to veterans; resentatives of the United States of America in Governor of the Jamestown Colony, under (22) that school was established and run by Congress assembled, which— the Chickahominy Indian Tribe;

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 6333 E:\CR\FM\K03JN7.059 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6108 CONGRESSIONAL RECORD — HOUSE June 3, 2009 (23) in 1950, the Chickahominy Indian Tribe SEC. 106. RESERVATION OF THE TRIBE. (6) in 1711, the College of William and Mary in purchased and donated to the Charles City (a) IN GENERAL.—Upon the request of the Williamsburg established a grammar school for County School Board land to be used to build a Tribe, the Secretary of the Interior— Indians called Brafferton College; modern school for students of the Chickahominy (1) shall take into trust for the benefit of the (7) a Chickahominy child was 1 of the first In- and other Virginia Indian tribes; Tribe any land held in fee by the Tribe that was dians to attend Brafferton College; (24) the Samaria Indian School included stu- acquired by the Tribe on or before January 1, (8) in 1750, the Chickahominy Indian Tribe dents in grades 1 through 8; 2007, if such lands are located within the bound- began to migrate from King William County (25) in 1961, Senator Sam Ervin, Chairman of aries of New Kent County, James City County, back to the area around the Chickahominy the Subcommittee on Constitutional Rights of Charles City County, or Henrico County, Vir- River in New Kent and Charles City Counties; the Committee on the Judiciary of the Senate, ginia; and (9) in 1793, a Baptist missionary named requested Chickahominy Chief O.O. Adkins to (2) may take into trust for the benefit of the Bradby took refuge with the Chickahominy and provide assistance in analyzing the status of the Tribe any land held in fee by the Tribe, if such took a Chickahominy woman as his wife; constitutional rights of Indians ‘‘in your area’’; lands are located within the boundaries of New (26) in 1967, the Charles City County school Kent County, James City County, Charles City (10) in 1831, the names of the ancestors of the board closed Samaria Indian School and con- County, or Henrico County, Virginia. modern-day Chickahominy Indian Tribe began verted the school to a countywide primary (b) DEADLINE FOR DETERMINATION.—The Sec- to appear in the Charles City County census school as a step toward full school integration retary shall make a final written determination records; of Indian and non-Indian students; not later than three years of the date which the (11) in 1870, a census revealed an enclave of (27) in 1972, the Charles City County school Tribe submits a request for land to be taken into Indians in New Kent County that is believed to board began receiving funds under the Indian trust under subsection (a)(2) and shall imme- be the beginning of the Chickahominy Indian Self-Determination and Education Assistance diately make that determination available to the Tribe—Eastern Division; Act (25 U.S.C. 458aa et seq.) on behalf of Chick- Tribe. (12) other records were destroyed when the ahominy students, which funding is provided as (c) RESERVATION STATUS.—Any land taken New Kent County courthouse was burned, leav- of the date of enactment of this Act under title into trust for the benefit of the Tribe pursuant ing a State census as the only record covering V of the Indian Self-Determination and Edu- to this paragraph shall, upon request of the that period; cation Assistance Act (25 U.S.C. 458aaa et seq.); Tribe, be considered part of the reservation of (13) in 1901, the Chickahominy Indian Tribe (28) in 1974, the Chickahominy Indian Tribe the Tribe. formed Samaria Baptist Church; bought land and built a tribal center using (d) GAMING.—The Tribe may not conduct gam- (14) from 1901 to 1935, Chickahominy men monthly pledges from tribal members to finance ing activities as a matter of claimed inherent were assessed a tribal tax so that their children the transactions; authority or under the authority of any Federal could receive an education; (29) in 1983, the Chickahominy Indian Tribe law, including the Indian Gaming Regulatory (15) the Tribe used the proceeds from the tax was granted recognition as an Indian tribe by Act (25 U.S.C. 2701 et seq.) or under any regula- to build the first Samaria Indian School, buy the Commonwealth of Virginia, along with 5 tions thereunder promulgated by the Secretary supplies, and pay a teacher’s salary; other Indian tribes; and or the National Indian Gaming Commission. (30) in 1985, Governor Gerald Baliles was the (16) in 1910, a 1-room school covering grades 1 SEC. 107. HUNTING, FISHING, TRAPPING, GATH- through 8 was established in New Kent County special guest at an intertribal Thanksgiving ERING, AND WATER RIGHTS. Day dinner hosted by the Chickahominy Indian Nothing in this title expands, reduces, or af- for the Chickahominy Indian Tribe—Eastern Tribe. fects in any manner any hunting, fishing, trap- Division; SEC. 102. DEFINITIONS. ping, gathering, or water rights of the Tribe and (17) during the period of 1920 through 1921, In this title: members of the Tribe. the Chickahominy Indian Tribe—Eastern Divi- (1) SECRETARY.—The term ‘‘Secretary’’ means SEC. 108. JURISDICTION OF COMMONWEALTH OF sion began forming a tribal government; the Secretary of the Interior. VIRGINIA. (18) E.P. Bradby, the founder of the Tribe, (2) TRIBAL MEMBER.—The term ‘‘tribal mem- (a) IN GENERAL.—The Commonwealth of Vir- was elected to be Chief; ber’’ means— ginia shall exercise jurisdiction over— (19) in 1922, Tsena Commocko Baptist Church (A) an individual who is an enrolled member (1) all criminal offenses that are committed was organized; of the Tribe as of the date of enactment of this on; and (20) in 1925, a certificate of incorporation was Act; and (2) all civil actions that arise on, issued to the Chickahominy Indian Tribe—East- (B) an individual who has been placed on the lands located within the Commonwealth of Vir- ern Division; membership rolls of the Tribe in accordance ginia that are owned by, or held in trust by the (21) in 1950, the 1-room Indian school in New with this title. United States for, the Tribe. RIBE Kent County was closed and students were (3) T .—The term ‘‘Tribe’’ means the (b) ACCEPTANCE OF STATE JURISDICTION BY Chickahominy Indian Tribe. bused to Samaria Indian School in Charles City SECRETARY.—The Secretary of the Interior is County; SEC. 103. FEDERAL RECOGNITION. authorized to accept on behalf of the United (a) FEDERAL RECOGNITION.— (22) in 1967, the Chickahominy Indian Tribe (1) IN GENERAL.—Federal recognition is ex- States, after consulting with the Attorney Gen- and the Chickahominy Indian Tribe—Eastern tended to the Tribe. eral of the United States, all or any portion of Division lost their schools as a result of the re- (2) APPLICABILITY OF LAWS.—All laws (includ- the jurisdiction of the Commonwealth of Vir- quired integration of students; ing regulations) of the United States of general ginia described in subsection (a) upon (23) during the period of 1982 through 1984, applicability to Indians or nations, Indian verification by the Secretary of a certification Tsena Commocko Baptist Church built a new tribes, or bands of Indians (including the Act of by a tribe that it possesses the capacity to re- sanctuary to accommodate church growth; June 18, 1934 (25 U.S.C. 461 et seq.)) that are not assume such jurisdiction. (24) in 1983 the Chickahominy Indian Tribe— inconsistent with this title shall be applicable to TITLE II—CHICKAHOMINY INDIAN TRIBE— Eastern Division was granted State recognition the Tribe and tribal members. EASTERN DIVISION along with 5 other Virginia Indian tribes; (b) FEDERAL SERVICES AND BENEFITS.— SEC. 201. FINDINGS. (25) in 1985— (1) IN GENERAL.—On and after the date of en- Congress finds that— (A) the Virginia Council on Indians was orga- actment of this Act, the Tribe and tribal mem- (1) in 1607, when the English settlers set shore nized as a State agency; and bers shall be eligible for all services and benefits along the Virginia coastline, the Chickahominy (B) the Chickahominy Indian Tribe—Eastern provided by the Federal Government to federally Indian Tribe was 1 of about 30 tribes that re- Division was granted a seat on the Council; recognized Indian tribes without regard to the ceived them; existence of a reservation for the Tribe. (2) in 1614, the Chickahominy Indian Tribe (26) in 1988, a nonprofit organization known (2) SERVICE AREA.—For the purpose of the de- entered into a treaty with Sir Thomas Dale, as the ‘‘United Indians of Virginia’’ was formed; livery of Federal services to tribal members, the Governor of the Jamestown Colony, under and service area of the Tribe shall be considered to which— (27) Chief Marvin ‘‘Strongoak’’ Bradby of the be the area comprised of New Kent County, (A) the Chickahominy Indian Tribe agreed to Eastern Band of the Chickahominy presently James City County, Charles City County, and provide 2 bushels of corn per man and send war- chairs the organization. Henrico County, Virginia. riors to protect the English; and SEC. 202. DEFINITIONS. SEC. 104. MEMBERSHIP; GOVERNING DOCU- (B) Sir Thomas Dale agreed in return to allow In this title: MENTS. the Tribe to continue to practice its own tribal (1) SECRETARY.—The term ‘‘Secretary’’ means The membership roll and governing documents governance; the Secretary of the Interior. of the Tribe shall be the most recent membership (3) in 1646, a treaty was signed which forced (2) TRIBAL MEMBER.—The term ‘‘tribal mem- roll and governing documents, respectively, sub- the Chickahominy from their homeland to the ber’’ means— mitted by the Tribe to the Secretary before the area around the York River in present-day King (A) an individual who is an enrolled member date of enactment of this Act. William County, leading to the formation of a of the Tribe as of the date of enactment of this SEC. 105. GOVERNING BODY. reservation; The governing body of the Tribe shall be— (4) in 1677, following Bacon’s Rebellion, the Act; and (1) the governing body of the Tribe in place as Queen of Pamunkey signed the Treaty of Mid- (B) an individual who has been placed on the of the date of enactment of this Act; or dle Plantation on behalf of the Chickahominy; membership rolls of the Tribe in accordance (2) any subsequent governing body elected in (5) in 1702, the Chickahominy were forced with this title. accordance with the election procedures speci- from their reservation, which caused the loss of (3) TRIBE.—The term ‘‘Tribe’’ means the fied in the governing documents of the Tribe. a land base; Chickahominy Indian Tribe—Eastern Division.

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SEC. 203. FEDERAL RECOGNITION. (b) ACCEPTANCE OF STATE JURISDICTION BY (18) in 1928, University of Pennsylvania an- (a) FEDERAL RECOGNITION.— SECRETARY.—The Secretary of the Interior is thropologist Frank Speck published a book on (1) IN GENERAL.—Federal recognition is ex- authorized to accept on behalf of the United modern Virginia Indians with a section on the tended to the Tribe. States, after consulting with the Attorney Gen- Upper Mattaponis; (2) APPLICABILITY OF LAWS.—All laws (includ- eral of the United States, all or any portion of (19) from 1929 until 1930, the leadership of the ing regulations) of the United States of general the jurisdiction of the Commonwealth of Vir- Upper Mattaponi Indians opposed the use of a applicability to Indians or nations, Indian ginia described in subsection (a) upon ‘‘colored’’ designation in the 1930 United States tribes, or bands of Indians (including the Act of verification by the Secretary of a certification census and won a compromise in which the In- June 18, 1934 (25 U.S.C. 461 et seq.)) that are not by a tribe that it possesses the capacity to re- dian ancestry of the Upper Mattaponis was re- inconsistent with this title shall be applicable to assume such jurisdiction. corded but questioned; the Tribe and tribal members. TITLE III—UPPER MATTAPONI TRIBE (20) during the period of 1942 through 1945— (b) FEDERAL SERVICES AND BENEFITS.— (A) the leadership of the Upper Mattaponi In- (1) IN GENERAL.—On and after the date of en- SEC. 301. FINDINGS. dians, with the help of Frank Speck and others, actment of this Act, the Tribe and tribal mem- Congress finds that— fought against the induction of young men of bers shall be eligible for all future services and (1) during the period of 1607 through 1646, the the Tribe into ‘‘colored’’ units in the Armed benefits provided by the Federal Government to Chickahominy Indian Tribes— Forces of the United States; and federally recognized Indian tribes without re- (A) lived approximately 20 miles from James- (B) a tribal roll for the Upper Mattaponi Indi- gard to the existence of a reservation for the town; and ans was compiled; Tribe. (B) were significantly involved in English-In- (21) from 1945 to 1946, negotiations took place (2) SERVICE AREA.—For the purpose of the de- dian affairs; livery of Federal services to tribal members, the to admit some of the young people of the Upper (2) Mattaponi Indians, who later joined the Mattaponi to high schools for Federal Indians service area of the Tribe shall be considered to Chickahominy Indians, lived a greater distance be the area comprised of New Kent County, (especially at Cherokee) because no high school from Jamestown; coursework was available for Indians in Vir- James City County, Charles City County, and (3) in 1646, the Chickahominy Indians moved Henrico County, Virginia. ginia schools; and to Mattaponi River basin, away from the (22) in 1983, the Upper Mattaponi Indians ap- SEC. 204. MEMBERSHIP; GOVERNING DOCU- English; MENTS. plied for and won State recognition as an In- (4) in 1661, the Chickahominy Indians sold dian tribe. The membership roll and governing documents land at a place known as ‘‘the cliffs’’ on the SEC. 302. DEFINITIONS. of the Tribe shall be the most recent membership Mattaponi River; In this title: roll and governing documents, respectively, sub- (5) in 1669, the Chickahominy Indians— (1) SECRETARY.—The term ‘‘Secretary’’ means mitted by the Tribe to the Secretary before the (A) appeared in the Virginia Colony’s census the Secretary of the Interior. date of enactment of this Act. of Indian bowmen; and (2) TRIBAL MEMBER.—The term ‘‘tribal mem- SEC. 205. GOVERNING BODY. (B) lived in ‘‘New Kent’’ County, which in- ber’’ means— The governing body of the Tribe shall be— cluded the Mattaponi River basin at that time; (1) the governing body of the Tribe in place as (A) an individual who is an enrolled member (6) in 1677, the Chickahominy and Mattaponi of the Tribe as of the date of enactment of this of the date of enactment of this Act; or Indians were subjects of the Queen of (2) any subsequent governing body elected in Act; and Pamunkey, who was a signatory to the Treaty accordance with the election procedures speci- (B) an individual who has been placed on the of 1677 with the King of England; fied in the governing documents of the Tribe. membership rolls of the Tribe in accordance (7) in 1683, after a Mattaponi town was at- with this title. SEC. 206. RESERVATION OF THE TRIBE. tacked by Seneca Indians, the Mattaponi Indi- (a) IN GENERAL.—Upon the request of the (3) TRIBE.—The term ‘‘Tribe’’ means the ans took refuge with the Chickahominy Indians, Tribe, the Secretary of the Interior— Upper Mattaponi Tribe. and the history of the 2 groups was intertwined (1) shall take into trust for the benefit of the SEC. 303. FEDERAL RECOGNITION. for many years thereafter; Tribe any land held in fee by the Tribe that was (8) in 1695, the Chickahominy and Mattaponi (a) FEDERAL RECOGNITION.— acquired by the Tribe on or before January 1, (1) IN GENERAL.—Federal recognition is ex- Indians— 2007, if such lands are located within the bound- (A) were assigned a reservation by the Vir- tended to the Tribe. aries of New Kent County, James City County, (2) APPLICABILITY OF LAWS.—All laws (includ- ginia Colony; and Charles City County, or Henrico County, Vir- ing regulations) of the United States of general (B) traded land of the reservation for land at ginia; and applicability to Indians or nations, Indian the place known as ‘‘the cliffs’’ (which, as of (2) may take into trust for the benefit of the tribes, or bands of Indians (including the Act of the date of enactment of this Act, is the Tribe any land held in fee by the Tribe, if such June 18, 1934 (25 U.S.C. 461 et seq.)) that are not Mattaponi Indian Reservation), which had been lands are located within the boundaries of New inconsistent with this title shall be applicable to Kent County, James City County, Charles City owned by the Mattaponi Indians before 1661; (9) in 1711, a Chickahominy boy attended the the Tribe and tribal members. County, or Henrico County, Virginia. (b) FEDERAL SERVICES AND BENEFITS.— Indian School at the College of William and (b) DEADLINE FOR DETERMINATION.—The Sec- (1) IN GENERAL.—On and after the date of en- Mary; retary shall make a final written determination actment of this Act, the Tribe and tribal mem- (10) in 1726, the Virginia Colony discontinued not later than three years of the date which the bers shall be eligible for all services and benefits funding of interpreters for the Chickahominy Tribe submits a request for land to be taken into provided by the Federal Government to federally and Mattaponi Indian Tribes; trust under subsection (a)(2) and shall imme- recognized Indian tribes without regard to the (11) James Adams, who served as an inter- diately make that determination available to the existence of a reservation for the Tribe. preter to the Indian tribes known as of the date Tribe. (2) SERVICE AREA.—For the purpose of the de- of enactment of this Act as the ‘‘Upper (c) RESERVATION STATUS.—Any land taken livery of Federal services to tribal members, the Mattaponi Indian Tribe’’ and ‘‘Chickahominy into trust for the benefit of the Tribe pursuant service area of the Tribe shall be considered to Indian Tribe’’, elected to stay with the Upper to this paragraph shall, upon request of the be the area within 25 miles of the Sharon Indian Mattaponi Indians; Tribe, be considered part of the reservation of School at 13383 King William Road, King Wil- (12) today, a majority of the Upper Mattaponi the Tribe. liam County, Virginia. (d) GAMING.—The Tribe may not conduct gam- Indians have ‘‘Adams’’ as their surname; ing activities as a matter of claimed inherent (13) in 1787, Thomas Jefferson, in Notes on the SEC. 304. MEMBERSHIP; GOVERNING DOCU- MENTS. authority or under the authority of any Federal Commonwealth of Virginia, mentioned the The membership roll and governing documents law, including the Indian Gaming Regulatory Mattaponi Indians on a reservation in King of the Tribe shall be the most recent membership Act (25 U.S.C. 2701 et seq.) or under any regula- William County and said that Chickahominy roll and governing documents, respectively, sub- tions thereunder promulgated by the Secretary Indians were ‘‘blended’’ with the Mattaponi In- mitted by the Tribe to the Secretary before the or the National Indian Gaming Commission. dians and nearby Pamunkey Indians; date of enactment of this Act. SEC. 207. HUNTING, FISHING, TRAPPING, GATH- (14) in 1850, the census of the United States ERING, AND WATER RIGHTS. revealed a nucleus of approximately 10 families, SEC. 305. GOVERNING BODY. Nothing in this title expands, reduces, or af- all ancestral to modern Upper Mattaponi Indi- The governing body of the Tribe shall be— fects in any manner any hunting, fishing, trap- ans, living in central King William County, Vir- (1) the governing body of the Tribe in place as ping, gathering, or water rights of the Tribe and ginia, approximately 10 miles from the reserva- of the date of enactment of this Act; or members of the Tribe. tion; (2) any subsequent governing body elected in SEC. 208. JURISDICTION OF COMMONWEALTH OF (15) during the period of 1853 through 1884, accordance with the election procedures speci- VIRGINIA. King William County marriage records listed fied in the governing documents of the Tribe. (a) IN GENERAL.—The Commonwealth of Vir- Upper Mattaponis as ‘‘Indians’’ in marrying SEC. 306. RESERVATION OF THE TRIBE. ginia shall exercise jurisdiction over— people residing on the reservation; (a) IN GENERAL.—Upon the request of the (1) all criminal offenses that are committed (16) during the period of 1884 through the Tribe, the Secretary of the Interior— on; and present, county marriage records usually refer (1) shall take into trust for the benefit of the (2) all civil actions that arise on, to Upper Mattaponis as ‘‘Indians’’; Tribe any land held in fee by the Tribe that was lands located within the Commonwealth of Vir- (17) in 1901, Smithsonian anthropologist James acquired by the Tribe on or before January 1, ginia that are owned by, or held in trust by the Mooney heard about the Upper Mattaponi Indi- 2007, if such lands are located within the bound- United States for, the Tribe. ans but did not visit them; aries of King William County, Caroline County,

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 6333 E:\CR\FM\A03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6110 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Hanover County, King and Queen County, and (7) the Moraughtacund King was given sec- (24) in 1683, following raids by Iroquoian war- New Kent County, Virginia; and ond choice among the 2 remaining women, and riors on both Indian and English settlements, (2) may take into trust for the benefit of the Mosco, a Wighcocomoco (on the Potomac River) the Virginia Colonial Council ordered the Tribe any land held in fee by the Tribe, if such guide, was given the third woman; Rappahannocks to leave their reservation and lands are located within the boundaries of King (8) in 1645, Captain William Claiborne tried unite with the Nanzatico Indians at Nanzatico William County, Caroline County, Hanover unsuccessfully to establish treaty relations with Indian Town, which was located across and up County, King and Queen County, and New the Rappahannocks, as the Rappahannocks the Rappahannock River some 30 miles; Kent County, Virginia. had not participated in the Pamunkey-led up- (25) between 1687 and 1699, the (b) DEADLINE FOR DETERMINATION.—The Sec- rising in 1644, and the English wanted to ‘‘treat Rappahannocks migrated out of Nanzatico, re- retary shall make a final written determination with the Rappahannocks or any other Indians turning to the south side of the Rappahannock not later than three years of the date which the not in amity with Opechancanough, concerning River at Portobacco Indian Town; Tribe submits a request for land to be taken into serving the county against the Pamunkeys’’; (26) in 1706, by order of Essex County, Lieu- trust under subsection (a)(2) and shall imme- (9) in April 1651, the Rappahannocks con- tenant Richard Covington ‘‘escorted’’ the diately make that determination available to the veyed a tract of land to an English settler, Colo- Portobaccos and Rappahannocks out of Tribe. nel Morre Fauntleroy; Portobacco Indian Town, out of Essex County, (c) RESERVATION STATUS.—Any land taken (10) the deed for the conveyance was signed and into King and Queen County where they into trust for the benefit of the Tribe pursuant by Accopatough, weroance of the Rappahan- settled along the ridgeline between the Rappa- to this paragraph shall, upon request of the nock Indians; hannock and Mattaponi Rivers, the site of their Tribe, be considered part of the reservation of (11) in September 1653, Lancaster County ancient hunting village and 1682 reservation; the Tribe. signed a treaty with Rappahannock Indians, (27) during the 1760s, 3 Rappahannock girls (d) GAMING.—The Tribe may not conduct gam- the terms of which treaty— were raised on Thomas Nelson’s Bleak Hill ing activities as a matter of claimed inherent (A) gave Rappahannocks the rights of Eng- Plantation in King William County; authority or under the authority of any Federal lishmen in the county court; and (28) of those girls— law, including the Indian Gaming Regulatory (B) attempted to make the Rappahannocks (A) 1 married a Saunders man; Act (25 U.S.C. 2701 et seq.) or under any regula- more accountable under English law; (B) 1 married a Johnson man; and tions thereunder promulgated by the Secretary (12) in September 1653, Lancaster County de- (C) 1 had 2 children, Edmund and Carter Nel- or the National Indian Gaming Commission. fined and marked the bounds of its Indian set- son, fathered by Thomas Cary Nelson; SEC. 307. HUNTING, FISHING, TRAPPING, GATH- tlements; (29) in the 19th century, those Saunders, ERING, AND WATER RIGHTS. (13) according to the Lancaster clerk of court, Johnson, and Nelson families are among the Nothing in this title expands, reduces, or af- ‘‘the tribe called the great Rappahannocks lived core Rappahannock families from which the fects in any manner any hunting, fishing, trap- on the Rappahannock Creek just across the modern Tribe traces its descent; ping, gathering, or water rights of the Tribe and river above Tappahannock’’; (30) in 1819 and 1820, Edward Bird, John Bird members of the Tribe. (14) in September 1656, (Old) Rappahannock (and his wife), Carter Nelson, Edmund Nelson, SEC. 308. JURISDICTION OF COMMONWEALTH OF County (which, as of the date of enactment of and Carter Spurlock (all Rappahannock ances- VIRGINIA. this Act, is comprised of Richmond and Essex tors) were listed on the tax roles of King and (a) IN GENERAL.—The Commonwealth of Vir- Counties, Virginia) signed a treaty with Rappa- Queen County and taxed at the county poor ginia shall exercise jurisdiction over— hannock Indians that— rate; (1) all criminal offenses that are committed (A) mirrored the Lancaster County treaty (31) Edmund Bird was added to the tax roles on; and from 1653; and in 1821; (2) all civil actions that arise on, (B) stated that— (32) those tax records are significant docu- lands located within the Commonwealth of Vir- (i) Rappahannocks were to be rewarded, in mentation because the great majority of pre-1864 ginia that are owned by, or held in trust by the Roanoke, for returning English fugitives; and records for King and Queen County were de- United States for, the Tribe. (ii) the English encouraged the stroyed by fire; (b) ACCEPTANCE OF STATE JURISDICTION BY Rappahannocks to send their children to live (33) beginning in 1819, and continuing SECRETARY.—The Secretary of the Interior is among the English as servants, who the English through the 1880s, there was a solid Rappahan- authorized to accept on behalf of the United promised would be well-treated; nock presence in the membership at Upper Essex States, after consulting with the Attorney Gen- (15) in 1658, the Virginia Assembly revised a Baptist Church; eral of the United States, all or any portion of 1652 Act stating that ‘‘there be no grants of land (34) that was the first instance of conversion the jurisdiction of the Commonwealth of Vir- to any Englishman whatsoever de futuro until to Christianity by at least some Rappahannock ginia described in subsection (a) upon the Indians be first served with the proportion Indians; verification by the Secretary of a certification of 50 acres of land for each bowman’’; (35) while 26 identifiable and traceable Rap- by a tribe that it possesses the capacity to re- (16) in 1669, the colony conducted a census of pahannock surnames appear on the pre-1863 assume such jurisdiction. Virginia Indians; membership list, and 28 were listed on the 1863 TITLE IV—RAPPAHANNOCK TRIBE, INC. (17) as of the date of that census— membership roster, the number of surnames list- (A) the majority of the Rappahannocks were SEC. 401. FINDINGS. ed had declined to 12 in 1878 and had risen only Congress finds that— residing at their hunting village on the north slightly to 14 by 1888; (1) during the initial months after Virginia side of the Mattaponi River; and (36) a reason for the decline is that in 1870, a was settled, the Rappahannock Indians had 3 (B) at the time of the visit, census-takers were Methodist circuit rider, Joseph Mastin, secured encounters with Captain John Smith; counting only the Indian tribes along the rivers, funds to purchase land and construct St. Ste- (2) the first encounter occurred when the Rap- which explains why only 30 Rappahannock phens Baptist Church for the Rappahannocks pahannock weroance (headman)— bowmen were counted on that river; living nearby in Caroline County; (A) traveled to Quiyocohannock (a principal (18) the Rappahannocks used the hunting vil- (37) Mastin referred to the Rappahannocks town across the James River from Jamestown), lage on the north side of the Mattaponi River as during the period of 1850 to 1870 as ‘‘Indians, where he met with Smith to determine whether their primary residence until the having a great need for moral and Christian Smith had been the ‘‘great man’’ who had pre- Rappahannocks were removed in 1684; guidance’’; viously sailed into the Rappahannock River, (19) in May 1677, the Treaty of Middle Planta- (38) St. Stephens was the dominant tribal killed a Rappahannock weroance, and kid- tion was signed with England; church until the Rappahannock Indian Baptist napped Rappahannock people; and (20) the Pamunkey Queen Cockacoeske signed Church was established in 1964; (B) determined that Smith was too short to be on behalf of the Rappahannocks, ‘‘who were (39) at both churches, the core Rappahannock that ‘‘great man’’; supposed to be her tributaries’’, but before the family names of Bird, Clarke, Fortune, Johnson, (3) on a second meeting, during John Smith’s treaty could be ratified, the Queen of Pamunkey Nelson, Parker, and Richardson predominate; captivity (December 16, 1607 to January 8, 1608), complained to the Virginia Colonial Council (40) during the early 1900s, James Mooney, Smith was taken to the Rappahannock prin- ‘‘that she was having trouble with noted anthropologist, maintained correspond- cipal village to show the people that Smith was Rappahannocks and Chickahominies, sup- ence with the Rappahannocks, surveying them not the ‘‘great man’’; posedly tributaries of hers’’; and instructing them on how to formalize their (4) a third meeting took place during Smith’s (21) in November 1682, the Virginia Colonial tribal government; exploration of the Chesapeake Bay (July to Sep- Council established a reservation for the Rappa- (41) in November 1920, Speck visited the tember 1608), when, after the Moraughtacund hannock Indians of 3,474 acres ‘‘about the town Rappahannocks and assisted them in organizing Indians had stolen 3 women from the Rappa- where they dwelt’’; the fight for their sovereign rights; hannock King, Smith was prevailed upon to fa- (22) the Rappahannock ‘‘town’’ was the hunt- (42) in 1921, the Rappahannocks were granted cilitate a peaceful truce between the Rappahan- ing village on the north side of the Mattaponi a charter from the Commonwealth of Virginia nock and the Moraughtacund Indians; River, where the Rappahannocks had lived formalizing their tribal government; (5) in the settlement, Smith had the 2 Indian throughout the 1670s; (43) Speck began a professional relationship tribes meet on the spot of their first fight; (23) the acreage allotment of the reservation with the Tribe that would last more than 30 (6) when it was established that both groups was based on the 1658 Indian land act, which years and document Rappahannock history and wanted peace, Smith told the Rappahannock translates into a bowman population of 70, or traditions as never before; King to select which of the 3 stolen women he an approximate total Rappahannock population (44) in April 1921, Rappahannock Chief wanted; of 350; George Nelson asked the Governor of Virginia,

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6111 Westmoreland Davis, to forward a proclamation Harlen Gilbert entitled, ‘‘Surviving Indian (1) shall take into trust for the benefit of the to the President of the United States, along with Groups of the Eastern United States’’, which in- Tribe any land held in fee by the Tribe that was an appended list of tribal members and a hand- cluded and described the Rappahannock Tribe; acquired by the Tribe on or before January 1, written copy of the proclamation itself; (66) in the late 1940s and early 1950s, the 2007, if such lands are located within the bound- (45) the letter concerned Indian freedom of Rappahannocks operated a school at Indian aries of King and Queen County, Stafford speech and assembly nationwide; Neck; County, Spotsylvania County, Richmond Coun- (46) in 1922, the Rappahannocks established a (67) the State agreed to pay a tribal teacher to ty, Essex County, and Caroline County, Vir- formal school at Lloyds, Essex County, Virginia; teach 10 students bused by King and Queen ginia; and (47) prior to establishment of the school, Rap- County to Sharon Indian School in King Wil- (2) may take into trust for the benefit of the pahannock children were taught by a tribal liam County, Virginia; Tribe any land held in fee by the Tribe, if such member in Central Point, Caroline County, Vir- (68) in 1965, Rappahannock students entered lands are located within the boundaries of King ginia; Marriott High School (a white public school) by and Queen County, Stafford County, Spotsyl- (48) in December 1923, Rappahannock Chief executive order of the Governor of Virginia; vania County, Richmond County, Essex County, George Nelson testified before Congress appeal- (69) in 1972, the Rappahannocks worked with and Caroline County, Virginia. ing for a $50,000 appropriation to establish an the Coalition of Eastern Native Americans to (b) DEADLINE FOR DETERMINATION.—The Sec- Indian school in Virginia; fight for Federal recognition; retary shall make a final written determination (49) in 1930, the Rappahannocks were engaged (70) in 1979, the Coalition established a pot- not later than three years of the date which the in an ongoing dispute with the Commonwealth tery and artisans company, operating with Tribe submits a request for land to be taken into of Virginia and the United States Census Bu- other Virginia tribes; trust under subsection (a)(2) and shall imme- reau about their classification in the 1930 Fed- (71) in 1980, the Rappahannocks received diately make that determination available to the eral census; funding through the Administration for Native Tribe. (50) in January 1930, Rappahannock Chief Americans of the Department of Health and (c) RESERVATION STATUS.—Any land taken Otho S. Nelson wrote to Leon Truesdell, Chief Human Services to develop an economic program into trust for the benefit of the Tribe pursuant Statistician of the United States Census Bureau, for the Tribe; and to this paragraph shall, upon request of the asking that the 218 enrolled Rappahannocks be (72) in 1983, the Rappahannocks received Tribe, be considered part of the reservation of listed as Indians; State recognition as an Indian tribe. the Tribe. (51) in February 1930, Truesdell replied to Nel- SEC. 402. DEFINITIONS. (d) GAMING.—The Tribe may not conduct gam- son saying that ‘‘special instructions’’ were In this title: ing activities as a matter of claimed inherent being given about classifying Indians; (1) SECRETARY.—The term ‘‘Secretary’’ means authority or under the authority of any Federal (52) in April 1930, Nelson wrote to William M. the Secretary of the Interior. law, including the Indian Gaming Regulatory Steuart at the Census Bureau asking about the (2) TRIBAL MEMBER.—The term ‘‘tribal mem- Act (25 U.S.C. 2701 et seq.) or under any regula- enumerators’ failure to classify his people as In- ber’’ means— tions thereunder promulgated by the Secretary dians, saying that enumerators had not asked (A) an individual who is an enrolled member or the National Indian Gaming Commission. of the Tribe as of the date of enactment of this the question about race when they interviewed SEC. 407. HUNTING, FISHING, TRAPPING, GATH- his people; Act; and ERING, AND WATER RIGHTS. (B) an individual who has been placed on the (53) in a followup letter to Truesdell, Nelson Nothing in this title expands, reduces, or af- membership rolls of the Tribe in accordance reported that the enumerators were ‘‘flatly de- fects in any manner any hunting, fishing, trap- with this title. nying’’ his people’s request to be listed as Indi- ping, gathering, or water rights of the Tribe and (3) TRIBE.— ans and that the race question was completely members of the Tribe. avoided during interviews; (A) IN GENERAL.—The term ‘‘Tribe’’ means the SEC. 408. JURISDICTION OF COMMONWEALTH OF (54) the Rappahannocks had spoken with organization possessing the legal name Rappa- hannock Tribe, Inc. VIRGINIA. Caroline and Essex County enumerators, and (a) IN GENERAL.—The Commonwealth of Vir- with John M.W. Green at that point, without (B) EXCLUSIONS.—The term ‘‘Tribe’’ does not include any other Indian tribe, subtribe, band, ginia shall exercise jurisdiction over— success; (1) all criminal offenses that are committed (55) Nelson asked Truesdell to list people as or splinter group the members of which rep- resent themselves as Rappahannock Indians. on; and Indians if he sent a list of members; (2) all civil actions that arise on, SEC. 403. FEDERAL RECOGNITION. (56) the matter was settled by William Steuart, lands located within the Commonwealth of Vir- (a) FEDERAL RECOGNITION.— who concluded that the Bureau’s rule was that ginia that are owned by, or held in trust by the (1) IN GENERAL.—Federal recognition is ex- people of Indian descent could be classified as United States for, the Tribe. ‘‘Indian’’ only if Indian ‘‘blood’’ predominated tended to the Tribe. (2) APPLICABILITY OF LAWS.—All laws (includ- (b) ACCEPTANCE OF STATE JURISDICTION BY and ‘‘Indian’’ identity was accepted in the local SECRETARY.—The Secretary of the Interior is community; ing regulations) of the United States of general applicability to Indians or nations, Indian authorized to accept on behalf of the United (57) the Virginia Vital Statistics Bureau States, after consulting with the Attorney Gen- classed all nonreservation Indians as ‘‘Negro’’, tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not eral of the United States, all or any portion of and it failed to see why ‘‘an exception should be the jurisdiction of the Commonwealth of Vir- made’’ for the Rappahannocks; inconsistent with this title shall be applicable to the Tribe and tribal members. ginia described in subsection (a) upon (58) therefore, in 1925, the Indian Rights Asso- verification by the Secretary of a certification ciation took on the Rappahannock case to assist (b) FEDERAL SERVICES AND BENEFITS.— (1) IN GENERAL.—On and after the date of en- by a tribe that it possesses the capacity to re- the Rappahannocks in fighting for their rec- assume such jurisdiction. ognition and rights as an Indian tribe; actment of this Act, the Tribe and tribal mem- (59) during the Second World War, the bers shall be eligible for all services and benefits TITLE V—MONACAN INDIAN NATION Pamunkeys, Mattaponis, Chickahominies, and provided by the Federal Government to federally SEC. 501. FINDINGS. Rappahannocks had to fight the draft boards recognized Indian tribes without regard to the Congress finds that— with respect to their racial identities; existence of a reservation for the Tribe. (1) in 1677, the Monacan Tribe signed the (60) the Virginia Vital Statistics Bureau in- (2) SERVICE AREA.—For the purpose of the de- Treaty of Middle Plantation between Charles II sisted that certain Indian draftees be inducted livery of Federal services to tribal members, the of England and 12 Indian ‘‘Kings and Chief into Negro units; service area of the Tribe shall be considered to Men’’; (61) finally, 3 Rappahannocks were convicted be the area comprised of King and Queen Coun- (2) in 1722, in the Treaty of Albany, Governor of violating the Federal draft laws and, after ty, Caroline County, Essex County, Spotsyl- Spotswood negotiated to save the Virginia Indi- spending time in a Federal prison, were granted vania County, Stafford County, and Richmond ans from extinction at the hands of the Iroquois; conscientious objector status and served out the County, Virginia. (3) specifically mentioned in the negotiations remainder of the war working in military hos- SEC. 404. MEMBERSHIP; GOVERNING DOCU- were the Monacan tribes of the Totero (Tutelo), pitals; MENTS. Saponi, Ocheneeches (Occaneechi), (62) in 1943, Frank Speck noted that there The membership roll and governing documents Stengenocks, and Meipontskys; were approximately 25 communities of Indians of the Tribe shall be the most recent membership (4) in 1790, the first national census recorded left in the Eastern United States that were enti- roll and governing documents, respectively, sub- Benjamin Evans and Robert Johns, both ances- tled to Indian classification, including the mitted by the Tribe to the Secretary before the tors of the present Monacan community, listed Rappahannocks; date of enactment of this Act. as ‘‘white’’ with mulatto children; (63) in the 1940s, Leon Truesdell, Chief Stat- SEC. 405. GOVERNING BODY. (5) in 1782, tax records also began for those istician, of the United States Census Bureau, The governing body of the Tribe shall be— families; listed 118 members in the Rappahannock Tribe (1) the governing body of the Tribe in place as (6) in 1850, the United States census recorded in the Indian population of Virginia; of the date of enactment of this Act; or 29 families, mostly large, with Monacan sur- (64) on April 25, 1940, the Office of Indian Af- (2) any subsequent governing body elected in names, the members of which are genealogically fairs of the Department of the Interior included accordance with the election procedures speci- related to the present community; the Rappahannocks on a list of Indian tribes fied in the governing documents of the Tribe. (7) in 1870, a log structure was built at the classified by State and by agency; SEC. 406. RESERVATION OF THE TRIBE. Bear Mountain Indian Mission; (65) in 1948, the Smithsonian Institution An- (a) IN GENERAL.—Upon the request of the (8) in 1908, the structure became an Episcopal nual Report included an article by William Tribe, the Secretary of the Interior— Mission and, as of the date of enactment of this

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\CR\FM\A03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6112 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Act, the structure is listed as a landmark on the roll and governing documents, respectively, sub- (3) in 1638, according to an entry in a 17th National Register of Historic Places; mitted by the Tribe to the Secretary before the century sermon book still owned by the Chief’s (9) in 1920, 304 Amherst Indians were identi- date of enactment of this Act. family, a Norfolk County Englishman married a fied in the United States census; SEC. 505. GOVERNING BODY. Nansemond woman; (10) from 1930 through 1931, numerous letters The governing body of the Tribe shall be— (4) that man and woman are lineal ancestors from Monacans to the Bureau of the Census re- (1) the governing body of the Tribe in place as of all of members of the Nansemond Indian tribe sulted from the decision of Dr. Walter Plecker, of the date of enactment of this Act; or alive as of the date of enactment of this Act, as former head of the Bureau of Vital Statistics of (2) any subsequent governing body elected in are some of the traditionalist Nansemonds; the Commonwealth of Virginia, not to allow In- accordance with the election procedures speci- (5) in 1669, the 2 Nansemond sections ap- dians to register as Indians for the 1930 census; fied in the governing documents of the Tribe. peared in Virginia Colony’s census of Indian (11) the Monacans eventually succeeded in SEC. 506. RESERVATION OF THE TRIBE. bowmen; being allowed to claim their race, albeit with an (6) in 1677, Nansemond Indians were signato- (a) IN GENERAL.—Upon the request of the asterisk attached to a note from Dr. Plecker ries to the Treaty of 1677 with the King of Eng- Tribe, the Secretary of the Interior— stating that there were no Indians in Virginia; land; (1) shall take into trust for the benefit of the (12) in 1947, D’Arcy McNickle, a Salish In- (7) in 1700 and 1704, the Nansemonds and Tribe any land held in fee by the Tribe that was dian, saw some of the children at the Amherst other Virginia Indian tribes were prevented by acquired by the Tribe on or before January 1, Mission and requested that the Cherokee Agen- Virginia Colony from making a separate peace 2007, if such lands are located within the bound- cy visit them because they appeared to be In- with the Iroquois; aries of Albemarle County, Alleghany County, dian; (8) Virginia represented those Indian tribes in Amherst County, Augusta County, Campbell (13) that letter was forwarded to the Depart- the final Treaty of Albany, 1722; County, Nelson County, and Rockbridge Coun- ment of the Interior, Office of Indian Affairs, (9) in 1711, a Nansemond boy attended the In- ty, Virginia; and Chicago, Illinois; dian School at the College of William and Mary; (2) may take into trust for the benefit of the (14) Chief Jarrett Blythe of the Eastern Band (10) in 1727, Norfolk County granted William Tribe any land held in fee by the Tribe, if such of Cherokee did visit the Mission and wrote that Bass and his kinsmen the ‘‘Indian privileges’’ of lands are located within the boundaries of Albe- he ‘‘would be willing to accept these children in clearing swamp land and bearing arms (which marle County, Alleghany County, Amherst the Cherokee school’’; privileges were forbidden to other nonwhites) County, Augusta County, Campbell County, (15) in 1979, a Federal Coalition of Eastern because of their Nansemond ancestry, which Nelson County, and Rockbridge County, Vir- Native Americans established the entity known meant that Bass and his kinsmen were original ginia. as ‘‘Monacan Co-operative Pottery’’ at the Am- inhabitants of that land; (b) DEADLINE FOR DETERMINATION.—The Sec- herst Mission; (11) in 1742, Norfolk County issued a certifi- retary shall make a final written determination (16) some important pieces were produced at cate of Nansemond descent to William Bass; not later than three years of the date which the Monacan Co-operative Pottery, including a (12) from the 1740s to the 1790s, the tradition- Tribe submits a request for land to be taken into piece that was sold to the Smithsonian Institu- alist section of the Nansemond tribe, 40 miles trust under subsection (a)(2) and shall imme- tion; west of the Christianized Nansemonds, was diately make that determination available to the (17) the Mattaponi-Pamunkey-Monacan Con- dealing with reservation land; Tribe. sortium, established in 1981, has since been or- (13) the last surviving members of that section (c) RESERVATION STATUS.—Any land taken ganized as a nonprofit corporation that serves sold out in 1792 with the permission of the Com- into trust for the benefit of the Tribe pursuant as a vehicle to obtain funds for those Indian monwealth of Virginia; to this paragraph shall, upon request of the tribes from the Department of Labor under Na- (14) in 1797, Norfolk County issued a certifi- Tribe, be considered part of the reservation of tive American programs; cate stating that William Bass was of Indian the Tribe. (18) in 1989, the Monacan Tribe was recog- and English descent, and that his Indian line of (d) GAMING.—The Tribe may not conduct gam- nized by the Commonwealth of Virginia, which ancestry ran directly back to the early 18th cen- ing activities as a matter of claimed inherent enabled the Tribe to apply for grants and par- tury elder in a traditionalist section of authority or under the authority of any Federal ticipate in other programs; and Nansemonds on the reservation; law, including the Indian Gaming Regulatory (19) in 1993, the Monacan Tribe received tax- (15) in 1833, Virginia enacted a law enabling Act (25 U.S.C. 2701 et seq.) or under any regula- exempt status as a nonprofit corporation from people of European and Indian descent to ob- tions thereunder promulgated by the Secretary the Internal Revenue Service. tain a special certificate of ancestry; or the National Indian Gaming Commission. SEC. 502. DEFINITIONS. (16) the law originated from the county in In this title: SEC. 507. HUNTING, FISHING, TRAPPING, GATH- which Nansemonds lived, and mostly (1) SECRETARY.—The term ‘‘Secretary’’ means ERING, AND WATER RIGHTS. Nansemonds, with a few people from other the Secretary of the Interior. Nothing in this title expands, reduces, or af- counties, took advantage of the new law; (2) TRIBAL MEMBER.—The term ‘‘tribal mem- fects in any manner any hunting, fishing, trap- (17) a Methodist mission established around ber’’ means— ping, gathering, or water rights of the Tribe and 1850 for Nansemonds is currently a standard (A) an individual who is an enrolled member members of the Tribe. Methodist congregation with Nansemond mem- of the Tribe as of the date of enactment of this SEC. 508. JURISDICTION OF COMMONWEALTH OF bers; Act; and VIRGINIA. (18) in 1901, Smithsonian anthropologist James (B) an individual who has been placed on the (a) IN GENERAL.—The Commonwealth of Vir- Mooney— membership rolls of the Tribe in accordance ginia shall exercise jurisdiction over— (A) visited the Nansemonds; and with this title. (1) all criminal offenses that are committed (B) completed a tribal census that counted 61 (3) TRIBE.—The term ‘‘Tribe’’ means the Mon- on; and households and was later published; acan Indian Nation. (2) all civil actions that arise on, (19) in 1922, Nansemonds were given a special SEC. 503. FEDERAL RECOGNITION. lands located within the Commonwealth of Vir- Indian school in the segregated school system of (a) FEDERAL RECOGNITION.— ginia that are owned by, or held in trust by the Norfolk County; (1) IN GENERAL.—Federal recognition is ex- United States for, the Tribe. (20) the school survived only a few years; tended to the Tribe. (b) ACCEPTANCE OF STATE JURISDICTION BY (21) in 1928, University of Pennsylvania an- (2) APPLICABILITY OF LAWS.—All laws (includ- SECRETARY.—The Secretary of the Interior is thropologist Frank Speck published a book on ing regulations) of the United States of general authorized to accept on behalf of the United modern Virginia Indians that included a section applicability to Indians or nations, Indian States, after consulting with the Attorney Gen- on the Nansemonds; and tribes, or bands of Indians (including the Act of eral of the United States, all or any portion of (22) the Nansemonds were organized formally, June 18, 1934 (25 U.S.C. 461 et seq.)) that are not the jurisdiction of the Commonwealth of Vir- with elected officers, in 1984, and later applied inconsistent with this title shall be applicable to ginia described in subsection (a) upon for and received State recognition. the Tribe and tribal members. verification by the Secretary of a certification SEC. 602. DEFINITIONS. (b) FEDERAL SERVICES AND BENEFITS.— by a tribe that it possesses the capacity to re- In this title: (1) IN GENERAL.—On and after the date of en- assume such jurisdiction. actment of this Act, the Tribe and tribal mem- (1) SECRETARY.—The term ‘‘Secretary’’ means bers shall be eligible for all services and benefits TITLE VI—NANSEMOND INDIAN TRIBE the Secretary of the Interior. provided by the Federal Government to federally SEC. 601. FINDINGS. (2) TRIBAL MEMBER.—The term ‘‘tribal mem- recognized Indian tribes without regard to the Congress finds that— ber’’ means— existence of a reservation for the Tribe. (1) from 1607 until 1646, Nansemond Indians— (A) an individual who is an enrolled member (2) SERVICE AREA.—For the purpose of the de- (A) lived approximately 30 miles from James- of the Tribe as of the date of enactment of this livery of Federal services to tribal members, the town; and Act; and service area of the Tribe shall be considered to (B) were significantly involved in English-In- (B) an individual who has been placed on the be the area comprised of all land within 25 miles dian affairs; membership rolls of the Tribe in accordance from the center of Amherst, Virginia. (2) after 1646, there were 2 sections of with this title. SEC. 504. MEMBERSHIP; GOVERNING DOCU- Nansemonds in communication with each other, (3) TRIBE.—The term ‘‘Tribe’’ means the MENTS. the Christianized Nansemonds in Norfolk Coun- Nansemond Indian Tribe. The membership roll and governing documents ty, who lived as citizens, and the traditionalist SEC. 603. FEDERAL RECOGNITION. of the Tribe shall be the most recent membership Nansemonds, who lived further west; (a) FEDERAL RECOGNITION.—

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6113 (1) IN GENERAL.—Federal recognition is ex- authorized to accept on behalf of the United Under existing law, as the gentleman tended to the Tribe. States, after consulting with the Attorney Gen- knows, and under this legislation, the (2) APPLICABILITY OF LAWS.—All laws (includ- eral of the United States, all or any portion of Interior Secretary may place land ing regulations) of the United States of general the jurisdiction of the Commonwealth of Vir- owned by an Indian tribe into trust as applicability to Indians or nations, Indian ginia described in subsection (a) upon tribes, or bands of Indians (including the Act of verification by the Secretary of a certification part of a tribe’s reservation. Eminent June 18, 1934 (25 U.S.C. 461 et seq.)) that are not by a tribe that it possesses the capacity to re- domain does not enter the picture. inconsistent with this title shall be applicable to assume such jurisdiction. Indeed, the pending legislation states the Tribe and tribal members. The CHAIR. No amendment to the for each of the six tribes involved that (b) FEDERAL SERVICES AND BENEFITS.— committee amendment is in order ex- the Secretary may take into trust (1) IN GENERAL.—On and after the date of en- cept those printed in House Report 111– ‘‘any land held in fee by the tribe that actment of this Act, the Tribe and tribal mem- was acquired by the tribe.’’ Considering bers shall be eligible for all services and benefits 131. Each amendment may be offered provided by the Federal Government to federally only in the order printed in the report, that neither the Interior Secretary or, recognized Indian tribes without regard to the by a Member designated in the report, for that matter, these tribes, made existence of a reservation for the Tribe. shall be considered read, shall be de- eminent domain authority, the gentle- (2) SERVICE AREA.—For the purpose of the de- batable for the time specified in the re- man’s amendment is chasing a problem livery of Federal services to tribal members, the port, equally divided and controlled by that does not exist. But having said service area of the Tribe shall be considered to the proponent and an opponent of the that, if it makes the gentleman from be the area comprised of the cities of Chesa- amendment, shall not be subject to Virginia feel better, and if it makes peake, Hampton, Newport News, Norfolk, Ports- him more comfortable with this bill, mouth, Suffolk, and Virginia Beach, Virginia. amendment, and shall not be subject to and since it does pose no harm, I will SEC. 604. MEMBERSHIP; GOVERNING DOCU- demand for division of the question. MENTS. AMENDMENT NO. 1 OFFERED BY MR. GOODLATTE accept the amendment. The membership roll and governing documents The CHAIR. It is now in order to con- b 1400 of the Tribe shall be the most recent membership sider amendment No. 1 printed in Mr. GOODLATTE. Reclaiming my roll and governing documents, respectively, sub- House Report 111–131. mitted by the Tribe to the Secretary before the Mr. GOODLATTE. I offer an amend- time, the chairman makes me feel a lot date of enactment of this Act. ment. better, and I’m pleased that he will ac- SEC. 605. GOVERNING BODY. The CHAIR. The Clerk will designate cept my amendment. The governing body of the Tribe shall be— I yield back the balance of my time. (1) the governing body of the Tribe in place as the amendment. The text of the amendment is as fol- The Acting CHAIR (Ms. BALDWIN). of the date of enactment of this Act; or The question is on the amendment of- (2) any subsequent governing body elected in lows: accordance with the election procedures speci- Amendment No. 1 offered by Mr. GOOD- fered by the gentleman from Virginia fied in the governing documents of the Tribe. LATTE: (Mr. GOODLATTE). SEC. 606. RESERVATION OF THE TRIBE. At the end of the bill, add the following The amendment was agreed to. (a) IN GENERAL.—Upon the request of the new title: AMENDMENT NO. 2 OFFERED BY MR. GOODLATTE Tribe, the Secretary of the Interior— TITLE VII—EMINENT DOMAIN The Acting CHAIR. It is now in order (1) shall take into trust for the benefit of the SEC. 701. LIMITATION. to consider amendment No. 2 printed in Tribe any land held in fee by the Tribe that was Eminent domain may not be used to ac- House Report 111–131. acquired by the Tribe on or before January 1, quire lands in fee or in trust for an Indian 2007, if such lands are located within the bound- Mr. GOODLATTE. Madam Chair, I tribe recognized under this Act. have an amendment at the desk. aries of the city of Suffolk, the city of Chesa- The CHAIR. Pursuant to House Reso- peake, or Isle of Wight County, Virginia; and The Acting CHAIR. The Clerk will (2) may take into trust for the benefit of the lution 490, the gentleman from Virginia designate the amendment. Tribe any land held in fee by the Tribe, if such (Mr. GOODLATTE) and a Member op- The text of the amendment is as fol- lands are located within the boundaries of the posed each will control 5 minutes. lows: city of Suffolk, the city of Chesapeake, or Isle of The Chair recognizes the gentleman Amendment No. 2 offered by Mr. GOOD- Wight County, Virginia. from Virginia. LATTE: (b) DEADLINE FOR DETERMINATION.—The Sec- Mr. GOODLATTE. Mr. Chairman, I Page 51, beginning on line 1, strike ‘‘Albe- retary shall make a final written determination rise today to offer an amendment to marle’’ and all that follows through ‘‘Vir- not later than three years of the date which the H.R. 1385, the Thomasina E. Jordan In- ginia’’ on line 4 and insert ‘‘Amherst County, Tribe submits a request for land to be taken into Virginia’’. trust under subsection (a)(2) and shall imme- dian Tribes of Virginia Federal Rec- Page 51, line 7, strike ‘‘Albermarle’’ and all diately make that determination available to the ognition Act. Given that this bill could that follows through ‘‘Virginia’’ on line 10 Tribe. dramatically change localities in Vir- and insert ‘‘Amherst County, Virginia’’. (c) RESERVATION STATUS.—Any land taken ginia, I am offering an amendment to into trust for the benefit of the Tribe pursuant provide an additional protection for The Acting CHAIR. Pursuant to to this paragraph shall, upon request of the private property. This amendment House Resolution 490, the gentleman Tribe, be considered part of the reservation of would ensure that no use of eminent from Virginia (Mr. GOODLATTE) and a the Tribe. domain could be used to acquire pri- Member opposed each will control 5 (d) GAMING.—The Tribe may not conduct gam- minutes. ing activities as a matter of claimed inherent vate property to transfer it to the authority or under the authority of any Federal tribes. This would ensure that lands The Chair recognizes the gentleman law, including the Indian Gaming Regulatory are not taken out of current private from Virginia. Act (25 U.S.C. 2701 et seq.) or under any regula- use for the sole purpose of expanding Mr. GOODLATTE. Madam Chairman, tions thereunder promulgated by the Secretary tribal lands and ensure some protec- I have always supported granting these or the National Indian Gaming Commission. tion for private residents and local- six Virginia tribes Federal recognition, SEC. 607. HUNTING, FISHING, TRAPPING, GATH- ities. The bill greatly expands the con- and I am extremely happy that that ERING, AND WATER RIGHTS. gressionally recommended areas in bill has included language that seeks Nothing in this title expands, reduces, or af- which tribes can acquire lands for their to prevent casino-style gaming in the fects in any manner any hunting, fishing, trap- Commonwealth of Virginia. However, I ping, gathering, or water rights of the Tribe and trust. Given that this is a great expan- members of the Tribe. sion in comparison to versions of this was troubled to learn of a change that was made to the bill without notifica- SEC. 608. JURISDICTION OF COMMONWEALTH OF bill introduced in previous Congresses, VIRGINIA. I believe that it is necessary and appro- tion to any of the local communities (a) IN GENERAL.—The Commonwealth of Vir- priate to provide this level of protec- that would be affected. ginia shall exercise jurisdiction over— tion. I hope my colleagues will join me In the section dealing with the Mona- (1) all criminal offenses that are committed in supporting this amendment. can Indian Tribe, the area that the on; and Mr. RAHALL. Would the gentleman tribe could have placed in trust for (2) all civil actions that arise on, their reservation grew from one county lands located within the Commonwealth of Vir- yield? ginia that are owned by, or held in trust by the Mr. GOODLATTE. I will be happy to to seven. Originally, it was an area of United States for, the Tribe. yield. approximately 479 square miles, and (b) ACCEPTANCE OF STATE JURISDICTION BY Mr. RAHALL. I appreciate the gen- now it’s an area of approximately 3,728 SECRETARY.—The Secretary of the Interior is tleman yielding. square miles.

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.022 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6114 CONGRESSIONAL RECORD — HOUSE June 3, 2009 What is even more disturbing to me that they would compromise again if Board of Supervisors by way of an ordi- is that none of these new localities necessary. But to deny them this one nance or some other measure that they knew that they would be part of an small plot of land that’s relatively iso- would pass, a resolution, approving the area in which the tribes could acquire lated, it’s certainly a long ways from action taken. If the gentleman has lands. My office only discovered it once Interstate 81 or any main highway, it some perfecting language, I’m cer- the bill was scheduled for floor consid- doesn’t seem to me fair. tainly willing to consider it. eration. So if the gentleman was willing to Mr. MORAN of Virginia. Would the This bill could dramatically affect accommodate that land in Rockbridge gentleman accept language that said, these counties. If tribal lands were es- County, maybe, once again, the Indian ‘‘unless disapproved by the Rockbridge tablished in these counties, it could tribes would agree to compromise and County government’’? mean the localities would lose all con- preclude the other counties included in In other words, I hate to have it so trol of the lands that were placed in Mr. GOODLATTE’s amendment. that the Rockbridge County govern- trust in them. We would no longer be I will reserve the balance of my time. ment can just decide to sit on this in- in control of zoning, environmental re- Mr. GOODLATTE. Madam Chairman, definitely. But if they specifically, views, and these localities could no I yield myself such time as I may con- through their County Board, dis- longer collect tax revenues from these sume to say the gentleman’s points are approved it, then I guess that would be lands. These are serious concerns and well taken. We certainly understand acceptable. But I don’t want to give could greatly impact operations of the the concerns of the tribe and the inter- the kind of leverage where inaction counties. ests of the individual who owns the might preclude this from occurring. The fact that the bill would establish land in Rockbridge County that would Mr. GOODLATTE. Well, if the gen- tribal land in these counties is a total like to have it taken into trust. tleman would yield further, I take the surprise to these jurisdictions. They My concern, of course, is that this gentleman’s point. However, by the have not had a sufficient opportunity has happened at a late hour and, as you same token, we would have to have to discuss and study how such a change know, we’ve been scrambling to figure some kind of a date by which they would affect them. out exactly what that land is. We now would have to act in disapproval, be- The addition of these new counties is think we have a reasonably good defi- cause otherwise they could disapprove also a total surprise to me and the nition of it, and subject to the approval some time well into the future. So I counties involved, and they should be of the local government, I think that think that the appropriate step here removed from this bill. I’ve also spoken we could agree on language. And if the would be to adopt this amendment to my colleagues, TOM PERRIELLO and chairman and the ranking member, or with the unanimous consent modifica- RICK BOUCHER of the Fifth and Ninth other Members for that matter, do not tion, if no one objects to that, and then Congressional Districts, who also rep- object, I would be prepared to make a the tribe would then proceed to go to resent these newly added counties, and unanimous consent request. the Rockbridge County Board of Super- they also support this amendment. The Acting CHAIR. The Chair would visors and ask them to approve this. If These communities should have the inquire whether the gentleman is sub- they refuse to approve it, they would right to know how these changes will mitting a modification. still have the opportunity to come affect them as far as this legislation is Mr. GOODLATTE. I am. I am asking back in the future and ask them for ap- concerned and the far-reaching con- unanimous consent to submit a modi- proval at a later date. Whereas, the sequences that could permanently fication. gentleman’s language might be more change central Virginia. The Acting CHAIR. The Clerk will re- confusing. I reserve the balance of my time. port the modification. Mr. MORAN of Virginia. By the same Mr. MORAN of Virginia. I rise to The Clerk read as follows: token, unless disapproved within 180 claim the time in opposition to the days of passage, because your argu- amendment. Modification to amendment No. 2 offered by Mr. GOODLATTE: ment applies just as well. The Acting CHAIR. The gentleman In lieu of the matter proposed to be in- Mr. GOODLATTE. If the gentleman from Virginia is recognized for 5 min- serted, insert the following: would yield, I don’t think the gen- utes. Page 51, beginning on line 1, strike tleman is going down the right track Mr. MORAN of Virginia. Madam ‘‘Albermarle’’ and all that follows through because the gentleman who owns this Chairman, first of all, this land was the ‘‘Virginia’’ on line 4 and insert ‘‘Amherst land is still living, and it’s my under- Indians’ land. The Monacan tribe County, Virginia’’ standing that he’s going to convey the owned much of this land. It was taken Page 51, beginning on line 7, strike ‘‘Albermarle’’ and all that follows through land in a testamentary document, and from them. therefore, to try to set a date for the Now, in terms of the counties that ‘‘Virginia’’ on line 10 and insert ‘‘Amherst County, Virginia, and those parcels in action by the board seems to me to be my friend, Mr. GOODLATTE, has in- Rockbridge County, Virginia (subject to the trying to put the cart before the horse. cluded, there is no land currently that consent of the local unit of government), I believe that I must insist, myself, on would be placed in trust. All they want owned by Mr. J. Poole, described as East 731 my own unanimous consent request. is the ability to place land in trust be- Sandbridge (encompassing approximately Mr. MORAN of Virginia. The gen- cause of the recent Supreme Court de- 4.74 acres) and East 731 (encompassing ap- tleman makes a legitimate point, and I cision that said that the Secretary of proximately 5.12 acres)) .’’. will withdraw my reservation. the Interior does not have discretion to The Acting CHAIR. Is there objection The Acting CHAIR. Without objec- do this. to the modification? tion, the amendment is modified. Now, this Supreme Court decision Mr. MORAN of Virginia. Reserving There was no objection. just occurred in February, so it’s a the right to object, my concern with The Acting CHAIR. The Chair recog- brand new context in which these this modification is only one; not the nizes the gentleman from Virginia (Mr. things are dealt with. If it had not been specificity of the modifying amend- GOODLATTE). for the Supreme Court decision, these ment, but it’s subject to the approval Mr. GOODLATTE. Madam Chairman, additional counties would not have of Rockbridge County. What does that with that modification, I would urge been added. But they’re added in case mean? Does there have to be some for- my colleagues to support the amend- people in those counties who are under- mal legislation passed by Rockbridge ment. And I do believe that this is a standing of the plight of the Monacan County? Is it the County Board? Do good and effective way to address the Indians chose to provide land to them. they have to pass formal legislation concerns that I raise and were raised We don’t know that that’s even going and by when? by Congressman PERRIELLO and Con- to occur. There is only one very small I would be fine with it up to the ap- gressman BOUCHER in my conversations parcel of land that the Monacan tribe proval part, but I don’t know what the with them and my staffs conversations is aware of that it would receive from approval part constitutes. with their staffs about the impact that a current landowner in Rockbridge Mr. GOODLATTE. If the gentleman this could have on these particular lo- County. would yield, the consent of the local calities. And, therefore, I would ask my Now, the Indian tribes have com- unit of government, to me, would mean colleagues to support the amendment, promised so much for so long, I think the approval of the Rockbridge County as modified.

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.065 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6115 I yield back the balance of my time. the bill (H.R. 31) to provide for the rec- ‘‘(b) Upon verification by the Secretary of the The Acting CHAIR. The question is ognition of the Lumbee Tribe of North Interior of a tribal roll under subsection (c), the on the amendment offered by the gen- Carolina, and for other purposes, and Secretary of the Interior and the Secretary of Health and Human Services shall develop, in tleman from Virginia (Mr. GOODLATTE), ask for its immediate consideration in consultation with the Lumbee Tribe of North as modified. the House. Carolina, a determination of needs to provide The amendment, as modified, was The Clerk read the title of the bill. the services to which members of the Tribe are agreed to. The SPEAKER pro tempore. Pursu- eligible. The Secretary of the Interior and the The Acting CHAIR. The question is ant to House Resolution 490, the Secretary of Health and Human Services shall on the committee amendment in the amendment in the nature of a sub- each submit a written statement of such needs nature of a substitute, as amended. stitute printed in the bill is adopted to Congress after the tribal roll is verified. The committee amendment in the and the bill, as amended, is considered ‘‘(c) For purposes of the delivery of Federal nature of a substitute, as amended, was read. services, the tribal roll in effect on the date of the enactment of this section shall, subject to agreed to. The text of the bill, as amended, is as The Acting CHAIR. Under the rule, verification by the Secretary of the Interior, de- follows: fine the service population of the Tribe. The the Committee rises. H.R. 31 Secretary’s verification shall be limited to con- Accordingly, the Committee rose; Be it enacted by the Senate and House of Rep- firming compliance with the membership criteria and the Speaker pro tempore (Mr. resentatives of the United States of America in set out in the Tribe’s constitution adopted on DOYLE) having assumed the chair, Ms. Congress assembled, November 16, 2001, which verification shall be BALDWIN, Acting Chair of the Com- SECTION 1. SHORT TITLE. completed within 2 years after the date of the mittee of the Whole House on the State This Act may be cited as the ‘‘Lumbee Rec- enactment of this section. of the Union, reported that that Com- ognition Act’’. ‘‘SEC. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. mittee, having had under consideration SEC. 2. PREAMBLE. An application to take land located within The preamble to the Act of June 7, 1956 (70 the bill (H.R. 1385) to extend Federal Robeson County, North Carolina, into trust Stat. 254), is amended as follows: recognition to the Chickahominy In- under this section shall be treated by the Sec- (1) By striking ‘‘and’’ at the end of each dian Tribe, the Chickahominy Indian retary as an ‘on reservation’ trust acquisition clause. Tribe-Eastern Division, the Upper under part 151 of title 25, Code of Federal Regu- (2) By striking ‘‘: Now, therefore,’’ at the end lation (or a successor regulation). Mattaponi Tribe, the Rappahannock of the last clause and inserting a semicolon. ‘‘(b) The tribe may not conduct gaming activi- Tribe, Inc., the Monacan Indian Na- (3) By adding at the end the following new ties as a matter of claimed inherent authority or tion, and the Nansemond Indian Tribe, clauses: pursuant to House Resolution 490, she ‘‘Whereas the Lumbee Indians of Robeson and under the authority of any Federal law, includ- ing the Indian Gaming Regulatory Act (25 reported the bill back to the House adjoining counties in North Carolina are de- scendants of coastal North Carolina Indian U.S.C. 2701 et seq.) or under any regulations with an amendment adopted by the thereunder promulgated by the Secretary or the Committee of the Whole. tribes, principally Cheraw, and have remained a distinct Indian community since the time of con- National Indian Gaming Commission. The SPEAKER pro tempore. Under ‘‘SEC. 5. (a) The State of North Carolina shall tact with white settlers; exercise jurisdiction over— the rule, the previous question is or- ‘‘Whereas since 1885 the State of North Caro- ‘‘(1) all criminal offenses that are committed dered. lina has recognized the Lumbee Indians as an on; and Is a separate vote demanded on any Indian tribe; ‘‘(2) all civil actions that arise on, lands lo- amendment to the amendment re- ‘‘Whereas in 1956 the Congress of the United cated within the State of North Carolina that States acknowledged the Lumbee Indians as an ported from the Committee of the are owned by, or held in trust by the United Indian tribe, but withheld from the Lumbee Whole? If not, the question is on the States for, the Lumbee Tribe of North Carolina, Tribe the benefits, privileges and immunities to amendment. or any dependent Indian community of the which the Tribe and its members otherwise The amendment was agreed to. Lumbee Tribe of North Carolina. The SPEAKER pro tempore. The would have been entitled by virtue of the Tribe’s ‘‘(b) The Secretary of the Interior is author- status as a federally recognized tribe; and ized to accept on behalf of the United States, question is on the engrossment and ‘‘Whereas the Congress finds that the Lumbee after consulting with the Attorney General of third reading of the bill. Indians should now be entitled to full Federal the United States, any transfer by the State of The bill was ordered to be engrossed recognition of their status as an Indian tribe North Carolina to the United States of any por- and read a third time, was read the and that the benefits, privileges and immunities tion of the jurisdiction of the State of North that accompany such status should be accorded third time, and passed, and a motion to Carolina described in subsection (a) pursuant to to the Lumbee Tribe: Now, therefore,’’. reconsider was laid on the table. an agreement between the Lumbee Tribe and the The SPEAKER pro tempore (Ms. SEC. 3. FEDERAL RECOGNITION. State of North Carolina. Such transfer of juris- BALDWIN). Without objection, the title The Act of June 7, 1956 (70 Stat. 254), is diction may not take effect until 2 years after of H.R. 1385 is amended to read as fol- amended as follows: the effective date of the agreement. lows: (1) By striking the last sentence of the first ‘‘(c) The provisions of this section shall not section. To extend Federal recognition to the affect the application of section 109 of the In- (2) By striking section 2 and inserting the fol- dian Child Welfare Act of 1978 (25 U.S.C. 1919). Chickahominy Indian Tribe, the Chicka- lowing new sections: hominy Indian Tribe—Eastern Division, the ‘‘SEC. 6. There are authorized to be appro- ‘‘SEC. 2. (a) Federal recognition is hereby ex- Upper Mattaponi Tribe, the Rappahannock priated such sums as are necessary to carry out tended to the Lumbee Tribe of North Carolina, this Act.’’. Tribe Inc., the Monacan Indian Nation, and as designated as petitioner number 65 by the Of- the Nansemond Indian Tribe. fice of Federal Acknowledgement. All laws and The SPEAKER pro tempore. The gen- f regulations of the United States of general ap- tleman from West Virginia (Mr. RA- HALL) and the gentleman from Wash- b 1415 plication to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina ington (Mr. HASTINGS) each will con- GENERAL LEAVE and its members. trol 30 minutes. Mr. RAHALL. Madam Speaker, I ask ‘‘(b) Notwithstanding the first section, any The Chair recognizes the gentleman group of Indians in Robeson and adjoining from West Virginia. unanimous consent that all Members counties, North Carolina, whose members are may have 5 legislative days to revise Mr. RAHALL. To my colleagues on not enrolled in the Lumbee Tribe of North Caro- both sides of the aisle, let me begin by and extend their remarks and include lina as determined under section 3(c), may peti- extraneous material on H.R. 31. tion under part 83 of title 25 of the Code of Fed- saying that this measure, which would The SPEAKER pro tempore (Ms. eral Regulations for acknowledgement of tribal extend Federal recognition to the BALDWIN). Is there objection to the re- existence. Lumbee Tribe of North Carolina, is quest of the gentleman from West Vir- ‘‘SEC. 3. (a) The Lumbee Tribe of North Caro- more than a century overdue. When 240 ginia? lina and its members shall be eligible for all of us voted for Federal recognition dur- There was no objection. services and benefits provided to Indians be- ing the 102nd Congress, that should cause of their status as members of a federally f have resolved the question of Lumbee recognized tribe. For the purposes of the deliv- status. When we voted again in favor of ery of such services, those members of the Tribe H.R. 31, LUMBEE RECOGNITION similar legislation in the 103rd Con- ACT residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be gress, that certainly should have Mr. RAHALL. Madam Speaker, pur- deemed to be residing on or near an Indian res- meant that the United States had fi- suant to House Resolution 490, I call up ervation. nally taken a stand and done the right

VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.071 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6116 CONGRESSIONAL RECORD — HOUSE June 3, 2009 thing by acknowledging a trust rela- by which Congress, in 1956, recognized size of the Lumbee Tribe does not dis- tionship with the Lumbee Tribe, but it the Lumbees. qualify it from consideration for rec- was not to be. Last Congress, the Some have expressed concern about ognition, it does demand, nonetheless, Lumbee Tribe Recognition Act passed the cost of this bill, and I want to note that Congress exercise great caution. the House of Representatives with 256 that the cost of this bill is for discre- And I will point that out later on in my votes but, unfortunately, this legisla- tionary programs only. There is no remarks. tion stalled in the Senate. mandatory spending. Any actual costs Madam Speaker, a fundamental prin- So here we are again today, over 115 to this bill are subject to appropria- ciple of Indian law is that a recognized years after the Lumbee first sought tions. tribe should be a tribe that can trace Federal recognition, still attempting To address claims that the tribe was continuous existence from the earliest to clarify their status. only interested in Federal recognition days of our Republic to the present. In The history and struggle of the so that they may conduct gaming, the fact, this is enshrined in one of the Lumbee Tribe to obtain Federal ac- tribe supported an outright gaming seven mandatory criteria that the Bu- knowledgment has been well docu- prohibition which has been included in reau of Indian Affairs, or BIA, uses to mented. When Congress passed the this bill. The gaming prohibition pre- evaluate petitions from groups seeking Lumbee Act of 1956, it simultaneously cludes the Lumbee Tribe from engag- recognition. The BIA process might recognized and terminated the Lumbee ing in, licensing, or regulating gaming have its problems, but at least it has a Tribe by acknowledging their status as pursuant to the Indian Gaming Regu- clear set of standards that a petitioner an Indian tribe by denying them Fed- latory Act or any other Federal law. must meet. eral service. That act was passed dur- Finally, some may argue that the We in Congress do not seem to have ing the era of Federal Indian policy Lumbees should not be allowed to by- a clear standard for determining that known as the Termination Era. If you pass administrative process established the Lumbee Tribe warrants recogni- examine the results of the Termination by the Bureau of Indian Affairs and tion. Legislative proposals to recognize Acts of the 1950s, you would see how should be allowed to go through the ad- the Lumbee has surfaced numerous detrimental that misguided policy was ministrative process. I can assure you times over the last century, yet none to the terminated tribes. Through it extending Federal recognition to a were enacted. No new information has all, the Lumbee Tribe has managed to tribe at this time is not something come to light to justify passing that maintain their sense of community and new, nor does it bypass administrative legislation today. Moreover, the com- provide some services to their citizens. process. If a tribe has been terminated mittee applied no visible standard for This is a testament to the fact that by the Federal Government, they are determining why the Lumbees warrant the Lumbees have a functioning gov- ineligible for the administrative proc- recognition while other groups do not. ernment worthy of Federal acknowl- ess. Unless the House develops a clear, ra- edgment. Yet the Lumbee people still Because we, the Congress, terminated tional, fixed policy on recognition, do not have the government-to-govern- the Lumbees in 1956, it is solely our re- then our act of recognizing a tribe ment relationship they deserve. At no sponsibility to restore their status. would deem to be arbitrary. This could time has the Department of the Inte- In closing, I would like to commend undermine the standing of recognized rior ever opposed Federal recognition the gentleman from North Carolina, tribes everywhere. The lack of transparent standards in for this tribe based on the belief that Mr. MIKE MCINTYRE, for his dedication H.R. 31 leads to a major issue: the tribe the Lumbees are not entitled to such to this issue. Over the years, he has size and the cost of providing services status. Indeed, the Department has re- acted in a professional and respectful to it. Two years ago when we consid- peatedly concluded that the Lumbee manner in his tireless efforts, his su- ered the same legislation, the Congres- Tribe descends from similar speaking perb leadership. This bill has garnered sional Budget Office, or CBO, esti- tribes. 185 cosponsors. Mr. MCINTYRE’s dedica- mated that recognizing the Lumbees Several studies undertaken by the tion to the Lumbee people is most ad- would cost taxpayers $480 million over Department have consistently con- mirable, and I’m sure they recognize 5 years based on an enrollment of cluded that the Lumbees are a distinct, and salute him for that dedication. about 40,000 members. Today, CBO ad- self-governing Indian community I would also like to commend the vises that the bill is going to cost $786 which has been historically located on Lumbee Tribe for being extremely pa- million over 5 years based on a tribal the Lumbee River in North Carolina. tient with Congress as we have failed During President Obama’s campaign, enrollment of 54,000. to clarify their status for far too long. $786 million, Madam Speaker, is an he pledged his full support for recogni- In the face of adversity, their deter- enormous sum and it could force the tion of the Lumbee people. At the Nat- mination and sheer stamina has served BIA and the Indian Health Service to ural Resources hearing this year, the as testament to their belief in who alter formulas for the provisions of administration testified in support of they are as a people. They have en- service to all other tribes, possibly re- H.R. 31 stating: ‘‘There are rare cir- dured rejection by Congress, hostility ducing their allocation. cumstances when Congress should in- by the Bureau of Indian Affairs, and A recent news article in the North tervene and recognize a tribal group. have even been snubbed in their quest Carolina paper indicates the tribal And the case of Lumbee Indians is one by neighboring Indian tribes unwilling rolls are closed because of the concerns such case.’’ to have the Lumbee recognized the over the size of the tribe. The implica- During this debate, we may hear a Congress as they were. tion is that the tribal rolls will be re- number of canards against Lumbee rec- All the Lumbee want is the respect of opened again after Congress passes this ognition but not one will be a legiti- being acknowledged for who they are— bill. As I said earlier, the size of the mate reason to deny recognition. One an American Indian tribe. tribe is not an issue here. What is at such relates to the different names Let us join this effort to grant the issue is the kind of enrollment stand- given the Lumbee Tribe. Although the Lumbee the recognition they have so ards the tribe applies because tax- State of North Carolina has recognized long deserved. It is up to us to do the payers and other tribes want to know the tribe for over 100 years, it has done right thing by extending Federal rec- what the cost implications will be so under various names. Other than the ognition to the Lumbee Tribe, and I down the road. Lumbee Tribe, North Carolina is re- urge all of my colleagues to support Let me restate a few points that I sponsible for the various names that it H.R. 31. made when the Committee on Natural imposed upon the tribe. It was not I reserve the balance of my time. Resources marked up this measure, be- until the tribe pressured the State that Mr. HASTINGS of Washington. cause the objections and the concerns the tribe was authorized to conduct a Madam Speaker, I rise in opposition to that I raised then have not been re- referendum to choose their own name. H.R. 31, and I do so because I believe solved today. When it did so in 1951, it chose the this bill sets a bad precedent. It ex- First, the Obama administration tes- name Lumbee Indians of North Caro- tends Federal recognition to what I un- tified in support of H.R. 31, reversing lina. This is the only name ever se- derstand would become the third larg- the stance of the previous administra- lected by the tribe, and it is this name est tribe in the country. Though the tion. In the committee hearing on the

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Salazar, is the top political leader justifies the recognition of the Lumbee Hon. NICK J. RAHALL II, there. I would note since the day he Tribe. Chair, Natural Resources Committee, House of took office, Secretary Salazar has re- So with that, Madam Speaker, I re- Representatives, Longworth House Office peatedly stressed that his decisions serve the balance of my time. Building, Washington, DC. will be based on the law and sound Mr. RAHALL. Madam Speaker, I’m Hon. DON YOUNG, science. For example, an Interior news most delighted to yield 10 minutes to Ranking Member, Natural Resources Committee, release quotes him as saying: ‘‘My first House of Representatives, Longworth House the distinguished gentleman from Office Building, Washington, DC. priority at Interior is to lead the De- North Carolina (Mr. MCINTYRE), lead DEAR CONGRESSMAN RAHALL AND CONGRESS- partment with openness in decision sponsor of this legislation, and, again, MAN YOUNG: Thank you for the opportunity making, high ethical standards, and re- commend him for his tremendous lead- to submit written comments about pending spect to scientific integrity.’’ Again, ership. legislation for federal recognition of the this is from a news release that was (Mr. MCINTYRE asked and was given Lumbee Tribe of North Carolina by the Con- sent out by the Department. permission to revise and extend his re- gress of the United States of America. I be- We are debating a bill about tribal marks.) lieve full federal recognition of the Lumbee Tribe by Congress is long overdue. recognition and the Department of the Mr. MCINTYRE. Madam Speaker, the Interior is supposed to base its recogni- members of the Lumbee Tribe, many of Recognition of and interaction with the tion decisions based on the research of Lumbee people as a unique, distinct Indian whom are here from the tribal council tribe began when settlers from Virginia, the professional historians, anthropolo- today, and I appreciate Chairman RA- South Carolina and Europe first arrived in gists, and genealogists employed in the HALL’s strong support of the Lumbee the Cape Fear and Pee Dee River Basins Bureau of Indian Affairs. Tribe in the past and your willingness after the Tuscarora War (1711–1715). There, So in this new leadership at Interior, to cosponsor this bill for Federal rec- the settlers encountered a well-populated, how did this new leadership at Interior ognition to bring long overdue justice cohesive American Indian tribal group situ- and the administration arrive at sup- to the recognition of this tribe. ated mostly along and to the west of what is port of H.R. 31? Was it because of the Madam Speaker, I place into the now known as the Lumber River in Robeson professional opinion of those career so- County. As early as 1890, the U.S. Depart- RECORD four letters from all of North ment of Interior acknowledged this fact cial scientists? Was there openness in Carolina’s Governors, both Democratic this decisionmaking? I think the an- among others as evidence that the Lumbee and Republican, from the last 32 years people are American Indians. swer is no. The Department has not in recognition and desire that this A proclamation by colonial Governor Mat- provided the committee with any data tribe be federally recognized. thew Rowan on May 10, 1753 stated that supporting its conclusion that the STATE OF NORTH CAROLINA, Drowning Creek (Lumber River in Robeson Lumbee met the same basic criteria as OFFICE OF THE GOVERNOR, County) was ‘‘the Indian Frontier.’’ Other other tribes the Secretary has recog- Raleigh. NC, May 1, 2009. historical records of the eighteenth and nized. Hon. NICK J. RAHALL II, early nineteenth centuries, including Revo- While there are a number of other Chair, Natural Resources Committee, House of lutionary War pensions for Lumbees who concerns with H.R. 31, let me highlight Representatives, Longworth House Office fought for American independence, attest to one more which is extremely impor- Building, Washington, DC. the Lumbees as American Indians. tant. While the Constitution grants Hon. DOC HASTINGS, In 1885, North Carolina’s General Assembly Ranking Member, Natural Resources Committee, passed a bill recognizing and naming the Congress plenary authority to recog- Lumbee tribe ‘‘Croatan.’’ In 1911 the General nize a tribe, the Congress must respect House of Representatives, Longworth House Office Building, Washington, DC. Assembly changed their name to the ‘‘Indi- some reasonable limits on the exercise DEAR CONGRESSMAN RAHALL AND CONGRESS- ans of Robeson County’’ and in 1913 to ‘‘Cher- of this authority. To do otherwise un- MAN HASTINGS: Thank you for the oppor- okee Indians of Robeson County.’’ None of dermines the whole notion of tribal tunity to submit written comments about these names was chosen by the tribe. In 1953, recognition and thereby dishonors all pending legislation for federal recognition of the State officially changed the tribe’s name validly recognized tribes. With this in the Lumbee Tribe of North Carolina by the to ‘‘Lumbee Tribe of North Carolina’’ fol- mind, the House today should, at a Congress of the United States of America. lowing a 1952 tribal referendum requested by I am writing to express my support for the the Lumbees and paid for by the State in minimum, ensure that a tribe being which this name was overwhelmingly cho- formally recognized descends from a century-long effort of the Lumbee Tribe of North Carolina to attain a favorable decision sen. These names all apply to the same known historic tribe. on federal recognition. Both Republican and American Indian tribe. b 1430 Democratic administrations have supported For more than a century, North Carolina’s Lumbee efforts, and the State of North Caro- Governors, various state legislators and H.R. 31 fails this test. The legislation lina has recognized the Lumbees as a Tribe. Members of the North Carolina Congres- limits the Secretary to ‘‘confirming The Lumbee people have waited too long on sional delegation have supported the effort compliance with the membership cri- a decision on federal recognition, and the US by the Lumbee Tribe to obtain federal rec- teria set out in the Tribe’s constitu- Congress should give them this opportunity. ognition, beginning with a petition to Con- tion.’’ As you know, the Lumbee Tribe has sought gress in 1888. Enclosed are copies of letters The tribe has testified that its mem- federal recognition since 1888. after being by former Governors James G. Martin (R) bers are descendants of coastal North recognized by the State of North Carolina as and James B. Hunt, Jr., (D)—my immediate Carolina tribes. At a minimum, the the ‘‘Croatan’’ Tribe in 1885. In 1956, the Con- predecessors—attesting to the strong bipar- tisan support for federal recognition that the Secretary should verify that every gress acknowledged that Lumbees were Indi- ans. but at the request of the Department of Lumbee Tribe has enjoyed during the last member of the tribe descends from the Interior, included language in this legis- generation. such historic tribes. Such verification lation that precluded access to federal funds. In the past, federal recognition has been has not been done, and it is not re- This left the Lumbees without a federal rela- denied because of opposition by the Bureau quired under H.R. 31. It could have tionship as an Indian tribe. This provision of Indian Affairs and Department of the Inte- been done if the amendment filed by also halted the efforts of the Lumbees to rior on budgetary grounds. Each of several the gentleman from North Carolina gain federal acknowledgement through the federal investigations into the Lumbees’ his- federal acknowledgement process at the De- tory, genealogy and ethnicity has concluded (Mr. SHULER) were made in order by that the Lumbees are in fact American Indi- the Rules Committee, but the Rules partment of the Interior. I understand that Congress has enacted special legislation to ans. It follows that federal recognition Committee chose not to make his address special circumstances such as these. should be authorized for this long-standing amendment in order. I thank the House and the Natural Re- American Indian Tribe. His amendment would have required sources Committee for holding this hearing Personally and on behalf of North Caro- the Secretary to evaluate the Lumbee and for allowing me to offer written com- lina, I offer to our fellow Lumbee citizens

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.074 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6118 CONGRESSIONAL RECORD — HOUSE June 3, 2009 and to the Congress our full, unqualified sup- the Clinton Administration will release its In fact, in my home county, the port for Congressional recognition of the position on the bill. I ask that you and the former sheriff, the current clerk of Lumbee Tribe. I encourage your support for President support the bill. court, the register of deeds, the school The Lumbee have 40,000 enrolled members the Lumbee Tribe and for the adoption of superintendent, several county com- this bill. in the United States and should be recog- I thank the House and the Natural Re- nized. In fact, seven studies in this century missioners, including the chairman, sources Committee for holding this hearing have shown them to be an independent In- school board members, and the person and for allowing me to offer written com- dian community. who represents me and my family in ments about the Lumbee Tribe recognition I appreciate your consideration of this let- the State legislature are all Lumbee bill. ter. Please contact Congressman Rose or me Indians. Also, judges on both the Dis- With warm personal regards, I remain if we can assist you in any way with this trict Court and Superior Court bench Very truly yours, matter. My warmest personal regards. are Lumbee Indians. MICHAEL F. EASLEY, Sincerely, In other words, the Lumbee Indians Governor. JAMES B. HUNT, Jr., have achieved great accomplishments. Governor. Their contributions have been recog- STATE OF NORTH CAROLINA, nized from the city councils and coun- OFFICE OF THE GOVERNOR, STATE OF NORTH CAROLINA, Raleigh, March 11, 1993. ty commissioners, to the chamber of OFFICE OF THE GOVERNOR, commerce, to our regional medical cen- Hon. BRUCE BABBITT, Raleigh, July 30, 1991. Secretary, U.S. Department of Interior, Wash- ter, and the list goes on. They all have Hon. DANIEL K. INOUYE, ington, DC. Chairman, Senate Select Committee on Indian endorsed recognition of this tribe. DEAR BRUCE: I am pleased that you were Affairs, Hart Senate Office Building, Wash- But let me say this in a broader able to be in our state recently and I appre- ington, DC. sense. I personally visited with over 300 ciated the opportunity to meet with you. DEAR SENATOR INOUYE: I have asked James of my colleagues, many of you listen- There are approximately 40,000 Lumbee In- S. Lofton, Secretary of the North Carolina ing back in your offices right now, and dians living in North Carolina and they have Department of Administration to represent your legislative directors and chiefs of been officially recognized by the State of me at the Joint Hearing regarding S. 1036, North Carolina since 1885. The Lumbees have staff, and we’ve talked about this. In the Lumbee Recognition Bill, which will be one aspect or another, the United been seeking federal recognition since 1888. held on August 1. Secretary Lofton will be Seven studies have shown them to be an accompanied by Henry McKoy, Deputy Sec- States Congress has been dealing with independent Indian community. retary of the Department of Administration, this issue since 1888. During that time, I would like to reiterate my strong support Patrick O. Clark, Chairman of the North Congress has directed the Department for the Congressional process for federal rec- Carolina Commission of Indian Affairs; and of the Interior to examine the tribe’s ognition of the Lumbee Indian tribe in North A. Bruce Jones, the commission’s executive history. Carolina. As you know H. R. 334, introduced director. Eleven times, 11 times this tribe has by Congressman Charlie Rose of North Caro- I fully support the passage of S. 1036 and been examined by the Department of lina, would provide such recognition. We sup- am requesting the support of the Senate Se- port that legislation as stated in my letter of lect Committee on Indian Affairs. The State the Interior. This is not about going January 28, 1993. of North Carolina has recognized the Lumbee around the process. It’s not about skip- Federal recognition of the tribe has been Tribe as a separate and viable Indian entity ping over the BIA. It’s not about set- endorsed by the N.C. Commission of Indian since 1885. The passage of S. 1036 will entitle ting a precedent that some other tribe Affairs, the Governors’ Interstate Indian the Lumbee to enjoy’the same rights, privi- is going to say, oh, we will just skip Council, and the National Congress of Amer- leges and services enjoyed by other federally the process. This tribe has gone ican Indians which is the oldest and largest recognized tribes in the nation and will, fur- through it. They have been examined. Indian organization in the country. ther, be a major step toward rectifying the Over and over and over and over and inequities suffered by the Lumbee people for In 1956 a bill was passed by the Congress to over and over and over, and we can go recognize the Lumbee tribe, but it denied the centuries. tribe the benefits or protections afforded to I thank you for your attention.to this mat- on and say that 11 times. Indians by the U.S. of America. ter and will appreciate your favorable con- So why are we still debating this? For over 100 years the Lumbees have tried sideration of my request. Well, in 1956, in fact the year I was to obtain federal recognition, but to no Sincerely, born—it’s been that long now—53 years avail. It is my opinion that the administra- JAMES G. MARTIN, later, 1956, this Congress recognized the tive recognition process that was proposed Governor. Lumbees in Maine in name only but did by the previous administration simply is too Madam Speaker, I was born and not complete the recognition process. cumbersome, time-consuming, costly and reared in Robeson County, North Caro- You know, there were two other tribes has not worked effectively. Therefore, I lina, the primary home of the Lumbee in America that had this dilemma: the would urge you to support the Congressional people. I go home there virtually every Tiwas of Texas and also our friends recognition process as proposed by Congress- weekend and have the high honor of man Rose. from Arizona, the Yaqui Pascua. These I want to work with you and the President representing about 40,000 of the 55,000 two tribes, Congress went back and in any way possible to help the Lumbee Lumbees who live in my home county. completed the recognition, 1987 and Tribe receive Congressional recognition. I In fact, there are more Lumbees in also back in 1978. am confident that this recognition is not Robeson County than any other racial So, now, there’s one tribe in America only in our state’s and the tribe’s best inter- or ethnic group. The Lumbee Indians left in this situation, one tribe. This is est, but in the interest of the United States are my friends, many of whom I’ve not setting a precedent for other as well. known all my life. They’re important tribes. In fact, the solicitor from the Sincerely, to the success of everyday life, not Department of the Interior said the JAMES B. HUNT, Jr., only in Robeson County, but through- Governor. only way to resolve this issue is to go out southeastern North Carolina, our back to Congress. Yeah, you’ve been STATE OF NORTH CAROLINA, entire State, as evidenced by these let- through the BIA 11 times. BIA can’t do OFFICE OF THE GOVERNOR, ters from our Governors, and their con- it. Go back to Congress because what Raleigh, January 28, 1993. tributions, indeed, to our Nation. Congress started Congress should fin- Re Federal Recognition of the Lumbee Indi- From medicine and law, to business ish, and that’s why we’re back here ans. and banking, from the farms and fac- today. Hon. BRUCE BABBITT, tories, to the schools and the church- We had it in the 103rd and 104th and Secretary, U.S. Department of Interior, Wash- es—we had a Lumbee Indian come and just, yes, in our last session of Con- ington, DC. open the National Day of Prayer right gress, the 110th, we passed this legisla- DEAR BRUCE: This letter is to ask for your here as our guest chaplain the first tion. In fact, we had a two-thirds ma- assistance in obtaining federal recognition Thursday in May—from government, jority, Republicans and Democrats, lib- for the Lumbee Indian tribe, which has many military, our veterans, community erals, conservatives and moderates, be- members in North Carolina. Congressman Charlie Rose (D–N.C.) has introduced a bill service, to entertainment and athletic cause this isn’t about philosophy or (H.R. 334) that would provide such recogni- accomplishments, the Lumbees have partisan politics. This is about doing tion. made tremendous contributions to our the right thing. Before the House Subcommittee on Indian country, our State and, indeed, our Na- And to think I go home on weekends, Affairs considers H.R. 334, I understand that tion. and every weekend, the folks from the

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.049 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6119 Lumbee Tribe wonder why doesn’t our correct inequities that have occurred we instituted, as a Congress, the Office government still recognize we exist? in our history. We have conservatives of Federal Acknowledgment, and we We have tribal members here today. Do and liberal and moderates and Repub- should make sure it does its proper we not recognize as a Nation that 55,000 licans and Democrats on this bill. So it work. people, who have died for this country is not a philosophical or political argu- Mr. RAHALL. Madam Speaker, I as veterans and served our country in ment anymore. It’s only about doing yield 5 minutes to the gentleman from the military and law enforcement and the right thing. American Samoa (Mr. FALEOMAVAEGA). the hospitals and banks and farms and I challenge all of my colleagues in (Mr. FALEOMAVAEGA asked and factories, and all the other places I our United States Congress to do the was given permission to revise and ex- mentioned earlier, are people that de- right thing. It’s time for discrimina- tend his remarks.) serve the dignity of recognition? tion to end and recognition to begin. Mr. FALEOMAVAEGA. Madam This is not about gaming. Please Mr. HASTINGS of Washington. Speaker, I rise today in strong support hear me friends and colleagues listen- Madam Speaker, I’m pleased to yield 3 of H.R. 31, the proposed bill to provide ing in the offices. They have agreed to minutes to the gentleman from North for the recognition of the Lumbee prohibit gaming in the enacting legis- Carolina (Mr. MCHENRY). Tribe of North Carolina. lation. So that this is not about going Mr. MCHENRY. Madam Speaker, I First, I want to commend the gentle- around the process, and it’s not about thank my colleague and ranking mem- man and my dear friend, the gentleman gaming, and it’s not about a reserva- ber for yielding. from North Carolina (Mr. MCINTYRE) tion of land. Why? Because they are I thank my colleague from North for his leadership and tremendous work fully integrated in society, as I have al- Carolina as well for his honest efforts that he has done to move this bill ready mentioned. They are our judges. on behalf of his constituents. I respect- through committee that is now before They’re our law enforcement. They’re fully disagree with the conclusions the us. our doctors and our bankers back home gentleman’s made, but I certainly re- I also want to commend Chairman in North Carolina. spect him and his abilities in rep- RAHALL and our ranking member, Mr. What is it about then? It’s about get- resenting his constituents and the hard HASTINGS, and my colleagues on the ting the politics out of the way that work he’s offered on this legislation. Natural Resources Committee for their have delayed this bill the last 53 years, But I rise today in opposition of H.R. agreement to bringing this bill to the and let’s get on with it and complete 31, the Lumbee Recognition Act. I be- floor. the recognition that the solicitor has lieve all groups seeking Federal rec- Madam Speaker, it has been more said only we can complete. ognition as an Indian tribe should go than 120 years since the Lumbees first It is a unique situation. They are the through the administrative process at attempted Federal recognition since only tribe in America in this situation. the Department of the Interior. It’s 1888. More than a century has passed It is not an antecedent for any other clear that this process does need re- since they first started this labyrinth argument about any other tribe. forming, but Congress should do the known as Federal recognition process. Today, our North Carolina Senators hard work of reforming that process. Since then, the Lumbee themselves on a bipartisan basis support this bill. In this case, the Department of In- have been subjected to such demeaning Today, 185 of my colleagues have co- dian Affairs has stated that the 1956 vetting process, including having the sponsored, on a bipartisan basis, this Lumbee Act prevents the Lumbee from size of their teeth measured and their bill. Today, the White House recognizes going through the proper course of ac- blood tested to see how much Indian that this is an injustice that, yes, must tion to attain this status. I believe they were. finally be resolved. Congress should act to lift that restric- Since 1888, the Lumbees have sub- The political leadership has stopped tion, and that is why I joined with my mitted all documentation they have to it since 1956. Political leadership ought other North Carolina Democratic col- prove their existence. After more than to help correct it, and thank God that league, Congressman Heath Shuler, in 100 years’ worth of documentation and they’re willing to do that now. submitting an amendment to the Rules witness testimony, the Lumbees have And today, we can take that step to- Committee to remove the barriers set fully exhausted the Federal recogni- ward rectifying this wrong of 53 years forth in the 1956 Lumbee Act and pro- tion process but to no avail. ago. When we passed it those other vide the Lumbee with the same oppor- Madam Speaker, it is also important times that I mentioned, three other tunity to attain Federal recognition as to note that the policy of the United times, it got to the Senate only to face other tribes have. I think that’s the States has been terribly inconsistent inaction. Last year, they ran out of proper path. Unfortunately, the Rules with regard to the original inhabitants time before the general election. We Committee disallowed us that oppor- of this land, the first Americans. Our don’t want that to happen. That’s why tunity to vote on that legislation here first policy was to do battle with them, we’re getting this done today so that on the House floor, and I think that’s kill them. The prevailing opinion at they will have the rest of this year and unfortunate. the time was epitomized by General all of next year hopefully to finally To the extent that the process needs Philip Sheridan in 1869 when he said: give this tribe its long overdue recogni- to be reformed, we should let Congress ‘‘The only good Indians I ever saw were tion. What Congress started Congress or the agency focus on those specific dead.’’ should finish. areas, instead of passing individual rec- Our next policy was that of assimila- Madam Speaker, in conclusion, let ognition bills. tion. During this period, the United me urge this House not to delay any- I cannot support the underlying leg- States tried to make Indians part of more. Justice delayed is justice denied. islation, which would allow the American mainstream. And then in the The evidence is clear, cogent, con- Lumbee to circumvent this proper rec- 1950s and the early 1960s, this country’s vincing. The examinations have oc- ognition process and their hard work in policy was termination, termination curred. We have heard the advisory diligently working toward recognition meaning Indian tribes were no longer opinion from the solicitor. We know through the Office of Federal Acknowl- in existence. that only Congress can resolve this. It edgment. This would be unfair to those is time to say ‘‘yes.’’ ‘‘Yes’’ to dignity tribes who have gone through the prop- b 1445 and respect. ‘‘Yes’’ to fundamental er requirements to attain their official Then there was the policy of rein- fairness. ‘‘Yes’’ to decency. ‘‘Yes’’ to status. statement. Since 1978, the tribes now honor. ‘‘Yes’’ to Federal recognition. Also, it’s unfair to existing federally have to seek recognition from the Fed- Let’s do what is right. People in recognized tribes who do not want to eral Government, and doing so by a se- America are tired of bickering in see their cultural identity undermined ries of administrative regulations that Washington. They are tired of people by legislation such as this. have caused tremendous hardship for pointing fingers and dreaming up ex- I urge my colleagues to vote against the tribes seeking to be recognized by cuses not to get things done. You this bill and allow the Office of Federal the Federal Government. know, let’s send a message today that Acknowledgment to carry out its ap- Throughout this entire period, the we’re willing to do the right thing to propriate responsibilities. That’s why Lumbees were seeking recognition.

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.076 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6120 CONGRESSIONAL RECORD — HOUSE June 3, 2009 While Congress recognized the Lumbee House Resolution 490, the previous The Rules Committee, as I have men- Indians in the 1956 Act, the Lumbees question is ordered on the bill, as tioned and as Mr. MCHENRY mentioned, were still deprived of critical services amended. would not make Mr. SHULER of North and benefits that were available to The question is on the engrossment Carolina’s amendment in order that other Indian tribes. Since then, the and third reading of the bill. would have required the Lumbees to Lumbees have felt like they were sec- The bill was ordered to be engrossed meet all seven of the BIA criteria, in- ond-class citizens. And I agree. and read a third time, and was read the cluding the one quoted above, to obtain Madam Speaker, it is public record third time. Federal recognition. that the Interior Department has found MOTION TO RECOMMIT This motion requires the Secretary the Lumbee petition for recognition Mr. HASTINGS of Washington. to verify that members of the Lumbee wanting. Apparently, the Lumbees Madam Speaker, I have a motion to re- Tribe meet the equivalent of just one didn’t keep sufficient written records commit at the desk. of the seven criteria that are applied to of their existence for the period sup- The SPEAKER pro tempore. Is the the other petitioners seeking recogni- posedly encompassing roughly from gentleman opposed to the bill? tion through the BIA process. 1760 to 1850 to convince the Department Mr. HASTINGS of Washington. I am, I believe, Madam Speaker, this is of the Interior. I guess the Department in its current form, Madam Speaker. reasonable because there have been thinks that any group of people who The SPEAKER pro tempore. The some concerns about the tribe’s enroll- don’t have a paper trail to prove their Clerk will report the motion to recom- ment. existence aren’t worthy of Federal rec- mit. Today, the tribe claims 54,000 mem- ognition. The Clerk read as follows: bers, and the CBO says the cost would While I know it’s true that the Bu- Mr. Hastings of Washington moves to re- be $786 million over 5 years. This is an reau of Indian Affairs exists only to commit the bill H.R. 31 to the Committee on increase from just 2 years ago when create a paper trail, I cannot help but Natural Resources with instructions to re- they were told that there were 40,000 port the same back to the House forthwith tribal members. Moreover, it appears think the Lumbee case is a perfect ex- with the following amendment: ample of a bureaucratic process run Page 5, lines 17 and 18, strike ‘‘The Sec- the tribe is keeping its rolls closed amok. retary’’ and all that follows through the pe- until Congress passes this bill. Madam Speaker, there comes a time riod on line 22, and insert the following: ‘‘For It is fair to have the Secretary verify when the process for process’ sake loses purposes of the delivery of Federal services, the base rolls the tribe uses to estab- its value. While it might be proce- the Secretary of the Interior shall verify lish membership. This verification re- durally nice for the Bureau of Indian that the persons on the Lumbee base rolls quirement does not cancel the tribe’s Affairs and the Department of the Inte- are descendants of Cheraw or other coastal recognition; it merely provides a North Carolina Indian tribes.’’. rior to provide a timely review of each means of verifying the base rolls, group that seeks recognition, some- The SPEAKER pro tempore. Pursu- something the BIA should do if the times justice requires otherwise. The ant to the rule, the gentleman from Lumbees had gone through the regu- cost of continuing the acknowledgment Washington (Mr. HASTINGS) is recog- latory process. process in the case of the Lumbees, for nized for 5 minutes in support of his Thus, a motion to recommit merely me at least, is just simply too high. motion. ensures the House has taken extra care Mr. HASTINGS of Washington. And I believe that this is one of the to ensure the decision to extend rec- principal roles that Congress has to Thank you very much, Madam Speak- ognition to the Lumbee is appropriate, play. er. because a wrong decision, a wrong deci- The time has come for this institu- Madam Speaker, the motion to re- sion, Madam Speaker, could have an tion to take action. By our own inac- commit amends the bill to require the adverse impact on all tribes. tion, Congress will continue to defer to Secretary of the Interior to verify that With that, I yield back the balance of a Federal recognition process that, in members of the Lumbee Tribe are de- my time. the case of the Lumbees, has failed scendants of the Cheraw and coastal Mr. RAHALL. I rise in opposition to miserably, a Federal recognition proc- North Carolina tribes. I don’t believe the motion to recommit. ess that is also in greater need of re- this is unreasonable, and I say that be- The SPEAKER pro tempore. The gen- form. And I have introduced legislation cause the preamble contained in H.R. tleman from West Virginia is recog- to have Congress change the process. 31 states that, ‘‘the Lumbee Indians of nized for 5 minutes. Today, we are considering H.R. 31, a Robeson and adjoining counties in Mr. RAHALL. Wow. Madam Speaker, bill to grant Lumbees Federal recogni- North Carolina are descendants of it certainly has been a torturous and tion. After reviewing this bill, there’s coastal North Carolina Indian tribes, long path for the Lumbee Indian Tribe. nothing in here that threatens the eco- principally Cheraw.’’ This is but yet another stake that is nomic stream of other federally recog- At the same time, section 3 of the attempted to be driven in their heart. nized tribes. Indeed, H.R. 31 contains legislation limits the Secretary’s role It is long established policy in this prohibition of gaming activities. in verifying the Lumbee tribal rolls country for Indian tribes to determine Madam Speaker, further inaction only to ‘‘confirming compliance with their own membership, their own roll. would lead to more time lost for the the membership criteria set out in the This motion to recommit would single Lumbees. For over 100 years, the tribe’s constitution.’’ out the Lumbee Tribe as the only tribe Lumbees are still seeking recognition. Thus, Madam Speaker, nothing in in America that would be subject to And just prior to the introduction of H.R. 31 requires the Secretary or any this new requirement. It’s discrimina- this bill, we have had to recognize six third party to verify that individuals tory. It’s ugly. It deserves to be de- tribes from Virginia after they waited enrolled in the Lumbee Tribe are de- feated. for 400 years. Does this suggest that scendants of the historic Cheraw and I want to make something very clear the poor Lumbees are to wait for an- coastal North Carolina Indians. before yielding to the gentleman from other 300 years, Madam Speaker? I say Under the Bureau of Indian Affairs North Carolina. This is not something not. regulations, as has been mentioned sev- new that we’re doing today, granting The time has come to give the eral times today, one of the seven man- Federal recognition to an Indian tribe. Lumbees Federal recognition. I urge datory requirements that must be met There are 561 federally recognized In- my colleagues and Members of this to be recognized by the Secretary as a dian tribes according to the GAO. Of House, do pass H.R. 31 and give the tribe is that: ‘‘The petitioner’s mem- those, 530 were recognized by the Con- Lumbee Indians at last the recognition bership consists of individuals who de- gress of the United States. That would they so dearly deserve. scend from a historical Indian tribe or be this body. That’s 530 of 561. And Mr. HASTINGS of Washington. I from historical Indian tribes which none were recognized under the criteria yield back the balance of my time. combined and functioned as a single that’s being offered in this motion to Mr. RAHALL. I yield back the bal- autonomous political entity.’’ These recommit. ance of my time. regulations list a wide variety of evi- I yield the balance of my time in op- The SPEAKER pro tempore. All time dence that can be used to meet this re- position to the gentleman from North for debate having expired, pursuant to quirement. Carolina (Mr. MCINTYRE).

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.079 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6121 Mr. MCINTYRE. Thank you, Mr. There was no objection. NAYS—224 Chairman. Let’s just put this straight- The SPEAKER pro tempore. The Abercrombie Gutierrez Murphy, Patrick forward. This is yet another subter- question is on the motion to recommit. Ackerman Halvorson Murtha fuge. It’s another attempt to push the Aderholt Hare Nadler (NY) The SPEAKER pro tempore. The Andrews Harman Napolitano Lumbees back yet again through polit- question was taken; and the Speaker Baca Hastings (FL) Neal (MA) ical action. It’s another attempt to pro tempore announced that the noes Baldwin Heinrich Oberstar Barrow Herseth Sandlin send them back to the bureaucracy. appeared to have it. Obey And the last thing our American citi- Bean Higgins Olver Mr. HASTINGS of Washington. Berkley Hinchey Ortiz zens deserve and that our Lumbee Madam Speaker, on that I demand the Berman Hinojosa Pallone American citizens deserve is to be put Berry Hirono yeas and nays. Pascrell back through a simple saying of, Go Biggert Hodes Pastor (AZ) back to the bureaucracy. Let’s once The yeas and nays were ordered. Bishop (GA) Holden Payne The SPEAKER pro tempore. Pursu- Bishop (NY) Holt Perlmutter again let Congress skip its duty. Blumenauer Honda Peters Our United States Constitution itself ant to clause 8 and clause 9 of rule XX, Boccieri Hoyer Peterson says that the Congress—right there this 15-minute vote on the motion to Bonner Inslee Pingree (ME) where it says, ‘‘to regulate commerce recommit will be followed by 5-minute Boswell Israel Polis (CO) Boucher Issa with foreign nations and among the votes on passage of the bill, if ordered, Pomeroy Brady (PA) Jackson (IL) Price (NC) several States and with the Indian and motions to suspend the rules on Braley (IA) Jackson-Lee Rahall tribes.’’ It is a congressional duty and House Concurrent Resolution 109, and Brown (SC) (TX) Reyes responsibility. Brown, Corrine Johnson (GA) Richardson House Resolution 471. Butterfield Johnson, E. B. Now, they’ve gone through this proc- Rodriguez The vote was taken by electronic de- Capps Kagen Ross ess, we already explained, 11 times. vice, and there were—yeas 197, nays Capuano Kanjorski Rothman (NJ) This is a 12th time being offered. 224, not voting 12, as follows: Cardoza Kaptur Roybal-Allard That’s what this is. And our Members Carnahan Kennedy Rush Carson (IN) Kildee should recognize this and also recog- [Roll No. 296] Ryan (OH) Castor (FL) Kilpatrick (MI) Salazar YEAS—197 Clarke Kilroy nize that no other tribe that has re- Sarbanes Clay Kind ceived Federal recognition through an Adler (NJ) Franks (AZ) Myrick Schakowsky Cleaver Kirkpatrick (AZ) act of the United States Congress has Akin Frelinghuysen Neugebauer Schauer Clyburn Klein (FL) Alexander Gallegly Nunes Schiff had to go back through a verification Cohen Kosmas Altmire Garrett (NJ) Nye Schrader process that is now proposed in this Cole Kratovil Arcuri Gerlach Olson Schwartz Connolly (VA) Kucinich motion to recommit. Austria Gingrey (GA) Paul Scott (GA) Conyers Langevin Let’s treat the Lumbees fairly. This Bachmann Gohmert Paulsen Scott (VA) Cooper Larsen (WA) Bachus Goodlatte Pence Serrano would put them in a situation that Costa Larson (CT) Baird Granger Perriello Sestak would single them out to further treat Barrett (SC) Graves Costello Lee (CA) Petri Sherman Bartlett Guthrie Crowley Levin them unfairly when they now have al- Pitts Skelton Barton (TX) Hall (NY) Cuellar Lewis (GA) ready been singled out, and we have Platts Slaughter Bilbray Hall (TX) Cummings Lipinski Poe (TX) Smith (TX) been told by the Solicitor that we must Bilirakis Harper Dahlkemper Loebsack Posey Smith (WA) resolve this problem. Blackburn Hastings (WA) Davis (CA) Lofgren, Zoe Snyder Mr. RAHALL. Madam Speaker, if I Blunt Heller Price (GA) DeFazio Lowey Speier Boehner Hensarling Putnam DeGette Luja´ n have time left, I yield to the gentleman Spratt Bono Mack Herger Quigley Delahunt Lungren, Daniel from American Samoa. Stark Boozman Hill Radanovich Diaz-Balart, L. E. Sutton The SPEAKER pro tempore. The gen- Boren Himes Rangel Diaz-Balart, M. Lynch Tauscher tleman from West Virginia controls 11⁄2 Boustany Hoekstra Rehberg Dicks Maloney minutes. Boyd Hunter Reichert Dingell Markey (CO) Thompson (CA) Brady (TX) Inglis Roe (TN) Doggett Markey (MA) Thompson (MS) Mr. RAHALL. I yield 11⁄2 minutes to Bright Jenkins Rogers (KY) Doyle Massa Tierney the gentleman from American Samoa. Brown-Waite, Johnson (IL) Rogers (MI) Driehaus Matheson Titus Mr. FALEOMAVAEGA. I just want to Ginny Jones Rohrabacher Edwards (MD) Matsui Tonko note for the record, as much as I re- Buchanan Jordan (OH) Rooney Edwards (TX) McCarthy (NY) Towns spect my dear friend, the gentleman Burgess King (IA) Roskam Ellison McCollum Tsongas Burton (IN) King (NY) Royce Engel McDermott Van Hollen from Washington, I remember dis- Buyer Kingston Ryan (WI) Eshoo McGovern Vela´ zquez tinctly we had a hearing on this very Calvert Kirk Scalise Etheridge McIntyre Visclosky issue, and the gentleman who wrote Camp Kissell Schmidt Farr McMahon Walz the regulations, the seven criteria that Campbell Kline (MN) Schock Fattah McNerney Wasserman Filner Meek (FL) Schultz were outlined in terms of what these Cantor Lamborn Sensenbrenner Cao Lance Sessions Foster Meeks (NY) Waters poor tribes had to go through, admit- Capito Latham Shadegg Frank (MA) Melancon Watson ted before this committee, our com- Carney LaTourette Shea-Porter Fudge Michaud Watt mittee, even he would not have been Carter Latta Shimkus Giffords Miller (MI) Waxman Cassidy Lee (NY) Shuler Gonzalez Miller (NC) Weiner able to seek recognition if this is the Welch Castle Lewis (CA) Shuster Gordon (TN) Miller, George Grayson Wexler way the bureaucratic maze had to be Chaffetz Linder Simpson Mitchell Green, Al Mollohan Woolsey conducted on how to recognize an In- Chandler LoBiondo Sires Green, Gene Moore (KS) Wu Childers Lucas Smith (NE) dian tribe. Griffith Moore (WI) Yarmuth Coble Luetkemeyer Smith (NJ) So I say this to my good friend from Grijalva Moran (VA) Young (AK) Coffman (CO) Lummis Souder the State of Washington, we are set- Conaway Mack Space NOT VOTING—12 Courtney Maffei ting precedent here to the effect that Stearns Crenshaw Manzullo Becerra Rogers (AL) Sanchez, Loretta we have already recognized all other Stupak Culberson Marchant Bishop (UT) Ros-Lehtinen Sullivan Tanner tribes, the six that we just recognized Davis (AL) Marshall Broun (GA) Ruppersberger Wilson (OH) Taylor 30 minutes ago. There was no require- Davis (KY) McCarthy (CA) Davis (IL) Sa´ nchez, Linda ment they had to go back to one of the Davis (TN) McCaul Teague Johnson, Sam T. Deal (GA) McClintock Terry separate criteria in order to be recog- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeLauro McCotter Thompson (PA) nized. Dent McHenry Thornberry The SPEAKER pro tempore (during This is the prerogative of the Con- Donnelly (IN) McHugh Tiahrt the vote). Members have 2 minutes re- gress. The Congress can pass this legis- Dreier McKeon Tiberi maining in this vote. lation to give recognition to this tribe. Duncan McMorris Turner Ehlers Rodgers Upton b 1532 And I say this with all due respect to Ellsworth Mica Walden my good friend from Washington. Emerson Miller (FL) Wamp Messrs. BLUMENAUER, HOYER, Mr. RAHALL. Madam Speaker, I Fallin Miller, Gary Westmoreland ISSA, COLE, HODES, PASTOR of Ari- yield back the balance of my time. Flake Minnick Whitfield zona, PERLMUTTER, BERRY, The SPEAKER pro tempore. Without Fleming Moran (KS) Wilson (SC) ELLISON, STARK, WU, GUTIERREZ, Forbes Murphy (CT) Wittman objection, the previous question is or- Fortenberry Murphy (NY) Wolf LARSON of Connecticut, SALAZAR, dered on the motion to recommit. Foxx Murphy, Tim Young (FL) MARKEY of Massachusetts, Mrs.

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.082 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6122 CONGRESSIONAL RECORD — HOUSE June 3, 2009 MCCARTHY of New York, Ms. JACK- Meek (FL) Price (NC) Speier Ros-Lehtinen Sa´ nchez, Linda Sullivan SON-LEE of Texas, Ms. BERKLEY, Meeks (NY) Rahall Spratt Ruppersberger T. Wilson (OH) Melancon Reyes Stark Sanchez, Loretta Mrs. MILLER of Michigan, Ms. Michaud Richardson Sutton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE FUDGE, Messrs. MELANCON, GRIF- Miller (NC) Rodriguez Tauscher FITH, SHERMAN, KIND, TOWNS, Ms. Miller, George Ross Terry The SPEAKER pro tempore (during Mitchell Rothman (NJ) Thompson (CA) the vote). Members have 2 minutes re- KOSMAS, Messrs. BOUCHER, CLEAV- Mollohan Roybal-Allard Thompson (MS) maining in this vote. ER, Mrs. BIGGERT, Messrs. COSTA, Moore (KS) Rush Thornberry ISRAEL, JOHNSON of Georgia, Ms. Moore (WI) Ryan (OH) Tierney Moran (VA) Salazar b 1541 Titus TITUS, Mrs. DAHLKEMPER, Messrs. Murphy (NY) Sarbanes Tonko Mr. POMEROY changed his vote from SMITH of Texas and GORDON of Ten- Murtha Schakowsky Towns Nadler (NY) Schiff ‘‘yea’’ to ‘‘nay.’’ nessee changed their vote from ‘‘yea’’ Tsongas to ‘‘nay.’’ Napolitano Schrader So the bill was passed. Neal (MA) Schwartz Van Hollen ´ The result of the vote was announced Mr. HERGER, Mrs. BACHMANN, Nunes Scott (GA) Velazquez Messrs. BOYD, FRANKS of Arizona, Oberstar Scott (VA) Visclosky as above recorded. FORBES, ADLER of New Jersey, Ms. Obey Serrano Walden A motion to reconsider was laid on Olver Sestak Walz the table. DELAURO, Ms. SHEA-PORTER and Waters Ortiz Shea-Porter Stated against: Mr. MARSHALL changed their vote Pallone Sherman Watson from ‘‘nay’’ to ‘‘yea.’’ Pascrell Shimkus Watt Mr. MCCARTHY of California. Mr. Speaker, So the motion to recommit was re- Pastor (AZ) Simpson Waxman during final consideration of H.R. 31, I inad- Payne Skelton Weiner vertently voted ‘‘yea’’ on rollcall 297. I in- jected. Perlmutter Slaughter Welch The result of the vote was announced Peters Smith (TX) Wexler tended to vote ‘‘nay.’’ Woolsey as above recorded. Peterson Smith (WA) f Pingree (ME) Snyder Wu The SPEAKER pro tempore. The Platts Souder Yarmuth question is on the passage of the bill. Polis (CO) Space Young (AK) HONORING ANNUAL SUSAN G. The question was taken; and the KOMEN RACE FOR THE CURE NAYS—179 Speaker pro tempore announced that The SPEAKER pro tempore. The un- the ayes appeared to have it. Adler (NJ) Franks (AZ) Murphy (CT) finished business is the vote on the mo- Akin Frelinghuysen Murphy, Patrick Mr. HASTINGS of Washington. Alexander Gallegly Murphy, Tim tion to suspend the rules and agree to Madam Speaker, on that I demand the Altmire Garrett (NJ) Myrick the concurrent resolution, H. Con. Res. yeas and nays. Arcuri Gerlach Neugebauer 109, on which the yeas and nays were Austria Gingrey (GA) Nye The yeas and nays were ordered. Baca Goodlatte Olson ordered. The SPEAKER pro tempore. This Bachmann Granger Paul The Clerk read the title of the con- will be a 5-minute vote. Bachus Graves Paulsen current resolution. The vote was taken by electronic de- Barrett (SC) Griffith Pence The SPEAKER pro tempore. The Bartlett Guthrie Perriello vice, and there were—yeas 240, nays Barton (TX) Hall (NY) Petri question is on the motion offered by 179, not voting 14, as follows: Bilbray Hall (TX) Pitts the gentlewoman from California (Mrs. [Roll No. 297] Bilirakis Halvorson Poe (TX) CAPPS) that the House suspend the Blackburn Harper Pomeroy YEAS—240 Blunt Hastings (WA) Posey rules and agree to the concurrent reso- Ackerman Davis (KY) Jackson-Lee Boehner Hensarling Price (GA) lution, H. Con. Res. 109. Aderholt DeFazio (TX) Bono Mack Herger Putnam This is a 5-minute vote. Andrews DeGette Johnson (GA) Boozman Herseth Sandlin Quigley The vote was taken by electronic de- Boren Hill Radanovich Baird Diaz-Balart, L. Johnson, E. B. Boustany Himes Rehberg vice, and there were—yeas 417, nays 0, Baldwin Diaz-Balart, M. Kagen Bright Hoekstra Reichert Barrow Dicks Kanjorski not voting 16, as follows: Brown-Waite, Hunter Roe (TN) Bean Dingell Kaptur [Roll No. 298] Ginny Inglis Rogers (KY) Berkley Doggett Kennedy Buchanan Issa Rogers (MI) YEAS—417 Berman Donnelly (IN) Kildee Berry Kilpatrick (MI) Burgess Jenkins Rohrabacher Abercrombie Brady (PA) Connolly (VA) Doyle Burton (IN) Johnson (IL) Rooney Biggert Driehaus Kilroy Ackerman Brady (TX) Conyers Bishop (GA) Kind Buyer Jones Roskam Aderholt Braley (IA) Cooper Edwards (MD) Calvert Jordan (OH) Royce Bishop (NY) Edwards (TX) King (NY) Adler (NJ) Bright Costa Blumenauer Kirkpatrick (AZ) Camp King (IA) Ryan (WI) Akin Brown (SC) Costello Ellison Campbell Kingston Scalise Boccieri Engel Kissell Alexander Brown, Corrine Courtney Bonner Klein (FL) Cantor Kirk Schauer Altmire Brown-Waite, Eshoo Crenshaw Boswell Kosmas Cao Kline (MN) Schmidt Andrews Ginny Crowley Etheridge Boucher Kratovil Carney Lamborn Schock Arcuri Buchanan Cuellar Farr Boyd Kucinich Carter Lance Sensenbrenner Austria Burgess Culberson Fattah Brady (PA) Langevin Cassidy Latham Sessions Baca Burton (IN) Cummings Filner Brady (TX) Larsen (WA) Castle Latta Shadegg Bachmann Butterfield Dahlkemper Foster Braley (IA) Larson (CT) Chaffetz Lee (NY) Shuler Bachus Buyer Davis (AL) Brown (SC) Frank (MA) LaTourette Childers Lewis (CA) Shuster Baird Calvert Davis (CA) Brown, Corrine Fudge Lee (CA) Coffman (CO) LoBiondo Sires Baldwin Camp Davis (KY) Butterfield Giffords Levin Cole Lucas Smith (NE) Barrett (SC) Campbell Davis (TN) Capito Gohmert Lewis (GA) Conaway Luetkemeyer Smith (NJ) Barrow Cantor Deal (GA) Capps Gonzalez Linder Courtney Lummis Stearns Bartlett Cao DeFazio Capuano Gordon (TN) Lipinski Crenshaw Lungren, Daniel Stupak Barton (TX) Capito DeGette Cardoza Grayson Loebsack Culberson E. Tanner Bean Capps Delahunt Carnahan Green, Al Lofgren, Zoe Davis (TN) Mack Taylor Berkley Capuano DeLauro Carson (IN) Green, Gene Lowey Deal (GA) Maffei Teague Berman Cardoza Dent Castor (FL) Grijalva Luja´ n Delahunt Manzullo Thompson (PA) Berry Carnahan Diaz-Balart, L. Chandler Gutierrez Lynch DeLauro Marchant Tiahrt Biggert Carney Diaz-Balart, M. Clarke Hare Maloney Dent McCaul Tiberi Bilbray Carson (IN) Dicks Clay Harman Markey (CO) Dreier McClintock Turner Bilirakis Carter Dingell Cleaver Hastings (FL) Markey (MA) Duncan McCotter Upton Bishop (GA) Cassidy Doggett Clyburn Heinrich Marshall Ehlers McHenry Wamp Bishop (NY) Castle Donnelly (IN) Coble Heller Massa Ellsworth McMorris Wasserman Blackburn Castor (FL) Doyle Cohen Higgins Matheson Emerson Rodgers Schultz Blumenauer Chaffetz Dreier Connolly (VA) Hinchey Matsui Fallin Mica Westmoreland Blunt Chandler Driehaus Conyers Hinojosa McCarthy (CA) Flake Miller (FL) Whitfield Boccieri Childers Duncan Cooper Hirono McCarthy (NY) Fleming Miller (MI) Wilson (SC) Boehner Clarke Edwards (MD) Costa Hodes McCollum Forbes Miller, Gary Wittman Bonner Clay Edwards (TX) Costello Holden McDermott Fortenberry Minnick Wolf Bono Mack Cleaver Ehlers Crowley Holt McGovern Foxx Moran (KS) Young (FL) Boozman Clyburn Ellison Cuellar Honda McHugh Boren Coble Ellsworth Cummings Hoyer McIntyre NOT VOTING—14 Boswell Coffman (CO) Emerson Dahlkemper Inslee McKeon Abercrombie Broun (GA) Rangel Boucher Cohen Engel Davis (AL) Israel McMahon Becerra Davis (IL) Rogers (AL) Boustany Cole Eshoo Davis (CA) Jackson (IL) McNerney Bishop (UT) Johnson, Sam Boyd Conaway Etheridge

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.084 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6123 Fallin Lee (CA) Quigley Wolf Wu Young (AK) Davis (CA) Kanjorski Olson Farr Lee (NY) Radanovich Woolsey Yarmuth Young (FL) Davis (KY) Kaptur Olver Fattah Levin Rahall Davis (TN) Kennedy Ortiz Filner Lewis (CA) Rangel NOT VOTING—16 Deal (GA) Kildee Pallone Flake Lewis (GA) Rehberg Becerra Pence Sanchez, Loretta DeFazio Kilpatrick (MI) Pascrell Fleming Linder Reichert Bishop (UT) Pitts Schmidt DeGette Kilroy Pastor (AZ) Forbes Lipinski Reyes Broun (GA) Ros-Lehtinen Sullivan Delahunt Kind Paul Fortenberry LoBiondo Richardson Davis (IL) Ruppersberger Watt DeLauro King (IA) Paulsen Foster Loebsack Rodriguez Johnson, Sam Sa´ nchez, Linda Wilson (OH) Dent King (NY) Payne Foxx Lofgren, Zoe Roe (TN) Myrick T. Diaz-Balart, L. Kingston Pence Frank (MA) Lowey Rogers (AL) Diaz-Balart, M. Kirkpatrick (AZ) Perlmutter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Franks (AZ) Lucas Rogers (KY) Dicks Kissell Perriello Frelinghuysen Luetkemeyer Rogers (MI) The SPEAKER pro tempore (during Dingell Klein (FL) Peters Fudge Luja´ n Rohrabacher the vote). Members have less than 2 Doggett Kline (MN) Peterson Gallegly Lummis Rooney minutes remaining in this vote. Donnelly (IN) Kosmas Petri Garrett (NJ) Lungren, Daniel Roskam Doyle Kratovil Pingree (ME) Gerlach E. Ross Dreier Kucinich Pitts Giffords Lynch Rothman (NJ) b 1550 Driehaus Lamborn Platts Gingrey (GA) Mack Roybal-Allard So (two-thirds being in the affirma- Duncan Lance Poe (TX) Edwards (MD) Langevin Polis (CO) Gohmert Maffei Royce tive) the rules were suspended and the Gonzalez Maloney Rush Edwards (TX) Larsen (WA) Pomeroy Goodlatte Manzullo Ryan (OH) concurrent resolution was agreed to. Ehlers Larson (CT) Posey Gordon (TN) Marchant Ryan (WI) The result of the vote was announced Ellison Latham Price (GA) Granger Markey (CO) Salazar Ellsworth LaTourette Price (NC) as above recorded. Emerson Latta Putnam Graves Markey (MA) Sarbanes A motion to reconsider was laid on Grayson Marshall Scalise Engel Lee (CA) Quigley Green, Al Massa Schakowsky the table. Eshoo Lee (NY) Radanovich Green, Gene Matheson Schauer Etheridge Levin Rahall Griffith Matsui Schiff f Fallin Lewis (CA) Rangel Grijalva McCarthy (CA) Schock Farr Lewis (GA) Rehberg Guthrie McCarthy (NY) Schrader EXPRESSING SYMPATHY FOR VIC- Fattah Linder Reichert Filner Lipinski Reyes Gutierrez McCaul Schwartz TIMS OF CAMP LIBERTY SHOOT- Flake LoBiondo Richardson Hall (NY) McClintock Scott (GA) INGS Fleming Loebsack Rodriguez Hall (TX) McCollum Scott (VA) Forbes Lofgren, Zoe Roe (TN) Halvorson McCotter Sensenbrenner The SPEAKER pro tempore. The un- Fortenberry Lowey Rogers (AL) Hare McDermott Serrano finished business is the question on Foster Lucas Rogers (KY) Harman McGovern Sessions suspending the rules and agreeing to Foxx Luetkemeyer Rogers (MI) Harper McHenry Sestak Frank (MA) Luja´ n Rohrabacher Hastings (FL) McHugh Shadegg the resolution, H. Res. 471, as amended. Franks (AZ) Lummis Rooney Hastings (WA) McIntyre Shea-Porter The Clerk read the title of the resolu- Frelinghuysen Lungren, Daniel Roskam Heinrich McKeon Sherman tion. Fudge E. Ross Heller McMahon Shimkus Hensarling McMorris The SPEAKER pro tempore. The Gallegly Lynch Rothman (NJ) Shuler Garrett (NJ) Mack Roybal-Allard Herger Rodgers Shuster question is on the motion offered by Herseth Sandlin McNerney the gentleman from (Mr. Gerlach Maffei Royce Simpson Giffords Maloney Rush Higgins Meek (FL) Sires KRATOVIL) that the House suspend the Hill Meeks (NY) Gingrey (GA) Manzullo Ryan (OH) Skelton rules and agree to the resolution, H. Gohmert Marchant Ryan (WI) Himes Melancon Slaughter Hinchey Mica Res. 471, as amended. Gonzalez Markey (CO) Salazar Smith (NE) Goodlatte Markey (MA) Sarbanes Hinojosa Michaud Smith (NJ) The question was taken. Hirono Miller (FL) Granger Marshall Scalise Smith (TX) The SPEAKER pro tempore. In the Graves Massa Schakowsky Hodes Miller (MI) Smith (WA) Hoekstra Miller (NC) opinion of the Chair, two-thirds being Grayson Matheson Schauer Snyder Green, Al Matsui Schiff Holden Miller, Gary Souder in the affirmative, the ayes have it. Miller, George Green, Gene McCarthy (CA) Schmidt Holt Space Mr. MCGOVERN. Madam Speaker, on Honda Minnick Griffith McCarthy (NY) Schock Speier Hoyer Mitchell that I demand the yeas and nays. Grijalva McCaul Schrader Spratt Guthrie McClintock Schwartz Hunter Mollohan The yeas and nays were ordered. Stark Gutierrez McCollum Scott (GA) Inglis Moore (KS) Stearns The SPEAKER pro tempore. This Hall (NY) McCotter Scott (VA) Inslee Moore (WI) Stupak will be a 5-minute vote. Hall (TX) McDermott Sensenbrenner Israel Moran (KS) Sutton Halvorson McGovern Serrano Issa Moran (VA) The vote was taken by electronic de- Tanner Hare McHenry Sessions Jackson (IL) Murphy (CT) vice, and there were—yeas 416, nays 0, Tauscher Harman McHugh Sestak Jackson-Lee Murphy (NY) Taylor not voting 17, as follows: Harper McIntyre Shadegg (TX) Murphy, Patrick Teague Hastings (FL) McKeon Shea-Porter Jenkins Murphy, Tim [Roll No. 299] Hastings (WA) McMahon Sherman Johnson (GA) Murtha Terry YEAS—416 Heinrich McMorris Shimkus Johnson (IL) Nadler (NY) Thompson (CA) Thompson (MS) Abercrombie Bonner Carney Heller Rodgers Shuler Johnson, E. B. Napolitano Ackerman Bono Mack Carson (IN) Hensarling McNerney Shuster Jones Neal (MA) Thompson (PA) Thornberry Aderholt Boozman Carter Herger Meek (FL) Simpson Jordan (OH) Neugebauer Adler (NJ) Boren Cassidy Herseth Sandlin Meeks (NY) Sires Kagen Nunes Tiahrt Tiberi Akin Boswell Castle Higgins Melancon Skelton Kanjorski Nye Alexander Boucher Castor (FL) Hill Mica Slaughter Kaptur Oberstar Tierney Titus Altmire Boustany Chaffetz Himes Michaud Smith (NE) Kennedy Obey Andrews Boyd Chandler Hinchey Miller (FL) Smith (NJ) Kildee Olson Tonko Towns Arcuri Brady (PA) Childers Hinojosa Miller (MI) Smith (TX) Kilpatrick (MI) Olver Austria Brady (TX) Clarke Hirono Miller (NC) Smith (WA) Tsongas Kilroy Ortiz Baca Braley (IA) Clay Hodes Miller, Gary Snyder Turner Kind Pallone Bachmann Bright Cleaver Hoekstra Miller, George Souder Upton King (IA) Pascrell Bachus Brown (SC) Clyburn Holden Minnick Space Van Hollen King (NY) Pastor (AZ) Baird Brown, Corrine Coble Holt Mitchell Speier Vela´ zquez Kingston Paul Baldwin Brown-Waite, Coffman (CO) Honda Moore (KS) Spratt Kirk Paulsen Visclosky Barrett (SC) Ginny Cohen Hoyer Moore (WI) Stark Kirkpatrick (AZ) Payne Walden Barrow Buchanan Cole Hunter Moran (KS) Stearns Kissell Perlmutter Walz Bartlett Burgess Conaway Inglis Moran (VA) Stupak Klein (FL) Perriello Wamp Barton (TX) Burton (IN) Connolly (VA) Inslee Murphy (CT) Sutton Kline (MN) Peters Wasserman Bean Butterfield Conyers Israel Murphy (NY) Tanner Kosmas Peterson Schultz Berkley Buyer Cooper Issa Murphy, Patrick Tauscher Kratovil Petri Waters Berry Calvert Costa Jackson (IL) Murphy, Tim Taylor Kucinich Pingree (ME) Watson Biggert Camp Costello Jackson-Lee Murtha Teague Lamborn Platts Waxman Bilirakis Campbell Courtney (TX) Nadler (NY) Terry Lance Poe (TX) Weiner Bishop (GA) Cantor Crenshaw Jenkins Napolitano Thompson (CA) Langevin Polis (CO) Welch Bishop (NY) Cao Crowley Johnson (GA) Neal (MA) Thompson (MS) Larsen (WA) Pomeroy Westmoreland Blackburn Capito Cuellar Johnson (IL) Neugebauer Thompson (PA) Larson (CT) Posey Wexler Blumenauer Capps Culberson Johnson, E. B. Nunes Thornberry Latham Price (GA) Whitfield Blunt Capuano Cummings Jones Nye Tiahrt LaTourette Price (NC) Wilson (SC) Boccieri Cardoza Dahlkemper Jordan (OH) Oberstar Tiberi Latta Putnam Wittman Boehner Carnahan Davis (AL) Kagen Obey Tierney

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.036 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6124 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Titus Wamp Whitfield mittee on Standards of Official Con- The SPEAKER pro tempore. The gen- Tonko Wasserman Wilson (SC) duct. tleman will state his further par- Towns Schultz Wittman Tsongas Waters Wolf I yield back the balance of my time, liamentary inquiry. Turner Watson Woolsey and I move the previous question on Mr. BOEHNER. If the House were to Upton Watt Wu the motion. adopt this motion to refer this to the Van Hollen Waxman Yarmuth ´ PARLIAMENTARY INQUIRIES Committee on Standards of Official Velazquez Weiner Young (AK) Visclosky Welch Young (FL) Mr. FLAKE. Madam Speaker, I have Conduct, under the previous announce- Walden Westmoreland a parliamentary inquiry. ment from the Chair, the Committee Walz Wexler The SPEAKER pro tempore. The gen- on Standards of Official Conduct would NOT VOTING—17 tleman will state his parliamentary in- be required to do nothing. Becerra Gordon (TN) Ruppersberger quiry. The SPEAKER pro tempore. The Berman Johnson, Sam Sa´ nchez, Linda Mr. FLAKE. I just saw the resolu- committee would have referral of the Bilbray Kirk T. Bishop (UT) Mollohan Sanchez, Loretta tion. I don’t know if it actually just resolution. Broun (GA) Myrick Sullivan punts the ball until the appropriations Mr. BOEHNER. And nothing else? Davis (IL) Ros-Lehtinen Wilson (OH) cycle is done or if it actually requires The SPEAKER pro tempore. The ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that the committee investigate. committee would have referral of the The SPEAKER pro tempore (during Can the committee wait for 45 days resolution. the vote). Members have 2 minutes re- and then announce that it is not inves- Mr. FLAKE. Madam Speaker, I have maining in this vote. tigating the PMA scandal, and then a parliamentary inquiry. we’re at the same place we are now? b 1559 The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The tleman will state his parliamentary in- So (two-thirds being in the affirma- Chair cannot interpret the pending res- quiry. tive) the rules were suspended and the olution. It is available at the desk for Mr. FLAKE. Does the resolution re- resolution, as amended, was agreed to. review. quire that the committee report back The result of the vote was announced Mr. FLAKE. Further parliamentary as above recorded. in 45 days or 45 legislative days? inquiry. The SPEAKER pro tempore. The A motion to reconsider was laid on The SPEAKER pro tempore. The gen- the table. Chair cannot interpret the resolution. tleman will state his further par- It is available for inspection. f liamentary inquiry. Mr. FLAKE. Madam Speaker, the DIRECTING THE COMMITTEE ON Mr. FLAKE. This resolution, as I un- reason I ask is because within 45 days, STANDARDS OF OFFICIAL CON- derstand it, does not require the Com- the appropriations cycle will likely be DUCT TO REPORT TO THE HOUSE mittee on Standards of Official Con- completed. OF REPRESENTATIVES ON THE duct to do anything but report whether The SPEAKER pro tempore. The gen- ACTIONS THE COMMITTEE HAS or not an investigation is occurring. tleman is not stating a parliamentary TAKEN CONCERNING ANY MIS- Does this motion require any action inquiry. CONDUCT OF MEMBERS AND EM- on the part of the Committee on Stand- Without objection, the previous ques- PLOYEES OF THE HOUSE IN CON- ards of Official Conduct? tion is ordered. The SPEAKER pro tempore. The NECTION WITH ACTIVITIES OF Mr. PRICE of Georgia. I object. pending motion is to refer the resolu- THE PMA GROUP The SPEAKER pro tempore. Objec- tion to committee. Mr. HOYER. Madam Speaker, I rise tion is heard. Mr. FLAKE. So no action is required. to a question of the privileges of the Mr. BOEHNER. Madam Speaker, I The question is on ordering the pre- House. have a parliamentary inquiry. vious question. The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- The previous question was ordered. Clerk will report the resolution. The SPEAKER pro tempore. The The Clerk read as follows: tleman will state his parliamentary in- quiry. question is on the motion. H. RES. 500 Mr. BOEHNER. Madam Speaker, does The question was taken; and the Whereas there have been allegations in the this motion do anything other than Speaker pro tempore announced that media concerning the improper involvement the ayes appeared to have it. of Members of the House of Representatives refer this worthless piece of paper to the Ethics Committee? Mr. BOEHNER. Madam Speaker, on in certain activities of the PMA Group; and that I demand the yeas and nays. Whereas according to these media accounts The SPEAKER pro tempore. The pro- and the statements of those involved, the posal is to refer the resolution to com- The yeas and nays were ordered. Department of Justice is conducting an in- mittee. The vote was taken by electronic de- vestigation into such activities of the PMA Mr. BOEHNER. Further parliamen- vice, and there were—yeas 270, nays Group: Now, therefore, be it tary inquiry. 134, answered ‘‘present’’ 17, not voting Resolved, That not later than 45 days after The SPEAKER pro tempore. The gen- 12, as follows: the adoption of this resolution, the Com- [Roll No. 300] mittee on Standards of Official Conduct tleman will state his further par- shall report to the House of Representatives liamentary inquiry. YEAS—270 on the actions the Committee has taken, if Mr. BOEHNER. Does it require the Abercrombie Braley (IA) Cummings any, concerning any misconduct of Members Committee on Standards of Official Ackerman Brown, Corrine Dahlkemper and employees of the House in connection Conduct to do anything? Adler (NJ) Buyer Davis (AL) with such activities of the PMA Group. Altmire Capps Davis (CA) The SPEAKER pro tempore. The pro- Andrews Capuano Davis (TN) The SPEAKER pro tempore. The res- posal before the body is to refer the Arcuri Cardoza DeFazio olution qualifies. resolution to committee. Baca Carnahan DeGette Baird Carney Delahunt MOTION OFFERED BY MR. MCGOVERN Mr. BOEHNER. Parliamentary in- Baldwin Carson (IN) DeLauro Mr. MCGOVERN. Madam Speaker, I quiry. Barrow Cassidy Dicks have a motion at the desk. The SPEAKER pro tempore. The gen- Bean Castle Dingell The SPEAKER pro tempore. The tleman will state his further par- Berkley Childers Doggett liamentary inquiry. Berman Clarke Donnelly (IN) Clerk will report the motion. Berry Clay Doyle The Clerk read as follows: Mr. BOEHNER. If the House were to Biggert Cleaver Driehaus Mr. MCGOVERN moves that the resolution adopt this motion, this resolution, Bishop (GA) Clyburn Edwards (MD) be referred to the Committee on Standards would it require the committee to do Bishop (NY) Cohen Edwards (TX) of Official Conduct. Blumenauer Connolly (VA) Ehlers anything? Blunt Conyers Ellison The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The Boccieri Cooper Ellsworth tleman from Massachusetts is recog- measure would be referred to com- Boren Costa Emerson nized on his motion. mittee for its consideration. Boswell Costello Engel Boucher Courtney Eshoo Mr. MCGOVERN. Madam Speaker, Mr. BOEHNER. Further parliamen- Boyd Crowley Etheridge this measure merits review in the Com- tary inquiry. Brady (PA) Cuellar Farr

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.038 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6125 Fattah LoBiondo Ross Miller (MI) Rehberg Shimkus MAKE HEALTH INSURANCE MORE Filner Loebsack Rothman (NJ) Miller, Gary Roe (TN) Simpson AFFORDABLE FOR SMALL BUSI- Forbes Lowey Roybal-Allard Moran (KS) Rogers (AL) Smith (NE) Foster Luja´ n Rush Neugebauer Rogers (KY) Smith (TX) NESSES Frank (MA) Lynch Ryan (OH) Nunes Rogers (MI) Souder (Mr. ADLER of New Jersey asked and Fudge Maffei Salazar Olson Rohrabacher Stearns Gerlach Maloney Sarbanes Paul Rooney Thompson (PA) was given permission to address the Giffords Markey (CO) Schakowsky Paulsen Roskam Thornberry House for 1 minute.) Pence Royce Gohmert Markey (MA) Schauer Tiahrt Gonzalez Marshall Pitts Ryan (WI) Mr. ADLER of New Jersey. I rise Schiff Tiberi Goodlatte Massa Platts Scalise today to bring attention to the many Schmidt Wamp Grayson Matheson Posey Schock Schrader Westmoreland small business owners and employees Green, Al Matsui Schwartz Price (GA) Sensenbrenner in New Jersey and across this country Green, Gene McCarthy (NY) Putnam Sessions Whitfield Scott (GA) Wilson (SC) who cannot afford health insurance. Griffith McCollum Scott (VA) Radanovich Shadegg Grijalva McDermott Small businesses are the backbone of Serrano ANSWERED ‘‘PRESENT’’—17 Gutierrez McGovern Sestak our local communities and economies. Hall (NY) McIntyre Shea-Porter Barrett (SC) Conaway Lofgren, Zoe The small business owners are strug- Hall (TX) McMahon Bonner Dent Myrick Sherman gling to make ends meet under the Halvorson McNerney Shuler Bright Diaz-Balart, L. Poe (TX) Hare Meek (FL) Shuster Butterfield Hastings (WA) Walden weight of their health insurance costs, Harman Meeks (NY) Sires Castor (FL) Kline (MN) Welch and the price just keeps rising. Hastings (FL) Melancon Skelton Chandler Latham Heinrich Michaud I know the struggle personally. My Slaughter Herseth Sandlin Miller (FL) NOT VOTING—12 Smith (NJ) father owned and operated a small Higgins Miller (NC) Smith (WA) Becerra Ros-Lehtinen Sullivan business, a dry cleaning business. My Hill Miller, George Snyder Broun (GA) Ruppersberger Terry Himes Minnick dad lost his business after suffering Space Davis (IL) Sa´ nchez, Linda Wilson (OH) Hinchey Mitchell multiple heart attacks without health Speier Gordon (TN) T. Hinojosa Mollohan Spratt Johnson, Sam Sanchez, Loretta insurance. He worked hard, supported Hirono Moore (KS) Stark his family, but the price of insurance Hodes Moore (WI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Stupak Holden Moran (VA) was just too high. Over 30 years later, Sutton The SPEAKER pro tempore (during Holt Murphy (CT) more and more families in New Jersey Tanner the vote). Members have 2 minutes re- Honda Murphy (NY) are still feeling the same pinch. Hoyer Murphy, Patrick Tauscher maining in this vote. Inslee Murphy, Tim Taylor From the year 2000 to 2007, health in- Teague Israel Murtha b 1628 surance premiums in New Jersey in- Jackson (IL) Nadler (NY) Thompson (CA) Thompson (MS) creased by 71 percent, while median Jackson-Lee Napolitano Mr. BACHUS changed his vote from yearly wages increased only 15 percent. (TX) Neal (MA) Tierney ‘‘yea’’ to ‘‘nay.’’ Titus And more than 28 percent of individ- Johnson (GA) Nye Messrs. LoBIONDO, JOHNSON of Johnson, E. B. Oberstar Tonko uals working for small businesses are Towns Jones Obey Georgia, HALL of Texas, GOHMERT, living without health insurance. Kagen Olver Tsongas MINNICK, GERLACH, WOLF, Mrs. Turner I hear from small business owners in Kanjorski Ortiz BIGGERT and Mrs. SCHMIDT changed Kaptur Pallone Upton Burlington County and Ocean County their vote from ‘‘nay’’ to ‘‘yea.’’ Kennedy Pascrell Van Hollen almost every day. They want to pro- Kildee Pastor (AZ) Vela´ zquez So the motion was agreed to. vide health insurance for themselves, Kilpatrick (MI) Payne Visclosky The result of the vote was announced Walz their families, and their employees. Kilroy Perlmutter as above recorded. Kind Perriello Wasserman They just can’t afford it. Schultz A motion to reconsider was laid on Kirkpatrick (AZ) Peters That’s why I’m proud to join a bipar- Kissell Peterson Waters the table. Klein (FL) Petri Watson tisan group of legislators supporting Kosmas Pingree (ME) Watt f the Small Business Health Options Kratovil Polis (CO) Waxman Program, or SHOP Act. The SHOP Act Kucinich Pomeroy Weiner Langevin Price (NC) Wexler PERSONAL EXPLANATION will allow small businesses to pool Larsen (WA) Quigley Wittman Mr. BROUN of Georgia. Madam Speaker, their resources and find the best op- Larson (CT) Rahall Wolf tions to meet the needs of their em- LaTourette Rangel Woolsey today, I missed the following votes: Rollcall Lee (CA) Reichert Wu Nos. 295, 296, 297, 298, 299, and 300. If I ployees. Levin Reyes Yarmuth had been able to make these votes, I would Let’s support small business and Lewis (GA) Richardson Young (AK) have voted ‘‘aye’’ on rollcall votes 296, 298, their hard work and entrepreneurial Lipinski Rodriguez Young (FL) and 299, I would have voted ‘‘nay’’ on rollcall spirit. NAYS—134 votes 295, 297, and 300. f Aderholt Coble Jenkins f Akin Coffman (CO) Johnson (IL) Alexander Cole Jordan (OH) AMERICAN ENERGY INNOVATION Austria Crenshaw King (IA) RESIGNATION AS MEMBER OF Bachmann Culberson King (NY) COMMITTEE ON ARMED SERVICES ACT Bachus Davis (KY) Kingston (Ms. JENKINS asked and was given Bartlett Deal (GA) Kirk The SPEAKER pro tempore laid be- Barton (TX) Diaz-Balart, M. Lamborn fore the House the following resigna- permission to address the House for 1 Bilbray Dreier Lance tion as a member of the Committee on minute and to revise and extend her re- Bilirakis Duncan Latta marks.) Bishop (UT) Fallin Lee (NY) Armed Services: Blackburn Flake Lewis (CA) CONGRESS OF THE UNITED STATES, Ms. JENKINS. Summer travel season Boehner Fleming Linder HOUSE OF REPRESENTATIVES, is here and prices at the pump are Bono Mack Fortenberry Lucas Washington, DC, June 3, 2009. climbing. Rather than pursuing poli- Boozman Foxx Luetkemeyer Hon. NANCY PELOSI, cies that will help Americans who are Boustany Franks (AZ) Lummis Brady (TX) Frelinghuysen Lungren, Daniel Speaker of the House, House of Representatives, already struggling, as well as reduce Brown (SC) Gallegly E. Washington, DC. our dependence on foreign energy, Brown-Waite, Garrett (NJ) Mack DEAR SPEAKER PELOSI: Given my nomina- some in this body are leading us down Ginny Gingrey (GA) Manzullo tion by the President as Secretary of the Buchanan Granger Marchant Army, this letter serves as my intent to re- a very different path. Burgess Graves McCarthy (CA) sign from the Committee on Armed Services, This Congress’ decision to embark on Burton (IN) Guthrie McCaul effective today. a journey toward a future where cap- Calvert Harper McClintock Camp Heller McCotter Sincerely, and-trade taxes every man, woman, Campbell Hensarling McHenry JOHN M. MCHUGH, and child who dares to flip on a light Cantor Herger McHugh Member of Congress. switch or drive to the grocery store is Cao Hoekstra McKeon The SPEAKER pro tempore. Without the wrong approach. There’s no doubt Capito Hunter McMorris Carter Inglis Rodgers objection, the resignation is accepted. we can take better care of our environ- Chaffetz Issa Mica There was no objection. ment, and I’m convinced that with an

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.047 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6126 CONGRESSIONAL RECORD — HOUSE June 3, 2009 all-of-the-above approach taken in the country’s needs is at least 10 years House for 1 minute and to revise and American Energy Innovation Act, we away. extend his remarks.) can produce clean alternative energy The immediate solution right in Mr. MORAN of Virginia. Mr. Speak- without breaking the bank of Amer- front of us is expanding our own oil and er, just before we went into the last re- ican families. gas production while we develop these cess, we passed much-needed, overdue Why do I think that? Because to ad- new technologies. That will create legislation relating to credit card dress our energy demand we need look jobs, keep money in America, and abuse. That was a good, responsible no further than Kansas. make us less dependent on foreign oil. thing to do. But in the process of doing From the nuclear plant in Bur- But that logic is lost in the hazy polit- that, this Congress did something that lington, wind farms in Pottawatomie ical climate of Washington. was grossly irresponsible. We passed County, biodiesel produced from crops And that’s just the way it is. legislation enabling anyone who wants grown in Kansas, we do it all there. All f to to bring a loaded, concealed firearm onto national parks, so that the hun- we ask is to be allowed to do it. THINK ABOUT THIS f dreds of thousands of American fami- (Mr. KUCINICH asked and was given lies who would like to enjoy our parks POLAND AND THE VISA WAIVER permission to address the House for 1 safe in the knowledge that their fami- PROGRAM minute.) lies are secure from the threat of wan- (Mr. QUIGLEY asked and was given Mr. KUCINICH. America’s manufac- ton violence can no longer have that permission to address the House for 1 turing base is being decimated, but it’s sense of security. minute.) not only happening because of eco- A particularly egregious case in Mr. QUIGLEY. Mr. Speaker, Poland nomic trends in our country. point is the Wolf Trap Center for the has proven to be an indispensable ally Yes, our gross domestic product has Performing Arts, a national treasure. in the global campaign against ter- fallen off. Yes, we have a massive trade Any number of performing artists are rorism. Poland demonstrated its com- deficit. But this week when GM filed now informing Wolf Trap that they do mitment to global security by becom- for bankruptcy—GM was pushed into not want to go to Wolf Trap because ing a member of the North Atlantic bankruptcy, and when they were their lives are endangered by this legis- Treaty Organization and has been a pushed into bankruptcy, we also lost 14 lation. staunch ally to the United States dur- manufacturing plants, 21,000 jobs, and It’s time to fix this legislation, pro- ing Operation Iraqi Freedom. 2,400 dealerships are going to be closed. vide for the security of the American Poland has been a valuable member Think about this. If we take away people, and not the profit of the Na- state of the European Union, joining this manufacturing infrastructure of tional Rifle Association. several other member states like manufacturing and dealerships and f suppliers, what happens when our econ- France and Germany that take advan- IN RECOGNITION OF JOHN MCHUGH tage of the visa waiver program. Po- omy comes back? We will have perma- (Mr. WILSON of South Carolina land unilaterally repealed a visa re- nently altered our ability to produce asked and was given permission to ad- quirement for United States citizens cars in this country. I want the Members of Congress to dress the House for 1 minute and to re- traveling to Poland. consider this when you think about vise and extend his remarks.) I strongly believe that the United this administration’s auto task force. Mr. WILSON of South Carolina. Mr. States should extend the visa waiver It hasn’t gone the right way for the Speaker, I rise today to recognize our program, with its enhanced program American worker, it’s not going the friend and colleague, JOHN MCHUGH, security requirement, and extend visa- right way for American manufacturing, who was nominated by President free privileges to Poland, a country and it’s not going the right way for the Obama to be the next Secretary of the that has proven its steadfast dedica- American economy. Army. tion to the cause of freedom and friend- I have had the pleasure to work with f ship with the United States. JOHN on a number of different issues Poland has done much for the United ENERGY SHELL GAME pertaining to our military and their States. Now it is our time to repay this (Mr. SHIMKUS asked and was given families. I have always been grateful great country. permission to address the House for 1 for his leadership on the House Armed f minute and to revise and extend his re- Services Committee and, in particular, HAZY POLITICAL CLIMATE marks.) his role as the ranking member on the Mr. SHIMKUS. The national energy committee promoting military per- (Mr. POE of Texas asked and was tax has moved its way out of the En- sonnel. given permission to address the House ergy and Commerce Committee. It’s JOHN brings a lifetime of military for 1 minute.) called the cap-and-trade, and what it knowledge and experience which will Mr. POE of Texas. Mr. Speaker, the means is everyone pays more for the serve him, our soldiers, and our Nation State of Texas is caught in the cross- use of fossil fuels. well. He is committed fully to our serv- hairs of a green movement hostile and This is what happened in Illinois icemembers, and he understands how detrimental to our energy industries. when we passed the last Clean Air Act particularly vital the families of our Texas produces 1 million barrels of oil amendments; 14,000 miners lost their military are to ensuring a strong na- every day, or 20 percent of the U.S. pro- jobs. In the State of Ohio, 35,000 miners tional defense. duction. We’re also home to refineries lost their jobs. I know JOHN will be passionate as an that produce one-quarter of the coun- What is the solution? An all-of-the- advocate for our military families as try’s gasoline and also produce oil by- above energy policy that talks about Secretary of the Army, as he has been products for plastics. the Outer Continental Shelf, brings on in Congress for the last 16 years. I saw The new cap-and-trade tax will de- energy from coal, does renewable coal, firsthand his appreciation of our troops stroy thousands of Texas jobs, and the does renewable wind and solar and re- when he toured Fort Jackson, South Congressional Budget Office says that newable fuels like ethanol and bio- Carolina, last year. the tax on energy won’t even help the diesel. We can produce the energy In conclusion, God bless our troops, climate. No matter, the taxacrats in needs for this country right here in and we will never forget September Washington want to punish red energy this country. 11th. State voters by nailing them with the The national energy tax, this cap- f new disastrous tax on energy consump- and-trade shell game, will not do it. It MEDIA IGNORE NEGATIVE tion. will only destroy this country. STORIES ABOUT SOTOMAYOR In the name of saving planet Earth, f the government barons are trying to (Mr. SMITH of Texas asked and was push us to so-called ‘‘green’’ energy GUNS IN NATIONAL PARKS given permission to address the House sources that don’t even exist yet. (Mr. MORAN of Virginia asked and for 1 minute and to revise and extend Green energy that will support this was given permission to address the his remarks.)

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.099 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6127 Mr. SMITH of Texas. Mr. Speaker, tleman from Texas (Mr. POE) is recog- flag it was raised on Mt. Suribachi on the national media have conspicuously nized for 5 minutes. Iwo Jima Island in 1945. You see, sev- ignored two recent stories about Judge Mr. POE of Texas. Mr. Speaker, re- eral days later, Judge Chris Cole had a Sotomayor. The Washington Times re- cently, in Texas, we actually had a Japanese hand grenade explode near ported last week that three out of five woman ordered to remove her Amer- him, and he permanently lost the sight majority decisions written by Judge ican flag from her work space. Debbie in both eyes. He never saw Old Glory Sotomayor and reviewed by the United McLucas works at Kindred Hospital in again. States Supreme Court have been over- Mansfield, Texas. She comes from a In the flag trial, the defendant was turned. That’s a 60 percent overturn very patriotic family. Her husband and convicted by the jury because they rate. both of her sons served in the United thought, as Judge Cole testified, that In another story, the Washington States military. Her daughter is a com- the flag holds special significance to Times reported on findings of the Al- bat medic and is currently deployed on Americans; but the law was declared manac of the Federal Judiciary. It re- her second tour of duty in Iraq. unconstitutional by the Supreme vealed that out of 21 judges reviewed, When Debbie arrived at work the Fri- Court. Judge Sotomayor was the only one who day before Memorial Day, her Amer- There are a lot of Americans, espe- received decidedly negative comments ican flag was gone from her hospital cially those who serve in the military, about her demeanor on the bench. work space. She had displayed it in who hold the view that the flag rep- Not surprisingly, there’s been no honor of Memorial Day and in honor of resents everything that is good and mention of the questions raised about our troops. Debbie was met by her su- right about our Nation and that it is the judge’s qualifications in any major pervisor and was told that there had their right to display the flag. newspaper or on any network TV news been complaints about the American Mr. Speaker, the flag is displayed program. flag. An immigrant coworker had com- here on the wall behind me. Each Supreme Court nominees should face plained that the American flag was of- morning, Members of Congress pledge scrutiny from the national media if fensive, so the flag was taken down by allegiance to the flag as do school- they’re doing their job. Americans need management. Debbie found her flag children across the vast plains of the national media to set aside their wrapped around the pole and laying on America. Obviously, Debbie McLucas is bias and report the facts about Judge the floor in the corner of her super- another one of those Americans who Sotomayor. visor’s office. respects the values that the flag rep- resents, and she wishes to proudly dis- f Debbie McLucas said in an interview that one of her colleagues who had mi- play it. Debbie McLucas should be CONFIDENTIAL DOCUMENT MADE grated to the United States from Afri- praised for exercising her constitu- PUBLIC ca 14 years ago had complained to the tional right of freedom of speech by (Mr. BURTON of Indiana asked and supervisor. Debbie was then told by displaying America’s flag. So, in her honor and to honor her was given permission to address the management that it only took one military family, I have requested that House for 1 minute and to revise and complaint, and the so-called ‘‘offen- an American flag be flown over the extend his remarks.) sive’’ flag had to come down imme- United States Capitol on Saturday, Mr. BURTON of Indiana. Mr. Speak- diately. Debbie told her supervisor that June 6, on the 65th anniversary of the er, it was reported today in the New she was offended that somebody re- D-day landing of Normandy during York Times that the Federal Govern- moved the flag. She said she could not World War II. The flag will be sent to ment mistakenly made public a 266- fathom that anyone in America would page report marked ‘‘highly confiden- this American lady in appreciation of find the American flag objectionable. her patriotic spirit, of her loyalty to tial,’’ and it gives detailed information As soon as this episode hit the news American warriors and to the Amer- about hundreds of the Nation’s civilian wires, there was outrage from sea to nuclear sites and programs, including ican flag. May she display it proudly. shining sea and rightfully so. After all, And that’s just the way it is. maps that show the precise locations of Debbie’s freedom of speech to display stockpiles of fuel for nuclear weapons. the flag was stolen by the hospital f Can you believe that? A confidential elites because one person whined and IT IS TIME FOR SMART POWER document that is supposed to be kept griped. Let me tell you about how some The SPEAKER pro tempore. Under a secret was publicized, and every ter- Americans appreciate the flag as previous order of the House, the gentle- rorist in the world now knows exactly Debbie McLucas does. woman from California (Ms. WOOLSEY) where our nuclear supplies are stored Several years ago during the Viet- is recognized for 5 minutes. and maps showing where, in detail, nam War, a university student in Hous- Ms. WOOLSEY. Mr. Speaker, every- these nuclear supplies are stored. ton, Texas, had desecrated the Amer- one here in the House of Representa- Now, hopefully, they’re very secure ican flag. He was charged under Texas tives knows that I’ve been a critic of and there’s a lot of guards around there law with the felony of flag desecration. our Nation’s long occupation of Iraq. to protect us. But I think it’s tragic That was before the Supreme Court Our strategy there has relied almost that top secret information, highly gave peaceniks the right to burn the exclusively on military power, which is classified information, is being made flag, saying it was free speech. Any- what got us into this quagmire that we public at a time when we’re fighting a way, two young prosecutors—Vic still can’t escape. Now I fear we’re war against terrorism. Pecorino and Andy Horn, a recent re- making the very same mistake in Af- It makes absolutely no sense. And turning Vietnam veteran—had to prove ghanistan and Pakistan because over 90 those who are responsible for making to the jury that the flag was, in legal percent of the supplemental budget for this public should be held accountable. terms, a venerated object, or one that Afghanistan and Pakistan, which the f deserves special treatment. House passed just a few weeks ago and After proving the case, except for b 1645 which I opposed, goes strictly toward this one requirement, the State called military purposes, and less than 10 per- SPECIAL ORDERS Chris Cole, a judge, to prove that the cent goes toward the building of our The SPEAKER pro tempore (Mr. flag had to be treated in a respectful smart power in that region. DRIEHAUS). Under the Speaker’s an- manner. He came in to testify, accom- ‘‘Smart power’’ means investing in nounced policy of January 6, 2009, and panied by his seeing eye dog. Judge humanitarian assistance, in economic under a previous order of the House, Cole was a marine in World War II. He development, in reconciliation, and in the following Members will be recog- was involved in the bloody island hop- reconstruction. It means helping the nized for 5 minutes each. ping of the South Pacific. During the Afghan people to improve their trans- f flag trial, he was asked by the prosecu- portation, their health care, their edu- tors when the last time was he saw the cation, and their agricultural systems. LOSING SIGHT OF OLD GLORY U.S. flag. It means investing in their judiciary The SPEAKER pro tempore. Under a He paused, and with a tearful re- and law enforcement systems to ex- previous order of the House, the gen- sponse, he said, The last time I saw the pand the rule of law. It means creating

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.100 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6128 CONGRESSIONAL RECORD — HOUSE June 3, 2009 jobs, building up local capacity and im- Mr. JONES. Mr. Speaker, I rise today ask God to please bless our men and proving the lives of women and girls, to congratulate Tanya Queiro, who was women in uniform. I ask God to please and it means strengthening our diplo- named the 2009 Military Spouse of the bless the families of our men and matic operations in the region. Year. women in uniform, and I ask God, in All of these efforts are desperately The honor is presented by USAA to his loving arms, to hold the families needed to shore up the fragile govern- an individual who embodies the best who have given a child dying for free- ments in Afghanistan and Pakistan. qualities of today’s military spouse. dom in Afghanistan and Iraq, and I ask They’re desperately needed because we USAA is a diversified financial services God three times: Please God, please must offer the people a better life. We group of companies that serves the God, please God, continue to bless must give the people of Afghanistan members of the United States military America. real hope for a better future because and their families. The award honors f that is the best way to defeat the the sacrifices and selfless service of the Taliban, and it is the best way to bring more than 1 million military spouses b 1700 peace and stability to the region. We who provide unwavering support to our The SPEAKER pro tempore. Under a will never be able to do that if we nick- Armed Services today and to those who previous order of the House, the gentle- el and dime smart power. have served in previous generations. woman from Ohio (Ms. KAPTUR) is rec- Even our own counterinsurgency Tanya Queiro was chosen from more ognized for 5 minutes. strategy recognizes this. It calls for an than 650 nominations submitted to (Ms. KAPTUR addressed the House. 80–20 ratio. That means 80 percent of ‘‘Military Spouse’’ magazine. The cri- Her remarks will appear hereafter in our funds being spent on the smart in- teria used to select the winner include the Extensions of Remarks.) vestment that I just mentioned with 20 one’s impact on community change, f one’s volunteerism, personal sacrifice, percent going to purely military spend- FREEDOMS AND QUALITY OF LIFE education, career pursuits, and other ing. Currently, we’ve got a 90–10 split ARE BEING THREATENED RIGHT spouse-related efforts. During an going the opposite way. We’re actually HERE AT HOME ignoring our own best strategy. awards ceremony in Washington, D.C., On this subject, I would like to call Mrs. Queiro was honored for her com- The SPEAKER pro tempore. Under a the House’s attention to remarks that mitment to the troops, for the ongoing previous order of the House, the gen- were recently made by Ambassador support of her active duty husband, tleman from Indiana (Mr. BURTON) is Akbar Ahmed, the former High Com- Gunnery Sergeant Jose Queiro, for her recognized for 5 minutes. missioner of Pakistan to Great Britain. volunteer work, and for the many con- Mr. BURTON of Indiana. Mr. Speak- He spoke about Pakistan’s Federally tributions to her community. er, the freedoms and the quality of life Administered Tribal Areas, the very Mrs. Queiro, herself, served as an ac- of Americans is being threatened right explosive area on the border between tive duty marine for more than 12 here at home not necessarily just by Pakistan and Afghanistan. years. It was during this time that she those outside the country but here at Referring to the tribes there, he said, met and married her husband, that she home. And I want to tell you why to- ‘‘A successful strategy to deal with began raising her three children and night. We’re talking about a socialized them is not to take them head on— that she began earning her bachelor’s approach to medicine called national sending in troops, throwing grenades degree and also her master’s degree. health care that’s going to cost billions and missiles or sending in tanks.’’ Now, in addition to raising her chil- and billions and probably trillions of Instead, he said that we should be dren—Jose, Marcus and Adrianna—and dollars. It will take away from people working to win the hearts and minds of managing the house while her husband their right to pick their own doctor in the tribal members, of those who have deploys, she works full time as a many cases; and it will cause the ra- a great sense of pride and dignity. He human resources specialist and is pur- tioning of health care, which will put said, if America did that, there would suing a doctorate degree in organiza- people, particularly seniors, at the be ‘‘resistance to the Taliban, not from tion and management. back of the line when it comes to very 30,000 feet in the sky but right here on Mrs. Queiro has also managed to find important things that have to be done the ground.’’ the time to be extremely active in her to them to keep them alive and He also said, ‘‘The one thing every community. She is a USDA New Leader healthy. It’s going to cost trillions of Pakistani wants for his kids is edu- Program graduate, an active Civilian dollars; and in the budget that we cation.’’ If America helped to improve Career Leadership Development partic- passed earlier, this last month, they education in that country, he said that ipant and mentor, an American Mili- put $635 billion in there as a down pay- we could turn things around in a few tary University Career mentor, and an ment, the first tranche, on socialized years and that America’s greatest en- Operation Noble Heart volunteer. She medicine which will take away a lot of emies will become America’s allies. has volunteered as a Life Style, In- the freedoms that people have in choos- Mr. Speaker, the American people sight, Networking, Knowledge, and ing their own doctor and getting quali- want a strategy for Afghanistan and Skills mentor, Onslow County Women’s fied health care. Pakistan, a strategy that will protect Shelter Victim Advocate, and Key Vol- The second thing that is being the lives of our troops, that will unteer. As a lifetime member of the threatened is the control of our finan- strengthen our national security and Women’s Marine Association, Mrs. cial institutions. We passed a TARP that will help the people of that region Queiro is dedicated to cementing the bill that bailed out a lot of Wall Street to lead better lives. I’ve recommended bond and comradery shared by those companies and banks. And because of a plan to accomplish this. It’s House who have gone through the training to that, a lot of those financial institu- Resolution 363, the SMART Security become United States Marines. tions are now directly or indirectly Platform for the 21st Century. I’m hop- Mr. Speaker, I had the pleasure of controlled by the Federal Government. ing every Member of the House reads it meeting Mrs. Queiro last week in my I don’t think the American people want and remembers that smart power is not district office in Greenville, North that. They don’t want socialism in this soft power. It’s the real power, the Carolina. She is a resident of Jackson- country. They don’t want a govern- power we need to keep America safe ville, North Carolina, which is part of ment-controlled economy or financial and to make our world peaceful. my congressional district. Her out- institutions. f standing record of achievement and of So we have national health care that continued commitment to her husband, is going to be controlled by the govern- CONGRATULATING THE 2009 MILI- to her children, to the United States ment. They don’t do a very good job of TARY SPOUSE OF THE YEAR: Marine Corps family, and to her com- controlling other things in this coun- TANYA QUEIRO munity are truly inspiring. Once again, try, as many of us know, but national The SPEAKER pro tempore. Under a I extend my sincere congratulations to health care and now financial institu- previous order of the House, the gen- Mrs. Queiro for a well-deserved honor. tions. And then next we have the auto- tleman from North Carolina (Mr. Mr. Speaker, before closing, as I do mobile industry. The government just JONES) is recognized for 5 minutes. frequently on the floor of the House, I acquired 61 percent of the control of

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.102 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6129 General Motors, which we should be the world that are competitors of ours. I hope my friends across this country calling I guess now Government Motors So they won’t have to pay for those and my colleagues are paying attention or Obama Motors because it is, in ef- costs that the American people are because this government is turning fect, controlled by the government going to have to pay for, that Amer- very rapidly toward a controlled econ- even though the President said that he ican industry is going to have to pay omy which is called socialism, and really didn’t want to control the auto for. So those jobs will be going over- that’s anathema to this country and industry. In fact, that’s what’s being seas, millions of them, because we’re should be anathema to every single done. loading on the backs of individuals and American. Finally, we’re talking about the en- American industry additional taxes f ergy section of our economy. We have a and expenses that our competitors bill that’s come out of committee around the world will not have to pay. REVISIONS TO ALLOCATION FOR that’s going to be on the floor before So when they make a car, a truck or a HOUSE COMMITTEE ON APPRO- too long called cap-and-trade. It’s refrigerator, they’ll be able to do it PRIATIONS going to cost every single family in with less expense because they don’t America between $3,000 to $4,000 in ad- The SPEAKER pro tempore. Under a have to live up to the same environ- previous order of the House, the gen- ditional expenditures for electricity, mental standards that we do. additional taxes on gasoline that’s tleman from South Carolina (Mr. passed on to them and other forms of This is a very difficult time for SPRATT) is recognized for 5 minutes. America. We’re losing jobs. We see peo- Mr. SPRATT. Madam Speaker, under sec- energy because of CO2 emissions. Now we have a terribly difficult economy ple suffering all across this country. tion 422(c) of S. Con. Res. 13, the concurrent right now. Can you imagine the aver- But I’m concerned not only about resolution on the budget for fiscal year 2010, age family, having to load on their today, but I’m concerned about tomor- I hereby submit a revision to the budget ag- backs an additional $3,000 to $4,000 in row. We don’t want to see this govern- gregates and allocations for the Committee on expenses for energy every time you mental structure that we hold so dear Appropriations for fiscal year 2010. A table is turn on a light switch or anything else? and the freedoms we hold so dear go attached. But that’s a fact. It’s going to happen right out the window, and that’s what’s This revision represents an adjustment for if that bill becomes law. happening today right before our very the purposes of sections 311 and 302 of the In addition to that, we’re going to eyes. We see the government taking Congressional Budget Act of 1974, as amend- lose millions of jobs because China has over the health care industry, the fi- ed. For the purposes of the Congressional already said they would not comply nancial institutions, the automobile Budget Act of 1974, as amended, this revised with the same environmental stand- industry; and now they’re going to try allocation is to be considered as an allocation ards we’re talking about and neither to take over the energy industry as included in the budget resolution, pursuant to would India or many other countries in well. section 427(b) of S. Con. Res. 13. BUDGET AGGREGATES [(On-budget amounts, in millions of dollars]

Fiscal Fiscal year— Fiscal year— years—— 2009 2010 2010–2014

Current Aggregates: 12 Budget Authority ...... 3,668,777 2,878,341 3 Outlays ...... 3,354,482 2,995,863 3 Revenues ...... 1,532,571 1,653,682 10,499,809 Change for CBO repricing of President’s request (Section 422(c) of S. Con. Res. 13): Budget Authority ...... 0 3,766 3 Outlays ...... 0 2,355 3 Revenues ...... 0 0 0 Revised Aggregates: Budget Authority ...... 3,668,777 2,882,107 3 Outlays ...... 3,354,482 2,998,218 3 Revenues ...... 1,532,571 1,653,682 10,499,809 1 Current aggregates do not include the disaster allowance assumed in the budget resolution, which if needed will be excluded from current level with an emergency designation (section 423(b)). 2 Current aggregates exclude the allocation adjustment made for the House-passed Supplemental Appropriations bill. Final action on the supplemental may change the adjustment. 3 Not applicable because annual appropriations Acts for fiscal years 2011 through 2014 will not be considered until future sessions of Congress. DISCRETIONARY APPROPRIATIONS—APPROPRIATIONS quently responded by saying that he corporate elites. We promote artifi- COMMITTEE 302(a) ALLOCATION wasn’t interested in the cause of the cially low interest rates which elimi- [In millions of dollars] problems, only what we should do now nates information that only the mar- to correct it. This is a typical attitude ket can provide. Steadily sacrificing BA OT in Washington, but we cannot expect economic and personal liberty is ac- Current allocation: 1 correct policies to be implemented if cepted as good policy. Socializing Fiscal Year 2009 ...... 1,391,471 1,220,843 Fiscal year 2010 ...... 1,082,540 1,269,745 we don’t understand the cause of the American industry offers little hope Change for CBO repricing of President’s re- crisis. Instead, we have pursued all the that prosperity will soon return. quest (Section 422(c) of S. Con. Res. 13): Fiscal Year 2009 ...... 0 0 wrong policies. Let me list a few mis- Inflating the money supply over 100 Fiscal Year 2010 ...... 3,766 2,355 takes we have made. percent in less than a year is no way to Revised allocation: Fiscal Year 2009 ...... 1,391,471 1,220,843 We have failed to recognize the true restore confidence to a failing financial Fiscal Year 2010 ...... 1,086,306 1,272,100 cause of the crisis. Instead, free mar- system. Expect huge price increases in 1 Excludes the allocation adjustment made for the House-passed Supple- kets and not enough regulations and the future. mental Appropriations bill. An adjustment will be made at the next stage of action. central economic planning have been We have set the stage for further ex- blamed. panding the money supply many folds f We continue to listen to and give too over through fractional reserve bank- MISTAKES: JUST A FEW! much credibility to the very people ing. The SPEAKER pro tempore. Under a who caused the crisis and failed to pre- We deliberately liquidate debt, espe- previous order of the House, the gen- dict the onset. cially government debt, by debasing tleman from Texas (Mr. PAUL) is recog- A massive single-year debt increase the currency. We refuse to accept the nized for 5 minutes. of $2 trillion and a $9 trillion stimulus fact that the debt cannot be paid, and Mr. PAUL. Mr. Speaker, in the last by Congress and the Federal Reserve future obligations are incomprehen- few years in interviews on the econ- verges on madness. sible with revenues crashing and unpre- omy, I’ve been asked what I would do if This has entailed taxpayers being dictable while expenditures are put on I were in charge. In answering the forced to buy worthless assets, prop- auto pilot with no new request being question, I usually started with ex- ping up malinvestments, not allowing denied. plaining the errors we made that gave the liquidation of bad debt, bailing out There’s an attitude that the deficit us the crisis. The interviewer fre- privileged banking, Wall Street and and inflation can be dealt with later

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.104 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6130 CONGRESSIONAL RECORD — HOUSE June 3, 2009 on, yet tomorrow will be here sooner Mr. WOLF. Mr. Speaker, on Thurs- captured on foreign battlefields fight- than later. day, May 21, the President delivered a ing American forces. Plans are being laid for a super regu- speech at the National Archives on the b 1715 lator, even if it takes a worldwide gov- closing of the detention center at ernment organization like the IMF to Guantanamo Bay and other national What does this say about the threat impose it. security matters, yet today we have no from the medium and high-security Promising the IMF $100 billion when more additional information about his risk detainees still being held? What we can’t even take care of our own peo- plans to close Guantanamo Bay than does it say when FBI Director Mueller ple’s medical needs is obviously absurd. we did before. We still don’t have any tells Congress that he shares our con- Plans are laid to massively increase answers on which detainees he’s plan- cerns about transferring detainees to taxes, especially with the carbon tax, ning to transfer to the United States, U.S. prisons? During a recent hearing, that when tried in other countries where they will be tried or how the ad- Director Mueller stated that detainees didn’t work and had many unintended ministration intends to protect the could support terrorism, even consequences. American people. We still don’t have radicalize other inmates in high-secu- A national sales tax, now being any information on his plans to release rity prisons, if sent to the United planned, sends bad signals to investors, into our communities trained Uyghur States. consumers and workers. terrorists, and that is unacceptable. Other press reports indicate that offi- The deeply flawed neoconservative As I have said on numerous occa- cials within the Department of Home- foreign policy of expanding our mili- sions, this issue isn’t about closing land Security also opposed releasing tarism in the Middle East and Central Guantanamo Bay. My concern is that detainees in the U.S. Asia continues. the order was given before a com- Aside from the Uyghur detainees, There’s no end in sight for secret prehensive plan was in place which suf- many other detainees at Guantanamo prisons, special courts, ignoring the ficiently addressed national security Bay who may be moved to the U.S. for right of habeas corpus, no penalties for concerns. I have sent three letters to trial are self-admitted members of ter- carrying out illegal torture and a new Eric Holder since March asking specific rorist groups that actively try to break system of preventive detention. We questions about the disposition of the out of prisons. continue to protect the concepts of detainees. I still have not received a re- Eric Holder would have you believe state secrets and Presidential signing sponse. that detainees would be sent directly statements. We are enlarging Bagram Last week, Military Families United, from Guantanamo Bay to a super max- prison in Afghanistan, and there’s no an organization representing America’s imum prison. In fact, detainees trans- cessation of the senseless war on drugs. Gold and Blue Star families, announced ferred for trial in civilian courts would Indeed, as former Vice President its opposition to the release of the have to be held in a facility near that Dick Cheney has said, we’re in greater Uyghurs. Rather than work with Con- venue and would only possibly be danger today than under the Bush ad- gress, Eric Holder is preventing career transferred to a super maximum prison ministration; but it’s not because we’re officials with the FBI, CIA, the Depart- if convicted. These are local jails simi- not following the Cheney-Bush foreign ment of Homeland Security and other lar to the lower-security Alexandria policy of preventive war, but rather be- agencies from briefing Members of Con- jail that held Zacharias Moussaoui dur- cause we are. The Bush doctrine on war gress on plans to relocate detainees ing the 4 years he was on trial. is still in place, and the economic fail- once Guantanamo Bay is closed. Such a move could mean Khalid ures of the previous administration are The Germans, who had tentatively Sheikh Mohammed, the mastermind of being continued and expanded. agreed to accept the Uyghur detainees, the 9/11 attacks and the man who bru- The policies required to provide a so- have complained that the administra- tally beheaded Wall Street Journal re- lution to this catastrophic crisis we tion won’t share enough information porter Daniel Pearl, could be held in face are available. We must apply a with them for an independent assess- Alexandria for 6 or 7 years. Above all, precise philosophy of liberty along ment of the detainees’ security risk. I’m concerned that the presence of with respect for private property own- According to The Washington Post, these high-profile detainees could pos- ership, free markets, voluntary con- ‘‘More trouble emerged when Wash- sibly cause major problems for the tracts enforced by law and free minds. ington stipulated that the Uyghurs communities. Also required is the adoption of a would be barred from traveling to the In closing, Mr. Speaker, I believe commonsense foreign policy that re- United States.’’ that any trials or military commis- quires us to stay out of the internal af- What is Eric Holder hiding from the sions should be held on military bases fairs of other nations. American people and our allies? The far away from the civilian population Pretending that politicians, central administration has a moral obligation centers. I would hope that Eric Holder bankers and regulators have the to provide information to the Amer- is taking these concerns into account, knowledge to centrally plan the econ- ican people on any detainee they plan but he has continued to deny Members omy and police the world only makes to try or to release in the U.S. of Congress access to this information. things worse. Realizing this provides Last week, Newsweek magazine re- f ported that the Attorney General the necessary first step to salvage our ON SEAN GOLDMAN: JUSTICE economy and liberty. planned to secretly fly the Uyghur de- tainees from Guantanamo Bay and re- DELAYED AGAIN f lease them in Northern Virginia—with- The SPEAKER pro tempore (Mr. PE- The SPEAKER pro tempore. Under a out telling the American people or tell- TERS). Under a previous order of the previous order of the House, the gentle- ing the Congress. Those Uyghur detain- House, the gentleman from New Jersey woman from Michigan (Mrs. MILLER) is ees are part of the Eastern Turkistan (Mr. SMITH) is recognized for 5 minutes. recognized for 5 minutes. Islamic Movement, led by Abdul Haq Mr. SMITH of New Jersey. Mr. (Mrs. MILLER of Michigan addressed who sits on the governing council of al Speaker, child abduction is a serious the House. Her remarks will appear Qaeda. The Obama Treasury Depart- crime that no legitimate government hereafter in the Extensions of Re- ment designated Haq as an al Qaeda or self-respecting judicial body any- marks.) leader last month; and yet Eric Holder where on Earth should ever coun- f says, Well, we’re still going to release tenance, support or enable by either di- them. Regardless of whether or not rect complicity or incompetence. But THE RELEASE OF UYGHUR DE- they have vowed to attack Americans, the denial of fundamental justice in TAINEES FROM GUANTANAMO a trained terrorist is a terrorist. the kidnapping of an American child is BAY Their release is particularly trou- exactly what has happened, and is hap- The SPEAKER pro tempore. Under a bling given the recent New York Times pening, in Brazil today. previous order of the House, the gen- article, indicating that one out of The tragic kidnapping case of Sean tleman from Virginia (Mr. WOLF) is every seven low-security prisoners re- Goldman, pictured here with his dad, recognized for 5 minutes. leased from Guantanamo Bay were re- David, now in its almost fifth year,

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.105 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6131 raises serious and troubling questions home. The Brazilian Government must weather would play a critical factor in concerning the Lula administration’s more fully understand that these reck- the success of D-day and the safety of commitment to honoring its clearly less legal maneuverings which have no hundreds of thousands of troops. Under defined international obligations. finality or compassion or justice and the full weight of these consequences, Mr. Speaker, why has Brazilian bring dishonor on the Brazilian Gov- he elected to delay the massive under- President Lula’s government so com- ernment. How long will President Lula taking by one day due to weather con- prehensively failed to honor and re- allow this disgraceful charade to con- cerns. Faced with only marginally bet- spect international law, namely the tinue? ter weather forecast the next day, June Hague Convention on the Civil Aspects Let me be clear on this, Mr. Speaker. 6, 1944, he ordered the commencement of International Child Abduction, Our argument isn’t with the Brazilian of the operation and took sole responsi- which it freely, and without reserva- people, for whom I have deep affection bility for this critical decision, a tion, signed and ratified, to expedi- and admiration, as do my colleagues in choice that ultimately determined the tiously return a kidnapped child to the this Chamber. Many Brazilians have outcome of the war. left-behind parent in the country of ha- supported David Goldman’s quest for General Eisenhower’s words to his bitual residence? justice against two wealthy and politi- troops on D-day are inscribed at the David Goldman’s 9-year-old son, cally powerful families that brazenly national World War II Memorial. He is Sean, was abducted by his now-de- abuse their connections and exercise quoted, ‘‘You are about to embark on ceased mother almost 5 years ago. For grossly undue influence over certain the Great Crusade, toward which we 5 long years, David, his dad, has sought parts of the Brazilian judiciary. have striven for many months. The relief in the Brazilian courts. And with The Lula Government has failed to eyes of the world are upon you. I have the aid of an extraordinarily talented honor its commitments under inter- full faith in your confidence, in your legal team and a group of dedicated national law. And because of that, a courage, devotion to duty and skill in loved ones at home, friends and neigh- son has been deprived of his father, and battle. We will accept nothing less bors, David Goldman has left no stone a father has been deprived of his son. than full victory.’’ unturned in trying to get his son back. That is unconscionable. No one understood the historical Because of the Lula Government’s f enormity of D-day more than General complicity and/or incompetence, how- Eisenhower. His sense of responsibility THE 65TH ANNIVERSARY OF ever, David Goldman has been frus- was profound. Following the successful OPERATION OVERLORD trated at every turn. landing at Normandy, one of Eisen- Justice was delayed again, thus de- The SPEAKER pro tempore. Under a hower’s aides discovered a note that nied again, earlier today when a clear, previous order of the House, the gen- Eisenhower had scribbled before the in- unambiguous order to return Sean to tleman from Kansas (Mr. MORAN) is vasion. It read, ‘‘Our landings in the his dad and to the United States was recognized for 5 minutes. area have failed to gain a satisfactory frustrated by yet another legal filing. Mr. MORAN of Kansas. Mr. Speaker, foothold, and I have withdrawn the At its core, Mr. Speaker, it is utterly this Saturday, June 6, 2009 marks the troops. My decision to attack at this outrageous that Lins e Silva, a well- 65th anniversary of D-day. time and place was based upon the best connected lawyer, who is not Sean’s fa- Sixty-five years ago, 150,000 Allied information available. The troops, the ther, continues to hold Sean. By ab- soldiers, many of them just teenagers, air, and the Navy did all that bravery ducting a boy that is not his son, Lins braved tumbling seas, inclement and devotion could do. If any blame or e Silva commits what is among the weather, waves of machinegun fire and fault attaches to the attempt it is mine most cruel, unethical and brazen acts millions of land mines to take a alone.’’ of continuing illegality imaginable. stretch of beach at a place called Nor- In these current times of great na- Even Brazilian court-appointed psychi- mandy. The bravery and sacrifice of tional challenges, we need leaders who atrists have said that with each pass- these young men began the Allied ef- possess the same sense of responsi- ing day, Sean is being harmed by his fort to liberate Europe from Nazi occu- bility. continued abduction. pation during World War II. D-day sig- I’m honored to serve as a Commis- This week, Mr. Speaker, all of us in- naled the beginning of the end for the sioner on the Dwight D. Eisenhower volved in the case were cautiously opti- brutal fascist regime bent on global Memorial Commission. The Commis- mistic about a positive ruling by a Bra- domination, and the return of hope to sion was established by Congress in zilian federal court judge ordering the millions across the world. 1999, and it is charged with creating a abductor to turn Sean over at the U.S. With the enormity and significance permanent national memorial to our Consulate in Rio De Janeiro at 2 p.m. of D-day, it is often difficult for our World War II hero and 34th President. today so that David could immediately minds to comprehend that such a his- Following a rigorous selection process, bring his son back to the United toric undertaking was carried out by the commission has selected a world- States. individual everyday Americans. How- renowned architect, Frank Gehry, as Sadly, it didn’t happen. A new ap- ever these individuals were not ordi- the lead designer for the memorial. peal, filed by individuals associated nary people. Rather, they possessed The National Eisenhower Memorial with the abducting party, has resulted profound determination, courage and will reflect Ike’s great legacy and his in the Brazilian Supreme Court sus- commitment to purpose and were led optimism for America’s future. It will pending the federal court’s order to re- by extraordinary leaders with illustrate his love of democracy and turn Sean. This filing apparently seeks unrivaled character and unmatched vi- country, and his faith in international to nullify Brazil’s obligations under sion. cooperation and understanding. In fact, the Hague Convention treaty on child No star shined brighter at this dan- his memorial will be the first to reach abduction, a delaying and obstruc- gerous hour than one of our greatest out to international visitors in their tionist tactic that will further harm Kansas sons, General Dwight D. Eisen- own languages. Sean and continue the extreme agony hower. Dwight D. Eisenhower, a boy President Eisenhower represents the of his father. We have been told that from Abilene, Kansas, grew up to serve best of Kansas and the best of America. perhaps the supreme court will decide America as Supreme Commander of the This weekend, as we pause to remem- the case by next week. Yeah, we’ll see. Allied forces during World War II and ber those veterans who selflessly gave I would note parenthetically that if a later as our 34th President. During the their lives for the cause of freedom on political party in Brazil, and they are most difficult days of World War II, a foreign French beach 65 years ago, the ones who brought the case, wants General Eisenhower made the crucial my hope is that we will reflect upon to challenge Brazil’s accession to the and controversial decisions necessary the principled leadership, conviction Hague Convention, or any part of it, it for victory. and commitment shown by General Ei- should do so without taking Sean Gold- With the responsibility of Operation senhower, a man who never forgot that man hostage. Overlord, the largest amphibious inva- his first responsibility was to lead a co- Enough is enough, Mr. Speaker. It is sion in the history of the world, Gen- alition to the best of his ability to vic- long past time to bring Sean Goldman eral Eisenhower was fully aware that tory. Indeed, we currently face tough

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.108 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6132 CONGRESSIONAL RECORD — HOUSE June 3, 2009 and uncertain times ourselves, but in erally hundreds of cereals from which most $2 trillion tax increase. It will these difficult times, it is important to to choose. Or if I want to watch a probably cost every family, it’s esti- remember President Eisenhower’s movie, Netflix has thousands of options mated to cost every single family, rich, words: ‘‘America is exactly as strong as for me to choose from. There are mil- poor and in between, over $3,100 for the initiative, courage, understanding lions of songs I could download. There every family in additional energy costs and loyalty of our individual citizen.’’ are even 34 types of Eggo waffles. Our and will drive millions of good-paying f entire life is run with options and American jobs overseas. choices by American people. In fact, I have several plants in my THIS IS NOT THE TIME TO CUT In fact, the only segment of our life district in northeast Georgia that have THE MISSILE DEFENSE BUDGET in which the concept of options seems told me that, if this onerous bill The SPEAKER pro tempore. Under a to have dissipated is with the govern- passes, they’ll have to lock the door. previous order of the House, the gen- ment, because the government is still And those manufacturing jobs will go tleman from (Mr. FLEMING) here to pick winners and losers and de- overseas because they cannot afford to is recognized for 5 minutes. cide how I will or will not live my life- pay this high energy tax. It will dev- Mr. FLEMING. Mr. Speaker, on April style. The government is still here to astate their business, and we’ll lose 5 of this year, North Korea launched a try to go back to those halcyon days of jobs. missile capable of hitting nations the Carter administration where the This is an outrageous tax on every friendly to us and even parts of the government told you where to put your family that drives a car, who buys United States. The rocket broke apart thermostat, how fast to drive and on American products, or even flips on during its second phase, but it was able which days you could or could not get their light switch when they come to track halfway across the Pacific gasoline for your car. It is a lifestyle home. So that means you, it means Ocean. that happens to be there. every single family in this country is What was our response to the grow- We are dealing with a situation going to pay over $3,100 per family for ing threat? We announced the missile which may be, in essence, one of the this increased energy tax. defense budget would be cut by $1.4 bil- biggest lifestyle changers we have ever Senior citizens, the poor, the unem- lion. had in this world with cap-and-trade, ployed will be hit hardest by this tax On May 25, 2009, North Korea success- because we are talking about carbon increase, as experts agree that they fully detonated a nuclear bomb at an policy. As was written in 2007, control- spend a greater proportion of what underground test facility and launched ling carbon is a bureaucrat’s dream. If money that they have, their income, at least six separate short-range bal- you can control carbon, you can con- on energy consumption and on prod- listic missiles. And I understand that trol life. ucts that have high energy consump- the bomb was about a 3- to 5-kiloton One of the fears I have right now is tion and, thus, will have higher costs magnitude bomb. that we are moving into an area in for those goods and services. In fact, Now there is news that North Korea which, instead of giving Americans op- it’s going to raise the cost of every sin- may be preparing another long-range tions on how to live and how to gle product, every single service in this missile test. North Korea’s nuclear produce and how to go forward with country, because of this outrageous en- weapons testing and production have their lives, we are starting to tell them ergy tax. been a major concern for years as they how to live their lives, because the gov- This is a time when we should be pro- continue to make technological ad- ernment is the one that is going to be moting policies that stimulate our vances that could one day allow them picking winners and losers. economy and not tear it down. Various to deliver a nuclear warhead anywhere We are going to be talking about en- studies suggest that as many as 7 mil- in the U.S. This is not the time to cut ergy. We are going to be talking about lion jobs will be lost. In fact, our Presi- our missile defense budget. cap-and-trade tonight, the implications dent has held forth as a paradigm the Mr. Speaker, we must continue to in- of cap-and-trade and the tax policies of country of Spain that put in an energy vest in the ground-based sensors to cap-and-trade, with the idea that what tax similar to this one and about the track, intercept and destroy missiles we should be trying to do, as a govern- green jobs that were created there. during the mid-course of flight and en- ment, is giving people choices and op- We just talked to a man who serves sure America is protected against at- tions to let them choose how they live in their legislature in Spain, and for tacks from those who pose the biggest rather than having the government be every single green job produced in threat to our safety and freedom. the one to pick out who is going to Spain, they lost 2.2 additional jobs. So History remains clear on this. Being win, who is going to lose and how we they had a net loss of 1.2 jobs for every unprepared or passive always invites will proceed. job that was created. aggression. It’s not right. It’s not in the best in- b 1730 f terest of our Nation. Make no mistake I’ve been joined by several of my that the Democrats’ airtight tax-and- CONTROL CARBON AND CONTROL friends here tonight. I appreciate their cap will suffocate America’s small LIFE service to this Nation as a Member of business, and it will strangle America’s The SPEAKER pro tempore. Under Congress. I’d like to turn some time respiratory system, the free enterprise the Speaker’s announced policy of Jan- over to the gentleman from Georgia system. uary 6, 2009, the gentleman from Utah (Mr. BROUN) who is on the floor right My colleagues on the other side of (Mr. BISHOP) is recognized for 60 min- now, even though his committee is still the aisle will claim that that tax-and- utes as the designee of the minority meeting in a markup. But I’d like him cap will help clean up the environment. leader. to have the opportunity of taking as However, this doesn’t seem like it’s Mr. BISHOP of Utah. Mr. Speaker, I much time as he wishes to consume so even about the environment or about appreciate that opportunity and the he can get back to his other work, global warming anymore. This has opportunity of being here. As some- which is trying to keep the Science turned into a revenue generator, a rev- body who is old, I remember the good Committee on the right track in their enue generator for NANCY PELOSI and old days when we still had vinyl al- particular markup. HARRY REID, for their radical agenda bums. If I wanted to buy a song, I had Mr. BROUN. that includes socialized medicine. And, to buy the entire stupid record. Today, Mr. BROUN of Georgia. I thank my in fact, the President said, if we don’t my kids tell me they have these neat good friend, Mr. BISHOP from Utah, for pass this, that he’s not going to have things called ‘‘iPods’’ in which, if they yielding. the funds to force this socialized medi- want a song, all they have to do is Mr. Speaker, I rise today in very cine system that he’s proposing down download a song. They get to pick ex- strong opposition to the Waxman-Mar- the throats of the American people. It’s actly what they want to. key cap-and-tax boondoggle. That’s a socialized medicine system that’s I’m in one of those situations where what it is. It’s a boondoggle. This en- going to take your health decisions I go in a supermarket and I realize I ergy tax is the largest tax increase in from you and your doctor and put it in can stand in that aisle and I have lit- American history, an estimate of al- the hands of Washington bureaucrats.

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.109 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6133 That’s why they want this tax-and-cap, here on the floor all the time that our that would take place with this overall as I call it, bill passed, so that they can financial problems were caused by system that may be here. It’s one of afford, have the money to grow this George Bush, but we’ve created, we’re the reality checks that we have to deal huge socialized health care system creating, more debt in the next 5 years, with is why, indeed, are we going to do that’s going to destroy the quality of listen, people, more debt in the next 5 this kind of an approach. health care. years than every single President from I happen to think that one of the rea- Fortunately, Republicans have of- George Washington through George W. sons why we’re marching down this fered an alternative, an alternative to Bush all combined created. This path right now, so rapidly marching this unaffordable energy tax. We be- eclipsed, in less than 5 months, what down this path, is simply because the lieve you can clean up the environ- it’s taken more than 230 years to estab- government promised to do something, ment. We can clean up the environ- lish. And now they’re calling for the and the something that they decided to ment. We must be good stewards of the largest tax increase in American his- do is a cap-and-trade or cap-and-tax environment. We can clean up the envi- tory. policy, which simply means to put gov- ronment. We can keep jobs and keep Enough is enough. I urge the Amer- ernment pressure on the business com- money in peoples’ pockets all at the ican people to stand up and say ‘‘no.’’ munity to try and lower their amount same time. No more of these policies that will cre- of CO2 emissions by putting, insisting Our solutions include American en- ate more and more debt and will actu- they put economic pressure on them so ergy, American energy produced by ally bring down our economy even that right now, to try and get those American workers to create American worse than it is today. And it will steal caps exceeded, they have to buy some jobs. Our all-of-the-above energy plan our children’s and grandchildren’s fu- kind of credit, and then put the eco- brings us closer to energy independ- ture. nomic pressure on them to change over ence, which is critical for our own na- We must say ‘‘no’’ to our Representa- to a new way of doing business. tional security. It encourages greater tives and Senators in this Congress to Both of those costs, both the cost of efficiency. It encourages conservation. oppose the Waxman-Markey cap-and- buying the cap-and-trade process right It promotes the use of alternative tax or, as I call it, tax-and-cap legisla- now as well as the change, will be fuels, and it will lower gasoline prices. tion, and we need to begin to return to passed on to the consumer. So the con- Lower gasoline prices. some fiscal responsibility here in sumer basically gets hit both ways, This cap-and-tax bill isn’t the only Washington, D.C. two times, once going and once coming disguise we’ve seen here lately. In the Republicans have offered, over and in this process at the same time; be- last hundred-plus days we’ve seen the over again, multiple alternatives, mul- cause the consumer basically has, all of following: We’ve seen a nonstimulus tiple alternatives, but the Speaker has our life is surrounded in some way by a stimulus package. We’ve seen secretive been an obstructionist. She’s ob- fossil fuel economy, and the consumer, bills in what was supposed to be an structed every effort to get to this therefore, has to have a life change at open and transparent Congress, and floor the proposals that the Repub- the same time the business is having a we’ve seen bigger government creating licans have brought. She’s blocked life change. trillion dollar commitments versus fis- every effort that we have had for all of Now, I don’t care how you want to cal responsibility. In fact, what we these proposals to stimulate our econ- try and spin this, as a new way of liv- have seen is downright fiscal irrespon- omy, to solve our energy crisis, to put ing or whatever it is, this is going to be sibility. America back on the right track eco- the opportunity to change lifestyles So far this year, Washington Demo- nomically, to solve the housing crisis based on bureaucratic decisions. And it crats have forced taxpayers to pay for in America. will be, as the gentleman from Georgia the following: A $1 trillion stimulus We’ve proposed solutions, common- just said, a concept of a tax on people. spending bill; a nonstimulus bill that, sense, market-based solutions that For the rich amongst us, this new tax in spite of the administration’s re- would not have cost American jobs, is going to be an annoyance. For poor peated attempts to spin it in a positive would not increase taxes, would not people, where 50 percent of their in- light, is riddled with waste and ineffi- have stolen our grandchildren’s future. come has to go to energy choices, this ciency on projects such as a skateboard And the American people need to stand tax is going to be the difference be- park in Rhode Island, a new auxiliary up and say ‘‘yes’’ to all these other pro- tween being able to have a luxury like runway at Representative John Mur- posals, and say ‘‘no’’ to Waxman-Mar- Hamburger Helper that night. This is tha’s airport for no one. It’s even worse key, ‘‘no’’ to the course that this ad- not going to be fairly distributed than the bridge to nowhere, an airport ministration and the leadership in this throughout society. for no one in Pennsylvania. And even House and over in the Senate are tak- In fact, you’ll notice, I think the gen- checks have been sent to deceased peo- ing us, because it’s going to bring fi- tleman from Ohio is here to talk to us ple who’ve been deceased for many nancial ruin to America if we don’t. in just a moment, and his area is going years in Maryland, and who knows So it’s up to the American people to to be even more severely hit than some wherever else in this country those say ‘‘no’’ to your Congressman, say of the other parts of this country. checks have been sent. ‘‘no’’ to your two U.S. Senators to this And what it will be, though, is a We’ve seen a 400-plus billion dollar tax-and-trade or cap-and-tax or tax- windfall profit tax for the government. omnibus bill, a spending bill loaded and-cap legislation that’s going to ruin As the gentleman from Georgia said, with more than 9,000 unscrutinized ear- America, cost American jobs, and it’s this 400-plus billion dollars we’re talk- marks. We’ve seen a budget that adds a going to be a tremendous financial bur- ing about does not go into improving staggering $13 trillion to the debt. It den on you and your family. So say our lifestyle or does not go into coming doubles our national debt over the next ‘‘no’’ and resist this as we are here on up with alternative energy sources. It 5 years and triples it over the next 10. the Republican side in the U.S. House goes to the government, pure and sim- Triples our debt. Who’s going to pay of Representatives. ple. for that? It’s stealing our grand- I thank my colleague for yielding, Mr. BROUN of Georgia. Will the gen- children’s future because they’re going and I applaud all your efforts to bring tleman yield? to have to pick up the bill. forth our proposals to the American Mr. BISHOP of Utah. Sure, be happy We’ve seen a $50 billion check written public, the proposals that make sense to. in financial aid to General Motors, economically. And I thank you, Mr. Mr. BROUN of Georgia. I just want to which seems to have only brought a BISHOP. You’re doing a great job, and I bring out a point that you were talking bankruptcy filing. And it’s only June applaud that. about what it’s going to do. Let me tell the 3rd. Mr. BISHOP of Utah. Well, I appre- you something that it won’t do, and The sad fact is that this administra- ciate the gentleman from Georgia you may want to talk about this, too. tion has added more debt than every being able to join us in the middle of It’s not going to solve the global warm- single President combined, from his committee markup, and I appre- ing problem. In fact, they don’t talk George Washington all the way ciate him being here and talking about about global warming here in America through George W. Bush. We hear it simply some of the major problems anymore in the government. They talk

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.111 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6134 CONGRESSIONAL RECORD — HOUSE June 3, 2009 about climate change. And why? The plan of cap-and-trade system, elec- and-tax, 16 of those districts are from reason they don’t talk about global tricity rates would necessarily sky- Ohio and Indiana. It’s not very envi- warming anymore is because we’ve had rocket. That will cost money. They able when Indiana and Ohio split eight global cooling for almost a decade now, will pass that money on to the con- each in the vulnerability of our jobs global cooling. sumers. into the future under cap-and-tax. And And I tell you, my friend, that’s what b 1745 it’s going to be very difficult for busi- scares me. As the gentleman from Utah nesses to survive. And the experts say that if we mar- was just saying, pointing out the Every week when I get home, I try to ginally reduce the carbon emissions amount of money that’s going to be be in my district at a plant or in a like this bill proposes, it’s going to be collected under the system is abso- business. And not too long ago, I was in less than one degree of improvement in lutely scary. another factory—and these factories the global temperatures. In fact, it’s Ohio, Indiana. I would like to point a are all pretty much holding on to what only a smidgen of the total carbon put few of these out. they got. It might be that they’re not out throughout history that we’re I represent in Ohio the 5th Congres- able to go out there and keep people going to be affecting. So it’s not going sional District, the largest manufac- employed. So a lot of them are doing, to accomplish the thing that they’re turing district in the State, also the you know, if we cut back and cut back trying to sell it on, and that’s affecting largest agricultural district in the the number of hours people are work- climate change. It’s all about getting State of Ohio. And when we’re talking ing, if management takes a cut, if they more money, more money for a social- about cap-and-trade, cap-and-tax back try to do anything in-house and not do istic government that’s going to con- home, it has businesses and farmers any contracting out, what happens is trol people’s lives. And that’s what it’s scared. Why is that? they’re trying to hold on to the jobs all about. The socialized medicine and The Heritage Foundation, not too they got. care for this steamroller of socialism long ago, put together what they call However, there are a lot of factories that they’re trying to shove down the this manufacturing vulnerability in my district that are working 5, 6 throats of the American people, and index. It takes how many manufac- days a week. Now they’ve got people we’ve got to stop it. turing jobs that you have in your dis- working four 10-hour-shift days. The Mr. BISHOP of Utah. I appreciate the trict and also with the type of energy problem with that is people aren’t comments of the gentleman from Geor- mostly that your State uses—in our working overtime. They’re not getting gia as well. I want to concur in the last case, and also if you look at Indiana, money to put in the bank. They’re not part of what he did say very clearly Ohio is at 87.2 percent coal while Indi- getting more money out there be- that this is going to be a tax, it’s going ana is at 94.2 percent coal. cause—in my district I have the largest to be a windfall for money for the gov- The problem with it, as you see, we washing machine plant in the world. In ernment, not necessarily to go back have a very high vulnerability. When a good year, they’re producing over 6 into this issue but for the government. you take these numbers and go million washing machines. We can The Washington Post simply said across—a lot of times when you were in produce anything in northwest, north that the proposals will require a whole- school you wanted to be at the top, central Ohio when it comes on the sale transformation in the Nation’s when you were playing sports you automotive side. But, again, these economy and society. One of our wanted to be at the top. This is one companies are hurting. former colleagues who is now in the chart you don’t want to be at the top You have got companies out there Senate, he said, cap-and-trade is the of. The Ohio 5th Congressional District that supply the auto plants and if most significant proposal of our time. ranks number three in the most vul- you’re in tier 2 or tier 3, you’re in trou- Friends of the Earth published way nerable districts in the State of Ohio ble. They say, Well, it’s going to be back in 2007, The concept of a climate when it comes under the cap-and-tax, rationalized—I think the term was change response must have at its heart cap-and-trade notion. down the street—that we’re going to a redistribution of wealth and re- What’s happening right now? We’ve have to rationalize what’s going to sources. Alan Greenspan said cap-and- been in a tough recession. Again, being happen to these. A good term for that trade systems, or carbon taxes, are the largest manufacturing district in is ‘‘you’re out of business.’’ Where are likely to be popular only until real peo- the State of Ohio, we’re suffering. And these people going to go? We’ve got a ple lose real jobs as their consequence. fortunately when the announcements domino effect that’s going to be hap- There is no effective way to meaning- were made from General Motors yester- pening. But this domino effect is going fully reduce emissions without nega- day, we did not lose our General Mo- to be happening more rapidly if these tively impacting a large part of our tors plant, but just nearby in the 4th companies cannot afford power. economy. Congressional District, they are going Again, in Ohio, 87.2 percent of our Now, there’s a couple of reality to be closing. But a lot of my people power is coal generated. Indiana, again, checks that I want to deal with today. work in those plants. is 94.2. So we can’t have that going on And I’m joined by two of my good col- So what does this mean? One of my because when we’re talking about these leagues, one, the gentleman from Ohio, counties right now, which is right in numbers, we’re talking about a catas- and also the gentleman from Lou- the corner of Indiana, Michigan and trophe in the making. isiana, who are going to talk about Ohio, it’s the highest unemployment I just wanted to show this chart. some of the problems that we presently rate in the State of Ohio. Williams Again, this is the top eight districts in have; and especially the gentleman County. Over 16 percent. You have the State of Ohio. They’re going to be from Ohio because his area is going to hardworking men and women up there affected by cap-and-tax. I would like to be hit perhaps as hard as anyone in this that want to go to a job every day; but show you the bottom eight. unfair distribution of income. It’s because of this recession that we’re in, Well, as we start down the list, that going to be a byproduct of this ap- they’re not getting to a job. being as least affected with a manufac- proach. What we gotta do is we’ve got to get turing vulnerability index ranking of With that, Mr. Speaker, I will be glad these people back to work. But the only 3.2 percent is Mr. WAXMAN’s dis- to yield as much time as he may con- thing is—that’s already been men- trict. When you go down to Speaker sume to the gentleman from Ohio who tioned by my friend in Georgia—it’s PELOSI’s district it only gets down to a can tell us what’s going to be hap- going to be very difficult to retain, ex- 2.2. And, again, we’re talking about pening in his backyard. pand and create new jobs if we’re in a Ohio and Indiana, districts in the 100 Mr. LATTA. I appreciate the gen- situation where we’re not going be able percent, the 98 percent range. tleman for yielding. to compete around the world. How is Out in California they’re using a lot Ohio and Indiana are going to be es- that? of nuclear; they’re using a lot of nat- pecially hard hit under the cap-and- If you look at these numbers right ural gas. So these areas in the country tax, cap-and-trade system. I think it’s here with Indiana and Ohio, if you tip aren’t going to be hit. important to start off with what the this down to the 20th Congressional People say, back home, BOB, who’s President said last year, Under my District that’s going to be hit by cap- asking for this? We’re in a catastrophe

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.112 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6135 here in the Midwest. Who’s asking for A lot of things are being advocated up. Again, when these numbers that this? when you’re talking about carbon cap- they’re talking about how can you If you look at a map, go from Cali- ture and sequestration. That tech- come up with $4,300, when you look at fornia to Oregon to Washington, you nology, in a lot of cases, is not even your electricity, your gasoline—you go know these are very low vulnerability available and it’s untested. And we’re right down the line—the food you put with these States. You go from the telling businesses we’re going to have on the table, these prices are going to east coast, very low vulnerability. Not to be doing some of this into the fu- go up. a lot of manufacturing, not a lot of ture. Impossible. Raise residential national gas prices coal. Businesses out there, they’re going by 55 percent. And then increase the in- So when you look at this, who’s get- to say, How are we going to do this? flation-adjusted Federal debt by 26 per- ting hit the hardest? The Midwest. Some of the businesses out there that cent or $29,150 additional Federal debt Those States that are the industrial are owned by multinationals across per person again after adjusting for in- heartland of America, those men and Ohio and the Midwest—you know, I’ve flation. women who get up every day, pack had some companies tell me, We don’t b 1800 that lunch box and get to work are the have to be in Ohio. We don’t have to be ones that are going to be affected. in the United States. We can go over to We can’t afford this. We cannot af- And as the gentleman mentioned our Pacific Rim countries and produce ford this, and we can’t have this hap- from Georgia, what’s going to happen? the product and bring it back to the pen. Well, if we can’t manufacture cheap- United States probably at a cheaper But my friends let me tell you, ly in the United States and compete rate than you can do it right here in there’s not one person that’s not for against the rest of the world—and the the United States. And they’re saying clean energy, and here the Americans rest of the world today is China, India that, but they want to stay here; but if want something, and the Republican and that area—what are they going to we do this, if this cap-and-tax gets Party has come up in this House with be doing about it? There is some talk passed, America is going to suffer, a strategy. around here and at the White House, America is going to lose jobs. And last week during the break, sev- We’re going to go over and talk to the And when you look at some of these eral of us were in Pittsburgh and Indi- Chinese and say we would like you to numbers that the Heritage Foundation ana and California stressing the need cap your emissions. That’s what all of has brought forward, they’re looking at to make sure that we have this nuclear this is about, capping carbon emis- by the year 2035, it’s reducing the ag- being stressed. There’s a nuclear power sions. There is not one person in this gregate gross domestic product by $9.6 plant in California that supplies 10 per- Chamber that would say that they trillion. Destroy 1.1 million jobs per cent of that State’s needs, and the last want to have pollution. But we have to year on average with the peak years time we’ve even been able to site a new manufacture in a way that can be done seeing unemployment rise by over 2.479 plant in this country was 1977. that we can compete. When you’re million jobs. So we can do it in this country by looking at these numbers, it’s going to Again, as has been mentioned by my just having what we’ve got, by making hurt the Midwest. friend in Georgia, increasing the aver- sure we use our clean coal technology, But what happened when the Chinese age American cost of living by 2035, to use nuclear. Get out there, get the were questioned about the whole no- $4,300. Where are Americans going to oil, the natural gas, we use the hydro, tion of what are we going to do about come up with this money? the geothermal, and then of course on cap-and-tax, especially when it comes If you are getting cut back on your all the others. We have the wind, the to China? China’s philosophy is this— hours right now at your plant, you’re solar, the ethanol, the biodiesel. We and it was a quote that was in the not going to have additional dollars, can do it, but we’ve got to have an all- Washington Times not too long ago. and then we’re going to have the Fed- of-the-above policy, but we cannot go Their minister said this: You don’t un- eral Government mandating these with this cap-and-tax because, again, derstand the problem. We only produce things. There are not going to be any it’s a jobs killer for America, and I it. You consume it. If you hadn’t con- Federal dollars. thank the gentleman for yielding. sumed it, we wouldn’t have produced Raising electricity rates by 90 per- Mr. BISHOP of Utah. I appreciate the it. So you pay any of the tax that cent. Again, when you look at this vul- gentleman from Ohio for talking about might come from this. nerability, you look at the Midwest. some of the realities that happen to be They don’t want to get involved in it. You look at the companies that are out there. I hate to say this, but sometimes They are not going to get involved in there that have to have that base load we need to make a reality check on it. So what we’re putting around the capacity every day to turn those ma- this entire issue of what the goal is. legs of the manufacturing in the chines on to keep America running. When we are told the goal is to have an United States is a ball and chain. We’re They are not going to be able to do it. 80 percent reduction in CO2 by the year saying, Okay, we’re going to throw you Pass this bill and that’s what you’re 2050, what does that really mean for us? in a hundred feet of water and you bet- going to get. In my own State of Utah, we have a ter start swimming somehow. That’s We’re going to see gasoline prices yearly output of approximately 66 mil- what this Congress is advocating, and rise by 74 percent. Right now, you’re lion tons of CO2 per year and a popu- it can’t be done because America can- looking at gas increasing. It was really lation of 2.6 million. Now, if you simply not compete under those standards. nice for a while there this past year do the math, to reach that goal that We have got to be on an equal play- when we were looking at about $1.63 everyone says we have to reach, we ing field with the rest of the world. If gasoline in northwest Ohio. Well, the would have to go down to 2.2-tons of we don’t have that, we’re going to be in other day when I got gas before I came CO2 emitted every year in the State of a situation where American jobs are back to Washington, it was $2.52. And Utah. The last time that happened, I going to be lost to overseas. people were saying to me at those gas hate to admit this, but Brigham Young I said about my district, I have some pumps, When is it going to stop? hadn’t even arrived. If you want to do of the highest unemployment in the I say, if you pass this bill, you’re the kind of math that it takes to reach State of Ohio. Again, high manufac- going to watch gasoline prices sky- that goal in the United States, the Pil- turing, and we cannot afford to be in a rocket. Eighty percent of everything grims weren’t here yet on Plymouth situation where we have this type of that is brought into Ohio in goods is Rock. situation where we’re going to be hurt- brought in by truck. So, again, those One of the things that we have to ing the heartland of America under prices are going to go up. reconcile is that, look, there are 6.2 bil- this policy. And as I mentioned, we’ve Agricultural prices are going to go up lion people in the world. Two billion of got businesses out there hanging on by because the fuel that’s needed to make those people have never flipped on a their fingertips and all we’ve got to do the fertilizer, the fuel for the tractors switch because they have never had is put this chain around them and to make sure that you can harvest, all electricity. To reach the kind of goals they’re not going to be able to survive of these things are going to go up. The that we’re talking about here, we have into the future. drying of the grain. All prices are going to insist that those 2 billion people

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.113 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6136 CONGRESSIONAL RECORD — HOUSE June 3, 2009 never have to experience things like potential solutions to this, especially let me tell you about what we also can lights and flat screen TVs and com- to talk about some other options out lose if we lose the ability to extract puters that we all take for granted and there because what we, once again, natural gas just in my district. live with; that they don’t have to have need to do is we have to be able to give A 2008 study was done, and it showed adequate food free of bugs because, I’m the American people choices and op- that $4.5 billion was pumped into the sorry, the fertilizer is fossil fuels; and tions, not have the Federal Govern- Louisiana economy in that year. It cre- they don’t have to have clothes which ment telling them what to do. ated $3.9 billion in household earnings. are made of fossil fuels. My pen is a So I yield to the gentleman from The greatest impact on indirect house- fossil fuel. Everything in the emer- Louisiana. hold earnings was experienced by work- gency room except for the steel is a Mr. FLEMING. I thank the gen- ers in the mining sector, with new fossil fuel. We make composites for air- tleman from Utah, and I, too, feel very household earnings of $193 million in craft to make them lighter and more privileged, Mr. Speaker, to have been a 2008. It created over $30 million in new efficient right now. You get on plane; cosponsor on the no-cost stimulus en- earnings in separate sectors; $56.7 mil- you are riding on gas. All those things ergy plan that my friend from Utah lion in health care; management, $46 are there, and we have this schizo- was also a sponsor of, and it would million. On and on and on, many mil- phrenic idea that we want to get rid of have provided tremendous utilization lions of dollars. It’s creating cash into fossil fuels, at the same time it is our of the potential energy we have, but of the local economy in my district. And lifestyle, without recognizing what it course, it never made it to the floor. as a result of this, our unemployment is. As a good segue into really what I rate is much lower than that of the Back in the 1970s, we had a specific want to talk about is my local district, east of the country, and our economy’s term in there and that’s when we came I just want to reiterate what we dis- doing very well. Real estate is doing up with the idea that these are alter- cussed this evening, and we also talked very well. On that, we’ve created many native fuels. What we really should be about it last night, that this cap-and- jobs. Large impacts were felt with 5,229 saying is they are supplemental fuels, tax program has been tried before. jobs in the utility sector; health care, because I hate to say this, but one- We’ve been 10 years down this pathway 3,496 jobs. sixth of one percent of the energy we with Spain. Representatives from Conservative estimates report that use today comes from wind and solar. Spain came and spoke with us about State and local tax revenues increased If you try to do a PowerPoint presen- this, and they said that the net of all by $153.3 million in 2008. Some parishes tation of a pie chart, all you get is a that has been is they’ve lost compa- reported a 300 percent increase in sales little thin line because it can’t get nies, they’ve lost jobs, their unemploy- tax. smaller than that little thin line. ment rate is now 17.5 percent, and their So as you can see, Mr. Speaker, the And after 30 years and $20 billion of energy costs are skyrocketing, which Haynesville shale is just starting, and the United States Government trying of course prophetically even our own yet it is creating a tremendous impact to expand wind and solar, we are still President, President Obama, made the on the economy of my district. So, if at one-sixth of one percent. The Presi- comment in January 2008 that utility we continue down this cap-and-tax dent wants to double that, which I ap- costs, electrical costs, home costs of road, not only are we going to lose plaud him for. Actually, the last 3 energy will skyrocket if this bill is what we have but potentially lose what years of the Bush administration, we passed. we’re going to have. doubled the amount of wind and solar What I want to talk about for a mo- In the 2010 budget of President power we were using, but all that does ment, Mr. Speaker, is the Haynesville Obama on this same subject, we’re is take us from one-sixth of 1 percent shale. I’m from the fourth district of looking at a potential loss of $80 billion down to one-third of 1 percent. So that Louisiana. This is the northwestern in tax incentives for oil and natural line is only a little bit wider. corner of Louisiana, and 3 years ago no gas businesses, and this impacts small Now, if you have a coal or a gas-fired one had ever heard of the Haynesville companies. The majority of oil and gas power plant that puts out 1,000 shale. In fact, the whole idea of shale companies in my district are small megawatts of power, it takes about 40 formation, that is, a rock formation companies. They’re mom-and-pop busi- acres of ground to do that, 40 acres. To that holds like a porous sponge depos- nesses, and that is the backbone of our accomplish that same power output its of natural gas, something that was economy. We’re not talking about with wind, you would take 500 wind- barely heard of even 4 years ago, and Shell Oil. We’re not talking about mills that would require 30,000 acres to today, we’re finding that in the case of Exxon. We’re talking about local, Joe accomplish that. The Denver Post had the Haynesville shale, it is perhaps the Smith kinds of businesses. this wonderful article about this great largest natural gas find in this hemi- Independent oilmen and women in solar plant in an area in Denver that sphere. northeast Louisiana rely on these in- was putting out 8.2 million megawatts. And hopefully, the camera will pick centives to reinvest their capital in To accomplish what that one coal-fired this map up, but you see the area, and these companies. This is caused by the plant would put out, you would have to it borders, of course, several parishes loss of depletion allowance and the have 250 of those miracle plants cov- in Louisiana and then also counties in writeoff of intangible drilling costs. It ering 20,000 acres. Texas. As you can see, it covers a wide will also broaden our dependence for- In my home State we have a new swath of area, and so this represents a eign oil; of course, the thing that we geotherm plant, which is great, puts tremendous opportunity for the State used to talk about when gas was $4 a out 14 million megawatts of power. We of Louisiana and also parts of the State gallon and soon we’re going to be talk- take 10- to 20,000 every year just to of Texas. ing about that again. keep up with the grid. So I just want to tell you something Well, in closing, I just want to say, So what we have to do as we’re talk- about the impact. We’re talking about Mr. Speaker, that we cannot tax and ing about all these issues is come up 234 trillion cubic feet of natural gas spend our way out of growing our econ- with some kind of realism that the bot- production potential. This could be a omy. In a time of recession, the best tom line is the wind does not always source of energy for many years to way to encourage an economic turn- blow and the sun doesn’t always shine, come for this country, and remember around is to preserve jobs. The State, and we have yet to come up with a way that natural gas is a very clean form of instead of flowing money into the econ- of capturing wind and solar power, let fossil fuel. It produces significantly omy, as we’ve tried with this stimulus alone the capacity for moving those. less carbon dioxide than say coal, and plan, which, estimates are, only 6 per- We have a reality check before we go yet there’s forces out there that would cent of the money is even in the econ- marching down this path of where like to stop the drilling for natural gas omy, we may actually be pulling out of we’re going. in the Haynesville shale. We’re even this recession as we speak. I want the gentleman from Louisiana going to have hearings tomorrow talk- Without the development of natural who is here, who has been involved in ing about the manufacturing process gas plays like the Haynesville shale, these issues, has signed one of the and potentially issues having to do without increased exploration in early bills that deals with one of the with the environment with that. But ANWR, the Outer Continental Shelf,

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.115 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6137 without the tax incentives that I just through these difficult times. And they I had this feeling it was a bit of a mentioned, without these things we’re know, and I heard not only in Indiana head fake, that in fact liberals here in going to see our economy, even if it put but in Pennsylvania and in California Washington, D.C., were not going to re- pulls out of this, level off. as House Republicans traveled this Na- lent in their drive to pass a national We can have our cake and eat it, too, tion to take our case against the energy tax and the cap-and-trade legis- Mr. Speaker. We don’t have to destroy Democrats cap-and-trade proposal. lation. And it turns out, according to our economy and clean up our environ- b 1815 Roll Call, I might just be right. ment at the same time. We can be An article filed by Steven Dennis of good, responsible tenders of our envi- I heard from those Americans one the Roll Call staff reports that, ronment. We can be good stewards of simple message, and that is: The last ‘‘Speaker Nancy Pelosi is kick-starting our environment without destroying thing we should do during a difficult the movement on the controversial cli- our economy in the process. recession is pass a national energy tax mate change bill, setting a deadline of Someday perhaps we will be able to on every working family, small busi- June 19 for committee action in the use some of these technologies. Per- ness owner, and family farm in this Ways and Means Committee.’’ haps we can use solar, maybe wind, but country. But, Mr. Speaker, that’s pre- The Speaker of the United States at this point, my friend from Utah says cisely what the House Democrats are House of Representatives has told the it’s 1.6 percent of production, and we’re preparing to do. chairman of the House Ways and Means going to have a lot of breakthroughs to Just before the break, virtually along Committee that they have until 2 make it go much higher than that. But party lines, House Democrats reported weeks from this Friday, according to until that time, there’s a lot we can do out of their committee the so-called Roll Call, to have that bill out of com- with the technologies we have, tech- cap-and-trade legislation, which is bet- mittee. And it could very well be on nologies that are coming online, and ter understood as a cap-and-tax legisla- the floor of this Congress before we that’s not even mentioning nuclear tion. My colleague, FRED UPTON from break for the 4th of July. power which many countries, particu- Michigan, says it will cap growth and So I think the American people have larly in Europe, are way ahead of us trade jobs. And the truth is it will have a right to know what’s in this bill. on. just that effect. They have a right to understand how But we can do a lot to solve our prob- According to a study done by MIT, this national energy tax, under the lems without throwing our economy divided by the number of households in guise of climate change legislation, is into the dumpster, as Spain has. this country, if the Democrats’ cap- going to result in an increase in their So with that I want to thank my and-trade legislation becomes law, the home utility costs, an increase in the friend from Utah for his time, his many energy costs of the average American costs of gasoline at the pump, an in- great efforts with this. I appreciate his household would rise by more than crease in the cost of virtually every leadership on this subject. $3,000 per year. According to some inde- good we buy, because of course energy Mr. BISHOP of Utah. I appreciate pendent estimates as well, if their leg- is an input cost on virtually all the very much the gentleman from Lou- islation became law, various studies goods and services that we use in our isiana joining us and talking about suggest 1.8 million to 7 million jobs daily lives. It’s going to increase the other kinds of options that are out could be lost in this country. cost of businesses. And I rise, of course, there for the American people. The re- Why on Earth, at a time when this with a particular interest in this. ality has always been that reliable and Congress ought to be coming together As we heard from the Governor of the affordable energy has been the great with bipartisan solutions to bring re- State of Indiana, Mitch Daniels, last liberator of mankind. It has improved lief to small business owners, to Amer- week, that because the cap-and-trade our lifestyle. It has allowed those who ican manufacturing, a time when we legislation essentially puts the heavi- are poor to escape that kind of poverty. see the government reaching deeper est burden on those States that draw One of the things we cannot do is and deeper into our financial sector, of- the majority of their electricity from allow us to restrain ourselves so that fering one bailout after another to one coal-burning power plants, the truth is that does not happen. As we said be- business after another, why on Earth that, rightly understood, this cap-and- fore, if you’re rich, all this stuff could would we heap more weight on the trade legislation amounts to an eco- be an annoyance. If you’re poor, it’s a backs of Americans and on the back of nomic declaration of war on the Mid- life-and-death decision, and as one wag this American economy in the form of west by liberals here in Washington, simply said, never underestimate the a national energy tax? D.C., and it must be opposed. ability of Congress to offer nonsolu- But I rise today, Mr. Speaker, to say I mean, in the State of Indiana, our tions to problems that may or may not with authority that’s precisely what households, when we flip the light exist. We may be looking at that right Democrats are planning to do. switch, we draw about more than 90 now, but I appreciate especially the I pull out a device that helps me keep percent of our electrical energy from fact that there are other options out up with the news here. And I will coal-burning power plants. Very simi- there that need to be explored because quote, for the sake of attribution, a lar in Michigan, very similar in Ohio. this is not the only answer and the story published this afternoon at about That may well be why the Heritage only solution. 5 o’clock in Roll Call, because as we re- Foundation recently estimated that With that, I’d like to yield to our turned to Washington, D.C., there was States like Indiana and Ohio and good friend from Indiana who has spo- a great deal of talk, Mr. Speaker, that Michigan will be the hardest hit ken often on these particular topics we were moving on to health care re- States. and these issues, in fact, is organizing form for the summer. The majority in We had testimony last week from an effort to explore other options that Congress wasn’t talking any more representatives of Richmond Power America needs and recently took those about a national energy tax. They and Light in Richmond, Indiana. They conversations on the road to actually weren’t talking any more about cap- testified at a public hearing that we hear from Americans. I yield to the and-trade. The focus was health care. held in my home State capital of Indi- gentleman from Indiana (Mr. PENCE). The President of the United States anapolis, and they said that their util- (Mr. PENCE asked and was given per- gave a speech saying that it’s a time ity rates in Richmond, Indiana, a city mission to revise and extend his re- for health care reform, and that should that I represent, their home utility marks.) be the focus. rates would go up by 25 to 40 percent if Mr. PENCE. I thank the gentleman But I have got to tell you, I used to cap-and-trade legislation became law. for yielding. play a little bit of basketball back in We have got to come clean with the Mr. Speaker, I come before this Indiana. There was something called a American people about the reality of Chamber today at a time when millions head fake. You know, when you got the this national energy tax. The American of American families are hurting. I just ball and you want to go this way, you people have a right to know that this spent time home in Indiana, heard put your head that way and you make Democratic majority is preparing to from small business owners and family the guy follow, and then you go this pass legislation that will increase the farmers that are struggling to make it way. cost of doing business, increase the

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.116 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6138 CONGRESSIONAL RECORD — HOUSE June 3, 2009 cost of their household budget, and going to be coming rather quickly upon nental Shelf to drilling, another 1.1 they’re preparing to do that in name of us, you need to look at the reasons million or 2 million jobs in America. environmental priority and climate being given as to why we have to have The President can finally keep his change legislation at precisely the this cap-and-tax-away-jobs bill, why we promise; instead of losing more jobs, time that American working families, have got to get rid of more jobs, cost we’d have more jobs coming into Amer- small business owners, and family more Americans more money when ica instead of going out. farmers can least afford it. they don’t have it. And we’re told it’s That’s why we don’t need a cap-and- So I commend the gentleman from because of the carbon dioxide out there tax-away-jobs in America. We need to Utah. I commend him for his extraor- and that it’s creating global warming. produce more of our own. And I mean dinary and visionary leadership on Well, have you noticed we’re not call- everything. We’re talking about wind. issues involving energy. But I pledge ing it global warming anymore? Now We’re talking solar. this: That as chairman of the House we’re calling it climate change. And I have a bill for a prize for somebody Republican Conference, as one of those you wonder why have they started call- that comes up with a way to store elec- tasked with the American Energy So- ing it climate change. Well, you start trical energy in megawatt form for lutions Group on which my colleagues looking at some of the scientific data more than 30 days. Solar could be our have the privilege of serving, we are that’s coming out and they’re real- answer to the future. But for right going to make the fight in the weeks izing, you know what, this planet may now, it’s carbon-based energy. And it ahead against this national energy tax be cooling instead of warming. It may will keep jobs in America, bring them and, to the gentleman’s point, we’re be starting on a cooling cycle instead back. going to offer a Republican alternative of warming. But, for goodness sake, let’s don’t in the American Energy Act that will So, since we have millions and mil- hurt the middle class in America any lessen our dependence on foreign oil, lions and millions of dollars being more than they’re already being hurt. make a commitment to wind and solar made by scaring people about global I appreciate so much my friend from and nuclear energy, make a commit- warming, in case it is cooling, maybe Utah. And with that, I will yield back ment to new, cleaner technologies, we better change the name to climate to him. more fuel efficiency. But it will not in- change. That way we’re going to keep Mr. BISHOP of Utah. I appreciate the clude a national energy tax that will the money coming in either way, be- gentleman from Texas. It is one of drive this economy further down dur- cause we’re scaring people. those things that we live in a new iPod ing these difficult days. It’s climate change, no matter which generation in which in all our lives we I yield back. way it’s going—warming, cooling. In are given options and choices. In this Mr. BISHOP of Utah. I appreciate the fact, I saw an article that indicated, particular area, it is not the time for gentleman from Indiana giving us what you know what, we have been saying the government to now establish who I think is not necessarily bright news, that carbon dioxide is trapping the wins, who loses, what is our only path. but good news to realize that the cap- heat and warming the planet, but we We still have to provide our people and-tax approach or the cap-and-trade may be wrong about that. It may be with options so that they can live and policy is not the only one that’s out that the carbon dioxide is creating a expand their lives the way they deem there. There are other options. shield and causing the Sun’s rays to The gentleman from Louisiana and I best. That’s the important part here. bounce off and, therefore, cooling the I want to emphasize there are options have joined with Senator VITTER on planet. what is called the No Cost Stimulus out there on the table that the Repub- That way, they can have it either Bill that solves this problem in a dif- lican Party is presenting. Those op- way. If it’s warming the planet, then ferent approach. The Republican Study tions need to be heard and explored be- it’s catastrophe and we need to pass all Committee and the Western Caucus cause they lead us to a proper goal and kinds of laws to tax people, put busi- have joined with H.R. 2300, which an easier pattern. ness out of the U.S., and go to other solves this problem with an alternative With that, we yield back the balance countries. And if it’s cooling, we will approach that provides American en- of whatever time is left. ergy and American jobs without the have it that way, too. Keep the money f flowing in. harmful side effects. REPORT ON RESOLUTION PRO- I just went this afternoon to the Na- In our Natural Resources Committee, we have talked about the polar bears. I VIDING FOR CONSIDERATION OF tional Center for Policy Analysis. They H.R. 626, FEDERAL EMPLOYEES presented 10—they call it 10 cool global have seen that deeply touching com- mercial where this mama bear with the PAID PARENTAL LEAVE ACT OF warming policies—but 10 specific ideas 2009 or concepts, many of them that we cub, it looks like they’re dying out have incorporated in some of those there. Maybe they are. But what we Mr. ARCURI (during the Special other bills that would help our situa- have heard in our committee is that 20 Order of Mr. BISHOP of Utah), from the tion without having to impose a tax years ago we know for sure there were Committee on Rules, submitted a priv- that hurts the poorest of our people. less than 12,000 polar bears. And we ileged report (Rept. No. 111–133) on the Now I am pleased to yield to my good know today, for sure, there are at least resolution (H. Res. 501) providing for friend from Texas, someone who is, I 25,000 polar bears in the world. They consideration of the bill (H.R. 626) to think, the most fascinating speaker I have more than doubled in 20 years. provide that 4 of the 12 weeks of paren- have a chance to listen to, the last few But somebody is making a lot of tal leave made available to a Federal minutes that we have on this par- money by telling people the polar bears employee shall be paid leave, and for ticular issue at this time tonight to try are all dying, so give us money, take other purposes, which was referred to and summarize once again that where away American jobs, send them around the House Calendar and ordered to be we’re going, hopefully we can avoid the the planet, and we will be better for it. printed. pitfalls, and there are other options Well, they will because they’re going to f have bigger houses. And I don’t be- than what we have simply seen placed HEALTH CARE IN AMERICA before us so far. grudge Al Gore having that wonderful I yield as much time as he may con- house and using all that energy, but he The SPEAKER pro tempore (Mr. sume to the gentleman from Texas (Mr. just shouldn’t make the middle class of KISSELL). Under the Speaker’s an- GOHMERT). America pay more for their energy and nounced policy of January 6, 2009, the Mr. GOHMERT. I appreciate your cause the loss of their jobs in the name gentleman from Connecticut (Mr. MUR- yielding. I don’t think there’s anybody of helping the planet. It doesn’t help PHY) is recognized for 60 minutes as the who brings more clarity to the issues anybody but him and people like him designee of the majority leader. of energy than my friend from Utah, that are out there scaring folks. Mr. MURPHY of Connecticut. We are Mr. BISHOP. I sure do appreciate the We have talked about the jobs that going to take the next 45 minutes to an clarity he brings. would be created in ANWR. You open hour, myself, Mr. KAGEN, Mr. But when we talk about this cap-and- ANWR, a million new jobs across LANGEVIN, and a few others that will tax-away-jobs bill that’s apparently America. You open the Outer Conti- likely join us over the course of the

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.117 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6139 hour, to talk about a subject that’s on didn’t have the resources to pay for it. remarks, and then I will turn it over to the minds of more and more Americans Half of the bankruptcies in this coun- Mr. LANGEVIN. every day, and that is the issue of get- try are due to people who got sick but So I’m glad to have you join us here, ting health care for all Americans. who didn’t have the means to pay for Mr. KAGEN. President Obama was swept into of- it. Half of the bankruptcies are due to Mr. KAGEN. Thank you, Mr. MUR- fice with a mandate to fix what has be- the people who played by all of the PHY. come an unjustifiably broken health rules and who did everything we asked If you could raise up that sign one care system here in this country. It them to do but who just got sick. more time, it does say ‘‘Health Care for costs way too much, outpacing all of Now, in the richest country in the America.’’ It doesn’t say ‘‘health insur- our industrialized neighbors by almost world, there is no justification for the ance.’’ It says ‘‘health care,’’ which is twofold. It gets care that, compared to fact that somebody who has the misfor- our focus. We care about the people those same nations, ranks pitifully in tune to be diagnosed with cancer or we’re listening to—the people we have the middle of the pack. And it has with an expensive illness has to lose the honor of representing. It is about changed the very practice of medicine everything—his house and his car—just making certain that people can get to for far too many physicians who went because his fortune was a little bit dif- see their doctors when they need to at into their profession for the love of ferent than someone else’s fortune. prices they can afford to pay. I’ll share treating people and making them bet- There is no justification for the fact with you some of the stories that, per- ter and now find themselves dedicating that millions of little kids in this coun- haps, President Obama is going to hear more and more of their time filling out try are going to bed, sick at night, just when he comes to Green Bay, Wis- paperwork, dealing with red tape, and because their parents can’t afford to consin, on the 11th of June, just a few arguing with insurance companies over get them to doctors. In this country, days from now. Here is someone from Green Bay who whether or not they should get paid for that can’t be all right. People have wrote to me. Her name is Stephanie: their services. come to the conclusion that this is the ‘‘Insurance is number one on my list. time—this year, right now, this sum- b 1830 My current employer can’t afford to mer, this fall—when we finally will give us health insurance, and I can’t We can make this health care system wake up and will fix this thing for better for our society as a whole, for get individual coverage. Help, please.’’ good. President Obama might hear from our government as a payer, for the pa- You’re going to hear from a lot of us Jim, who is also from Green Bay: tients who interact with it, and for the as to our ideas on how we should ad- providers—the doctors and the nurses ‘‘Every human should have health care. dress this crisis. We’re going to talk Don’t have insurance. 60 years old.’’ He and practitioners—who perform mir- today about the role of consumers in acles every day within that system de- is between the cracks. He is not old this debate, whereby we can make our enough for Medicare, and he is not poor spite the system. health care customers better pur- There are a lot of people who enter enough for welfare or for Medicaid. chasers of health care if we give them In Sturgeon Bay, just outside of this debate from various sides, and the right information and so that we Green Bay, I got a card from Rhonda: we’re, frankly, not going to have over can empower them in a new, reformed ‘‘Our middle class income cannot sup- the course of this next hour unanimity health care market. port the increase in medical premiums, of opinion on the exact solution to this You’re going to hear about the role copays and deductibles. What will be crisis going forward. What you will of the Federal Government in this re- done for the middle class?’’ She is hear over the next hour is a group of form and, as part of that new pur- Rhonda in Sturgeon Bay. individuals on the Democratic side of chasing power that we can give to indi- People are writing to their legisla- the aisle who are committed not just viduals, that we can give them the op- tors, not just in the Federal House here to reform for reform’s sake, not just to tion to buy the same health care that in Washington but across the State a—pardon the pun—Band-Aid fix, but I have and that Mr. LANGEVIN may houses. Every government at every to comprehensive health care reform. have and that others in this Chamber level understands the pressure and that We’re beyond making little incre- may have. I know Mr. KAGEN doesn’t the cost for health care has risen astro- mental fixes here or there. We’ve got to take the Federal employees’ health nomically. It is 17 percent of our GDP. strip this thing down and build it back care plan, but it doesn’t seem like it’s It is that investment that we make in up again. We’ve got to learn from our so revolutionary that we should not ourselves to guarantee that we have mistakes. allow regular, everyday Americans to health. If you don’t have your health, On the Democratic side of the aisle, have the same kind of health care that you may not have anything. we’ve heard the American people loud Members of Congress have. Now, recently, I received a mailing and clear whether it was at the ballot We’re going to talk about the role of from an insurance company that is in box last November when they voted for people to have choices between public my district. It’s a great company. I a President, a President who made it insurance and private insurance. We’re just want to read this into the RECORD clear that health care reform and get- going to talk about reforming the way because, if you have certain preexisting ting coverage to every American was that medicine is practiced so that phy- conditions, all the marketing in the going to be at the top of his priority sicians can get back to spending their world won’t allow you to purchase list, or whether it’s every weekend time with patients rather than with their product, because they don’t in- when we go home, when we talk to in- filling out paperwork and with hiring sure people with preexisting condi- dividuals who are facing the reality of more and more people to argue over tions: an economy that leaves them one pay- whether they will get paid or not. ‘‘Important information about pre- check away, one pink slip away, from We’re going to talk about how we existing conditions: Although we make losing their health care forever. That make this reform centered around im- every effort to extend coverage to all number is going up. More and more proving quality. It still doesn’t make applicants, not everyone will qualify. If Americans are afraid that their bread- sense that we spend 70 percent of our you have had treatment for any of the winners may lose their jobs over the gross domestic product on health care, following conditions, you may not next 6 months to a year. They realize and yet we have infection rates, life ex- qualify for the coverage being offered.’’ that what comes along with that is the pectancy numbers and infant mortality It reads: ‘‘HIV/AIDS, alcohol, drug de- risk of having their entire lives turned rates that should leave us pretty em- pendence, cancer, chronic obstructive over. Half of the bankruptcies in this barrassed given the amount of money pulmonary disease, connective tissue country are not due to irresponsible that we’re spending. So I’m excited to disease, Crohn’s disease, diabetes, em- spending decisions or due to houses be here on the floor for the next hour physema, heart attack, stroke, hepa- that they bought that cost too much or or so to talk about these things. titis, inpatient emotional and mental due to a couple too many plasma TVs I know Mr. LANGEVIN has joined us health care, organ or tissue transplant, in the basement. here on the floor. I would be thrilled to ulcerative colitis.’’ No, it’s medical costs. It’s an unfore- turn it over in just a second to Mr. It goes on to conclude: ‘‘You should seen illness visited upon a family who KAGEN to give a couple of introductory also be aware that we may not be able

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.120 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6140 CONGRESSIONAL RECORD — HOUSE June 3, 2009 to provide coverage to individuals who which is transparency in health care According to a recently released re- are severely obese, who are severely purchases. We have to have no dis- port by Families USA, 254,000 individ- underweight or who are undergoing or crimination anywhere in health care. I uals in my home State of Rhode Island who are awaiting results of diagnostic think the President has accepted this were uninsured during some point dur- tests. We cannot offer coverage to ex- as one of his most essential elements, ing the last 2 years. Well, these num- pectant parents or to children less than as one of his eight principles for health bers are unconscionable, but I have to 2 months old.’’ Finally, it reads: ‘‘This care. say they come as no surprise. I have list is not all-inclusive. Other condi- One should not suffer in this country continuously heard from individuals tions may apply.’’ due to discrimination based on the and families who are struggling with I don’t think it was a doctor who color of one’s skin. Well, what about rising premiums and copays and who wrote this policy. I think it was some- the chemistry of one’s skin? If we’re are overwhelmed by medical debt. one who had his economic interests in not allowed to discriminate against In fact, as my colleague mentioned, mind and not the care of the people anyone because of what they’re think- Mr. MURPHY from Connecticut, the ris- who are looking for the coverage they ing, what about how they’re thinking? ing cost of care for unexpected illness need in order to guarantee they get the What about the chemistry of their is one of the leading causes for per- care that they’re going to require. minds? We are prepared in this Congress, I So I think it’s time that we apply our sonal bankruptcy. It is outrageous in a believe on both sides of the aisle, to civil rights that guarantee no discrimi- country like America that being sick step up and to face and to confront this nation to health care. When we do, could put a family into bankruptcy. I essential economic fiscal problem. It’s we’ll begin to guarantee access to af- think this is unconscionable. not just about your money. It’s about fordable care for every single citizen I have also heard from Rhode Island your life. This, after all, is the House of and legal resident. businesses that want to provide health Representatives. Some people back I yield back. coverage for their employees, but they home in Wisconsin think that we’re Mr. MURPHY of Connecticut. Thank simply can’t afford the time or, most trying to talk them out of their money you, Dr. KAGEN. importantly, the expense of providing and out of their lives. Dr. KAGEN has been such a great that coverage. Of course, workers who Tonight we’re going to have a con- voice on this. He highlights a growing are fortunate enough to have access to versation with one another and with issue that, I think, we can get bipar- health insurance face increasingly the American people about what is tisan agreement on, which is that daunting costs while many people are most important to you, and that is transparency of price, whether it be in- afraid that they’ll lose their benefits your health care. I’m hoping that, surance products or physicians, is all together. This simply cannot con- someday soon, we’re going to come to a going to be so important, and empow- tinue. The time for comprehensive time when we’ll have all prices openly ering consumers to make these deci- health care reform has come. This has disclosed everywhere in these United sions can be part and parcel of what to be the year that we fix health care States for all of the products. gets those costs down. in America, that we afford everyone Mr. MURPHY, last week when I was With that, I am very happy to have universal health care coverage. home, I had a ‘‘Congress on your Cor- my good friend from Rhode Island join I am pleased that, within the last few ner’’ at a grocery store in Waupaca, us today. I would yield to him. months, this Congress and President Wisconsin. While there, I didn’t get a Mr. LANGEVIN. I want to thank the Obama have already taken significant headache, but if I had had a headache gentleman for yielding, and I applaud steps to expand health coverage for and had wanted to buy some aspirin—I his efforts, along with Mr. KAGEN’s and children, to increase funding for com- took a picture of this. Now, some of my along with those of many of my other munity health centers and to invest in staff here in Washington think this is colleagues. I applaud them for their in- innovative technologies that will en- pretty cheap. You know, you can get terest and for their concern about the sure better treatments and outcomes Bayer’s cherry- or orange-flavored as- health care crisis that is facing Amer- for our future. pirin for $2.55. Right there in the mid- ica and that has been facing this coun- dle, you can buy a generic brand for try for decades. I am proud to join in $2.05, which is 20 percent less. What do the effort to speak out and to demand b 1845 you want to pay: more or less? It’s the that this Congress finally, once and for It is only with comprehensive health same medication. This price is openly all, addresses the health care crisis in care reform that we will achieve sub- disclosed. America and establishes universal stantive change that improves both our I think we have to have this type of health care. Nation’s health care system and the health care available, not just at the I particularly want to commend health of our Nation’s citizens. Fixing grocery store for aspirin products but President Obama for making this such our health care system is also critical at the hospitals and at the doctors’ of- a strong priority for his young admin- to ensuring that the U.S. remains com- fices and everywhere in health care istration. petitive globally in this international across the country, most particularly I thank the gentleman for yielding market, making sure that our busi- for health insurance policies. If at the and, again, for his efforts in organizing nesses can be competitive in the global end of the day we’re going to continue this Special Order. economy and will improve our vital to allow companies to be in the mar- Mr. Speaker, our country has seen a long-term economic growth. ketplace, like the offering I just read significant rise in health care costs to you, I believe very strongly they over the past several years. Again, this In the spirit of furthering this impor- should be compelled to sell the same is a national crisis, and it is probably tant dialogue on health care reform, I product to any willing customer with one of the most pressing domestic pub- have reintroduced my own universal no discrimination due to preexisting lic policy concerns of our time. We health care proposal. I’m calling it the medical conditions. have witnessed a growing population American Health Benefits Program Act If, after all, we have Federal stand- with longer life spans, with higher inci- which is designed to guarantee every ards in this country for almost every- dence of chronic disease, with greater American access to the same health thing, why don’t we have the standard income disparities, and with increased care coverage as Members of Congress. of a comprehensive health insurance levels of the uninsured, all of which put I think that this is the right thing to coverage plan that each and every in- a tremendous strain on our health care do for the American people. In intro- surance company must offer to any cit- system. Each of these elements has ducing this legislation, I’m not trying izen or legal resident anywhere in conspired to create an untenable situa- to reinvent the wheel. I want to look to these United States? tion that is being felt in hospitals, in a template, something that is already There is nothing wrong with having doctors’ offices, by individuals and working. This proposal is modeled after standards so long as we can meet those families, and by businesses. It poses a the Federal Employees Health Benefits standards. So I think these are some of threat to our long-term economic com- Program, or FEHB. It uses basically a the issues that are important, one of petitiveness and fiscal well-being. health insurance exchange template

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.121 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6141 while leveraging the power of the Fed- It is a pleasure to be here tonight most. So the notion of insurance and eral Government to negotiate with pri- with Members of the House to talk spreading the risk among our whole vate insurance carriers so that com- about health care. This is something population, which it’s supposed to do, petition for enrollees is based on qual- that obviously touches every one of us, is what has somehow gotten away from ity, efficiency, service and price. Basi- as 300 million Americans face health the insurance system as we know it, cally there is still a role for private care issues every day. Some of us don’t and that’s wrong. health insurers, but it uses the bulk have to think about them from year to So where are we? We’re at a place purchasing power of the Federal Gov- year other than maybe just a minor in- where I think Americans say and want ernment on behalf of the American cident or you have to go to see a doctor and know that they want to have some- people to get the best quality and the from time to time. Others face literally thing that’s stable, something that will best price for health insurance. chronic and life-threatening health sit- be there for them. They’re willing to Under this program, no one will be uations every day, and it hangs over pay a fair price for it. They want to be denied coverage or discriminated you. It hangs over you as just an emo- able to compete in their businesses. against based on their health status or tional and physical thing as it relates And the good news is our President, pre-existing condition. The goal is to to your body or your family, one of the many Members of the United States offer portable continuous coverage that members of your family. It relates to House of Representatives and the Sen- drives investment and disease preven- and hangs over you because of the ate want to do something about it, and tion and long-term preventative care costs and the threat of that over- we’re getting great support from across which decrease the cost of health care whelming cost and impact on your the country. We have got to get it over time. But most especially, it en- family’s wherewithal and to be able to right, but I think there’s a tremendous sures that when someone is sick, they do it. Certainly from the business com- amount of opportunity here. can go to a doctor and not worry about munity side, we hear from our small Let’s talk just very briefly about whether or not they can pay for it. businesses. I know in South Florida, what some of those notions are, those This proposal represents my own vi- where I come from, we’re a small busi- principles that we’re going to create sion for health reform, one that con- ness State, and so many small busi- this plan. There are a lot of ideas out tains cost, improves quality, increases nesses with five employees, people who there right now. We can certainly in- efficiency, promotes wellness, guaran- are self-employed, 10 employees, 50 em- vite Americans to talk to their Rep- tees universal coverage, and encour- ployees, they go through the same ex- resentatives and give us some input on ages the investment in treatments and perience year after year, double-digit what you think. cures for the 21st century. Each of increases with no experiences, nothing Number one, I think one of the most these principles comprises a key ele- that went on during the year that was important things is this notion of re- ment, an important goal within the na- a major cost factor that set off these storing the doctor-patient relationship. tional dialogue on health reform. Par- double-digit increases. And what hap- We have a lot of doctors. Dr. KAGEN is ticularly it contains the key elements pens is, they then have to make a deci- a doctor. I see our friend from Pennsyl- that President Obama has laid out as sion: What can I cut back? We are in vania who is going to speak in a few his requirements for fixing health care difficult times right now. Do I increase minutes. She has a doctor, I believe, as in America. the copayments? Do I increase the de- a husband and a son. There are a lot of It is clear that we are about to set ductible? Do I cut back on the scope of doctors in the Schwartz family. And I the scene for the next chapter of health care? Businesses want to provide think as patients we know the best care in America. And it is my strong health care. It creates loyalty from the thing we can do is have a long-term re- belief that by working together, we can employees to the business. It creates a lationship with a doctor who knows my create a truly inclusive and sustainable healthy employee and someone who is family history, knows my history. Not model for health care that meets the able to come to work every day, some- that I have to change jobs and change needs of our children, adults and sen- one who you’ve invested a lot in to doctors, or my plan knocks this doctor iors regardless of their income level, train that employee. You also have off the panel, I have to find somebody employment status, age or disability. large businesses that can compete else. So let’s go back to the notion of We are all stakeholders in this impor- internationally. They know that the having a doctor-patient relationship tant debate, and we will all have a role costs of producing something with that whose decisions are not dictated by to play in health care reform. I look added double-digit increase of health people who are outside of the medical forward to working with my colleagues care cost impacts the cost of the prod- field, insurance companies, managed to offer fresh solutions and create a uct that they are selling worldwide and new vision for health care in America. care, et cetera. Let’s put that in place. competing with other countries which Number two, let’s make sure that as The time has come. This is the year. somehow integrate the cost of their we go forward that people who like We’re going to get it done. I want to thank my colleague Mr. health care into their government op- what they have in the insurance world erations or just in a lower cost way. can keep it. I mean, there are a lot of MURPHY and all of my colleagues who We now have a dynamic in place here have joined in this Special Order to- people who like what they have. I that’s been around, but I think it has night in this effort to fix health care in wasn’t out here criticizing everybody. finally hit the point where there is a America. Some people are very comfortable with Mr. MURPHY of Connecticut. I coalition of people all across America the plan that they have. They should thank the gentleman from Rhode Is- that are saying, we need change. And be able to keep it. Nobody is saying land. You have been such a leader in we don’t want nipping around the you shouldn’t be able to have it. Keep this Congress for years on the issue of edges. We don’t want some small little it. It’s good. Let’s stick with it. We health care reform, especially, as the thing that isn’t going to make a dif- want to provide tax credits to small world knows, on the issue of stem cell ference. We have fundamental prob- businesses and individuals to make investment. We know that one of the lems. We have cost problems. We have coverage affordable. In other words, ways that we’re going to get savings coverage problems in some cases, pre- again, it’s not mandatory as we know ultimately is by stimulating the next existing conditions. I know anybody it right now. So encourage businesses round of breakthrough treatments and this in this room I can speak to and by doing it with tax credits to make it cures that are going to save lives but people listening tonight, everyone affordable. We want to certainly end also save money. could talk about a family member, a this practice of eliminating pre-exist- With that, we’ll turn to my very good neighbor, a friend who has breast can- ing conditions from coverage. Spread- friend and classmate from Florida (Mr. cer or some other chronic condition ing the risk is a very simple principle KLEIN) for some wise sage words. that when you need that insurance the that could be done with a pen, and Mr. KLEIN of Florida. Thank you most is when it will be unavailable to we’re all set. So that’s a principle that very much. I appreciate the gentleman you because if you change jobs or you has to go in there. from Connecticut and his characteriza- are getting a new policy, they will be We want to make sure that whatever tion of ‘‘wise sage words.’’ I will try excluding coverage from that pre-exist- we put forward invests in preventive not to disappoint you. ing condition when you need it the and well care medical coverage. I take

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.123 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6142 CONGRESSIONAL RECORD — HOUSE June 3, 2009 Lipitor or I take something for choles- it’s important for our constituents and health care that you have right now, terol. It’s a family history thing. A lot for the American people out there to you can keep it. And that is clearly of people take it. It’s just something really do a little investigation when true for the people who wear the uni- that keeps me healthy. If I didn’t take they hear the pundits on TV or the form of this country or who did and it, I would have cholesterol. Dr. KAGEN leaders of the Republican Party talk- who now are eligible for VA benefits. could probably tell me how I should ing about President Obama and social- b 1900 change my diet. I do run. I try to keep ized medicine or the Democrats’ plan in shape. But the bottom line is, I take for a government takeover because all In fact, between the stimulus pack- it as a preventive tool. There are lots you’ve got to do is scratch the surface age and the budget that has been pre- of other tools and things that we can there, and you will find out that really sented by the administration, what we take, plus exercise programs and other what we’re talking about is some pret- are seeing is an unprecedented new in- things. But we should incentivize be- ty important and I think broadly vestment in military health care and havior through our health insurance agreed upon reform and that the bogey- in veterans’ health care. We have great scenario. Just the last couple of items man and the straw man that gets new leadership at the VA in General before I turn it back to my colleagues, thrown out there in terms of termi- Shinseki and Tammy Duckworth, who we want to ensure that we’re using nology that doesn’t have any place in are totally committed to making sure science-based information, that when this debate can easily distract you that this system is improved and, in decisions are made, it’s based on from what is really a pretty unifying fact, expanded to keep the promise for science and not some of these non- debate that’s starting to happen here. I people who served in our military. And science-based concepts. I mean, science appreciate your words. the efforts that we are going to be really relates to the best individualized One of the things you mentioned was talking about over the next 2 months treatment and care. the importance of getting at this issue completely leave that system intact in Then, of course, we have to crack of pre-existing conditions. Representa- toto. down on the waste, fraud and abuse. tive COURTNEY has been a great leader, What is ironic, though, is that en- There’s a lot of money in this current offering his own legislation on that emies of reform are using the argument system here that is a lot of waste. We issue. I am glad to yield to the gen- that we are taking away a government- have to fix all that, you know, wring it tleman from Connecticut run system at the same time that they tight so we can make sure that that Mr. COURTNEY. I thank the gen- are attacking the reform effort as money is being spent directly on health tleman for yielding. being too much government. Make up care. These are principles—and there Again, like the others, I think this is your mind. Either one doesn’t work are others that we’re working on—that an incredibly important moment right and we should get rid of it, or if it does I think most Americans approve of and now not only this evening but this work, well, maybe we should take some support. I think this is the construct summer. The summer of 2009 I think good ideas that exist in the military by which the various ideas are being will go down in history really as one of health care system and in the VA and discussed here in Washington and are the great movements forward by our apply them towards the populace at part of that discussion. There may be country really at the level of when we large. We know in terms of electronic details which we may not all agree 100 passed Social Security, Medicare, Med- medical records that probably the most percent on, but this is something that icaid. And I, like you and the other highly developed and advanced system the time has come. The time has come speakers here, understand that; and in American health care is military for peace of mind for every American, getting this debate started and getting health care as far as electronic medical for every business to know that we’ll the facts out I think is the best way to records. Doctors in Landstuhl hospital have a stable health care system that make sure that we move forward and in Germany can track the charts of our will support Medicaid, support Medi- get this done. soldiers who are recuperating at Walter care, and on the private side, very im- I wanted to just share briefly an ex- Reed hospital or other military hos- portant, most of us will get our care perience I had at the Congress on the pitals around the country. They can from the private side. We’ll have that Corner that I think is important be- just pull it up in ways that in the civil- opportunity to know that it’s cost-ef- cause there clearly will be, as we go ian system don’t exist today. Again, I fective, and it will give us that nec- further into the summer, forces out would just argue that rather than essary coverage. there that are going to use misinforma- using government as sort of an exam- I thank the gentleman from Con- tion and fear as a way of trying to stop ple of inefficiencies, the fact is that the necticut who brought us together to- the change that Mr. KLEIN described a military has shown that they can actu- night. I know being from South Florida few moments ago. At my Congress on ally organize a sound, comprehensive and having a tremendous amount of the Corner, which was actually at a system that provides high-quality care. senior citizens who depend on a good somewhat sort of off the beaten track Lastly, I just wanted to, because, quality health care system and a whole or place, it was actually at a military again, some of you have already spoken lot of families that are very interested PX, at the Navy base in Groton, Con- very powerfully and eloquently about in making sure their families are cov- necticut, where we set up our tables as the fact that we have an insurance sys- ered as well, we’re working to make active duty sailors, their families and tem that has run amok. We come from sure that we take care of them the retirees were going in to do their shop- the insurance capital of the world, Con- right way here. ping. I had an experience which I just necticut. Your family and my family Mr. MURPHY of Connecticut. Listen- wanted to share with you, which was have people who worked in the insur- ing to the gentleman from Florida, I’m that many people, because of some ance industry. In the good old days, in- reminded—you were down here with us urban myth that’s out there, and surance was about pooling risk and the last time we were doing this. I got whether it’s talk radio or the Internet sharing risk and using it as a mecha- an e-mail not long after from a family that is sort of propagating it, is spread- nism to help cover people in terms of member who comes from the other ing the claim that the Obama health dealing with accident, disease and side, both the partisan and ideological care plan is going to take away chronic illness. Obviously, it has gone side of the aisle. And he said, you TRICARE from our military and from off in a different direction. It is about know, be careful. You keep on talking retirees who are eligible for it. I just avoiding risk in terms of the way in- about this. You know, it makes a lot think it’s important on this floor as surance markets are set up. We are not more sense to me. I am struck by the clearly and as loudly to make the point about dismantling the system in toto. principles that you have laid out be- that that is absolutely flatly untrue, But what we are trying to do is rees- cause I think that a lot of our friends that the veterans’ health care system, tablish it and go back to its roots in on the Republican side of the aisle, ei- the active duty health care system is terms of creating health care systems ther here or out in the world, aren’t going to be completely unaffected, as that pool risk and share it and do it in going to find a lot of disagreement Mr. KLEIN said. It is an example of a way that actually gets back to the with a lot of things that we’re talking where the basic principles of this ef- basic principles of when the insurance about this system doing. I just think fort, which says that if you like the was first started. The whaling industry

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.124 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6143 in Connecticut created a situation works very well or extending health able to keep that. Hopefully it will be where the whale ship owners realized care coverage for children, the CHIP less expensive for the employers. And they had to do something about losing program which we all really worked so for the group in particular that is so ships. And that was the birth of insur- hard on, I know some of us in our hard to access health coverage, these ance in Connecticut. States, certainly I did, back in Penn- small businesses, individuals, they are I will spare that history lesson and sylvania in 1992, but even here on the going to be able to find a way to find yield back. Again, my compliments for floor, making sure that children of affordable, meaningful coverage. Mr. organizing this debate. And again, I do working families had access in most COURTNEY didn’t even talk about his think this is a summer that historians cases to private health insurance, to preexisting condition bill, which is will write about. And the discussion affordable private health insurance. really very important in making sure here is going to be an important part of But the fact is that we are here be- that when you buy insurance to find it. So I yield back to Mr. MURPHY. cause it is also an economic impera- out maybe years later that you don’t Mr. MURPHY of Connecticut. I tive. And we know that from hearing it have coverage for a condition because, thank you, Mr. COURTNEY. from our businesses, small businesses in fact, they found some reason that There is, and you can feel it, I hope, and large businesses, saying that they this was a preexisting condition, is from the folks that are on the floor cannot be economically competitive really just not acceptable anymore in today, an enthusiasm and an optimism because of double-digit inflation and this country. We should make sure that we have that I don’t think we inflationary costs of health premiums that coverage is meaningful. have felt in this House for a long time. for their employees. A business owner I do want to just say on the delivery The forces are aligned in a way that just told me the other day that their system, we have already taken a very they have not been in a long time to rates went up 40 percent from one year major step forward in putting some get this effort done. And I think your to the next. That is just not sustain- real dollars into the system and under point about people wanting to stand up able. Medicare to incentivize our hospitals the public health care system as an ex- So we need to address that because if and our doctors to use electronic med- ample of what needs to remain and they are going to be economically com- ical records. Interoperable—that means then also tear it down I think is a real- petitive and continue private health different doctors and hospitals can see ly good comment. I’m reminded of a benefits where the cost-sharing is rea- what is going on, patients can see what point made by a political columnist sonable with employees, we have to do is going on to them, go and check their who talked about one of the statistics something about the escalation in own records potentially, which is a that is very often used by the side costs in health care. very exciting way to empower patients. backing up the status quo, which is And third, of course, is as a govern- Under Medicare, we are going to say that in the Canadian health care sys- ment we are spending money that is that physicians and doctors in this tem, you have to wait weeks, if not growing again in unsustainable rates country are going to use electronic months, for a hip replacement surgery, under Medicare, and we need to contain medical records. And this way they and here in the United States you can the growth of those costs. And again I won’t duplicate unnecessarily tests. get it pretty immediately. What they think I would reiterate what was said They will actually be able to find out if fail to point out is that 70 percent of before is that we believe that Ameri- a patient filled the prescription and if hip replacement surgeries in the cans should have access to quality they are taking the medication, and if United States are paid for by Medicare, health care. They should have access to not, give them a call and say, you are paid for by a government-run doctors, to be able to continue to have haven’t been back in 2 months, you’re health care system. And so we, through relationships with their doctors, ongo- early diabetes and you really need to our public payment system, already do ing relationships. But we also think be taking this medication. You really a pretty good job of getting people the that we can do three things. We have need to be monitoring what you eat. care that they need. The fact is they to be able to contain costs. And we can And if you don’t, you’re going to get a spend a lot less money on health care be smarter and more efficient and more lot sicker. Why don’t you come in and in Canada than we do here. And we are effective in the way we provide health we will talk about that? Wouldn’t that not even talking about cutting back care in this country. And I will talk be something if a doctor gave you a the amount of money we are spending. about that in a minute. call and said that? We are simply talking about trying to But secondly, we have to improve the One of the ways we can do that is restrain the rate of growth. By reor- quality of health care. We actually pro- making sure that we have adequate dering the money that we already have vide a lot of health care. And not all of primary care in this country. And we in the most expensive health care sys- it is exactly what you need and maybe don’t. We don’t have enough primary tem in the world, we are going to be more than you need, sometimes less care providers. I just had a conversa- able to get good care. We will have than you need. We have to get that tion with another Member representing short waiting times and access to all right. And we can. a rural area. And he said, I represent a the people that don’t have it. And then we have to extend coverage small town. There are not enough pri- So with that, I’m so glad that Rep- to all Americans because Americans do mary care doctors. I You know what, I resentative SCHWARTZ has joined us on put off health care that they ought to represent a suburban/urban district and the floor. Whether it is standing up for get. They go to emergency rooms be- we don’t have enough primary care primary care physicians or being a cause there isn’t a doctor for them to doctors. This is a problem across this leader in this Congress on the issue of see. And they often don’t fill a pre- country. health care IT, I’m so glad to have you scription because they simply can’t af- In 1998, half of the medical students joining us here. ford to. They don’t follow the rec- were choosing primary care. Well, just Ms. SCHWARTZ. Thank you very ommendations of health care providers. now, we are actually looking at 20 per- much. I’m very pleased to join you. I I agree with Mr. COURTNEY. We are cent choosing primary care, and they want to acknowledge the really good here in a moment when we can find a expect that number is going down. And work, Mr. MURPHY, you have done in way, where we can, in fact, contain the so there is a reason why we can’t find having these kind of dialogues on the growth of costs, extend coverage and a primary care physician. They aren’t floor and talking about health care and improve quality for all Americans. And out there. And while we all want to how important and how possible it is that is what we want to do. We are have our specialists when we need for us to actually find a uniquely going to do it in a uniquely American them, having the access to primary American solution to the problems way, which means it will be very much care is extremely important to making that are facing us, and to just reiterate a public-private partnership. And we sure you get the kind of care that you a little bit, which is why we are here, will build on what works in the system, need and that you get it in a timely why we are talking about this. It isn’t which is that most Americans get their fashion and that you have somebody only because it is a moral imperative; health coverage through their employ- help you figure out what specialist to I know many of us have worked par- ers, 55 percent of the insured get it go to and figure out what kind of care ticularly on making sure Medicare through their employers. They will be you need and hopefully help you stay

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.125 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6144 CONGRESSIONAL RECORD — HOUSE June 3, 2009 healthy and help those, particularly the VA was successful in negotiating a existing discrimination is part of this with serious chronic diseases, have on- steep discount for a given medication, I bill. going care. think that price ought to be available Ms. SCHWARTZ. I just want to men- I see you all nodding. You’re prob- to anyone who is willing and in need of tion a couple of answers. I was also ably ready for me to conclude. But this that medication. And Mr. KLEIN from going to say it prevents people some- is something I think people do as part Florida mentioned that he might be times from leaving a job. Sometimes of health care reform. As we move for- taking a medication. Is there any rea- they say, you know, I don’t know if my ward, there are a lot of different pieces. son that it continues to exist today next job’s going to have the same It is complicated. It is not going to be that if I go into a pharmacy anywhere health benefits. Can I risk taking an- easy to do. We have to believe in each in the country, if all four of us are in other job? And you have sort of a job other that we can do this right and line to get the same exact prescription, lock in that situation. And, of course, that we can get it right. And that is the same number of pills, we are going as we know, because of the high cost, a what we are trying to do. The next 8 to pay four‘‘ different prices for the lot of employers are passing it along, weeks will be very important to the same thing? I think not. I think we there’s more cost sharing. American people, to American busi- have to have complete transparency, But there are several answers to this. nesses, to the sustainability of pro- and the price that one should pay for There’s a bill that’s been introduced, viding quality health care to Ameri- medication is the lowest price avail- we hope to get done, that requires cans. able within that community, and that transparency in the language that’s I look forward to working with all of price should be openly disclosed. used in insurance policies. All of us are you to get it done. And no one put it better than one of supposed to read that fine print. Well, Mr. KAGEN. You have got me all ex- my constituents. Kaukauna is another I don’t know how many of us really cited now. It has taken so long to get city that Barack Obama has visited in read the fine print. And the fact is that to this point. It is very frustrating. my district. I tell you, this guy, even if you do, you may not really Back when we first got here, the class Obama, is everywhere. Sally from know what it means until you’re faced of ’06, we got to initiate bills in ’07 in Kaukauna said, ‘‘Our prescriptions cost with the situation. So there’s a bill I worked on with the first few months. And as they say $1,000 a month. This is a very big issue Congresswoman ROSA DELAURO, and it here, I dropped a bill called ‘‘no dis- for us.’’ Well, heck, yeah. If you don’t says about language, if it says, I’m crimination’’ to apply our constitu- have the money, you’re not going to going to cover hospitalization, well, it tional rights to prevent us from being get the medication you require just to means the same thing whichever insur- discriminated against, to prevent the survive. So I would submit to you that ance company is selling it. So if you’re insurance companies from cherry-pick- it is time to end discrimination in going to look at that, you will know ing people out. health care. And when we do, that form what’s covered and what isn’t and then I don’t know how it is in Pennsyl- of discrimination that takes place at vania, but in Wisconsin, in my neigh- be able to decide whether that’s the the pharmacy where Mr. KLEIN might kind of policy you want or not. borhood, I grew up in a neighborhood. get charged three times what the per- But that neighborhood has been The others we also—there’s legisla- son in line next to him is charged for tion that I also actively support that chopped apart by the insurance indus- the same medication, to me that is a try. The insurance industry was al- says that small businesses should be form of discrimination. I think it is able to band together to use their pur- lowed to separate Mrs. Koss or Mr. time that that form of discrimination Romer out of the risk pool because chasing power to buy insurance in the came to an end. We have to have open- private marketplace. they had some condition they didn’t ness and transparency for prescription And third, something that we can do want to touch or insure. And it has drugs and be allowed to negotiate for a to help individuals as well as small gotten to the point now where even lower price. businesses is to do something called some mothers may be split from their b 1915 community rating. So you say it’s not family because they have a condition, this small business that has five em- Mr. MURPHY of Connecticut. You and their children can be insured but ployees, somebody gets cancer, well, know, Mr. KAGEN, the discrimination they can’t. So I like the idea that we they’re rated on that experience. Their finds itself in a lot of different corners. are going to get primary care and ac- rates can go skyrocket the next year. cess to primary care. But as you know, It’s not just you, as an individual, who What you can do instead is say we’re we don’t have enough doctors and may not be able to get that insurance. going to tell the insurance companies nurses right now. So we have to invest But it prevents you from going out and sell insurance, but the records have to in a possibility to make sure that our getting employed or reemployed, be- be set not on the experience of that students can go to school and perhaps cause that discrimination is against small group but on the experience of have their funding paid for through you individually, but also against your the broader community. We’re going to medical school and in return give us employer, that if you have a small em- really spread that risk. That’s how in- those years back in terms of service in ployer who’s looking to go out and get surance is supposed to work. Share the primary care where that need most ex- health care for his five or six employ- risk more broadly, come up with a ists. My district is a rural district. I ees, that insurance could potentially be community rating system that’s fair, would point you to the rural district of double for your pool of five or six em- that the businesses or individuals northern Wisconsin. ployees if one of them happens to have would pay but isn’t, one by one, based As Mr. COURTNEY has brought out so a preexisting condition. on your conditions, your gender, your elegantly about the VA system, I So, you know, it’s really a triple age, and to be able to go forward on would ask this question not only to whammy for somebody that gets sick that. him but to everybody in the country: Is and has expensive care: one, you have We can do those things. Those are there any reason why a soldier served to deal with the limitations on yourself just changing the rules of the market- only for himself or herself to get that through that disease; two, you may not place, and that will make it more af- benefit at the VA at the pharmacy? If be able to get insurance to cover it. fordable, more accessible for more a soldier has a VA benefit and has a You may have to pay for it out of your Americans to be able to buy health in- discount, a medication available at a pocket; and three, you may not even be surance. lower price, is there any reason not to able to be employed because employers Mr. KLEIN of Florida. Will the gen- provide his or her entire family with today are going to say, Forget it. Even tlewoman yield? that same medication at that price? though that guy might be the perfect Ms. SCHWARTZ. Please. And what about his neighborhood? person for this job, I might need that Mr. KLEIN of Florida. I think that’s What about his community? In fact, person to fill that slot. It’s going to an excellent point. And again, if we what about the whole United States? break my bank if I have to put that think about what insurance is supposed No soldier today is serving in Iraq person on the insurance rolls. And to do, it is supposed to spread the risk. and Afghanistan for him or herself. that’s another reason why we have to Yet the experiences that small busi- They are there for our Nation. And if make sure that the elimination of pre- nesses have with 8 employees or 1 self-

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.126 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6145 employed or 10 is they get a different that lots of people are in and you can But all we think is that individuals pricing than somebody who’s negoti- spread the risk. and businesses out there should have ating for 10,000 people. A major cor- So, again, to me the excitement right that choice, like I have the choice to poration that negotiates for 10,000 or now is lots of good ideas are coming buy private health care in the market 100,000 lives has a much—we call it the forward, and I think we’re going to be or join the Federal employees health economy of scale, but it is also the in- able to get there, and let’s just engage care plan. surance company saying, All right, we the American people in the right an- Ms. SCHWARTZ. Just to reiterate, I have a large group. We can spread the swers. think what we want to really be very risk. Mr. MURPHY of Connecticut. And, clear with our constituents and with Well, why should that be any dif- Mr. KLEIN, when you talk about it like all Americans is that we are looking ferent than you take your small busi- that, it is common sense. When you for creative ways to increase the ness and your small business, and in talk to a small business out there and choices and increase access. And again, Fort Lauderdale where I’m from or you tell them, Listen, what do you it should be affordable. It has to be Delray Beach or wherever, you’ve got think about having the option, up to meaningful coverage. We have to make all these small businesses, 8 and 20 and you, to purchase into a plan that is run sure we have the delivery system that 110, and let them combine together and or administered by the State of Flor- works. purchase policies. And that is just a ida? The State of Connecticut, we’re We also think that this is a shared basic right of free enterprise to be able looking at doing the same thing, or the responsibility. I certainly do. This is to do that. Federal Government. If it costs you something that we’re asking individ- I’m going to toss out another idea be- less, you know, people are going to uals to take some responsibility, em- cause, again, a lot of this thinking that raise their hands by the droves because ployers to take some responsibility, we’re talking about is common sense. you’re giving them more choice. Right we’re asking insurance companies, and It’s not out-of-the-box thinking; it’s now they may be, you know, if you’re many of them are stepping up to the just common sense. in some States in this Nation and you plate saying, We can do this. Many big When I was in the Florida legislature are looking to purchase an individual companies are also saying, We’re doing a number of years ago, we were looking policy or a group policy, you don’t some really innovative work on preven- at various ways to fix the health sys- have a lot of choice out there. It’s Blue tion and health care for our own em- tem, because, unfortunately, despite Cross/Blue Shield or— ployees. We’re encouraging them to your good efforts and others for the Mr. KLEIN of Florida. Would the walk and to eat right. And, obviously, last number of years, nothing was real- gentleman yield for 1 second? I think we should do that for school ly happening of any major con- Mr. MURPHY of Connecticut. Of kids and all of that as well. sequence. And we said, Well, what if we course. So there’s not really a single answer allow people to purchase into the State Mr. KLEIN of Florida. I want to here. The issue is how can we improve of Florida health insurance plan? make it perfectly clear, if I didn’t the delivery system, the health care Or let’s use the Federal system. We make this, when I say State of Florida system you encounter so you get the have hundreds and hundreds of thou- or Federal Government, the State of best kind of care you might, that we sands of people in our Federal system. Florida doesn’t own an insurance com- make sure we have the right kind of Okay? Members of Congress and every- pany. It could be Blue Cross or United, providers working at their scope of body else gets to buy this, and it’s a any combination of private companies. practice, as we call it, and really pro- typical plan. The government pays a So it’s the Federal Government viding you with the right kind of care. piece of the premium and we pay a through our Blue Cross or whatever it But all of this has to work together. piece of the premium. Okay? What if may be. It’s private companies offering One of the reasons we’re looking at we allow people to buy into the Federal the insurance. But the beauty, of all of these issues at once is because we plan? Okay. Not on the Federal Gov- course, is the spreading of the risk. know it makes a difference if we can ernment’s dime. No subsidy whatso- Mr. MURPHY of Connecticut. And contain costs, if we can get everyone ever. Whatever the cost is, the admin- giving people choice. I mean, I think coverage, if we can actually improve istration and the policy and everything that this really gets back to the fact the delivery system, then all of us will else, purchase into that. that if consumers—and Mr. KAGEN was be better off. But it takes—it’s not Well, we did some research on this to talking about this at the beginning. If really the government doing this alone the State of Florida plan, which is not consumers know what they’re buying, by any means. We’re hoping to be a that much different than the Federal if they can really compare the cost of trigger for some of this, and we have plan, and we found that if you take a A to B, and as Ms. SCHWARTZ said, they asked all of the stakeholders to par- small business that was trying to buy a know the terms of what they’re buy- ticipate. policy, the same policy, apples and ap- ing, they’re going to make smart Yes, the insurance industry, the ples, the price was almost twice what choices. pharmaceutical industry, the hospitals, it would cost if they paid the full out- And many of us here in Congress who the physicians, and they’ve really been of-pocket cost in the State of Florida would like for individuals to simply at the table, a lot of advocates for the plan. have the option to buy into even the different groups as well, and so have Now, of course, our friends in the in- plan that as Federal employees and we. We all bring our personal experi- surance industry were not interested in Members of Congress we have the ben- ences, some of them good, some of supporting that because they like the efit of getting, we want them to have them not so good in the health care idea of the small groups buying indi- the option of doing that. If it costs less arena, but we all recognize that we vidually. And they said, Well, it’s going in their particular region of the coun- could be without health care coverage. to change the risk assessment. try, great, they’ll buy it. If it costs We could be without access to the You know, where there’s a will, more somewhere else then maybe they health care providers that we need, and there’s a way. That’s my attitude won’t. But no subsidy from taxpayers, we never, none of us, want to be in that about this whole thing. So again, I no check from the general treasury, situation. And, unfortunately, it’s true think as we’re going through this dis- just the cost of providing that plan. for too many of our neighbors, too cussion, maybe we can talk. I know And the fact is that the plan that is many of our constituents. And it’s some of the Members of the Senate and run or sponsored by the Federal Gov- about time for us to step up and say we some House Members. I think that just ernment, it might be cheaper for peo- again are going to find a uniquely may be another way of offering alter- ple because maybe it doesn’t have the American way to address these issues natives, options to people. Let them same profit motive that the private in- for our constituents and for our coun- purchase into a large plan like the Fed- surers have. Maybe it’s found a way to try, and we’re all going to be better off eral Government plan. get administrative or marketing costs for it. Again, the U.S. taxpayer is not sub- down. Maybe it doesn’t have to return Mr. KAGEN. Thank you for yielding. sidizing it. Whatever the cost is, it is. money to shareholders like private I’m just reassured, I’m more reassured But you get the benefit of a large plan plans do. tonight, I’m more optimistic tonight

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.127 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6146 CONGRESSIONAL RECORD — HOUSE June 3, 2009 than ever before that by working to- serted by the Senate, and the Senate weekend was the President’s Day week- gether, not just as Democrats and Re- indicated that AIG executives should end. So the bill was filed at about mid- publicans or Libertarians or Independ- not receive exorbitant bonuses unless night on Thursday night and it was ents, but as Americans we’re going to there were some conditions put on it. brought to the floor. And rather than having 48 hours, we had 90 minutes—90 come up with the solutions we need, as b 1930 you say, to find this uniquely Amer- minutes—to read a thousand pages of ican solution to our health care crisis. That legislation, that section of the how the hundreds of billions of dollars It’s going to happen. And, as we said stimulus bill was authored by a Demo- were being spent. And son of a gun, it tonight, in part it’s going to be by crat and Republican: Senator SNOWE, got missed that this paragraph was in leveraging the marketplace, using the the Republican of Maine, and Senator there protecting the AIG bonuses. marketplace to leverage down prices WYDEN, the Democrat of Oregon. And The next day, if you remember the for everyone. the House version was silent. And then news, Mr. Speaker, everybody was After all, for those of you who are lis- it went into this conference committee shocked. The President was shocked, tening tonight, do you want to pay the and, Mr. Speaker, you know well that Members of Congress were shocked. We higher price or the lowest price for the when we pass something and the Sen- can’t believe it. We couldn’t believe medical care that you need? Today the ate passes something and they’re not that $173 million was going to be given price is whatever they can get. exactly the same, we have to have a out to AIG executives in the form of So I look forward to working with all conference and we have to work out bonuses. How can this happen? You my colleagues on the floor in the House the details and resolve things. have to do something about it. You and working with the Senate to bring So there was a conference com- have to lock them up. about the solutions that we need. mittee. Sadly, there weren’t any Re- They came up with a goofy idea to Mr. MURPHY of Connecticut. Mr. publicans on the conference com- put a bill on the floor—and I said it KAGEN, as a closing comment I will mittee. The conference committee was wasn’t a fig leaf, it was a fig tree—that just say that, as much agreement as comprised of all—completely of Mem- we should tax these bonuses at 90 per- we’ve had over the last hour, there’s bers of the Democratic Party. And in cent. And oh my gosh. First of all, the going to be disagreement. There are that conference room, somebody took thought that we would use the United going to be people that try to stand in out the Snowe-Wyden language that States Tax Code to punish people that the way of this change happening. And put restrictions on the AIG bonuses we’re mad at to the tune of 90 percent there’s a memo circulated by a Newt and instead put in this paragraph, is nuts; but then secondly, if you look Gingrich pollster going around Wash- about 50 words over there to my far at the top bonus receiver at AIG, he ington now and around the circles that left, that not only removed the Snowe- was getting $6.4 million. And so if we’re want to stop reform from happening, Wyden language but it put in that really, really mad at them, why are we and it sort of lays out the case for how paragraph—and that paragraph, if you only taking 90 percent away from them in taxes? Why don’t we take the whole you can stop health care reform. But read it closely, indicates that not only thing? That guy or gal—I don’t remem- it’s interesting because one of the un- were we not going to put restrictions ber if it was man or woman—still got derlying points of that memo, based on on the AIG bonuses but that specifi- cally protects them because it says any $640,000. the polling that this pollster had done Somebody in my district making around the country, was that this year bonus that was entered into before February 11 of this year—which hap- 40,000 a year has to work 16 years to get you can’t be for nothing. This year you $640,000. So clearly stupid, clearly peo- have to be for something. pens to be the date that the stimulus bill passed, the conference report ple were embarrassed. Now, he undergoes a very cynical So we have been on the floor the last passed—is protected and you’re not analysis of how, in the end, you stop little bit, and most people who grew up reform from happening. But the mes- going to mess with it. Well, a lot of people were embar- in my generation are familiar with the sage, even through this conservative very fine Hasbro game Clue, and we rassed, and I would dare say—and I Republican pollster, is clear: People have been trying to determine how don’t cast aspersions on my Demo- want change. And I think they’re going that paragraph got into the bill ’cause cratic friends. I suspect a lot of them to get it this year. nobody wants to claim it. It just all of didn’t know about it. But every Demo- I thank the Speaker for giving us a sudden showed up, but we know that crat in the House of Representatives this time, and we yield back our bal- can’t be right. Somebody had to phys- voted for the stimulus bill with the ance. ically take out the Snowe-Wyden lan- AIG bonuses protection language in- f guage and put in this language. cluded in it except for 11, and every Re- THE STIMULUS PLAN So we do have a game of Clue that publican voted against it. And we had we’re working our way through. And I The SPEAKER pro tempore. Under made kind of a simple argument. If you think, hopefully, we’re going to be the Speaker’s announced policy of Jan- remember, the stimulus bill was a close to solving it. uary 6, 2009, the gentleman from Ohio thousand—it was over a thousand pages And just around the board, Mr. (Mr. LATOURETTE) is recognized for 60 long and it spent upwards of $790 bil- Geithner, who is the Treasury Sec- minutes. lion of taxpayers’ money. And we had retary, Rahm Emanuel—who happens Mr. LATOURETTE. Mr. Speaker, I sort of this novel idea, and that was to be the President’s chief of staff— thank you for the recognition, and I maybe Members of Congress should CHARLIE RANGEL, who is the Ways and thank the minority leader for giving have the opportunity to read the bill Means chairman, Senator DODD from me the opportunity to take some of the before we are asked to vote on it. Connecticut, who was the chairman of Republican time this evening. And So the Tuesday of that week we had the Senate Banking Committee, the we’re going to talk about a couple of a motion on the floor and everybody, Speaker of the House, Mrs. PELOSI, and things that, one, we’ve talked about every Republican, every Democrat the leader of the Senate, Mr. REID of before, and two, we’re going to talk voted that we would have 48 hours to Nevada. about this mess. read the bill. And as a matter of fact, If you remember, in the game of Clue Never in my lifetime did I think that it further stipulated that it would be you have to identify where the thing the United States of America would put on the Internet just in case some of happened, what was the weapon used not only own a lot of banks in this our constituents were wondering how and who did it. And over the last cou- country, but also two of the big three the government was going to spend $792 ple months we’ve made amazing automakers are soon to be owned by billion of their money. progress. We know that the weapon the American taxpayers. A funny thing happened between used was a pen—might have been a The first issue of business, just to do Tuesday and Thursday at midnight, computer but we’re going to go with a some cleanup, you will recall, Mr. and that is apparently the President pen. We also know from the President’s Speaker, that earlier in the year, in had promised he would have the stim- reports that it either happened in the President Obama’s stimulus bill there ulus bill on his desk for signature for Speaker’s office where there was shut- was a provision, originally it was in- the President’s Day weekend, and that tle diplomacy going back and forth, or

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.128 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6147 the conference room. And now we just benefits, retirement benefits to Chrys- it to make sure that he wasn’t saying have to get down and figure out who ler. we saved 30,000, but we couldn’t save did it because nobody is willing to And one plant in my district—I’m the other 9,000. And the answer was, stand up and say who did it. from northeastern Ohio, Twinsburg, Absolutely not. The President was just Mr. Geithner, the Treasury Sec- Ohio, stamping plant there, 1,200 people giving us a round number and there retary, has testified that he got in- employed—they went and they said, would be no disruptions to people’s structions from Senator DODD’s staff. Look, we want to keep our jobs and so lives and no disruptions to the commu- Senator DODD says, Okay. Maybe we even though these are pretty signifi- nities. put it in but we did it at the request of cant reductions in pay and benefits, Well, son of a gun, that afternoon the Treasury. We ruled out Mr. RANGEL we’re going to vote for it. And they did. there was a pretty famous picture in because we don’t think he had any- Eighty-eight percent of the auto- most of the newspapers of this young thing to do with it. But Mr. Emanuel, workers in Twinsburg voted for the guy with a truck taking these bankers the Speaker, and the majority leader contract. They were further boxes into the bankruptcy court up in were in the room when the deals were emboldened and happy because this New York. And buried in that set of being cut. And so we’re just trying to paragraph that’s on this chart was spe- documents is an affidavit by a guy figure out who did it. cifically bargained for by the named Robert Manzo. Mr. Manzo hap- And it would be nice so we could Twinsburg workers with Chrysler—and pens to be one of the consultants who move on to other things if the person you can read it for yourself, Mr. Speak- was guiding Chrysler through this that did it would come forward and er—but it basically indicates that process. And in there it identifies eight say, You know what? I wrote those 50 Chrysler has agreed to bring more plants and 9,000 people that are going words to protect $173 million in bo- work to Twinsburg. So 88 percent of to be shut down, including the nuses at AIG and here’s why I did it. the people voted for it. And as a matter Twinsburg plant. And, clearly, that But sadly, we haven’t had anybody step of fact, all across the country the con- came as kind of a shock to people. And up to the plate and be willing to talk tract passed pretty handedly. I have an article that talks about— about that. Then you fast forward to Thursday. they interviewed the President of So we filed what’s known as a resolu- Thursday, if you were interested and Local 122 in Twinsburg, and he said, tion of inquiry, and if there is a very you are a Member of Congress, you Well, what do you think? And his re- cooperative bipartisan person in the could get on a conference call with the sponse—Doug Rice is his name—he story, it’s BARNEY FRANK, who is the President’s automotive task force and said, I don’t know if I was told the chairman of the House Financial Serv- they indicated to us that it’s a great whole truth on everything. I don’t feel ices Committee, a Democrat from Mas- day for Chrysler and we’re saving a lot like I was. It would be a shame if this sachusetts, and he moved that legisla- of jobs. There will be no disruptions. was something that was known for tion out of his committee—I think the There will be no displacements. People some time. If they kept this back from vote was 63, 64–0. Everybody said let’s aren’t going to lose their jobs and com- people, that’s wrong. That’s wrong. get to the bottom of it. But now munities aren’t going to be affected. So He was later on a radio program, and sadly—and somebody who’s not pic- I was pretty happy. I sent out a press the host of the radio program asked tured here is the distinguished major- release saying ‘‘thank you’’ to the him, Would that vote have been the ity leader of the House of Representa- President, ‘‘thank you’’ to his task same had you had the information you tives, Mr. HOYER of Maryland. He has force, ‘‘thank you’’ to Chrysler, ‘‘thank have now? And he says no. Needless to the power to schedule things and not you’’ to the UAW, that this looked like say, people ain’t gonna vote to elimi- schedule things, and sadly, we’re now pretty good news. nate their jobs. And I think Mr. Rice is entering our third month and Mr. Then at noon that day, that’s what right. What autoworker would go to HOYER has not seen fit to schedule this President Obama had to say on noon on approve a contract on the belief that legislation on the floor for consider- April 30. He indicated, Lest no one their jobs are going to be saved if they ation. should be confused about what a bank- really think their jobs are going to be But Chairman FRANK did organize a ruptcy process means, it will not dis- gone? meeting with folks at the Treasury, rupt the lives of the people that work So we have developed, Mr. Speaker, and they had promised to send us a let- at Chrysler or live in communities that Clue, the travel edition now, to supple- ter. And they have indicated in this depend on Chrysler. ment our work on AIG. And in this letter that we might finally be able to So that’s pretty good news. case clearly—I mean, the documents say that it was, for instance, Senator So the President says no people’s that were wheeled into the bankruptcy DODD in the conference room with the lives are going to be disrupted who courts on the afternoon of April 30 with pen. So we hope to get there from here. work at Chrysler and no communities Mr. Manzo’s affidavit, clearly some- But, sadly, this isn’t where it stops. will be disrupted. Which, again, just body knew. Somebody knew that when The automotive world has been shak- from my parochial view was pretty ex- the President got up and delivered this en by the bankruptcies, forced bank- citing because 13 percent of the tax happy news, this good news that five ruptcies of Chrysler and General Mo- base where this stamping plant is lo- plants—eight plants were going to be tors. And the auto world has been cated is based upon the stamping plant closed and 9,000 people across the coun- shaken with the forced bankruptcy of and the people that work there. try were going to be out of work. Chrysler and now General Motors this So the mayor was relieved. She sent And here’s how silly it got. One of week. And a couple of things happened out a press release. Everything was the next questions was by a Demo- that have again spawned our curiosity good. cratic Representative from Wisconsin, and we can’t quite get to the bottom of So then at 1 o’clock on April 30, we GWEN MOORE, who represents the Mil- it. had a conference call with Robert waukee area, and she said, Hey, Mr. Chrysler. We’ll start with Chrysler. Nardelli. He was former chief executive Nardelli, how about our plant in Keno- Chrysler filed a viability plan with the officer at Chrysler. And it was a ques- sha, Wisconsin? Eight hundred people Treasury on February 17, and that was tion-and-answer session. And the first and we are really proud of it. It has a rejected. They then filed another one question was asked by the Democratic long history of manufacturing auto- and it was accepted. And they sent on Governor of the State of Michigan, mobile parts. And so are we going to be the Wednesday of the week that the Jennifer Granholm. And she said, Con- okay? And Mr. Nardelli says, We’re President made his announcement on gratulations, guys. This is great news. proud of Kenosha, Wisconsin. Kenosha April 30, anybody that was a UAW I just heard the President, but I want is part of the new Chrysler, and we member, United Auto Worker, who to make sure that the President wasn’t very much look forward to continuing worked for the Chrysler facilities went speaking in code because I heard him that partnership. to the ballot box, if you will, to deter- say that this deal saves 30,000 jobs and Sadly, like my stamping plant in mine whether or not to authorize a new we, especially in Michigan, know that Twinsburg, the Kenosha plant was one contract that gave pretty serious con- more than 30,000 people work for Chrys- of the eight scheduled to be shut. Obvi- cessions in terms of wages, health care ler. It’s about 39,000. So I’m just asking ously, Representative MOORE had some

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.129 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6148 CONGRESSIONAL RECORD — HOUSE June 3, 2009 questions and said, Well, I asked you. transcript. And I said, well, send it it’s a strange business model to have It’s not like I didn’t ask you. I asked over, and they said, sure. And I said, less stores. You want to sell more stuff, you about Kenosha, Wisconsin. And how about that courier? They said and in particular in rural areas and in Mr. Nardelli’s response was he got con- sure. And so that was in the morning. particular when it comes to their serv- fused. He confused Kenosha, Wisconsin, About 5 o’clock in the afternoon. You ice department. with Trenton, Michigan. They don’t know, I’m looking around, I don’t see On top of that, The Detroit News re- sound alike to my ear, but when he was any package from Chrysler. And so I ported on May 11 that this task force saying that Kenosha, Wisconsin, was called back and was told that the law- that Mr. Geithner’s on and Mr. Bloom’s safe, he really meant Trenton, Michi- yers have it. And listen, anytime the on indicated that during the bank- gan. lawyers get a hold of something, you ruptcy proceedings not only were we know you’ve got a big problem. And so going to have to approve these closures b 1945 I was beginning to think that I wasn’t of these 789 Chrysler dealerships, they In addition, the mayor of my town, going to get this transcript. And then a also said they didn’t want Chrysler Katherine Procop, wrote Mr. Bloom on couple days later, they called and said, spending any money on advertising the President’s task force and said I I’m sending you a letter. And I said, I during the course of the bankruptcy. heard the President say no commu- think that means I’m not getting my And finally, when it was indicated to nities were going to be affected. We’re transcript. And they said absolutely them how stupid that was, they let just taking a pretty big whack here; not, we’re not sending you the tran- Chrysler spend half of what they in- what’s going on? And she got a nice script. tended. letter back, and the letter said, well, And again, if the facts were not as I So, again, you have a business model what the President meant to say was just laid them out, the transcript where the thinking is that Chrysler’s that no communities were going to be speaks volumes. I mean, it is what it going to be more successful with less disrupted other than the eight with the is. And again, in the game of Clue, I stores, and Chrysler’s going to be more plant closures and the 9,000 people out mean, who knew? Who knew? And I successful with no advertising, espe- cially when it’s in the news and people of their jobs yield to my friend, Mr. TIBERI. The problem with that is that was Mr. TIBERI. Well, I thank the gen- have concerns about buying a car from known by no one. Nobody knew, at tleman and my friend from north- a company that’s in bankruptcy. So some strange decisions have been least the auto workers, the elected offi- eastern Ohio. Your explanation and made, and it’s caused some people to cials, the mayor and others, that this your comments have been very, very ask Harley Shaiken, who is a labor ex- was going to happen. And when you ask enlightening. I’m pleased to be here to pert at the University of California, them, they said, well, we couldn’t tell participate in the travel edition, as anybody, it was a secret. Somebody Berkeley, certainly not a hotbed of well as the original edition. conservative thought; he said the auto knew, because it was in the documents. I’m a bit confused, though. You task force tends to be a little tone deaf. So we have created Clue, the travel haven’t explained why the pictures, the A large part of their approach tends to edition, and this time instead of a pen, six pictures—I understand five of the be at cross-purposes with the stimulus we know that the weapon is an ax, be- six. But the top, as I’m looking at it or package. The Obama administration is cause they axed 9,000 people who work as I guess the viewers are looking at it, trying to spend money to create jobs at in this country and had good, paying the top left, right there, why the jobs. And again, we have the same the same time that they’re cutting former President’s picture is on it jobs. rooms where these negotiations took when he’s been out of town since mid- I know my friend from Ohio knows place, and our suspects this time are January of this year. that another colleague of ours from the President of the United States. Mr. LATOURETTE. That’s a great Ohio, Mr. JORDAN from the western President Obama is up there; Larry question, and the reason that President part of Ohio, participated in a hearing Summers, who is the President’s eco- George W. Bush is up here is that in front of the Judiciary Committee. nomic adviser; down here Mr. Nardelli, there’s some people that blame him for And the question came up, These peo- who I referred to, the former CEO of everything bad. And so as a result, I ple on the task force, do any of them Chrysler, the ax of course; Ron Bloom, thought to be fair, just in case, even have experience in manufacturing, whom I referenced and communicated though he was back in Crawford, manufacturing cars, selling cars, mak- with my mayor; again, Mr. Geithner, Texas, when all this was going on, just ing parts? And the answer was none, the Treasury Secretary; and up here is in case, we should have President Bush nobody has. They had plenty of Wall President George W. Bush. up there to satisfy those that blame Street experience, but they don’t have Now, somebody in this Clue edition him for just about everything that has any experience when it comes to the knew that eight plants were going to happened. automotive industry. be closed and how easy would it have I want to move on for just a second And the witness went on to say—and been for the President’s speech writers before I yield to my friend again, and this was really startling—that most of to give him the information that, great the news has gotten worse. And the them don’t own cars, and not only news, we saved 30,000 jobs, we saved all news has indicated that in addition to don’t they own cars, those that do own these plants, but we can’t save them the 9,000 people who worked for Chrys- cars drive foreign cars. But again, this all. It’s like four words. But rather ler that aren’t going to be able to work is a group of people that are making— than diluting the happy message, for Chrysler anymore, for some reason, and they’re not elected, they’re ap- somebody didn’t tell eight cities, eight through the bankruptcy, first Chrysler pointed—this is a group of people that plants, 9,000 workers, that their jobs indicated and sent notices to 789 auto are making these decisions that is were to be lost, and I think it’s a dealers across the country that they going to cost, if you add in the Chrys- shame. needed to shutter their doors. And ac- ler stuff, we’re getting north of—and And again, I should just tell you, no- cording to the National Association of you have to put in the GM workers, an- body is stepping up yet. The call that I Automobile Dealers, about 60 people other 21,000 workers this week, you’re referenced with Governor Granholm work on average at each auto dealer- north of 250,000 jobs. I yield to my and Representative MOORE was tape-re- ship. And then this week’s news, with friend. corded, and I called up the Chrysler General Motors news, 2,600 General Mo- Mr. TIBERI. Well, and just to kind of guys. And I said, hey, the thing was tors dealerships, and again, 60 employ- emphasize a point that you had made tape-recorded; why don’t you let us ees. earlier about your mayor and the re- have the tape. And first response was, So the first job loss is projected to be sponse that she got, that the Presi- it wasn’t tape-recorded. And I said, 47,000 roughly, second job loss 156,000. dent’s quote of it will not disrupt the well, you know, my hearing isn’t what So another 200,000 people are going to lives of the people who work at Chrys- it used to be when I was in my 20s, but be out of work. And you know, some ler or live in communities that depend I do remember people saying it was re- people don’t understand how an auto on it, his quote, and then the reply corded. And then they called back and dealer costs the car company any back to her meaning, well, those com- said, yes, it was recorded, we have a money. And some people further think munities outside those targeted for

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.130 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6149 closing. Well, that doesn’t include, to given and lent billions of dollars so ten a letter, and it’s either a you’re the point of your chart right there, the that your team could manage this gone letter or you’re safe letter. But thousands, the tens of thousands, the properly, and now you’re telling me to the guys that are safe, they are going hundreds of thousands of jobs that are bend over to a terrorist like Lauria. to be required, the dealers that are going to be lost by dealers throughout And Lauria is another bankruptcy going to be part of the new GM, to sign America and many communities, and lawyer who represents some of the participation agreements. And if they those who are subcontractors within bondholders in the GM suit, and I don’t sign the participation agreement, the industry or others in the supply think he might—I may be wrong about they’re out and they will lose their chain, suppliers of different parts. that—but I think he represents the In- franchise, their livelihood—their 60 And we have in Ohio, as you know, diana Teachers Pension Fund. And he people are out of work. And we have one of the larger presence of auto sup- was basically saying, it’s all well and both State and Federal legislation that pliers throughout our State. And if you good that you want to do this, but I in- says, look, the car companies are pret- look at the dealers, as your chart dem- vested teacher pension fund money in ty powerful. They have bargaining onstrates, 789 Chrysler dealers Chrysler and you’re now telling me power that the small dealer doesn’t. throughout many small communities that I have to go back to my clients They’ve got lawyers, they’ve got mil- and larger communities, 2,600 GM deal- and say that I agreed to take five or lions of dollars. ers, many of whom by the way made ten cents on the dollar. He could be b 2000 money last year. These are not dealers sued. He might be able to be put in jail. that were struggling or going to be put So I don’t think that’s the definition of And so we’re not going to let this of business. They were making money. a terrorist. And of course, Mr. Feldman sort of unfair stuff happen. But, again, They were employing people. They signs off with an affectionate ‘‘that’s the beauty of picking a New York were participating in their commu- BS.’’ bankruptcy judge is that they are ar- nities, in their Rotaries, sponsoring So the day before you still have guing that we should preempt all of Little League baseball teams. This is a Chrysler trying to work it out and the those laws, and the car dealers no huge jolt to many communities President’s task force telling him to longer have protection. throughout our State, throughout our take a hike. And the same thing hap- So they’re telling them things like, country, let alone the plants that you pened this week. And if you look at Well, you have to buy so many cars had spoke about earlier. how this thing is being manipulated, from us, even if it’s a horrible business But there is a missing link here as to the same thing happened when—as you decision. And they used to have these who is calling these shots, how are know, the GM bankruptcy is in New noncompete clauses that the car com- they determining which dealers close, York as well, and people think that, pany agreed not to put another GM who is actually making the call, the well, that’s kind of strange because we dealership within 2 miles or 5 miles, or decision, that Chrysler cut their budg- thought General Motors was either or- whatever the case may be. If we decide et in half, what kind of decisions are ganized under the laws of Delaware or to put a new GM dealership right next being made with respect to General the laws of Michigan certainly. And as to you, tough. That’s just the way it Motors that we don’t know about. I a matter of fact they are, and you goes. know I’m asking more questions rather don’t get into Federal court in New It’s unconscionable. The Sopranos than providing answers. Maybe one day York without some kind of nexus. would be proud of this letter by Gen- we will get to some of these answers, Well, lo and behold, the brainiacs at eral Motors. It’s clearly not—I never but I see the gentleman has a new General Motors and on the President’s thought I’d see the day that this was chart. task force found one General Motors happening in the United States. Mr. LATOURETTE. I thank you very dealership in Harlem, New York, and Mr. TIBERI. Would the gentleman much, and I want to go back to Mr. they are the lead pleader in the bank- yield? Manville because we know already that ruptcy so that they could get a New Mr. LATOURETTE. I’d be happy to the President’s task force determined York bankruptcy judge rather than yield. that Chrysler shouldn’t have an adver- having it decided where the company Mr. TIBERI. They could essentially tising budget that they wanted to actually does business and people who say to a dealer, If you don’t sign this have, and now with the GM news, it’s work there, you know, live. agreement which we could ultimately sort of been like Pontius Pilate; Mr. TIBERI. Being a lawyer and say you’re going to rebuild your store, they’re washing their hands. These are former prosecutor, can you explain the you’re going to make it so many more all decisions that have been made by advantages of a bankruptcy in New square feet, you’re going to move your the car companies, we don’t have any- York City rather than Detroit? location, if they don’t sign that, if that thing to do with it. Mr. LATOURETTE. Well, I’m going business owner doesn’t sign that, But here’s an e-mail that was ex- to tell you, first of all, you don’t have they’re out. They have absolutely no changed the day before the bankruptcy the affected parties, and so all of the leverage. All contract law has been vio- filing between Robert Manzo and Mat- people that worked for General Motors, lated. thew Feldman, who is an attorney on all of the dealers that depend on it, Mr. LATOURETTE. General Motors the President’s automobile task force. they’re not in New York. They could has made clear that there’s going to be And just to indicate the depths and the only find one dealer in Harlem, and so a new Chrysler and an old Chrysler— breadth to which these unelected folks you avoid that problem. the bad assets going to old Chrysler; who have plenty of bankruptcy experi- In addition, you are able to judge the new Chrysler, the good assets. The ence and Wall Street experience but shop. I mean, it’s called forum shop- same thing with General Motors. The don’t have any automobile experience ping, and every lawyer would love, I letter to the dealer is clear that if you will go to, Mr. Manzo is saying, well, mean love—lawyers like to win—every don’t sign these participation agree- do you think it’s worth giving us one lawyer would love to be able to go out ments and agree to whatever terms we more shot. And the one more shot that and pick his judge or her judge, be- can think of, you’re out. And you’re he’s referring to, he testified in court, cause who wouldn’t? I mean, this judge going to go under the old General Mo- was maybe we don’t have to go to this is tough, this judge is not so tough; tors. Not much of a choice. bankruptcy route, maybe we can come this judge is smart, this judge is not so We were talking about you, my to some agreement with our bond- smart. So I mean if you could pick friend; our friend from the western part holders, and do we have to do this? where your case goes, you could do of Ohio, Mr. JORDAN. We were talking a Well, the rather professional response pretty well. And it appears exactly little bit about your experience in the from Mr. Feldman is that I’m now not what our friends at the task force did Judiciary Committee. Maybe you can talking to you, you went where you and our friends at General Motors did. share, since you were there. I tried to shouldn’t. And Mr. Manzo backs up and And then on top of it, I go back to relate it as best I could, but maybe you he apologizes, and Feldman writes him the job losses at the auto dealer. It’s could chat about what happened. another e-mail, it’s over, the President worse than that chart because every Mr. JORDAN of Ohio. Well, thank doesn’t negotiate second rounds. We’ve dealer who sells GM products has got- you. I appreciate the gentleman for

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.132 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6150 CONGRESSIONAL RECORD — HOUSE June 3, 2009 yielding and for this Special Order on down 11 facilities in 11 congressional the people that has been sent out as a just a critical issue highlighting why districts. What is your definition of member of the auto task force, Mr. you should never start down this road ‘‘major’’? Montgomery, and he was in Twinsburg, where government is making decisions And here’s the scary thing. He didn’t and rather than explaining how in private enterprise. have one. He said it could be a merger, Twinsburg got picked and these 1,200 But the gentleman related 2 weeks it could be a major change in corporate people are out of jobs, they were there ago in Judiciary Committee we had philosophy. He didn’t have a definition, to announce a great new initiative, a auto dealers, we had experts, and two which just tells you they can do what- nationwide initiative, $50 million, to experts on the auto industry, unlike ever they want, whenever they want, take now 30,000 unemployed auto- the auto task force, which has no man- and that’s why it’s so appropriate what workers, $5 million for 30,000 unem- ufacturing experience, no auto dealer Mr. LATOURETTE and Mr. TIBERI are ployed autoworkers, and transition business experience. We had real ex- doing here tonight on the floor of the them to green jobs. perts in there talking about the fact House of Representatives, showing the Now, I made the observation, and the that these handful of people who are chaos that they have caused in all Labor Secretary didn’t like it very making decisions that impact so many kinds of congressional districts, in all much, but I made the observation at communities and so many families kinds of families and communities the rate these guys are going, the only across this country really have just around this country. green jobs that are going to be left are that, no experience whatsoever in man- So I want to applaud, again, the cutting the grass of the Wall Street ufacturing, and particularly auto man- Member from Ohio and his hard work guys that got the $700 billion bailout. ufacturing. in trying to get to the bottom of this So some of this defies logic. I just appreciate my colleagues from and letting the American people know I just want to close the loop on these the Buckeye State pointing out—here’s what is really going on out there in auto dealers, not only the workers, but what is so frustrating. Government this important industry in our country. the dealers. Because if you look who’s caused this problem, and now govern- With that, I would yield back. being negatively impacted, it’s the Mr. LATOURETTE. I thank you, Mr. ment is going to fix it? I mean, the bondholders who had $27 billion in Gen- JORDAN, for saying that. Listening to CAFE standards artificially plucked eral Motors and they are being forced your story, I couldn’t make that con- out of the air, which are the reason, to settle for peanuts or they’re called ference call. I made one the next day frankly, one of the reasons that the not patriotic. with Fritz Henderson, who’s the CEO stamping facility in the Fourth Con- You have 30,000 autoworkers whose after the President fired the old CEO of gressional District was closed down, livelihood and their family’s livelihood General Motors. announced foreclosure this Monday. Hearing your description, it sounds depends upon getting up and going to The lack of what I call a coherent, like the Supreme Court used to wrestle work for this company. You have the commonsense energy policy. with the definition of pornography. communities that are impacted, and Let’s remember where we were last They don’t know what the definition you have over 200,000 people that work summer that really started to lead to is, but they’ll know it when they see it. at auto dealers. this situation. It was $4 gasoline. And So perhaps a major event will be Mr. Nardelli was on the witness stand the fact that we don’t use the natural known by the President’s task force in New York and he was being ques- resources we have in this country to when they see. tioned by Amy Brown, who’s an attor- help this situation and specifically to Mr. JORDAN of Ohio. If the gen- ney for the Chrysler dealers who help this industry. Again, a failure of tleman would yield. doesn’t seem real happy about this de- government to do the right thing, Mr. LATOURETTE. Sure. cision. And the question was, Well, which helped bring us to this day. Mr. JORDAN of Ohio. I think this is what is it that these dealers are cost- Frankly, we’re only going to make it important to understand. If President ing the company? Mr. Nardelli’s re- worse, as my colleagues know, if we Obama can fire the CEO of General Mo- sponse was, Well, there’s a host of ex- pass this crazy cap-and-trade concept, tors, then he can keep a facility open. penses relating to such things as tool- which will make it even tougher for Frankly, his task force and members of ing, service training, advertising, and manufacturing and auto manufac- his Cabinet, who are traveling across sales incentives. turing. So that’s the frustrating part. the Midwest right now, who are in our But when Ms. BROWN asked him to One last point before I yield back to State, in Ohio as we speak—they were quantify how much those things cost my colleague. I was on a conference there yesterday and today—they owe it the automaker, Mr. Nardelli said he call Sunday night with some of the to those communities like Twinsburg, could not, and he wasn’t sure if the members of the auto task force briefing like Ontario. They owe it the those automaker had ever determined those Members of Congress about what was workers, those families to go to those exact costs. going to happen with the restructuring facilities, look those workers in the So I don’t think that that’s what’s at General Motors and, frankly, the an- eye and explain to them why they going on here. I think that you have nouncements that were going to occur chose to shut down their facility and people taking advantage of a bank- the next day, June 1, 2009, when 11 GM keep another one open. They owe that ruptcy situation, a crisis, to engage in facilities, an announcement was made to them. an agenda that they perhaps have been they were going to close. Again, one of This is coming from someone whose wanting to engage in for a very long which was in Ontario, Ohio, in Rich- father worked 30 years at a General time. And I think that it’s disingen- land County in the Fourth Congres- Motors facility in Dayton, Ohio. I uous. And that’s why we have unveiled sional District. know what it’s like for those families. Clue, the Travel Edition. We would like Mr. Sperling, a member of the auto I remember when I was a kid and there to know. task force, stated in his comments that was talk of a possible layoff, talk of a I want to yield to my friend now, one the government, the auto task force, possible strike. The emotion that that of the great champions of the auto in- wasn’t going to be involved in day-to- causes in a family and the concern that dustry from the State of Michigan day decisions about General Motors. caused within a family is real. that’s been more impacted. I think at They would only get involved if it was So we know what these families are lunch today I heard his State may a ‘‘major event.’’ going through in Twinsburg, Ohio, and crest 25 percent unemployment as a re- And so when his comments were done Ontario, Ohio, and Michigan and other sult of some of these decisions. and Members of Congress began to ask States. We know what they’re going My friend, Mr. MCCOTTER from questions, I finally got around to my through. Frankly, the auto task force Michigan. turn and I said, Mr. Sperling, you indi- owes it to those families to come to Mr. MCCOTTER. I thank the gen- cated in your opening comments that those communities and explain to them tleman from Ohio and I thank him for the auto task force, the government why they’re closing their facility. what he is doing today. As you men- would only get involved if it was a I yield back. tioned, I come from the suburbs north- major event. I said, It’s going to be Mr. LATOURETTE. I’m glad my west of Detroit. Obviously, what we pretty major tomorrow when they shut friend brought that up, because one of have seen with both Chrysler and with

VerDate Nov 24 2008 05:09 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.133 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6151 GM is very painful because of the the Communist Chinese think. And ask You see a pattern here, Mr. Speaker. human cost involved: the workers at yourself this question as well: What do We are told, in order to be successful in these plants who will lose their jobs, you think is going to happen when cars elective office, we have to get the soc- the manufacturing supply chain, those are made in Communist China, im- cer moms. So, as gas is going through employees and owners that will lose ported into the United States for sale? the roof, we are congratulating a soc- their jobs, lose their small businesses, What does that tell us about the future cer team in California and one down in and the dealers who will lose their jobs of the United States, both in terms of Texas. Just to make sure nobody is and their small businesses. its ability to defend itself by manufac- confused, we like soccer and we like But it will not simply be a Michigan turing the armaments necessary to un- soccer moms. problem. It will not simply be a Mid- dergird a peace through strength policy Gas goes up to $3.77, and the most im- west problem. As we found out from or the ability to provide prosperity for portant thing that the majority can the Chrysler dealerships that were its people. put on the floor is a resolution hon- closed, it went across the country, all It’s been a very painful week for oring National Train Day. Most of us the way from the Atlantic to the Pa- Michigan and for America. The manu- like trains, but gas is $3.77. Gas goes up cific. facturing base will be far smaller. We to $3.84. We passed—and I had to look Many of our colleagues all of a sud- will get through this. We will help our this up because I didn’t know what a den remember that if auto manufactur- fellow citizens who are going through a ‘‘canid’’ was. When gas hit $3.84, we ers have a problem, auto dealers have a very difficult time, and we will emerge passed the Great Cats and Rare Canids problem. This was not news to many of stronger, if not larger. Act. Again, if you have trouble with us, but it portends what is going to I yield back to the gentleman from canids, Mr. Speaker, that’s a dog. So happen over the course of this year and Ohio. gas is $3.84. Our constituents are suf- next year as these plants are closed. Mr. LATOURETTE. I thank my fering as they fill up their tanks, and The gentleman from Ohio, Mr. friend from Michigan. I just want to we’re talking about cats and dogs here LATOURETTE, the gentleman from Ohio, bring to a conclusion this evening, we in the United States Congress. It gets Mr. KUCINICH, put forward a bipartisan hear a lot that we can’t deal with some up to $4.09. It crosses $4 for the first letter, which I was very grateful to be of the problems in the country because time. Do you know what? A lot of peo- able to sign, that talked about how we’re really busy here in the United ple in my district don’t know this, but Congress should reexercise its power in States Congress, and so we don’t have 2008 was the International Year of this area, how the task force should floor time. Sanitation. So that was the most im- have become advisory and brought the I talked a little earlier about the AIG portant thing we could do. Then out stakeholders together in a process thing and the majority leader can’t here, when we get to $4.14, which is similar to what was done with Chrysler schedule it on the floor because we’re about where it crested in Ohio—it in the 1970s to allow all stakeholders to really busy doing other stuff. As a mat- might have been higher or a little bit come together, as opposed to being pit- ter of fact, when we broke for the Me- lower in other States—the most impor- ted against each other, workers or in- morial Day district work period, the tant thing that the majority can put vestors, in the process that we saw, Speaker and the majority leader and on the floor is the Monkey Safety Act. which in the end turned out to be noth- the Democratic leadership had a big So, again, when talking about tone ing but a prepackaged bankruptcy that press conference hailing all of the deaf, that made some of us think that could not be avoided. great things that we did. But I can tell perhaps the new majority was tone At this point in time, obviously all of you we didn’t do anything about Chrys- deaf, and we talked to them about it. us who have plants closed—I had my ler, we didn’t do anything about Gen- We said, Hey, you know, maybe we Livonia power train assembly plant no- eral Motors. could do other stuff. So this year, when tified it was going to close; 164 workers And so I went back, and in the last hundreds of thousands of people in this going to lose their jobs. And I know Congress, Mr. Speaker, you may re- country who work in the automotive that next door to me we saw the Wil- member that gasoline was going industry are losing their jobs, we’re low Run assembly plant closed that through the roof. In Ohio, it topped $4 thinking, oh, they get it; they under- had produced the B–24 Liberator bomb- for the first time in my lifetime. And stand you can’t do goofy things and ers that helped this Nation in World you would think that we would be commemorative things when people War II. doing something about a national en- are losing their jobs. Our thoughts are with those workers ergy policy here in the United States Earlier this year, 4,000 people were and with all the workers who are going Congress, the greatest deliberative axed at Chrysler. On that day, we hon- to be displaced. But to those who think body in the world. ored former Senator Claiborne Pell. He again that this is simply an economic When the majority changed—and, had a long, storied career, but we’ve problem for Michigan, for the Midwest, again, as Republicans, we did such a got 4,000 people out of work, and maybe I ask them a simple question. General swell job that the voters threw us out we could be doing something else; 9,500 Motors was a symbol to the world of and they installed the Democrats as Chrysler people are out. On that day, the United States’ prosperity and secu- the majority. They took over and the most important thing that the ma- rity. When this icon of the United began their legislative responsibilities jority can put on the floor is a resolu- States went into bankruptcy, in the on January 29, 2007. tion supporting the goals and ideals of nations that bode ill toward us, they national team dating. All of us think b 2015 were gleeful. Because with General Mo- team dating is important unless you tors going into bankruptcy, it sends a Gas was about $2.22. On that day, the happen to be the father of one of the clear signal to the world that the most important thing that the major- team members; but we passed that res- United States is in decline, and into ity leader could schedule was congratu- olution. You get up here just south of that perceived vacuum these nations lating the University of California at 10,000 Chrysler workers who are losing will inject themselves to advance their Santa Barbara’s soccer team. Gas goes their jobs; and son of a gun, we pass the interests, with very detrimental re- up a little bit to $2.24, and that’s get- Monkey Safety Act again. sults to the United States of America. ting people’s attention. The most im- So we had time not to deal with gaso- It is so often that we forget because portant thing we could do in the line prices, not to deal with an energy we live in a land of prosperity and se- United States Congress is pass a reso- policy, not to deal with the automotive curity what these corporations, espe- lution honoring National Passport industry, but we did have time to take cially General Motors, have meant Month. Gas goes over $3, which has up floor time, 2 years in a row, on the throughout the world. It has not been people alarmed. My phones are ringing Monkey Safety Act. lost on the rest of the world. And you off the hook, and my colleagues’ Then we got out here where 13,000 ask yourself: If General Motors goes phones are ringing off the hook. On people are losing their jobs, and son of into bankruptcy, what do they think? that day, the most important thing we a gun, I guess the Senate didn’t pass We have already seen what the Rus- could do is commend the Houston Dy- the bill about cats and dogs, and so we sians think. We will soon find out what namo soccer team. take more floor time talking about

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.134 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6152 CONGRESSIONAL RECORD — HOUSE June 3, 2009 cats and dogs even though 13,000 people I include the interest, and we’re all dent of the United States well. So take have lost their jobs. going to have to pay it. The $1 trillion a deep breath. Then you get out here. This is an- stimulus bill had one provision that Go back to 1979. There was Jimmy other guy who, I think, we all like, but would have particularly helped the Carter, Lee Iacocca and the problem now 16,000 people are out of jobs, and auto industry that was virtually elimi- with Chrysler back in 1979. Have the most important thing the majority nated in the dead of night by a hidden thoughtful hearings. Have thoughtful can put on the floor is awarding a gold hand that also did something inter- discussions. Have people who are expe- medal to Arnold Palmer. I think most esting. The $1 trillion stimulus bill had rienced in the automotive industry or of us like Arnold Palmer, and we think protected the AIG bonuses, and yet it who, at a minimum, own a car, and he has had a nice career, but 16,000 of did nothing to prevent Chrysler and let’s have this conversation. In that our friends and neighbors are without GM autoworkers from going into bank- case, my colleagues will remember, the jobs. Then when it hits the top at ruptcy. At the time, I referred to it as United States not only got paid back, 18,365, son of a gun, it’s National Train a post-American manufacturing bill. I but we made money. We made $35 mil- Day Again. would just like to point out that, lion on the first Chrysler bailout. The So there clearly are difficulties with sadly, events have proven that assess- problem that the government had is priorities here in the House, and I don’t ment correct. nobody ever expected us to make want to disparage the Democratic lead- I yield back to the gentleman. money on it, so there was no provision ership too much. I would be happy to Mr. LATOURETTE. I thank the gen- on how to spend it; but people at home yield to my friend in just a second be- tleman. need not worry—that Congress at the cause it’s not fair just to talk about Mr. TIBERI, I would yield to you for time figured out how to spend it rather the Monkey Safety Act and National an observation. quickly. It goes to show that, when Train Day and the International Year Mr. TIBERI. Well, thank you for done thoughtfully, it can be done okay. of Sanitation. yielding. So we come to Clue, the travel edi- I want my colleagues to know that, The gentleman from Michigan brings tion—and oh, by the way, we haven’t since the beginning of this Congress, up the stimulus bill, and I just had a heard back from the President yet. I the majority has also taken up floor thought cross my mind. know he is overseas and that he is a time at 40 minutes a pop to name all of Not to add more questions rather busy person being the leader of the these post offices in the United States than answers, but maybe the next edi- Free World, so he hasn’t had a chance of America. So, if you live in one of tion of Clue is to figure out how—as to get back to us. I hope that he does. these towns, Mr. Speaker, you can rest the gentleman from the Cleveland area I hope he takes our suggestion. It is a assured that the United States Con- knows and as the gentleman from west- bipartisan letter—I want to say that— gress is on the job and that we have ern Ohio knows, just today, we find out from Republicans and Democrats who named your post office. So, when you that 1,200 jobs in the Miami Valley at are concerned about the autoworkers, go in and get that 44-cent stamp, it has NCR were lost from Ohio to Georgia, in the plants, the auto dealers, and the got a name on it. The folks know that part because, at least according to the people who invest money. each one of these takes about an hour employer, in the stimulus bill, there Mr. Speaker, in closing, I think it’s a of floor time and a vote. I think there were provisions to allow for a potential shame. You know, if our constituents are 14 of them. There may be a few office building/manufacturing facility want safe monkeys, they can rest easy more. So that’s about 14 hours of pre- to be used to build and to lure jobs tonight because we’ve passed that bill cious time when the United States from Ohio to Georgia, which is abso- twice. If you like cats and dogs, they’re Congress could have been talking about lutely outrageous. These aren’t the okay. You can rest easy. If you like jobs at Chrysler, about jobs at GM and types of jobs that we thought were trains, it’s not a problem. If your post about gasoline prices last year when we going to be created. These are pitting office hasn’t been named this year, call couldn’t quite get there. States against States and localities your Member of Congress, and I’ll bet Just to close the loop on that against localities. we can slap a name on it sometime thought, as we know, 11 plants have So I would ask the gentleman from rather than dealing with the problems closed this week, GM plants, and an- Ohio if, maybe the next time we get to- that ail the country. other 21,000 people are out of work. So gether, we could add that to the auto If you’re a union member who works you would think, okay, because Chrys- industry and to the AIG bonuses. These for the United Autoworkers, too bad. ler is smaller than GM, maybe we are things that are done here, not on We don’t have time for any legislation didn’t think it was that huge; but Flag- this House floor, not in the people’s for you. We will train you for a green ship GM, as my friend from Michigan House, but in one of those rooms be- job—cutting somebody’s grass. If you, has talked about, is a national icon. So hind closed doors. God forbid, were a stockholder in one we came back from our district work I yield back. of these companies or invested money period yesterday, and just to make Mr. MCCOTTER. Will the gentleman in one of these companies, you’re now sure that people don’t think that I’m yield for a question? being told your investment is worth- somehow bad-mouthing the Demo- My question is: If these 1,200 jobs in less, so things like secured debt don’t cratic majority, they really did stuff Ohio were in Ohio and they have moved mean ‘‘secured debt.’’ It’s a little bit yesterday to take care of the GM situa- to Georgia, does the administration like the mortgage crisis. If you’re tired tion other than naming post offices. consider them created or saved or is it of paying your mortgage, don’t worry Yesterday, we debated legislation on going to have to come up with a third about it. We’ll pay it for you. the direct fish stocking of certain category—or shifted? There is the supply chain that Mr. lakes in Washington State, and we Mr. LATOURETTE. To answer the TIBERI talked about, and there are the commemorated the 75th anniversary of gentleman’s question, I think it’s both. dealers that, I think, we’ve all talked the Great Smoky Mountains. Appar- I think we’ll see the administration about. We’re talking about 200,000 peo- ently, the soccer moms have been re- taking credit for saving 2,000 jobs and ple. Again, it doesn’t make sense. placed with basketball moms, and we for creating 2,000 jobs. It will be too I think Mr. JORDAN’s observation was honored the ’s bad for the folks in the Miami Valley, right on the money. First of all, we women’s basketball team. and that’s just the way it goes. have got to solve Clue, the travel edi- Mr. Speaker, I yield to my friend I would close with: we sent the Presi- tion, to figure out who did this. Sec- from Michigan. dent of the United States, President ondly, I think they owe people an ex- Mr. MCCOTTER. I thank the gen- Obama, a letter that was signed by 36 planation. Why did my plant get closed tleman for yielding. of our colleagues. I believe all of the and not somebody else’s? Why did this In fairness, I must point out that one Members on the floor signed it. It basi- dealership get closed and not somebody of the first things that this Demo- cally asked the President to take a else’s? Why are 1,200 people out of work cratic-controlled Congress did, in con- deep breath. As Mr. JORDAN has indi- in my district and not someplace else? junction with the administration, was cated, this unappointed task force, in Why are we picking on the dealers pass a $1 trillion stimulus bill, because my opinion, is not serving the Presi- when, according to Mr. Nardelli, he

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.135 H03JNPT1 smartinez on PROD1PC64 with HOUSE June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6153 doesn’t know if they cost him any Protection Agency, transmitting the Agen- 5 U.S.C. 801(a)(1)(A); to the Committee on money? It is, indeed, a strange business cy’s final rule — Bacillus thuringiensis Transportation and Infrastructure. model to think that you’re going to Cry1A.105 protein; Time Limited Exemption 2003. A letter from the Federal Register Li- aison Officer, Department of Treasury, sell more Chryslers with less stores and from the Requirement of a Tolerance [EPA- HQ-OPP-2009-0101; FRL-8417-3] received May transmitting the Department’s final rule — with no advertising, but maybe that’s 20, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Increase in Tax Rates on Tobacco Products just me. the Committee on Agriculture. and Cigarette Papers and Tubes; Floor Mr. Speaker, I thank you. I thank 1995. A letter from the Chairman of the Stocks Tax on Certain Tobacco Products, my colleagues—two from Ohio and one Board, Farm Credit System Insurance Cor- Cigarette Papers, and Cigarette Tubes; and from Michigan—for joining us for this poration, transmitting the Corporation’s Changes to Basis for Denial, Suspension, or hour. final rule — Premiums (RIN: 3055-AA10) re- Revocation of Permits (2009R-118P) [Docket I yield back our time. ceived April 24, 2009, pursuant to 5 U.S.C. No.: TTB-2009-0001; T.D. TTB-75; Re: Notice 801(a)(1)(A); to the Committee on Agri- No. 93] (RIN: 1513-AB70) received May 22, f culture. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the LEAVE OF ABSENCE 1996. A letter from the Chief Counsel, De- Committee on Ways and Means. partment of Homeland Security, transmit- 2004. A letter from the Federal Register Li- By unanimous consent, leave of ab- ting the Department’s final rule — Final aison Officer, Department of the Treasury, sence was granted to: Flood Elevation Determinations [Docket ID: transmitting the Department’s final rule — Mr. BECERRA (at the request of Mr. FEMA-2008-0020] received May 4, 2009, pursu- Establishment of the Lake Chelan HOYER) for today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Viticultural Area (2007R-103P) [TTB Docket on Financial Services. No.: 2008-0006; T.D. TTB-76; Re: Notice No. 87] f 1997. A letter from the Director, Regu- (RIN: 1513-AB42) received May 5, 2009, pursu- SPECIAL ORDERS GRANTED latory Management Division, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee Protection Agency, transmitting the Agen- on Ways and Means. By unanimous consent, permission to cy’s final rule — Approval and Promulgation 2005. A letter from the Branch Chief, Publi- address the House, following the legis- of Air Quality Implementation Plans; Cali- cations and Regulations, Internal Revenue lative program and any special orders fornia; Determination of Attainment of the Service, transmitting the Service’s final rule heretofore entered, was granted to: 1-Hour Ozone Standard for the Ventura — Health Savings Accounts Inflation Adjust- (The following Members (at the re- County Area [EPA-R09-OAR-2009-0133; FRL- ments for 2010 (Rev. Proc. 2009-29) received quest of Ms. WOOLSEY) to revise and ex- 8909-6] received May 20, 2009, pursuant to 5 May 18, 2009, pursuant to 5 U.S.C. tend their remarks and include extra- U.S.C. 801(a)(1)(A); to the Committee on En- 801(a)(1)(A); to the Committee on Ways and ergy and Commerce. Means. neous material:) 1998. A letter from the Director, Regu- 2006. A letter from the Chief, Publications Ms. WOOLSEY, for 5 minutes, today. latory Management Division, Environmental and Regulations Branch, Internal Revenue Ms. KAPTUR, for 5 minutes, today. Protection Agency, transmitting the Agen- Service, transmitting the Service’s final rule Mr. SPRATT, for 5 minutes, today. cy’s final rule — Approval and Promulgation — Industry Directors’ Directive #2 on En- (The following Members (at the re- of Air Quality Implementation Plans; Mary- hanced Oil Recovery Credit [LMSB Control quest of Mr. POE of Texas) to revise and land; Reasonably Available Control Tech- No.: LMSB-04-0409-014 Impacted IRM: 4.51.2] extend their remarks and include ex- nology Requirements for Volatile Organic received May 18, 2009, pursuant to 5 U.S.C. Compounds: Correction [EPA-R03-OAR-2009- traneous material:) 801(a)(1)(A); to the Committee on Ways and 005 ; FRL-8909-5] received May 20, 2009, pursu- Means. Mr. POE of Texas, for 5 minutes, June ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2007. A letter from the Chief, Publications 10. on Energy and Commerce. and Regulations, Internal Revenue Service, Mr. JONES, for 5 minutes, June 10. 1999. A letter from the Program Analyst, transmitting the Service’s final rule — Mrs. MILLER of Michigan, for 5 min- Department of Transportation, transmitting Formless Conversion of Partnership to S utes, today. the Department’s final rule — Airworthiness Corporation (Rev. Rul. 2009-15) received May Directives; Sikorsky Aircraft Corporation Mr. WOLF, for 5 minutes, today. 18, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Model S-92A Helicopters [Docket No.: FAA- the Committee on Ways and Means. Mr. PAULSEN, for 5 minutes, June 5. 2009-0351; Directorate Identifier 2009-SW-08- 2008. A letter from the Chief, Publications Mr. SMITH of New Jersey, for 5 min- AD; Amendment 39-15886; AD 2009-07-53] (RIN: and Regulations Branch, Internal Revenue utes, today. 2120-AA64) received May 22, 2009, pursuant to Service, transmitting the Service’s final rule Mr. MORAN of Kansas, for 5 minutes, 5 U.S.C. 801(a)(1)(A); to the Committee on — Update for Weighted Average Interest today and June 4. Transportation and Infrastructure. Rates, Yield Curves, and Segment Rates [No- (The following Member (at his re- 2000. A letter from the Program Analyst, tice 2009-45] received May 13, 2009, pursuant quest) to revise and extend his remarks Department of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on and include extraneous material:) the Department’s final rule — Establishment Ways and Means. of Class E Airspace; Morehead, KY. [Docket 2009. A letter from the Branch Chief, Publi- Mr. FLEMING, for 5 minutes, today. No.: FAA-2008-0809; Airspace Docket No. 08- cations and Regulations, Internal Revenue f ASO-13] received May 22, 2009, pursuant to 5 Service, transmitting the Service’s final rule ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on — Allocation and Reporting of Mortgage In- Transportation and Infrastructure. surance Premiums [TD 9449] (RIN: 1545-BH84) Mr. LATOURETTE. Mr. Speaker, I 2001. A letter from the Program Analyst, received May 13, 2009, pursuant to 5 U.S.C. move that the House do now adjourn. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and The motion was agreed to; accord- the Department’s final rule — Airworthiness Means. ingly (at 8 o’clock and 26 minutes Directives; McDonnell Douglas Model DC-8- 2010. A letter from the Chief, Publications 50 Series Airplanes; Model DC-8F-54 and DC- p.m.), the House adjourned until to- and Regulations, Internal Revenue Service, 8F-55 Airplanes; Model DC-8-60 Series Air- transmitting the Service’s final rule — Self- morrow, Thursday, June 4, 2009, at 10 planes; Model DC-8-60F Series Airplanes; determination of Deficiency Dividend under a.m. Model DC-8-70 Series Airplanes; and Model Section 860(e)(4)(Rev. Proc. 2009-28) received f DC-8-70F Series Airplanes [Docket No.: FAA- May 19, 2009, pursuant to 5 U.S.C. 2008-1324; Directorate Identifier 2008-NM-101- 801(a)(1)(A); to the Committee on Ways and EXECUTIVE COMMUNICATIONS, AD; Amendment 39-15875; AD 2009-08-02] (RIN: Means. ETC. 2120-AA64) received May 22, 2009, pursuant to 2011. A letter from the Chief, Publications Under clause 2 of Rule XXIV, execu- 5 U.S.C. 801(a)(1)(A); to the Committee on and Regulations, Internal Revenue Service, tive communications were taken from Transportation and Infrastructure. transmitting the Service’s final rule — Use 2002. A letter from the Program Analyst, of Actuarial Tables in Valuing Annuities, In- the Speaker’s table and referred as fol- Department of Transportation, transmitting terests for Life or Terms of Years, and Re- lows: the Department’s final rule — Airworthiness mainder or Reversionary Interests [TD 9448] 1993. A letter from the Director, Regu- Directives; Bombardier Model DHC-8-102, (RIN: 1545-BH96; RIN: 1545-BI56) received May latory Management Division, Environmental DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, 6, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- DHC-8-301, DHC-8-311, and DHC-8-315 Air- the Committee on Ways and Means. cy’s final rule — Acibenzolar-S-methyl; Pes- planes Equipped with a Cockpit Door Elec- 2012. A letter from the Chief, Publications ticide Tolerances [EPA-HQ-OPP-2008-0270; tronic Strike System Installed in Accord- and Regulations Branch, Internal Revenue FRL-8413-7] received May 20, 2009, pursuant ance with Supplemental Type Certificate Service, transmitting the Service’s final rule to 5 U.S.C. 801(a)(1)(A); to the Committee on (STC) ST02014NY [Docket No.: FAA-2009-0313; — Sub-Issue Letter Rulings Under Section Agriculture. Directorate Identifier 2008-NM-144-AD; 355 (Rev. Proc. 2009-25) received May 6, 2009, 1994. A letter from the Director, Regu- Amendment 39-15769; AD 2008-26-03] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- latory Management Division, Environmental 2120-AA64) received May 22, 2009, pursuant to mittee on Ways and Means.

VerDate Nov 24 2008 03:35 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K03JN7.136 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6154 CONGRESSIONAL RECORD — HOUSE June 3, 2009 2013. A letter from the Chief, Publications By Mr. FLEMING (for himself, Mr. and for certain contiguous areas; to the and Regulations Branch, Internal Revenue BILBRAY, Mr. BURTON of Indiana, Ms. Committee on Ways and Means, and in addi- Service, transmitting the Service’s final rule FALLIN, Mrs. BLACKBURN, and Mr. tion to the Committee on Energy and Com- — Modification of Net Operating Loss GINGREY of Georgia): merce, for a period to be subsequently deter- Carryback Election under Section 1211 of H.R. 2677. A bill to amend title 18, United mined by the Speaker, in each case for con- American Recovery and Reinvestment Tax States Code, to provide penalties for hate sideration of such provisions as fall within Act of 2009 (Rev. Proc. 2009-26) received May crimes against members of the Armed the jurisdiction of the committee concerned. 6, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Forces, and for other purposes; to the Com- By Mr. MACK (for himself, Mr. SIRES, the Committee on Ways and Means. mittee on the Judiciary. Ms. ROS-LEHTINEN, Mr. BROUN of f By Mr. MCDERMOTT: Georgia, Mr. BURTON of Indiana, Mr. H.R. 2678. A bill to extend Federal recogni- MARIO DIAZ-BALART of Florida, and REPORTS OF COMMITTEES ON tion to the Duwamish Tribe, and for other Mr. LINCOLN DIAZ-BALART of Florida): PUBLIC BILLS AND RESOLUTIONS purposes; to the Committee on Natural Re- H.R. 2687. A bill to withhold United States sources. assessed and voluntary contributions to the Under clause 2 of rule XIII, reports of By Ms. GIFFORDS: committees were delivered to the Clerk Organization of American States (OAS) if H.R. 2679. A bill to extend certain immigra- Cuba is allowed full membership or partici- for printing and reference to the proper tion programs, and for other purposes; to the pation in the OAS unless the President cer- calendar, as follows: Committee on the Judiciary, and in addition tifies that Cuba has satisfied certain condi- Mr. BRADY of Pennsylvania: Committee to the Committees on Education and Labor, tions, and for other purposes; to the Com- on House Administration. H.R. 415. A bill to and Ways and Means, for a period to be sub- mittee on Foreign Affairs. provide Capitol-flown flags to the sequently determined by the Speaker, in By Mr. PALLONE (for himself and Ms. immedidate family of fire fighters, law en- each case for consideration of such provi- DEGETTE): forcement officers, emergency medial tech- sions as fall within the jurisdiction of the H.R. 2688. A bill to amend title XIX of the nicians, and other rescue workers who are committee concerned. Social Security Act to improve the State killed in the line of duty (Rept. 111–132). Re- By Ms. BORDALLO (for herself, Mr. plan amendment option for providing home ferred to the Committee of the Whole House SERRANO, Mr. FALEOMAVAEGA, Mrs. and community-based services under the on the State of the Union. CHRISTENSEN, Mr. PIERLUISI, and Mr. Medicaid Program, and for other purposes; to Mr. CARDOZA: Committee on Rules. SABLAN): the Committee on Energy and Commerce. House Resolution 501. Resolution providing H.R. 2680. A bill to amend the Social Secu- By Mr. PERRIELLO (for himself, Mr. rity Act to provide for payment parity for for consideration of the bill (H.R. 626) to pro- SCOTT of Virginia, Mr. NYE, Mr. Puerto Rico, the Virgin Islands, Guam, the vide that 4 of the 12 weeks of parental leave MORAN of Virginia, and Mr. BOU- Northern Mariana Islands, and American made available to a Federal employee shall CHER): be paid leave, and for other purposes (Rept. Samoa under the Medicaid Program, and for H.R. 2689. A bill to authorize the Secretary 111–133) Referred to the House Calendar. other purposes; to the Committee on Energy of the Interior to study the suitability and and Commerce. DISCHARGE OF COMMITTEE feasibility of designating the National D-Day By Mr. BACA: Memorial in Bedford, Virginia, as a unit of [Omitted from the Record of June 2, 2009] H.R. 2681. A bill to amend the Immigration the National Park System; to the Committee and Nationality Act to provide for natu- Pursuant to clause 2 of rule XII, the on Natural Resources. ralization for certain high school graduates; Committee on Armed Services By Mr. SESTAK (for himself and Mr. to the Committee on the Judiciary. dischared from further consideration. BRALEY of Iowa): By Mr. DUNCAN (for himself, Mr. H.R. 1886 referred to the Committee of H.R. 2690. A bill to create a universal, MCHENRY, Mr. WESTMORELAND, Mr. the Whole House on the State of the paperless school meal program that is na- SESSIONS, Mrs. BLACKBURN, and Mr. tionally available; to the Committee on Edu- Union, and ordered to be printed. POE of Texas): cation and Labor. f H.R. 2682. A bill to require that the Federal Government procure from the private sector By Mr. STARK (for himself, Mr. CAMP, PUBLIC BILLS AND RESOLUTIONS the goods and services necessary for the op- and Mrs. BONO MACK): Under clause 2 of rule XII, public erations and management of certain Govern- H.R. 2691. A bill to provide assistance to adolescents and young adults with serious bills and resolutions of the following ment agencies, and for other purposes; to the Committee on Oversight and Government mental health disorders as they transition to titles were introduced and severally re- adulthood; to the Committee on Energy and ferred, as follows: Reform. By Mr. HOLT (for himself and Mr. Commerce. By Mr. THORNBERRY (for himself, By Mr. SCHOCK (for himself and Mr. PIERLUISI): BOSWELL): H.R. 2683. A bill to establish the American Mr. ROSS, Mr. BROUN of Georgia, Mr. H.R. 2672. A bill to amend the Internal Rev- Veterans Congressional Internship Program; SKELTON, Mr. THOMPSON of Pennsyl- enue Code of 1986 to allow credits for the es- to the Committee on House Administration. vania, Mr. HELLER, and Mr. tablishment of franchises with veterans; to By Mr. ISRAEL (for himself, Ms. GRIJALVA): the Committee on Ways and Means. VELA´ ZQUEZ, and Mr. SERRANO): H.R. 2692. A bill to amend title XVIII of the By Mr. DEFAZIO (for himself and Mr. H.R. 2684. A bill to establish grant pro- Social Security Act to restore State author- BERRY): grams to provide for the establishment of a ity to waive the 35-mile rule for designating H.R. 2673. A bill to amend title 38, United national hate crime hotline and a hate crime critical access hospitals under the Medicare States Code, to match the pension amount information and assistance website, to pro- Program; to the Committee on Ways and paid to surviving spouses of veterans who vide training and education to local law en- Means. served during a period of war to the pension forcement to prevent hate crimes, and to By Ms. WOOLSEY (for herself and Mr. amount paid to such veterans; to the Com- provide assistance to victims of hate crimes; BAIRD): mittee on Veterans’ Affairs. to the Committee on the Judiciary. H.R. 2693. A bill to amend title VII of the By Mr. POE of Texas (for himself, Mr. By Ms. BORDALLO (for herself, Mr. Oil Pollution Act of 1990, and for other pur- GALLEGLY, and Mr. CARTER): FALEOMAVAEGA, Mr. ABERCROMBIE, poses; to the Committee on Science and H.R. 2674. A bill to protect children from Mr. FARR, Mrs. CHRISTENSEN, Mr. Technology. sex offenders; to the Committee on the Judi- GRIJALVA, Ms. HIRONO, Ms. SHEA-POR- By Ms. JACKSON-LEE of Texas: ciary. TER, Mr. HEINRICH, and Mr. H. Con. Res. 138. Concurrent resolution rec- By Mr. JOHNSON of Georgia (for him- PIERLUISI): ognizing the 40th anniversary of the George self, Mr. COBLE, Mr. CONYERS, and H.R. 2685. A bill to establish a National Bush Intercontinental Airport in Houston, Mr. SMITH of Texas): Oceanic and Atmospheric Administration Texas; to the Committee on Transportation H.R. 2675. A bill to amend title II of the and a National Climate Enterprise, and for and Infrastructure. Antitrust Criminal Penalty Enhancement other purposes; to the Committee on Science By Mr. LAMBORN (for himself, Ms. and Reform Act of 2004 to extend the oper- and Technology, and in addition to the Com- BORDALLO, Mr. COFFMAN of Colorado, ation of such title for a 1-year period ending mittee on Natural Resources, for a period to Mr. KLINE of Minnesota, Mr. MCCAUL, June 22, 2010; to the Committee on the Judi- be subsequently determined by the Speaker, Mr. MASSA, Mrs. MCMORRIS RODGERS, ciary. in each case for consideration of such provi- Mr. SESTAK, Mr. SPRATT, Mr. ROO- By Mr. CARDOZA: sions as fall within the jurisdiction of the NEY, Ms. TSONGAS, Mr. WAMP, and H.R. 2676. A bill to amend chapter 3 of title committee concerned. Mr. WILSON of South Carolina): 31, United States Code, to provide for an As- By Mr. ISRAEL (for himself and Mr. H. Con. Res. 139. Concurrent resolution sistant Secretary of the Treasury for Com- BISHOP of New York): congratulating the first graduating class of munity Financial Institutions and an Office H.R. 2686. A bill to amend title XVIII of the the United States Air Force Academy on of Ombudsman for Community Financial In- Social Security Act to provide for a Medi- their 50th graduation anniversary and recog- stitutions, and for other purposes; to the care Advantage benchmark adjustment for nizing their contributions to the Nation; to Committee on Financial Services. certain local areas with VA medical centers the Committee on Armed Services.

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By Mr. CLAY: DIVER IV; which was referred to the Com- H.R. 1430: Mr. GRAVES. H. Con. Res. 140. Concurrent resolution ex- mittee on Transportation and Infrastruc- H.R. 1441: Mr. HALL of Texas. pressing the sense of Congress that a com- ture. H.R. 1452: Mr. LATHAM. H.R. 1454: Mr. HONDA. memorative postage stamp should be issued f to honor Wilton ‘‘Wilt’’ Chamberlain; to the H.R. 1470: Ms. SHEA-PORTER. Committee on Oversight and Government ADDITIONAL SPONSORS H.R. 1509: Mr. CARNEY and Mrs. Reform. Under clause 7 of rule XII, sponsors HALVORSON. By Mr. CLAY: H.R. 1526: Mr. CARNAHAN. H. Con. Res. 141. Concurrent resolution ex- were added to public bills and resolu- H.R. 1547: Ms. HERSETH SANDLIN, Mr. COO- pressing the sense of Congress that the tions as follows: PER, and Mrs. CAPITO. United States Postal Service should issue a H.R. 22: Ms. BEAN and Mr. POE of Texas. H.R. 1552: Mr. HIMES. postage stamp in commemoration of Carl B. H.R. 147: Mr. LYNCH, Mr. QUIGLEY, Mr. H.R. 1558: Mr. CLAY, Mr. KLEIN of Florida, Stokes; to the Committee on Oversight and LOBIONDO, Mr. MURTHA, Mr. CULBERSON, Mr. Ms. MCCOLLUM, Mr. HINCHEY, and Mr. TONKO. Government Reform. FLEMING, Mr. LIPINSKI, and Ms. KAPTUR. H.R. 1570: Ms. BORDALLO and Mr. By Mr. CUMMINGS (for himself, Ms. H.R. 197: Mr. HUNTER, Ms. FALLIN, and Mr. MCCOTTER. LEE of California, Mr. MORAN of Vir- OLSON. H.R. 1584: Mr. WITTMAN. ginia, Mr. THOMPSON of Mississippi, H.R. 213: Mr. LOBIONDO, Mr. MCCOTTER, and H.R. 1620: Mr. MCHENRY. INGREE Mr. FATTAH, Mr. TANNER, Mrs. Mr. LEE of New York. H.R. 1670: Ms. P of Maine. H.R. 1677: Mr. KILDEE. CHRISTENSEN, Mr. MEEKS of New H.R. 220: Mr. MCCOTTER. H.R. 1688: Mr. DAVIS of Kentucky and Mr. York, Mr. SESTAK, Mr. LOBIONDO, Mr. H.R. 233: Mr. KAGEN. GUTHRIE. ELLISON, Mr. KILDEE, Mr. GRIFFITH, H.R. 235: Mr. BLUMENAUER, Mr. GRAVES, H.R. 1691: Mr. BOUCHER and Mr. HALL of Mrs. MALONEY, Mr. NEAL of Massa- Mr. BUCHANAN, Mr. GUTIERREZ, and Mr. New York. chusetts, Mr. BRADY of Pennsylvania, LUETKEMEYER. H.R. 1702: Mr. BISHOP of Georgia, Mr. Mr. DAVIS of Illinois, Mr. TOWNS, Mr. H.R. 275: Mr. MACK, Mr. GARRETT of New MOORE of Kansas, Mr. WALZ, Mr. SNYDER, HINOJOSA, Ms. BERKLEY, Mr. GINGREY Jersey, Mr. ROSKAM, Mr. BAIRD, Mr. WU, Mr. and Mr. CLAY. of Georgia, Mr. HONDA, Mr. FLEMING, HIMES, and Mr. MURPHY of Connecticut. H.R. 1705: Ms. SLAUGHTER and Mr. GUTIER- Mr. COHEN, Mr. SERRANO, Mr. HOLT, H.R. 303: Ms. FOXX. REZ. Ms. BORDALLO, Mr. GORDON of Ten- H.R. 406: Mr. COBLE and Mr. MARSHALL. H.R. 1796: Mr. NYE and Ms. SCHAKOWSKY. nessee, Mr. RUSH, Mr. ROE of Ten- H.R. 422: Mr. BOSWELL, Mr. CONNOLLY of H.R. 1799: Mr. HALL of Texas. Virginia, Mr. ETHERIDGE, Ms. ZOE LOFGREN nessee, Mr. SMITH of New Jersey, Mr. H.R. 1826: Ms. WOOLSEY and Mr. ISRAEL. of California, and Ms. TSONGAS. LYNCH, Ms. NORTON, Mr. GUTIERREZ, H.R. 1844: Mr. MCDERMOTT, Mr. CAO, Ms. H.R. 442: Mrs. MILLER of Michigan, Mr. Mrs. DAVIS of California, Ms. CORRINE ZOE LOFGREN of California, Mr. ETHERIDGE, MACK, Mr. CARTER, Mr. LAMBORN, Mr. OLSON, BROWN of Florida, Ms. WATERS, Mr. and Mr. BOUCHER. Ms. FALLIN, and Mr. HUNTER. BURTON of Indiana, and Mr. BROUN of H.R. 1881: Mr. OBERSTAR, Mr. CLEAVER, Mr. H.R. 450: Mr. SMITH of Texas. Georgia): SCOTT of Georgia, Mr. DOYLE, and Mr. H.R. 669: Mr. BAIRD. H. Con. Res. 142. Concurrent resolution LANGEVIN. H.R. 690: Mr. SCHIFF. supporting National Men’s Health Week; to H.R. 1894: Mr. ARCURI, Ms. RICHARDSON, Mr. H.R. 716: Mr. PAYNE. the Committee on Oversight and Govern- CLAY, Mr. PAULSEN, and Mr. MCCOTTER. H.R. 816: Mr. PERLMUTTER and Ms. KIL- ment Reform. H.R. 1932: Ms. SCHAKOWSKY. PATRICK of Michigan. By Mr. HOLT (for himself, Mr. BROWN H.R. 1970: Mr. THOMPSON of California, Mrs. H.R. 840: Mr. WEINER, Ms. CORRINE BROWN of South Carolina, and Mr. HALL of MCMORRIS RODGERS, Mr. LOEBSACK, and Mr. of Florida, Mr. COURTNEY, Mr. TONKO, Mr. New York): BOUCHER. VAN HOLLEN, Mr. YARMUTH, and Ms. ROYBAL- H. Con. Res. 143. Concurrent resolution ex- H.R. 2000: Ms. BORDALLO. LLARD pressing support for the designation and A . H.R. 2001: Mrs. CAPITO. goals of ‘‘Hire a Veteran Week‘‘ and encour- H.R. 868: Mr. GERLACH and Mr. GUTIERREZ. H.R. 2014: Ms. VELA´ ZQUEZ, Mr. POLIS of Col- aging the President to issue a proclamation H.R. 879: Mr. GERLACH. orado, Mr. SMITH of Washington, Mr. APUANO supporting those goals; to the Committee on H.R. 890: Mr. C . MCMAHON, Ms. MCCOLLUM, Mr. LEWIS of Cali- H.R. 904: Mr. RUSH and Mr. YARMUTH. Veterans’ Affairs, and in addition to the fornia, Mr. ROYCE, Mr. BILBRAY, Mr. DAVIS of H.R. 948: Mr. HEINRICH. Committee on Armed Services, for a period Alabama, Mr. WAMP, Ms. MARKEY of Colo- H.R. 977: Mr. MICHAUD. to be subsequently determined by the Speak- rado, Mr. QUIGLEY, Mr. ROSKAM, Ms. SLAUGH- H.R. 980: Mr. HODES. er, in each case for consideration of such pro- TER, Ms. ROYBAL-ALLARD, Mr. MITCHELL, Mr. H.R. 997: Mr. BLUNT. visions as fall within the jurisdiction of the DICKS, Mr. MCNERNEY, and Mr. SKELTON. H.R. 1032: Mr. PETRI and Mr. KISSELL. committee concerned. H.R. 2017: Mr. STEARNS. H.R. 1051: Mr. BOUCHER and Mr. MCINTYRE. By Ms. MCCOLLUM: H.R. 2021: Mr. CANTOR. H. Res. 499. A resolution congratulating H.R. 1053: Mr. KRATOVIL. H.R. 2049: Mr. MURTHA and Mr. BOUSTANY. the University of St. Thomas Tommies base- H.R. 1064: Mr. DEFAZIO, Mr. LOEBSACK, Mrs. H.R. 2058: Mr. GORDON of Tennessee. ball team for winning the 2009 National Col- MYRICK, and Mr. PIERLUISI. H.R. 2060: Mr. SIRES. legiate Athletic Association Division III H.R. 1066: Mr. MARKEY of Massachusetts, H.R. 2062: Mr. HARE. Men’s Baseball National Championship; to Ms. HERSETH SANDLIN, Mr. ROTHMAN of New H.R. 2063: Mr. HERGER. the Committee on Education and Labor. Jersey, and Mr. COHEN. H.R. 2119: Mr. BUCHANAN. By Mr. HOYER: H.R. 1074: Mr. HUNTER, Mr. HASTINGS of H.R. 2123: Mr. DOYLE. H. Res. 500. A resolution raising a question Washington, and Ms. FALLIN. H.R. 2129: Mr. COHEN, Mr. WEXLER, and Mr. of the privileges of the House; to the Com- H.R. 1080: Mr. KILDEE, Mr. PALLONE, and ACKERMAN. mittee on Standards of Official Conduct. Mr. HINCHEY. H.R. 2132: Mr. SHERMAN and Mr. SESTAK. By Mr. GARY G. MILLER of California H.R. 1118: Mrs. MCMORRIS RODGERS. H.R. 2139: Mr. PAULSEN and Mr. THORN- (for himself, Mrs. MCCARTHY of New H.R. 1129: Mr. QUIGLEY and Ms. KAPTUR. BERRY. York, Mrs. BIGGERT, Mr. HINOJOSA, H.R. 1157: Mr. KLEIN of Florida. H.R. 2149: Mr. WILSON of South Carolina. Mr. CALVERT, Ms. BORDALLO, Mr. H.R. 1179: Ms. ESHOO. H.R. 2181: Ms. LINDA T. SA´ NCHEZ of Cali- DAVIS of Kentucky, Mr. MILLER of H.R. 1189: Mr. HINCHEY. fornia and Mr. FILNER. North Carolina, Mr. CHILDERS, Mr. H.R. 1193: Mr. MCCOTTER and Mr. GORDON H.R. 2204: Ms. JENKINS, Ms. ESHOO, Mr. CASTLE, Mr. BACHUS, Mr. of Tennessee. GONZALEZ, and Mr. CULBERSON. ODRIGUEZ PRATT NEUGEBAUER, and Mr. GERLACH): H.R. 1203: Mr. R , Mr. S , Mr. H.R. 2214: Ms. SHEA-PORTER. H. Res. 502. A resolution recognizing Na- ROGERS of Alabama, and Mr. SMITH of Texas. H.R. 2243: Mr. GUTHRIE, Mr. BARRETT of tional Homeownership Month and the impor- H.R. 1207: Mr. YOUNG of Florida, Mr. South Carolina, and Mr. MARSHALL. tance of homeownership in the United GRIJALVA, Mr. FRELINGHUYSEN, and Mrs. H.R. 2299: Mr. MEEKS of New York, Ms. States; to the Committee on Financial Serv- HALVORSON. SCHAKOWSKY, and Mr. DRIEHAUS. ices. H.R. 1211: Mr. RODRIGUEZ, Mr. MARSHALL, H.R. 2305: Mr. FORBES, Mr. KLINE of Min- Mr. GONZALEZ, Mrs. DAVIS of California, Mr. nesota, and Mr. MCCOTTER. f COURTNEY, Mr. BROWN of South Carolina, and H.R. 2309: Mr. WAXMAN and Ms. SUTTON. PRIVATE BILLS AND Ms. BERKLEY. H.R. 2310: Mr. BOUSTANY, Mr. BAIRD, Mr. RESOLUTIONS H.R. 1214: Mr. REYES, Mr. PAYNE, and Mr. CONNOLLY of Virginia, Mr. DICKS, Mr. HONDA, SERRANO. Mr. CROWLEY, and Mr. PAULSEN. Under clause 3 of rule XII, H.R. 1378: Mr. UPTON. H.R. 2322: Mr. SESTAK. Mr. INSLEE introduced a bill (H.R. 2694) to H.R. 1402: Ms. BORDALLO, Mr. KUCINICH, Mr. H.R. 2324: Mrs. LOWEY. authorize the Secretary of the department in RYAN of Ohio, Mr. KLEIN of Florida, Mr. H.R. 2329: Mr. GUTHRIE, Mr. BOUCHER, and which the Coast Guard is operating to issue RODRIGUEZ, Mr. WALZ, Mr. WILSON of Ohio, Ms. CORRINE BROWN of Florida. a certificate of documentation with a coast- Ms. LINDA T. SA´ NCHEZ of California, and Mr. H.R. 2360: Mr. COSTELLO, Mr. GALLEGLY, wise endorsement for the vessel GULF BOCCIERI. and Mr. KAGEN.

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H.R. 2368: Ms. LEE of California. H.R. 2655: Mr. MANZULLO and Mr. TIBERI. H. Res. 439: Mr. SERRANO. H.R. 2373: Mr. COBLE, Mr. KISSELL, Mr. H.R. 2669: Mr. PALLONE. H. Res. 443: Ms. SCHAKOWSKY, Mr. WATT, TIBERI, Mr. LEE of New York, and Mr. BAR- H.R. 2670: Mr. PETERSON and Mr. KILDEE. Mr. PIERLUISI, and Ms. BORDALLO. RETT of South Carolina. H. Con. Res. 20: Ms. LEE of California, Mr. H. Res. 469: Mr. CARNAHAN, Mr. REHBERG, H.R. 2389: Mr. SCHIFF. ELLISON, and Mr. INGLIS. Mr. WALDEN, Mr. BURGESS, Mr. GERLACH, Mr. H. Con. Res. 79: Mr. FATTAH and Mr. H.R. 2405: Mr. LOBIONDO. BONNER, Mr. KLINE of Minnesota, Mr. OLSON, H.R. 2409: Mr. MCHUGH and Mr. WESTMORE- HASTINGS of Florida. Mr. DAVIS of Kentucky, Mr. BOUSTANY, Mr. LAND. H. Con. Res. 94: Mr. TAYLOR. DEAL of Georgia, Mr. GUTHRIE, Mr. H.R. 2414: Mr. RODRIGUEZ, Mr. WU, and Mr. H. Con. Res. 110: Ms. SHEA-PORTER, Mr. GALLEGLY, Ms. MOORE of Wisconsin, Mr. ARCURI. GORDON of Tennessee, and Mr. HARE. TIBERI, Mr. COFFMAN of Colorado, Mr. H.R. 2427: Mr. DOYLE. H. Con. Res. 112: Mr. WALZ and Ms. MCCOL- HUNTER, Mr. YOUNG of Florida, Mr. H.R. 2452: Mr. LATOURETTE, Mr. LEE of New LUM. MCCOTTER, Mr. CALVERT, Mr. CASTLE, Mr. York, Ms. BERKLEY, Mr. LARSON of Con- H. Con. Res. 128: Ms. JACKSON-LEE of Texas ADERHOLT, Mr. BURTON of Indiana, Mr. necticut, Mr. HALL of Texas, Mr. JONES, and and Ms. LEE of California. RADANOVICH, Mr. ISSA, Mr. MCCLINTOCK, Mr. Mr. ROE of Tennessee. H. Con. Res. 131: Mr. LATTA, Mr. BILBRAY, SHUSTER, Mr. MILLER of Florida, Mr. H.R. 2480: Mr. JONES, Ms. LEE of California, Mr. KING of Iowa, Mr. JONES, Ms. FALLIN, Mr. CONAWAY, Mr. DENT, Mr. BLUNT, Mr. Mr. SMITH of New Jersey, Mr. SERRANO, Mr. BURTON of Indiana, Mr. WESTMORELAND, and MCKEON, Mr. MARCHANT, Mr. SESSIONS, Mr. VAN HOLLEN, Mr. PASCRELL, Mr. WEXLER, Mr. POSEY. ALEXANDER, Mr. HASTINGS of Washington, Mr. KENNEDY, Mr. LYNCH, Mr. BERMAN, Mrs. H. Con. Res. 132: Mr. WOLF, and Mr. GAR- Mr. HELLER, Mr. MACK, Mrs. BONO MACK, Mr. CAPPS, Mr. WOLF, Mr. PAYNE, Mr. DOYLE, RETT of New Jersey. TIAHRT, Mr. TERRY, Mr. SCHOCK, Mr. Mrs. DAVIS of California, and Mr. MCNERNEY. H.Res. 175: Mr. DENT. MCHENRY, Mrs. CAPITO, Mr. AUSTRIA, Mrs. H.R. 2483: Ms. MATSUI and Mr. NADLER of H.Res. 185: Mr. LEWIS of Georgia. New York. H.Res. 236: Mr. LAMBORN. SCHMIDT, Mr. MCCARTHY of California, Mr. MARIO DIAZ-BALART of Florida, Mr. SOUDER, H.R. 2490: Ms. EDDIE BERNICE JOHNSON of H.Res. 241: Mr. WU and Mr. ROYCE. Texas. H.Res. 260: Mr. CLEAVER, Mr. ISRAEL, Mr. Mr. MORAN of Kansas, Mr. ROGERS of Ala- H.R. 2495: Mr. BURTON of Indiana. HASTINGS of Florida, Mr. HODES, Ms. LINDA bama, Mr. TURNER, and Mr. PENCE. H.R. 2499: Mr. PAUL, Mr. POSEY, Mr. AKIN, T. SA´ NCHEZ of California, Mr. GEORGE MIL- H. Res. 473: Mr. WESTMORELAND, Mr. GAR- Mr. FRANKS of Arizona, Mr. DICKS, Mr. KIND, LER of California, Mrs. MCCARTHY of New RETT of New Jersey, Mr. BROUN of Georgia, Ms. SHEA-PORTER, and Mr. LANGEVIN. York, Mr. PERLMUTTER, Mr. LYNCH, Mr. Mr. CONAWAY, and Mr. BILBRAY. H.R. 2503: Mrs. BACHMANN and Mr. SMITH of TIERNEY, Mr. NEAL of Massachusetts, Mr. H. Res. 476: Ms. EDDIE BERNICE JOHNSON of Texas. MCDERMOTT, Ms. Fudge, Mr. COOPER, Mr. Texas, Mr. KENNEDY, Mr. HONDA, Mr. TAN- H.R. 2517: Mr. ABERCROMBIE and Mr. DONNELLY of Indiana, Mr. PETRI, Mr. NER, and Mr. NADLER of New York. PALLONE. KUCINICH, Mrs. DAVIS of California, Mr. H. Res. 480: Ms. CLARKE. H.R. 2519: Mr. VAN HOLLEN, Mr. CROWLEY, LEVIN, Mrs. TAUSCHER, Mrs. MALONEY, Ms. H. Res. 484: Mr. PALLONE. and Ms. SCHWARTZ. WOOLSEY, Ms. SLAUGHTER, Mr. KLEIN of Flor- H.R. 2527: Mr. MASSA and Mr. HONDA. ida, Mr. DOGGETT, Mr. KANJORSKI, Mr. WALZ, f H.R. 2531: Mr. REYES, Mr. HOLT, Mr. Ms. SHEA-PORTER, Mr. HALL of New York, ELLISON, Mr. NADLER of New York, and Ms. Mr. KAGEN, Mr. ABERCROMBIE, Mr. ACKER- LEE of California. MAN, Mr. LOEBSACK, Mr. HILL, Mr. ELLISON, CONGRESSIONAL EARMARKS, LIM- H.R. 2537: Mr. SOUDER, Mr. FRANKS of Ari- Mr. BRALEY of Iowa, and Mr. TANNER. ITED TAX BENEFITS, OR LIM- zona, and Mr. PITTS. H. Res. 293: Mr. LOBIONDO and Mr. HOLT. ITED TARIFF BENEFITS H.R. 2539: Mr. BURTON of Indiana. H. Res. 330: Mr. HILL, Mr. MOORE of Kansas, H.R. 2553: Mr. SMITH of Washington. Mr. NYE, Ms. HARMAN, and Mr. BOSWELL. Under clause 9 of rule XXI, lists or H.R. 2554: Mr. MURPHY of Connecticut. H. Res. 366: Mr. TIBERI, Mr. KIRK, Mr. statements on congressional earmarks, H.R. 2562: Mr. PIERLUISI, Mr. CARNEY, and MICHAUD, and Mr. GONZALEZ. limited tax benefits, or limited tariff Ms. BORDALLO. H. Res. 373: Mr. WOLF and Mr. MCHUGH. benefits were submitted as follows: H.R. 2570: Ms. FUDGE and Ms. LINDA T. H. Res. 410: Ms. WASSERMAN SCHULTZ, Mr. SA´ NCHEZ of California. ARCURI, Ms. BORDALLO, Mr. JONES, Mr. SHU- The amendment to be offered by Rep- H.R. 2577: Mr. VISCLOSKY. STER, Mr. PUTNAM, Mr. COBLE, Ms. BERKLEY, resentative ISSA of California, or a designee, H.R. 2578: Mr. MEEKS of New York and Mr. Ms. ROS-LEHTINEN, Mr. MCINTYRE, Mr. MACK, to H.R. 626, the Federal Employees Paid Pa- LOBIONDO. and Mr. OBERSTAR. rental Leave Act of 2009, does not contain H.R. 2597: Ms. BORDALLO and Mr. STARK. H. Res. 419: Ms. SCHAKOWSKY. any congressional earmarks, limited tax H.R. 2648: Ms. CLARKE, Mr. UPTON, and Mr. H. Res. 437: Mr. HOLT, Ms. ZOE LOFGREN of benefits, or limited tariff benefits as defined ISSA. California, Mr. CALVERT, and Ms. ESHOO. in clause 9(d), 9(e), or 9(f) of Rule XXI.

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Vol. 155 WASHINGTON, WEDNESDAY, JUNE 3, 2009 No. 82 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, The assistant legislative clerk pro- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, ceeded to call the roll. UDALL, a Senator from the State of Washington, DC, June 3, 2009. Mr. MCCONNELL. Mr. President, I New Mexico. To the Senate: ask unanimous consent that the order Under the provisions of rule I, paragraph 3, for the quorum call be rescinded. of the Standing Rules of the Senate, I hereby PRAYER The ACTING PRESIDENT pro tem- appoint the Honorable TOM UDALL, a Senator The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform pore. Without objection, it is so or- fered the following prayer: the duties of the Chair. dered. Let us pray. ROBERT C. BYRD, f President pro tempore. Lord, who shall abide in Your taber- RECOGNITION OF THE MINORITY nacle? Who shall dwell in Your holy Mr. UDALL of New Mexico thereupon LEADER assumed the chair as Acting President hill? You have given us the answers. The ACTING PRESIDENT pro tem- pro tempore. Those who walk upright and work pore. The Republican leader is recog- righteousness, who speak the truth in f nized. their hearts, will abide in Your pres- RECOGNITION OF THE MAJORITY f ence. LEADER Today, prepare the men and women ORDER OF PROCEDURE of this body to dwell with You. Give The ACTING PRESIDENT pro tem- Mr. MCCONNELL. Mr. President, at them the integrity to be true to their pore. The majority leader is recog- some point we will be back on the duties, always striving to please You. nized. postcloture time. When that occurs, I Lord, fix their hearts on You, that ev- f ask unanimous consent that my hour erything they say and do will be under SCHEDULE postcloture be given to the Senator Your Lordship. Send out Your light from North Carolina, Mr. BURR. and Your truth that they may shine in Mr. REID. Mr. President, following The ACTING PRESIDENT pro tem- this Chamber, and guide our Senators leader remarks, there will be a period pore. Without objection, it is so or- in these challenging times. Join our of morning business for 1 hour. Sen- dered. ators will be permitted to speak for up lawmakers to You with an inseparable f bond of love for You. You alone, O God, to 10 minutes each. The majority will can guard their hearts with peace. control the first 30 minutes and the Re- TOBACCO REGULATION We pray in the Redeemer’s Name. publicans will control the next 30 min- Mr. MCCONNELL. Mr. President, I Amen. utes. wish to say a few words about the FDA Following morning business, the Sen- legislation we have been debating on f ate will resume consideration of the to- the floor this week. First, I thank Sen- bacco legislation, H.R. 1256. This is ator ENZI for his hard work in man- PLEDGE OF ALLEGIANCE postcloture on the motion to proceed. aging this bill. He always does a great The Honorable TOM UDALL led the Upon the use or yielding back of the 30 job. I also wish to acknowledge Senator Pledge of Allegiance, as follows: hours of postcloture debate time, the BURR’s thoughtful leadership on this I pledge allegiance to the Flag of the Senate will turn its consideration to legislation. This is a complicated set of United States of America, and to the Repub- that legislation. We hope that some issues. No one—I repeat, no one— lic for which it stands, one nation under God, time can be yielded back. We will wait knows the intricacies better than the indivisible, with liberty and justice for all. and see what the will of the Repub- Senator from North Carolina, Mr. licans is at this time. We would like to BURR. He has been a good friend and f begin the amendment process. We had ally of producers and growers dating a number of very good speeches yester- back to his days in the House, and he APPOINTMENT OF ACTING day from Senators who intend to offer has offered a thoughtful alternative to PRESIDENT PRO TEMPORE amendments to this legislation. I will this very flawed legislation which we The PRESIDING OFFICER. The be speaking with the Republican leader have before us. clerk will please read a communication throughout the day. A few years ago, I led the effort in to the Senate from the President pro Mr. President, I note the absence of a Congress to enact a tobacco buyout tempore (Mr. BYRD). quorum. which ended the Federal Government’s The assistant legislative clerk read The ACTING PRESIDENT pro tem- support of tobacco production. Al- the following letter: pore. The clerk will call the roll. though the number of tobacco farms in

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5985

.

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.000 S03JNPT1 jbell on PROD1PC69 with SENATE S5986 CONGRESSIONAL RECORD — SENATE June 3, 2009 Kentucky has decreased as a result of tremendous misuse of its overstretched government involvement in the econ- that legislation, thousands of Ken- resources. We should be focused on giv- omy. The government is running banks tucky farm families and communities ing FDA the resources it needs to pro- now. It is running insurance compa- still depend on the income from to- tect the public health, not burdening it nies. As of this week, it is running a bacco production. I have concerns with an impossible assignment. significant portion of the American about the effect this legislation might f automobile industry. Now it is think- have on them. ing seriously about running the entire HEALTH CARE REFORM Still, no one in this Chamber would health care industry, and chances are deny that tobacco is hazardous to the Mr. MCCONNELL. Mr. President, as Americans won’t like the result any health of those who use it. Everyone we consider the best way to reform more than they like the government knows that. If the purpose of this bill health care, some have argued that a takeover of the banks or the auto in- is to reduce the harm it could cause so-called government option would not dustry. the people who consume it, then forc- lead to a government takeover of Americans who now take for granted ing the Food and Drug Administration health care. They promise safeguards the ability to choose their care may to do the regulating would be the to ensure a level playing field between suddenly find themselves being told by wrong route to take. private plans and a government-run government bureaucrats that they are Former FDA Administrator Dr. An- plan. But no safeguard could ever cre- too old to qualify for a certain kind of drew von Eschenbach has predicted ate a truly level playing field. The rea- surgery or that they have to go to the that forcing the FDA to regulate to- son is simple: Unlike private insurance back of the line for a procedure they bacco would undermine the agency’s plans, a government-run plan would can now get right away. As I have said, core mission of protecting the public have unlimited access to taxpayer Americans want health care reform, health and ensuring that foods, medi- money and could borrow as much but this isn’t what they have in mind. cines, and other products don’t pose a money as it wants to subsidize the cost Americans don’t want their health care risk to American consumers. When the of services. The Federal Government is denied and they don’t want it delayed. FDA approves a product, Americans ex- already planning to borrow $1.8 trillion But once government health care is the pect the product to be safe, but as we this year alone. If a company were al- only option, bureaucratic hassles, end- all know, there is no such thing as a lowed to borrow that much money, it less hours stuck on hold waiting for safe cigarette. It doesn’t exist. Forcing could easily wipe out its competition, government service representatives, re- the FDA to regulate cigarettes will not set prices, and create a monopoly. That strictions on care, and, yes, rationing, make them safer for the American peo- is just what a so-called government are sure to follow. Americans don’t ple. ‘‘option’’ for health care will, in all want some remote bureaucrat in Wash- This legislation is flawed for other likelihood, lead to. ington deciding whether their mothers reasons as well. As Senators BURR, A government-run plan would set ar- and fathers or spouses have access to a ENZI, and others have repeatedly point- tificially low prices that private insur- lifesaving drug. They don’t want to ed out, the FDA is already overworked ers would have no way of competing share the fate of Bruce Hardy. in carrying out its core mission of pro- with. Rates for private health plans Bruce was a British citizen who was tecting the public health. When it would either skyrocket, leaving com- suffering from cancer. According to comes to contaminated peanut butter, panies and individuals unable to afford press reports, his doctor wanted to pre- tainted toothpaste, or unsafe drugs them, or private health plans would scribe a new drug that was proven to coming into the United States, Ameri- simply be forced out of business. Either delay the spread of his disease. But the cans expect that all of FDA’s resources way, the government-run plan would government agency that runs Britain’s are being used to protect them. Yet in- take over the health care system, radi- health care system denied the treat- stead of freeing additional resources cally changing the way Americans ment. They said it was too expensive— for the FDA to perform this important choose and receive their care, from that Bruce Hardy’s life wasn’t worth function, this legislation could divert routine checkups to lifesaving sur- prolonging, based on the cost to the the agency’s limited resources toward geries. No safeguard could prevent this government of the drug he needed to an impossible task: Vouching for the crowdout from happening, and no safe- live. In a story discussing Bruce’s safety of a product that cannot be guard could, therefore, keep the mil- plight, the New York Times noted that made safe. The American people don’t lions of Americans who currently like if Bruce had lived in the United States, want the FDA’s resources diverted on a the health care they have from being he likely would have been able to get fool’s errand. forced off of their plans and onto a gov- this treatment. It is hard to understand what the ernment-run plan instead. But that could change. What hap- supporters of this bill are trying to ac- This isn’t some fantasy scenario. We pened to Bruce Hardy could happen complish. If the goal is to reduce smok- are already seeing in the government here. Americans who now have the ing, then why isn’t there a single takeover of the auto industry how gov- freedom to find the care they need and dime—not one dime—in this bill di- ernment interference in business forces to make their own health care deci- rected at smoking cessation programs? firms out of the way by leveraging tax- sions could be stripped of that right by If there is no such thing as a safe ciga- payer dollars against their private a new government agency. This hap- rette, the best way to help smokers is competitors. Now that the government pens every single day in countries such to help them kick the habit. This bill runs General Motors and has provided as Britain. It happens to people like doesn’t do that. If the goal of this leg- billions to its financing arm, GMAC, Bruce Hardy, against their will and islation is to launch a public campaign the company is offering interest rates against the will of their loved ones. As to reduce smoking and promote better that Ford, which hasn’t taken any gov- Bruce’s wife put it: health, then why is there no focus on ernment money, and other companies which haven’t taken any government Everybody should be allowed to have as Federal programs that are already in much life as they can. place to achieve this goal? money just can’t compete with. What This legislation is the wrong way to this means is that one American auto In America, we are free to make regulate tobacco, and that is why Sen- company that actually made the tough those decisions ourselves. If Congress approves a government takeover of ator BURR will offer a thoughtful way decisions so that it wouldn’t need a health care, that freedom could soon be to accomplish the goal. Senator BURR’s government bailout is now at a com- proposal would create a new agency petitive disadvantage to a company a memory. whose sole responsibility is to regulate that is being propped up by billions of Mr. President, I yield the floor. tobacco. This would address the prob- dollars of borrowed tax money. This is f lem without undermining FDA’s mis- how the government subsidizes failure sion or straining its resources. at taxpayers’ expense and can unfairly RESERVATION OF LEADER TIME Forcing the FDA to regulate and ap- undercut good companies, and this is The ACTING PRESIDENT pro tem- prove the use of tobacco would be a dis- precisely why so many Americans are pore. Under the previous order, leader- tortion of the agency’s mission and a worried about the trend of increased ship time is reserved.

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.001 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5987 MORNING BUSINESS After consulting with his com- I rise today, along with my friend The ACTING PRESIDENT pro tem- manders on the ground, including Gen- and colleague from South Carolina, to pore. Under the previous order, there eral Petraeus and General Odierno, strongly encourage our colleagues in will now be a period of morning busi- President Obama decided to reverse the the Senate and in the House on the ness for up to 1 hour, with Senators decision of the government lawyers and conference committee to include the permitted to speak therein for up to 10 fight the release of these photographs. modified version of the Detainee Pho- minutes each, with the time equally di- Of course, I feel very strongly that he tographic Records Protection Act in vided and controlled between the two made not only a gutsy decision but the the conference report that is currently leaders, or their designees, with the entirely right decision. being negotiated. We know there are those who are majority controlling the first half and The President said, in making that urging the conferees to delete this pro- the Republicans controlling the second decision: vision, or to water it down. That would half. The publication of these photos would not be a terrible mistake. As President Mr. MCCONNELL. Mr. President, I add any additional benefit to our under- Obama well understands, nothing less suggest the absence of a quorum. standing of what was carried out in the past The ACTING PRESIDENT pro tem- by a small number of individuals. In fact, the than the safety and security and lives pore. The clerk will call the roll. most direct consequence of releasing them, I of our military service men and women believe, would be to further inflame anti- The assistant legislative clerk pro- is at stake—not to mention our non- American opinion and to put our troops in military personnel deployed abroad, ceeded to call the roll. great danger. Mr. LIEBERMAN. Mr. President, I not to mention Americans here at I strongly believe this decision was ask unanimous consent that the order home and throughout the world, who the right one by the President, acting for the quorum call be rescinded. may be at risk of terrorist attack by The ACTING PRESIDENT pro tem- as Commander in Chief. It will protect an individual recruited to Islamist ex- pore. Without objection, it is so or- our troops in Iraq, Afghanistan, and tremism and terrorism, as a result of dered. elsewhere, and it will make it easier the anger spurred by the release of and safer for them to carry out the these photographs. f missions we have asked them to do. In Bottom line: American lives are at DETAINEE PHOTOGRAPHIC fact—and this has become public in re- stake. Senator GRAHAM and I feel so RECORDS PROTECTION ACT cent days, and I heard it earlier around strongly about this. I will speak for Mr. LIEBERMAN. Mr. President, I the time the President made the deci- myself here and then allow him, in a rise to speak in morning business sion—after learning that the release of moment, to speak for himself. Any de- about supporting President Obama in these photographs was either possible cision to eliminate this provision from his efforts to protect the safety and se- or likely, before President Obama’s de- the Supplemental Appropriations Act, curity of the American people, the cision to appeal, Iraq’s Prime Minister or to water it down so it has no mean- American military, and the civilian Maliki said, according to these press ing, would lead me, certainly, much as personnel serving us all abroad. This reports, that ‘‘Baghdad will burn’’ if I support what is in the Supplemental goes to the question of the pending the photos are released, jeopardizing Appropriations Act, to oppose that act, lawsuit by the American Civil Lib- many of the remarkable security gains because I think a failure to back up erties Union that would require the our military and civilian personnel President Obama in this matter would, publication of various photographs of have achieved in Iraq in recent years, as I have said, compromise safety and, treatment by Americans of detainees. putting our troops and personnel in ultimately, the lives of a lot of Ameri- On May 13, President Obama an- danger. cans, particularly those in uniform. nounced that he would not release To support the President’s decision Let me be clear. By including the De- nearly 2,100 photographs depicting the and establish a procedure to protect tainee Photographic Records Protec- alleged mistreatment of detainees in the release of similar photos in the fu- tion Act in the conference report for U.S. custody. Detainees are what we ture, for the exact same reason, Sen- the supplemental appropriations bill, Congress will not be condoning the be- normally call ‘‘prisoners of war,’’ ex- ator GRAHAM—my colleague and friend, havior depicted in the photographs. In cept they have a lower status than that who is now on the floor—and I intro- fact, the exact opposite is true. Such under the Geneva Conventions. Many duced the Detainee Photographic behavior has already been prohibited of these photographs were the subject Records Protection Act. That legisla- by Congress in the Detainee Treatment of a Freedom of Information Act law- tion would authorize the Secretary of Act and the Military Commissions Act suit filed by the ACLU, while others Defense, after consultation with the as well as by executive orders issued by were discovered during internal De- Chairman of the Joint Chiefs, to cer- tify to the President that the disclo- President Obama. partment of Defense investigations We expect that those responsible for sure of photographs such as the ones at into detainee abuse. the mistreatment of detainees will be issue in the ACLU lawsuit would en- Last fall, as part of that lawsuit, the held accountable. And that is exactly danger the lives of U.S. citizens and Second Circuit Court of Appeals in New what the Department of Defense has members of the armed services de- York ordered the release of many of done with the internal investigations ployed abroad. Essentially, our bill those photographs. Instead of appeal- that are finished or are underway. ing that decision to the Supreme Court would codify the exact process that But the bottom line is that the re- at that time, government lawyers President Obama went through in ar- lease of these photographs, and poten- agreed to release the images, as well as riving at his decision to fight the re- tially others that may be discovered, others that were part of the internal lease of these photos. will endanger the lives of our military Department of Defense investigation. Also, the language in the bill Senator personnel and every U.S. citizen. Every Senator LINDSEY GRAHAM and I GRAHAM and I introduced is clear, we American, whether in a military uni- strongly objected to that decision and believe, in that it would apply to the form or not, will always be a target for wrote a letter to the President explain- current ACLU lawsuit and block the al-Qaida or supporters of al-Qaida ing our position. We know that photo- release of these photographs, pre- around the world. graphs such as the ones at issue in the venting the damage to American lives The public release of these pictures, ACLU lawsuit are, in fact, used by that would occur from that release. which we know will be spread on vio- Islamist terrorists around the world to The Senate unanimously supported lent jihadist Web sites around the recruit followers and inspire attacks the inclusion of a slightly modified world immediately after they are pub- against American service men and version of the Detainee Photographic lished, will only energize the efforts of women. In particular, there is compel- Records Protection Act in the supple- our enemies. ling evidence that the images depicting mental appropriations bill for the wars With the inclusion of the Detainee detainee abuse at Abu Ghraib was a in Iraq and Afghanistan. The Senate Photographic Records Protection Act great spur to the insurgency in Iraq then approved the supplemental bill by in the supplemental appropriations bill and made it harder for our troops to a vote of 86 to 3 before we broke for the conference report, Congress has the op- succeed safely in their mission there. Memorial Day recess. portunity to support the President in

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.002 S03JNPT1 jbell on PROD1PC69 with SENATE S5988 CONGRESSIONAL RECORD — SENATE June 3, 2009 his primary mission as Commander in release the photos would result in cer- keting practices that have been shown Chief—and, frankly, our number one tain death and attack against Amer- to increase tobacco use among our Na- mission as well—to protect the safety ican interests abroad, particularly tion’s young people. and security of the United States. against the diplomatic corps and our I, like so many of my colleagues, I strongly urge my colleagues to in- men and women serving abroad, and no some of whom are experiencing at the clude our amendment—which had higher purpose would be achieved here same time I am, and some who have al- unanimous support in this Chamber— at home. ready been through it—I am just begin- in the final conference report. We made compromises in the legisla- ning the teen years with my children. I yield the floor for my friend from tion, but we did not destroy the intent My twin boys will be turning 13 in a South Carolina. of the legislation. And for the courts couple of weeks. Let me tell you, the The ACTING PRESIDENT pro tem- that may listen to try to discern the pressure on our young people across pore. The Senator from South Carolina legislative intent, the intent by both this country is very real and very is recognized. authors was to make sure that the tough. Mr. GRAHAM. Mr. President, I ask photos subject to the pending litiga- What we are talking about in this that my time be taken from the minor- tion were never released and Congress bill—the authority—is absolutely crit- ity side when it comes to the 30-minute weighed in and agreed with the Presi- ical. The tobacco industry has a long allocation. dent’s decision not to release those and disturbing history of marketing its The ACTING PRESIDENT pro tem- photos. We have changed the law, di- products to appeal to young people. pore. Without objection, it is so or- rectly on point, to give legislative Last year, the National Cancer Insti- dered. backing to the idea that these par- tute published a comprehensive report Mr. GRAHAM. Mr. President, I stand ticular photographs, and those like on tobacco marketing that documented up in support of my friend and col- these photographs, should not be re- the powerful influence that tobacco league from Connecticut, Senator leased for a period of 3 years, and that marketing has on our children. The report found that ‘‘the evidence LIEBERMAN. We were able to get passed is in our national security interests to base indicates a casual relationship be- a piece of legislation, through an do so. amendment on the supplemental bill, I hope the courts will understand tween tobacco advertising and in- that is directly on point regarding the what we were trying to do and what we creased levels of tobacco initiation and continued consumption’’ and that even pending court case, the subject matter actually did. of which is releasing additional de- To our House and Senate colleagues brief exposure to tobacco advertising tainee photos of past abuse. trying to find compromises on the sup- influences kids’ attitudes and percep- The President has looked at these plemental legislation, please under- tions about smoking, as well as their intentions to smoke. photos, and we all understand that it is stand the purpose of this amendment, The tobacco industry spends more more of the same—that the photos in how important it is to the war effort, than $13 billion per year to promote question came from American troops’ why the President is in support of the cameras, who were engaged in inappro- their products. Many of these mar- amendment. He is making a very re- keting efforts directly reach our chil- priate activity. Disciplinary action has sponsible decision as Commander in been taken where appropriate, and dren. I want to share with folks an ad. Chief. I applaud him for doing that. Here is an ad that appeared in a con- nothing new is to be learned. There is This language needs to stay as is, in- venience store in Delaware. Yes, it says no new evidence of crimes by people tact. Again, it is a matter of life and what you think it says. It is a back-to- who have yet to be dealt with. death. And if for some reason it came school special for Camel cigarettes—a It would, as my friend from Con- out, it would be a disaster—because the back-to-school special. necticut said, be voyeurism for the court case is pending now—if it came I have to say, I so enjoyed when my sake of voyeurism. The photos are of- out, please understand that there will kids were in elementary school and fensive but no different than what we be nothing done in the Senate for as taking them to the store to get their have already seen. long as I am here and Senator crayons and their pencils and their The reason we are here supporting LIEBERMAN is here that would not have notebooks. I think about now even in this legislation and supporting the this amendment attached. You could their teen years, we go and maybe we President is because, as Senator not name a post office without this get a couple of new outfits, we talk LIEBERMAN said, the consequences of amendment. It is not going away. about graph paper and what they are releasing the photos are not a mystery. I thank my colleague from Arkansas going to learn and all the exciting Americans are going to die. for her courtesies. things. We prepare them for school, I just got back from a trip to North I yield the floor. getting back to school. We are ending Africa, Morocco, and Algeria, and I The ACTING PRESIDENT pro tem- up school right now, but we will go went to Greece. Every embassy very pore. The Senator from Arkansas. through it in the fall again. It is unbe- much was worried about what would Mrs. LINCOLN. Mr. President, I lievable to me that we would run ads: happen to Americans if these photos thank my colleagues, Senator back to school, get your bargain, here were released. They were preparing to LIEBERMAN and Senator GRAHAM, for it is, a pack of cigarettes. be, quite frankly, under siege. their thoughtful dedication to this The industry also reaches our kids by As Senator LIEBERMAN indicated in issue and certainly looking for the saturating convenience stores, drug- the Miami Herald article, when Prime right compromise and, more impor- stores, and gas stations with tobacco Minister Maliki in Iraq was informed tantly, for their support of our troops, advertisements, often placing ads and these additional photos may be re- the men and women in uniform and products near the candy and gum dis- leased, another tranche of photos com- those who serve this country all across plays, or using other visual tricks such ing out about detainee abuse, accord- the globe. as bright colors and also through spon- ing to American military officials in- f sorship of sports and entertainment volved, he went pale in the face and ut- events which are obviously what kids FAMILY SMOKING PREVENTION tered the phrase: ‘‘Baghdad will burn.’’ are interested in so often in the sports AND TOBACCO CONTROL ACT To those who are arguing for the re- arena and other things with which they lease of the photos, I do not question Mrs. LINCOLN. Mr. President, I rise are involved. their patriotism, I do not question today to urge my colleagues to support Tobacco companies know that almost their motives. I question their judg- and pass the legislation that is cur- all new smokers begin as kids. They ment. To our House and Senate col- rently before the Senate, and that is carefully design their products to make leagues who are in conference, please the Family Smoking Prevention and them more attractive to kids. For ex- understand that Senator LIEBERMAN, Tobacco Control Act. The Family ample, in this ad, flavors are used to myself, and I think the vast majority Smoking Prevention and Tobacco Con- make the smoke less harsh, more fla- of our Senate colleagues—we did not trol Act would implement important vorful, and easier for kids to smoke. take a recorded vote—believe this is a marketing restrictions on tobacco We see in this ad, R. J. Reynolds has life-and-death matter. I believe that to products and especially on the mar- heavily marketed products with fruit

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.001 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5989 flavors such as Twista Lime, Warm tempts by the tobacco companies to of a statue of Ronald Reagan, one of Winter Toffee, and Winter Mocha Mint. get around specific restrictions. The re- our country’s great Presidents and a Bright colorful ads for these cigarettes strictions on marketing included in the personal hero to me throughout my po- have appeared in magazines that are FDA tobacco bill are critical to any ef- litical life. While there are many as- very popular with our children. fort to prevent kids from starting to pects of President Reagan’s legacy we Who do we think candy and fruit-fla- smoke and reduce the toll caused by might reflect on today, I would like to vored products are for? Certainly they tobacco. take the opportunity to discuss one of are not for the adults who have been Even though tobacco companies them—his dream of a world free of nu- smoking Marlboros or Camels all their claim they have stopped intentionally clear weapons. lives. Survey evidence shows what we marketing to kids, they continue their Speaking before the Japanese Diet on would expect: that these candy and tradition of designing products that ap- November 11, 1983, President Ronald fruit-flavored products are far more peal explicitly to new users. The large Reagan said: popular with our young people than majority—and we cannot ignore it—the The only value in possessing nuclear weap- among adults. large majority of those new users are ons is to make sure they can’t ever be used. Targeting our children like this is our children. I know I speak for people everywhere when I absolutely unacceptable—unacceptable I mentioned that my children are say our dream is to see the day when nuclear for the health of our children and for about to be teens, and as the mother of weapons will be banished from the face of the the well-being of our health care sys- twins about to be teens, I know that earth. tem. Here we are debating health care parents want to do all they can to pro- That is my dream, too, and it is one reform at a time when we realize that tect their children. Children are faced shared by many of our most distin- it is 18 percent of our GDP, and over with so much in today’s world, whether guished national security practi- the next 10 years health care is going it is violence, whether it is issues such tioners. In 2007, former Secretaries of to be one-fifth of our economy. To be as this, whether it is peer pressure. Our State Henry Kissinger and George advertising to our children to start children are faced with many things. Shultz, along with former Secretary of something that we know is going to be We want to protect them. We want to Defense William Perry and Senator detrimental to their health is abso- help them learn to wear seatbelts and Sam Nunn, authored an article entitled lutely unacceptable. bicycle helmets. We want to teach ‘‘A World Free of Nuclear Weapons,’’ in If we are ever going to address the them all that we can, the skills they which they laid out their vision of the No. 1 preventable cause of death in the need in life so they can remain safe and globe free of the most dangerous weap- United States, we need to provide the healthy. ons ever known. FDA with the authority to restrict to- I look at the restrictions we put on This is a distant and difficult goal. bacco companies marketing to our our children each day to make sure We must proceed toward it prudently children. they are wearing those helmets, to and pragmatically and with a focused While progress has been made in the make sure they are not on the com- concern for our security and the secu- last decade, youth tobacco use remains puter too much, to make sure they are rity of allies that depend on us. But the far too high. More than 20 percent of using the computer safely. All of these Cold War ended almost 20 years ago, high school students in my home State things we do as parents to ensure we and the time has come to take further of Arkansas smoke, and more than 18 are doing our job to keep our children measures to reduce dramatically the percent of Arkansas’s high school boys as safe as we possibly can. number of nuclear weapons in the use smokeless tobacco. Each year, a We also need to protect our children world’s arsenals. In so doing, the staggering 13,100 Arkansas kids try from tobacco companies—their adver- United States can—and indeed must— cigarettes for the first time, and an- tising and promotion. The Family show the kind of leadership the world other 3,900 additional kids become new Smoking Prevention and Tobacco Con- expects from us, in the tradition of and regular daily smokers. Ninety per- trol Act does this. It would end special American Presidents who worked to re- cent of all adult smokers began smok- protection for the tobacco industry, duce the nuclear threat to mankind. ing in their teen years. Tobacco compa- and it would be safeguarding our chil- Our highest priority must be to re- nies know they have to attract kids to dren and creating a healthier nation in duce the danger that nuclear weapons be able to survive. They know that if the process. will ever be used. Such weapons, while they get kids hooked, then they will Again, I encourage my colleagues to still important to deter an attack with have those adult smokers, and their work with me and all of the other Sen- weapons of mass destruction against us marketing efforts have paid off. ators working on this bill to move this and our allies, represent the most ab- According to recent studies by the bill forward on behalf of our children, horrent and indiscriminate form of U.S. Centers for Disease Control and certainly on behalf of the health care warfare known to man. We do, quite Prevention, more than 80 percent of needs of this country but, most impor- literally, possess the means to destroy kids smoke the three most heavily ad- tantly, for parents who are trying so all mankind. We must seek to do all we vertised brands. While tobacco compa- hard to ensure their kids will get off on can to ensure that nuclear weapons nies claim they do not market to our the right foot and that they will learn will never again be used. As the admin- children, they are surely doing a good to make wise decisions and will not be istration renews its nuclear weapons job of getting kids to use their prod- faced with these types of temptations posture, it should, I believe, seek to re- ucts. and others to stray in a way that is duce the size of our nuclear arsenal to We simply must do more to protect going to be unhealthy for them and the lowest number possible, consistent our children from the tobacco company unhealthy for their future. with our security requirements and advertising and promotion. Effective Mr. President, I ask unanimous con- global commitments. This means a regulation of the tobacco industry sent to reserve the remaining majority move, as rapidly as possible, to a sig- must provide FDA with the authority time. nificantly smaller force. As we take to restrict tobacco company marketing The ACTING PRESIDENT pro tem- such steps, it will be crucial to con- to children. That is one of the key pore. Without objection, it is so or- tinue to deploy a safe and reliable nu- goals of the Family Smoking Preven- dered. clear deterrent, robust missile de- tion and Tobacco Act. It imposes those Mrs. LINCOLN. Mr. President, I yield fenses, and superior conventional specific marketing restrictions on to- the floor. forces capable of defending the United bacco products, restrictions on those The ACTING PRESIDENT pro tem- States and our allies. forms of tobacco marketing I men- pore. The Senator from Arizona is rec- Today, we find ourselves at a nuclear tioned earlier that have been shown to ognized. crossroads. As rogue nations, including increase youth tobacco use. f North Korea and Iran, push the nuclear Even more importantly, the bill gives envelope, the perils of a world awash in the FDA the flexibility to further re- NUCLEAR WEAPONS nuclear weapons is clear. Yet we should strict tobacco marketing so it can re- Mr. MCCAIN. Mr. President, today we also consider the more hopeful alter- spond to the inevitable innovative at- celebrate the unveiling in the Capitol native—a world in which there are far

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.004 S03JNPT1 jbell on PROD1PC69 with SENATE S5990 CONGRESSIONAL RECORD — SENATE June 3, 2009 fewer such weapons than there are dent. As Secretary Shultz has written, way by which the miraculous inventiveness today and in which proliferation, insta- this was a dream President Reagan of man shall not be dedicated to his death, bility, and nuclear terrorism are far pursued with great patience and depth but consecrated to his life.’’ John F. Ken- less likely. of conviction. We would be wise to fol- nedy, seeking to break the logjam on nuclear In achieving this world, Ronald Rea- disarmament, said, ‘‘The world was not low his lead. meant to be a prison in which man awaits gan’s dream will be more important Mr. President, I ask unanimous con- his execution.’’ than ever before. As Secretaries Kis- sent to have printed in the RECORD two Rajiv Gandhi, addressing the U.N. General singer and Shultz wrote with their col- articles by George Shultz, William Assembly on June 9, 1988, appealed, ‘‘Nuclear leagues in 2008: Perry, Henry Kissinger, and Sam Nunn, war will not mean the death of a hundred Progress must be facilitated by a clear one of January 4, 2007, and the other of million people. Or even a thousand million. statement of our ultimate goal. Indeed, this January 15, 2008. It will mean the extinction of four thousand is the only way to build the kind of inter- There being no objection, the mate- million: the end of life as we know it on our national trust and broad cooperation that planet earth. We come to the United Nations will be required to effectively address to- rial was ordered to be printed in the to seek your support. We seek your support day’s threats. Without the vision of moving RECORD, as follows: to put a stop to this madness.’’ towards zero, we will not find the essential [From The Wall Street Journal, Jan. 4, 2007] Ronald Reagan called for the abolishment cooperation required to stop our downward A WORLD FREE OF NUCLEAR WEAPONS of ‘‘all nuclear weapons,’’ which he consid- spiral. ered to be ‘‘totally irrational, totally inhu- (By George P. Shultz, William J. Perry, mane, good for nothing but killing, possibly Make no mistake, we must arrest the Henry A. Kissinger and Sam Nunn) destructive of life on earth and civilization.’’ downward spiral. North Korea’s recent Nuclear weapons today present tremendous nuclear test is just the latest provoca- Mikhail Gorbachev shared this vision, which dangers, but also an historic opportunity. had also been expressed by previous Amer- tive demonstration of the troubling re- U.S. leadership will be required to take the ican presidents. ality the world faces today. Together world to the next stage—to a solid consensus Although Reagan and Mr. Gorbachev failed with Iran’s ongoing commitment to nu- for reversing reliance on nuclear weapons at Reykjavik to achieve the goal of an agree- clear development, we face real dan- globally as a vital contribution to pre- ment to get rid of all nuclear weapons, they gers in the proliferation of the world’s venting their proliferation into potentially did succeed in turning the arms race on its most terrible weapons. The United dangerous hands, and ultimately ending head. They initiated steps leading to signifi- States must lead the world not only in them as a threat to the world. cant reductions in deployed long- and inter- Nuclear weapons were essential to main- reducing the size of existing nuclear ar- mediate-range nuclear forces, including the taining international security during the elimination of an entire class of threatening senals but also in reversing the course Cold War because they were a means of de- missiles. of nuclear proliferation. This requires a terrence. The end of the Cold War made the What will it take to rekindle the vision tough-minded approach to both Iran doctrine of mutual Soviet-American deter- shared by Reagan and Mr. Gorbachev? Can a and North Korea, both of which have rence obsolete. Deterrence continues to be a world-wide consensus be forged that defines gotten away with too much for far too relevant consideration for many states with a series of practical steps leading to major long. regard to threats from other states. But reli- reductions in the nuclear danger? There is an We must also help ensure that other ance on nuclear weapons for this purpose is urgent need to address the challenge posed becoming increasingly hazardous and de- potential nuclear programs do not get by these two questions. creasingly effective. The Non-Proliferation Treaty (NPT) envi- off the ground. Last week, former Na- North Korea’s recent nuclear test and sioned the end of all nuclear weapons. It pro- tional Security Adviser Brent Scow- Iran’s refusal to stop its program to enrich vides (a) that states that did not possess nu- croft joined two colleagues in calling uranium—potentially to weapons grade— clear weapons as of 1967 agree not to obtain on the President to promote the inter- highlight the fact that the world is now on them, and (b) that states that do possess national ban on the spread of fissile the precipice of a new and dangerous nuclear them agree to divest themselves of these materials that can be used in the pro- era. Most alarmingly, the likelihood that weapons over time. Every president of both duction of nuclear weapons. I agree and non-state terrorists will get their hands on parties since Richard Nixon has reaffirmed nuclear weaponry is increasing. In today’s these treaty obligations, but non-nuclear urge the President to do so. war waged on world order by terrorists, nu- But we must also strengthen enforce- weapon states have grown increasingly skep- clear weapons are the ultimate means of tical of the sincerity of the nuclear powers. ment. We must insist that countries mass devastation. And non-state terrorist Strong non-proliferation efforts are under that receive the benefits of peaceful groups with nuclear weapons are concep- way. The Cooperative Threat Reduction pro- nuclear cooperation return or dis- tually outside the bounds of a deterrent gram, the Global Threat Reduction Initia- mantle what they have received if, at strategy and present difficult new security tive, the Proliferation Security Initiative any point, they violate or withdraw challenges. and the Additional Protocols are innovative from the Non-Proliferation Treaty. Apart from the terrorist threat, unless ur- approaches that provide powerful new tools Leading up to the 2010 Non-Prolifera- gent new actions are taken, the U.S. soon for detecting activities that violate the NPT will be compelled to enter a new nuclear era tion Treaty Review conference, we and endanger world security. They deserve that will be more precarious, psychologically full implementation. The negotiations on should lay the groundwork for building disorienting, and economically even more proliferation of nuclear weapons by North an international consensus to ensure costly than was Cold War deterrence. It is Korea and Iran, involving all the permanent that the International Atomic Energy far from certain that we can successfully members of the Security Council plus Ger- Agency has the tools to be a meaning- replicate the old Soviet-American ‘‘mutually many and Japan, are crucially important. ful agent for achieving the dream of a assured destruction’’ with an increasing They must be energetically pursued. nuclear weapon-free world. We should number of potential nuclear enemies world- But by themselves, none of these steps are work with allies and partners to inter- wide without dramatically increasing the adequate to the danger. Reagan and General risk that nuclear weapons will be used. New dict the spread of nuclear weapons and Secretary Gorbachev aspired to accomplish nuclear states do not have the benefit of more at their meeting in Reykjavik 20 years materials—including any borne on ves- years of step-by-step safeguards put in effect ago—the elimination of nuclear weapons al- sels traveling to and from North during the Cold War to prevent nuclear acci- together. Their vision shocked experts in the Korea—under the Proliferation Secu- dents, misjudgments or unauthorized doctrine of nuclear deterrence, but galva- rity Initiative. launches. The United States and the Soviet nized the hopes of people around the world. As a nation, we have a number of im- Union learned from mistakes that were less The leaders of the two countries with the portant decisions in the coming than fatal. Both countries were diligent to largest arsenals of nuclear weapons discussed months, including those related to a ensure that no nuclear weapon was used dur- the abolition of their most powerful weap- follow-on to the Strategic Arms Reduc- ing the Cold War by design or by accident. ons. Will new nuclear nations and the world be as tion Treaty with Russia, the adminis- fortunate in the next 50 years as we were * * * * * What should be done? Can the promise of tration’s planned resubmission of the during the Cold War? Comprehensive Test Ban Treaty for the NPT and the possibilities envisioned at ratification, and the need for a robust * * * * * Reykjavik be brought to fruition? We believe Leaders addressed this issue in earlier that a major effort should be launched by missile defense shield. times. In his ‘‘Atoms for Peace’’ address to the United States to produce a positive an- As we move ahead with these and the United Nations in 1953, Dwight D. Eisen- swer through concrete stages. other decisions, let us keep in mind the hower pledged America’s ‘‘determination to First and foremost is intensive work with dream of a nuclear-free world, enun- help solve the fearful atomic dilemma—to leaders of the countries in possession of nu- ciated so eloquently by our 40th Presi- devote its entire heart and mind to find the clear weapons to turn the goal of a world

VerDate Nov 24 2008 01:57 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.006 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5991 without nuclear weapons into a joint enter- With nuclear weapons more widely available, ment. Furthermore, developments in cyber- prise. Such a joint enterprise, by involving deterrence is decreasingly effective and in- warfare pose new threats that could have changes in the disposition of the states pos- creasingly hazardous. disastrous consequences if the command- sessing nuclear weapons, would lend addi- One year ago, in an essay in this paper, we and-control systems of any nuclear-weapons tional weight to efforts already under way to called for a global effort to reduce reliance state were compromised by mischievous or avoid the emergence of a nuclear-armed on nuclear weapons, to prevent their spread hostile hackers. Further steps could be im- North Korea and Iran. into potentially dangerous hands, and ulti- plemented in time, as trust grows in the The program on which agreements should mately to end them as a threat to the world. U.S.-Russian relationship, by introducing be sought would constitute a series of agreed The interest, momentum and growing polit- mutually agreed and verified physical bar- and urgent steps that would lay the ground- ical space that has been created to address riers in the command-and-control sequence. work for a world free of the nuclear threat. these issues over the past year has been ex- Discard any existing operational plans for Steps would include: traordinary, with strong positive responses massive attacks that still remain from the Changing the Cold War posture of deployed from people all over the world. Cold War days. Interpreting deterrence as re- nuclear weapons to increase warning time Mikhail Gorbachev wrote in January 2007 quiring mutual assured destruction (MAD) is and thereby reduce the danger of an acci- that, as someone who signed the first trea- an obsolete policy in today’s world, with the dental or unauthorized use of a nuclear ties on real reductions in nuclear weapons, U.S. and Russia formally having declared weapon. he thought it his duty to support our call for that they are allied against terrorism and no Continuing to reduce substantially the size urgent action: ‘‘It is becoming clearer that longer perceive each other as enemies. of nuclear forces in all states that possess nuclear weapons are no longer a means of Undertake negotiations toward developing them. achieving security; in fact, with every pass- cooperative multilateral ballistic-missile de- Eliminating short-range nuclear weapons ing year they make our security more pre- fense and early warning systems, as proposed designed to be forward-deployed. Initiating a carious.’’ by Presidents Bush and Putin at their 2002 bipartisan process with the Senate, including In June, the United Kingdom’s foreign sec- Moscow summit meeting. This should in- understandings to increase confidence and retary, Margaret Beckett, signaled her gov- clude agreement on plans for countering mis- provide for periodic review, to achieve ratifi- ernment’s support, stating: ‘‘What we need is sile threats to Europe, Russia and the U.S. cation of the Comprehensive Test Ban Trea- both a vision—a scenario for a world free of from the Middle East, along with completion ty, taking advantage of recent technical ad- nuclear weapons—and action—progressive of work to establish the Joint Data Ex- vances, and working to secure ratification by steps to reduce warhead numbers and to change Center in Moscow. Reducing tensions other key states. limit the role of nuclear weapons in security over missile defense will enhance the possi- Providing the highest possible standards of policy. These two strands are separate but bility of progress on the broader range of nu- security for all stocks of weapons, weapons- they are mutually reinforcing. Both are nec- clear issues so essential to our security. usable plutonium, and highly enriched ura- essary, but at the moment too weak.’’ Failure to do so will make broader nuclear nium everywhere in the world. We have also been encouraged by addi- cooperation much more difficult. Getting control of the uranium enrichment tional indications of general support for this Dramatically accelerate work to provide process, combined with the guarantee that project from other former U.S. officials with the highest possible standards of security for uranium for nuclear power reactors could be extensive experience as secretaries of state nuclear weapons, as well as for nuclear mate- obtained at a reasonable price, first from the and defense and national security advisors. rials everywhere in the world, to prevent ter- Nuclear Suppliers Group and then from the These include: Madeleine Albright, Richard rorists from acquiring a nuclear bomb. There International Atomic Energy Agency (IAEA) V. Allen, James A. Baker III, Samuel R. are nuclear weapons materials in more than or other controlled international reserves. It Berger, Zbigniew Brzezinski, Frank Carlucci, 40 countries around the world, and there are will also be necessary to deal with prolifera- Warren Christopher, William Cohen, Law- recent reports of alleged attempts to smug- tion issues presented by spent fuel from reac- rence Eagleburger, Melvin Laird, Anthony gle nuclear material in Eastern Europe and tors producing electricity. Lake, Robert McFarlane, Robert McNamara the Caucasus. The U.S., Russia and other na- Halting the production of fissile material and Colin Powell. tions that have worked with the Nunn-Lugar for weapons globally; phasing out the use of Inspired by this reaction, in October 2007, programs, in cooperation with the Inter- highly enriched uranium in civil commerce we convened veterans of the past six admin- national Atomic Energy Agency (IAEA), and removing weapons-usable uranium from istrations, along with a number of other ex- should play a key role in helping to imple- research facilities around the world and ren- perts on nuclear issues, for a conference at ment United Nations Security Council Reso- dering the materials safe. Stanford University’s Hoover Institution. lution 1540 relating to improving nuclear se- Redoubling our efforts to resolve regional There was general agreement about the im- curity—by offering teams to assist jointly confrontations and conflicts that give rise to portance of the vision of a world free of nu- any nation in meeting its obligations under new nuclear powers. clear weapons as a guide to our thinking this resolution to provide for appropriate, ef- Achieving the goal of a world free of nu- about nuclear policies, and about the impor- fective security of these materials. clear weapons will also require effective tance of a series of steps that will pull us As Gov. Arnold Schwarzenegger put it in measures to impede or counter any nuclear- back from the nuclear precipice. his address at our October conference, ‘‘Mis- related conduct that is potentially threat- The U.S. and Russia, which possess close to takes are made in every other human en- ening to the security of any state or peoples. 95% of the world’s nuclear warheads, have a deavor. Why should nuclear weapons be ex- Reassertion of the vision of a world free of special responsibility, obligation and experi- empt?’’ To underline the governor’s point, on nuclear weapons and practical measures to- ence to demonstrate leadership, but other Aug. 29–30, 2007, six cruise missiles armed ward achieving that goal would be, and nations must join. with nuclear warheads were loaded on a U.S. would be perceived as, a bold initiative con- Some steps are already in progress, such as Air Force plane, flown across the country sistent with America’s moral heritage. The the ongoing reductions in the number of nu- and unloaded. For 36 hours, no one knew effort could have a profoundly positive im- clear warheads deployed on long-range, or where the warheads were, or even that they pact on the security of future generations. strategic, bombers and missiles. Other near- were missing. Without the bold vision, the actions will not term steps that the U.S. and Russia could Start a dialogue, including within NATO be perceived as fair or urgent. Without the take, beginning in 2008, can in and of them- and with Russia, on consolidating the nu- actions, the vision will not be perceived as selves dramatically reduce nuclear dangers. clear weapons designed for forward deploy- realistic or possible. They include: ment to enhance their security, and as a We endorse setting the goal of a world free Extend key provisions of the Strategic first step toward careful accounting for them of nuclear weapons and working ener- Arms Reduction Treaty of 1991. Much has and their eventual elimination. These small- getically on the actions required to achieve been learned about the vital task of er and more portable nuclear weapons are, that goal, beginning with the measures out- verification from the application of these given their characteristics, inviting acquisi- lined above. provisions. The treaty is scheduled to expire tion targets for terrorist groups. on Dec. 5, 2009. The key provisions of this Strengthen the means of monitoring com- [From the Wall Street Journal Online, Jan. treaty, including their essential monitoring pliance with the nuclear Non-Proliferation 15, 2008] and verification requirements, should be ex- Treaty (NPT) as a counter to the global tended, and the further reductions agreed spread of advanced technologies. More TOWARD A NUCLEAR-FREE WORLD upon in the 2002 Moscow Treaty on Strategic progress in this direction is urgent, and (By George P. Shultz, William J. Perry, Offensive Reductions should be completed as could be achieved through requiring the ap- Henry A. Kissinger and Sam Nunn) soon as possible. plication of monitoring provisions (Addi- The accelerating spread of nuclear weap- Take steps to increase the warning and de- tional Protocols) designed by the IAEA to all ons, nuclear know-how and nuclear material cision times for the launch of all nuclear- signatories of the NPT. has brought us to a nuclear tipping point. We armed ballistic missiles, thereby reducing Adopt a process for bringing the Com- face a very real possibility that the deadliest risks of accidental or unauthorized attacks. prehensive Test Ban Treaty (CTBT) into ef- weapons ever invented could fall into dan- Reliance on launch procedures that deny fect, which would strengthen the NPT and gerous hands. command authorities sufficient time to aid international monitoring of nuclear ac- The steps we are taking now to address make careful and prudent decisions is unnec- tivities. This calls for a bipartisan review, these threats are not adequate to the danger. essary and dangerous in today’s environ- first, to examine improvements over the past

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.007 S03JNPT1 jbell on PROD1PC69 with SENATE S5992 CONGRESSIONAL RECORD — SENATE June 3, 2009 decade of the international monitoring sys- The PRESIDING OFFICER. Without that demand. Curtis Frasier, the execu- tem to identify and locate explosive under- objection, it is so ordered. tive vice president of Shell America ground nuclear tests in violation of the f Gas & Power, was recently quoted in CTBT; and, second, to assess the technical Greenwire, warning that the recession progress made over the past decade in main- ENERGY could be masking a global energy taining high confidence in the reliability, Mr. INHOFE. Mr. President, as the safety and effectiveness of the nation’s nu- shortage. clear arsenal under a test ban. The Com- ranking member and previously the He said: prehensive Test Ban Treaty Organization is chairman of the Environment and Pub- When the economy returns, we’re going to putting in place new monitoring stations to lic Works Committee, I understand we be back to the energy crisis. detect nuclear tests—an effort the U.S are actually the committee of jurisdic- He said: should urgently support even prior to ratifi- tion over a lot of the energy concerns Nothing has been done to solve that crisis. cation. we have in this country. It is a real cri- We’ve got a huge mountain to climb. In parallel with these steps by the U.S. and sis. I know there are other things hap- This is a very significant chart. It Russia, the dialogue must broaden on an international scale, including non-nuclear as pening now that people are focused on, shows electricity growth is linked to well as nuclear nations. but this is certainly something the the American economy. Mr. Frasier Key subjects include turning the goal of a Presiding Officer is aware of, given the voices real concern. As you can see, world without nuclear weapons into a prac- committees on which he is serving. this graph shows the total energy and tical enterprise among nations, by applying When it comes to developing a com- shows the GDP. The GDP is the blue the necessary political will to build an inter- prehensive energy policy in the United line going up and the electricity use national consensus on priorities. The govern- States, we are faced with a stark con- and the total energy are lines that go ment of Norway will sponsor a conference in trast. We can develop and produce do- right along with it. In fact, when it February that will contribute to this proc- mestic supplies of reliable and afford- flattens out, such as it did in 1990 for ess. about a 3-year period, all three flat- Another subject: Developing an inter- able energy that will help jump-start national system to manage the risks of the our economy, create high-paying jobs, tened out at the same time. The same nuclear fuel cycle. With the growing global and bring down energy costs on con- thing is true up here when it flattened interest in developing nuclear energy and sumers, all while making our Nation out during 2005. So we see there is that the potential proliferation of nuclear enrich- less dependent on foreign energy sup- linkage there, and it is a very real one. ment capabilities, an international program plies, or we can implement policies de- This is not your father’s nuclear in- should be created by advanced nuclear coun- signed to drive up the costs of energy dustry. Today’s nuclear industry has tries and a strengthened IAEA. The purpose on American families, shift jobs over- demonstrated marked improvement in should be to provide for reliable supplies of safety, reliability, and costs since the nuclear fuel, reserves of enriched uranium, seas, and deepen this recession. For the sake of our economy, our en- late 1980s. The industry also has proved infrastructure assistance, financing, and that safety and reliable performance spent fuel management—to ensure that the ergy security, and environmental means to make nuclear weapons materials goals, I choose the ‘‘all of the above’’ are closely linked. We have a chart here, ‘‘Improved isn’t spread around the globe. approach. There should also be an agreement to un- I sit and listen to people who say we Safety Yields Better Performance.’’ If you look at the two lines, we are talk- dertake further substantial reductions in want to do something about our de- ing about the line that would be the ca- U.S. and Russian nuclear forces beyond those pendence on foreign countries for our recorded in the U.S.-Russia Strategic Offen- pacity factor, and this line, the red ability to run this machine called sive Reductions Treaty. As the reductions line, would be significant events. Sig- America. At the same time, they are proceed, other nuclear nations would become nificant events are things that are against coal, they are against oil, they involved. problems. We all remember significant are against gas, they are against nu- President Reagan’s maxim of ‘‘trust but events in nuclear energy. The press al- verify’’ should be reaffirmed. Completing a clear. Those are the things that are ways highlights these and tries to verifiable treaty to prevent nations from there, the technology is there and we make us believe this is a dangerous producing nuclear materials for weapons can use them. But they are looking form when it is, in fact, not dangerous. would contribute to a more rigorous system somehow into the future and saying of accounting and security for nuclear mate- The significant events have been going rials. there has to be some green solution. I down. It is hard to see there. It goes We should also build an international con- am the first one to say, when the tech- from 1988 all up to the present year and sensus on ways to deter or, when required, to nology is there, I am going to be right it goes down as the capacity factor is respond to, secret attempts by countries to there with them. It is not there yet. going up. This is an indicator of the re- break out of agreements. Over the next several weeks, I am sults, that the industry has dramati- Progress must be facilitated by a clear planning to speak on the floor several statement of our ultimate goal. Indeed, this cally increased its capacity by 45 per- times about the benefits of nuclear en- cent and has operated roughly 90 per- is the only way to build the kind of inter- ergy and my proposals for reinvigo- national trust and broad cooperation that cent of the time in the last 5 years. will be required to effectively address to- rating that industry. Today, I will dis- This improved performance is dem- day’s threats. Without the vision of moving cuss how nuclear will help put Ameri- onstrating that nuclear is both safe toward zero, we will not find the essential cans back to work and move our econ- and reliable. It has made nuclear en- cooperation required to stop our downward omy forward as well as focus on the ergy more affordable. spiral. regulatory challenges facing new nu- We have another chart that is the In some respects, the goal of a world free of clear construction and what I plan to ‘‘U.S. Electricity Production Costs.’’ nuclear weapons is like the top of a very tall do to help nuclear energy play an in- Nuclear energy generates nearly 20 per- mountain. From the vantage point of our creasing role in meeting our energy troubled world today, we can’t even see the cent of the energy that powers our top of the mountain, and it is tempting and needs. economy and has the lowest production easy to say we can’t get there from here. But One of the problems we have had is cost compared to other sources. You the risks from continuing to go down the we have had several colleagues coming can see by the chart, not only has nu- mountain or standing pat are too real to ig- down, talking about why nuclear is clear energy had the lowest production nore. We must chart a course to higher good and why we should do it, but they costs for the last 7 years, its produc- ground where the mountaintop becomes have not addressed the barriers there tion cost is very stable and not vulner- more visible. and the bureaucratic problems we have able to the price fluctuations here Mr. MCCAIN. Mr. President, I suggest right now. shown by the other resources. the absence of a quorum. The need to grow our domestic en- These lines here represent nuclear The PRESIDING OFFICER (Mr. BEN- ergy supply is clear. The Energy Infor- and coal. They go along pretty much NET). The clerk will call the roll. mation Administration projects that the same. However, if you look at fluc- The legislative clerk proceeded to our demand for electricity will in- tuations in gas and in petroleum, you call the roll. crease 26 percent by the year 2030, re- can see they are moving. This is some- Mr. INHOFE. Mr. President, I ask quiring 260 gigawatts of new electricity thing that is very significant. unanimous consent the order for the generation. Every source will need to I might mention, even though we quorum call be rescinded. grow to produce more energy to meet only are using 22 percent of our energy

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.008 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5993 coming from nuclear, countries such as 12 years. In 1997, Republicans were the I firmly believe proper planning, de- France and other countries are doing 80 majority. I was the chairman of the tailed schedules, and the Commission percent. That is what we are going to Clean Air Subcommittee of the Envi- engagement will foster more thorough, get to. We are going to try to do some- ronment and Public Works Committee, consistent, organized, and efficient ef- thing to increase our nuclear capacity. which had jurisdiction over nuclear en- forts to issue new plants licenses. Not only will nuclear energy give a ergy. At that time, we had not had an I take my oversight role as the rank- boost to our economy by providing oversight hearing in some 12 years, and ing member of the EPW Committee safe, reliable, and affordable elec- I tell you, you cannot let a bureauc- very seriously and will work to ensure tricity, it will also produce new jobs. racy continue to operate without any that the NRC continues to build on the Mark Ayers, the President of the AFL– oversight, so we started having over- improvements made since I initiated CIO Building and Construction Trades sight hearings. We gave targets that oversight back in 1997. I intend to in- Department, has described his union’s they had to do certain things by cer- crease my focus on this and other li- relationship with the industry. He tain dates. As a result of that, they are censing issues, including monthly said—and this is the unions I am now coming along and doing a good progress reports on licensing activity quoting now: job. and regular meetings with Chairman We will be there with you to help pursue This chart shows where the 16 appli- Jaczko. In our committee, we have the adoption of a diverse American energy cations are, so people can find their Democrats and Republicans very sup- portfolio that places a high priority on the own State and see what it would do to portive of this effort to expand our ca- reemergence of nuclear power. the economy of their own State. Unfor- pability in nuclear energy. Why is Mr. Ayers so supportive of nu- tunately, we don’t have any in my My hope is to see that the NRC issues clear energy? He knows the number of State of Oklahoma. I wish we did and the first new license before the end of high-quality jobs that just one new nu- perhaps we will be able to in the fu- 2011 and eight more by 2013. Given con- clear plant would provide. It would be ture. struction estimates of 4 to 5 years, the 1,400 to 1,800 jobs during construction The next chart is the ‘‘Applications first 2 reactors could be operational in for each new plant; 400 to 700 perma- Under Review By NRC.’’ It is a little 2016, with 14 more potentially in oper- nent jobs when the plant begins oper- bit complicated, so I am not going to ation by the year 2018. Sixteen new re- ating, with salaries 36 percent higher be using this chart. If anyone wants to actors would be a good start to rejuve- than the local average. It would pro- know where the status is and what the nating an industry that has been stag- vide 400 to 700 additional jobs providing companies are that have made the ap- nant for 34 years. I believe these reac- goods and services. plications, certainly we have that in- tors can revitalize our economy and It is a huge boost for the economy formation for them. meet the growing demand for energy. I and for the labor unions, so we have Despite significant efforts on the also agree with labor unions that are their strong support. Clearly, increased part of the NRC staff, this process has excited about the prospect of new jobs development of nuclear energy would not unfolded as smoothly as it should. and what it will do for low-cost energy strongly benefit our economy by pro- Schedules are not as detailed or trans- for America. viding energy and putting Americans parent as they should be, and detailed I look forward to the future. I plan to back to work. However, right now in- schedules are a critical tool for man- host a roundtable to highlight progress vestors in new nuclear plants face po- aging such a large and complex process toward advanced design and to stay on litical and regulatory risks. The cap- and to ensure it is thorough, efficient, board. Back in 1997, we hadn’t had an ital investors still remember the cost and timely. Schedules are publicly oversight hearing in 12 years at that overruns experienced during the con- available for safety evaluation reports time, and we will make sure we don’t struction of our existing fleet of plants, and environmental impact statements repeat that mistake. caused in part by a cumbersome licens- but not for hearings or Commission A lot has been done to prepare for nu- ing process. The licensing process has consideration, which will ultimately clear construction, but a lot remains to been revised but has, as yet, to be fully determine when the license is actually be done. Whether the industry will suc- tested. The risk of licensing delays issued. ceed in building new plants will greatly may be lower, but the potential con- At this time, there appears to be no depend upon President Obama’s leader- sequences of regulatory delays remain information readily available regard- ship. I am disappointed that the admin- significant. ing any of the actual dates that any of istration seems to send mixed signals This chart shows the locations of the the new plant licenses will be issued. regarding its support for nuclear en- potential new nuclear plants. On Sep- The absence of any specific schedules ergy. Last month in Prague, the Presi- tember 25 of 2007, the Nuclear Regu- for issuing licenses seems to indicate a dent said: latory Commission filed an application failure of the agency to properly plan We must harness the power of nuclear en- to build and operate a plant near Bay and schedule its work, a failure to ergy on behalf of our efforts to combat cli- City, TX. That was the first applica- share such information, or both. This mate change and to advance peace and op- tion for a new plant that the NRC has situation is troubling. How could a portunity for all people. received in 34 years. Since then, 16 utility prepare for construction with- Yet just this month his budget con- more applications have been filed for a out a firm date when it can expect—be tained language terminating the Yucca total of 26 new nuclear reactors. expected to receive their license? Mountain program before the Nuclear Let’s stop and think about that. We These are huge investments we are Regulatory Commission could even do are talking about 2007. talking about. There has to be predict- its review—30 years of research and $7.7 I ask unanimous consent I be given ability. How can an investor judge the billion down the drain, purely for polit- an additional 5 minutes of time. risk of a project without being able to ical reasons. It is unthinkable that The PRESIDING OFFICER. Without evaluate progress in the regulatory could happen, but it has happened. objection, it is so ordered. process? Both licensees and their po- In addition, President Obama re- Mr. INHOFE. That is, since 2007, we tential investors would greatly benefit cently appointed, as Chairman of the have been able to do that. We did noth- from the increased certainty. Federal Energy Regulatory Commis- ing for 34 years, and now we have 16 I commend the Commission and staff sion, Joe Wellinghoff, who stated his more applications on file which would for the level of effort that is reflected belief that we won’t need any more nu- be for 26 nuclear reactors. Some appli- in existing schedules. However, I be- clear plants ever. This isn’t right, and cations cover more than one reactor. lieve the Commission should pursue it is totally inconsistent. These efforts to develop new plants are these remaining steps. It should re- These mixed messages will soon be- critical to meeting our energy needs, quire hearing boards to produce and to come clear. President Obama has re- and I am committed to doing what I follow detailed schedules that reflect cently designated a new Chairman of can to help build these new plants. lessons learned during the review of the NRC and is expected to propose two One of the most significant factors the LES National Enrichment Facility additional nominees soon. Time will contributing to this revitalization is in New Mexico. We would consider the tell whether the NRC is an effective the NRC’s transformation over the last recommendations we have there. and efficient regulator.

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.007 S03JNPT1 jbell on PROD1PC69 with SENATE S5994 CONGRESSIONAL RECORD — SENATE June 3, 2009 In his Senate confirmation hearing, mously upheld the decision of the dis- So many of us have been touched by DOE Secretary Steven Chu said: trict court that the tobacco companies the ravages of smoking and lost family Nuclear power . . . is going to be an impor- had engaged in racketeering. The court and friends. Yet we still see too many tant part of the energy mix. It is 20 percent found that for at least 50 years, the young people become addicted to ciga- of our electricity generated today, but it is companies have knowingly kept infor- rettes or pick up the newest smokeless 70 percent of the carbon-free portion of elec- mation from the American public tobacco product without knowing the tricity today. And it is baseload. So I think about the health and safety risks of real risks to their health. We cannot it is very important that we push ahead. their products and that they continue leave this to court settlements or to For that reason and every other rea- to do so today. These companies have the industry itself. We have been wait- son, for the economy and for the envi- worked together to deceive the Amer- ing for 50 years, and the evidence shows ronment and for our ability to provide ican public and cannot be trusted to we are still being deceived. Regulation our own energy in this country and regulate themselves. is long past due. This bipartisan bill, lower our reliance upon foreign coun- As generations of customers died with the support of over 1,000 public tries, I believe we need to move for- from illnesses related to smoking, the health, faith, education, and children’s ward rapidly. We intend to do so with tobacco companies have kept their organizations, is the best opportunity nuclear energy. profits up by marketing their products to help protect our children from the I yield the floor. to children through cartoon advertise- menace of tobacco. We have delayed f ments, candy flavorings, and sports long enough. sponsorships. Public health advocates, I again thank Chairman KENNEDY, CONCLUSION OF MORNING lawmakers, prosecutors, and family Senator DODD, and my colleagues on BUSINESS members who have lost loved ones to the HELP Committee for their hard The PRESIDING OFFICER. The Sen- the ravages of smoking have attempted work bringing this bill to the floor and ator from Rhode Island. to take on the tobacco companies, but getting us closer than any other point Mr. WHITEHOUSE. I ask unanimous they confronted a coordinated effort in the long history of this legislation consent that all time in morning busi- backed by billions of dollars to protect to finally seeing the effective regula- ness be yielded back. this deadly business. tion of tobacco products. In the next year, 400,000 Americans The PRESIDING OFFICER. Without I yield the floor and suggest the ab- will die from smoking-related illness objection, it is so ordered. sence of a quorum. Morning business is closed. and more than 450,000 children will be- come daily smokers. Every day, 3,500 The PRESIDING OFFICER. The f kids pick up a cigarette for the first clerk will call the roll. FAMILY SMOKING PREVENTION time. The legislative clerk proceeded to AND TOBACCO CONTROL ACT— Even those who do not smoke still call the roll. MOTION TO PROCEED pay a price—$96 billion each year in Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. Under public and private health expenditures unanimous consent that the order for the previous order, the Senate will re- to treat illness caused by smoking. The the quorum call be rescinded. sume consideration of the motion to companies will, of course, point to con- The PRESIDING OFFICER. Without proceed to H.R. 1256, which the clerk cessions and payouts over the years, objection, it is so ordered. but it is clearly not enough. As we will report. CRAIG THOMAS RURAL HOSPITAL AND PROVIDER The legislative clerk read as follows: work to reform our broken health care EQUITY ACT system, we cannot ignore this public A motion to proceed to the bill (H.R. 1256) Mr. ROBERTS. Mr. President, I rise health menace. to protect the public health by providing the today to again pay tribute to one of That is why it is vital that we finally Food and Drug Administration with certain the Senate’s finest: our colleague, the pass this legislation. The FDA is the authority to regulate tobacco products, to late Craig Thomas from Wyoming. Two agency most prepared to take on the amend title 5, United States Code, to make years ago this week, the Senate lost a certain modifications in the Thrift Savings regulatory, scientific, and public steady hand and a man who did much Plan, the Civil Service Retirement System, health challenges created by tobacco for his State of Wyoming. Craig was de- and the Federal Employees’ Retirement Sys- products. This carefully crafted com- pendable in the finest sense of the tem, and for other purposes. promise bill gives FDA the tools nec- word. He defined the word ‘‘depend- The PRESIDING OFFICER. The Sen- essary to take on the tobacco compa- able.’’ He was the epitome of a work- ator from Rhode Island. nies in three major areas: advertising horse, not a show horse. Mr. WHITEHOUSE. Mr. President, I and sales to young people, the composi- rise to speak in support of the Family tion of cigarettes, and representations On a personal note, for many Sen- Smoking Prevention and Tobacco Con- of health effects of tobacco products. ators, why, Craig was not only a col- trol Act, a bill that will finally give We have wasted too much time fight- league but a dear friend. I will cherish the Food and Drug Administration the ing the same battles over the same that always. Craig was also a fellow authority to regulate tobacco products. issues for years. This legislation finally marine. In this case, Semper Fidelis— This was the first bill for which I had enacts tough but constitutionally always faithful—is most appropriate. If the honor of voting in my new role as sound regulations on advertising tar- anyone faced trouble in their life, the a member of the Health, Education, geted toward young people. It puts a one person you would want by your Labor, and Pensions Committee—the warning label on every pack of ciga- side would be Craig Thomas. newest member—but it is the result of rettes that covers 50 percent of each This is why I am proud and honored years of tireless effort by members of side of the package. The companies again to join with my colleagues KENT this committee and by their staffs. I will finally have to disclose the con- CONRAD and TOM HARKIN, and with the especially commend its primary spon- tent of tobacco products, and FDA will new Senator from Wyoming, JOHN sor, our chairman, TED KENNEDY, who have the authority to regulate haz- BARRASSO, and the distinguished Sen- has long been committed to protecting ardous ingredients. Tobacco product ator from Utah, ORRIN HATCH, to intro- our Nation’s children from the dangers manufacturers will no longer be able to duce the Senate Rural Health Caucus of tobacco and nicotine addiction, and make unsubstantiated claims about bill in honor of Senator Thomas. The Senator DODD, who is so ably leading their products—FDA will have to bill we are introducing is the Craig that fight in his stead today. I thank verify any health claim based on its Thomas Rural Hospital and Provider them and our colleagues in the House impact on the population as a whole in Equity Act, with emphasis on the ‘‘eq- for the efforts that have brought us order to protect tobacco users and po- uity.’’ this bill before the Senate today. tential tobacco users. This will be paid The people of Wyoming and all of This legislation is long overdue and for by the tobacco product manufactur- Craig’s colleagues knew he fought for very much needed. Just last month, a ers and importers themselves, taking rural America and always put the three-judge panel of the U.S. Court of no resources away from the FDA’s needs of his State above all else. On the Appeals for the DC Circuit unani- other vital missions. health care front, why, Craig was truly

VerDate Nov 24 2008 01:57 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.009 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5995 a champion for strengthening our rural BARRASSO’s staff: Erin Dempsey. I home health services. And it provides a health care delivery system and pro- know my staff has worked very closely 5-percent add-on payment for ground viding relief to our hospitals and other with Erin over the years, and I have a ambulance services in our rural areas. providers in our rural areas. great amount of respect for her hard One of the provisions in the bill—and He served for 10 years as the cochair work. We always have an expression: this is the one that Craig Thomas cer- of the Senate Rural Health Caucus. He We are only as good as our staff here— tainly championed—is a provision to actually took over the reins as cochair or at least some of us do actually allow marriage and family therapists after my fellow Kansan, Bob Dole, re- admit to that. Erin, thank you for and licensed professional counselors to tired from the Senate. And as I know being such a hero alongside Craig, and bill Medicare for their services and be personally, it is hard to follow in the now Senator BARRASSO. We are proud paid the rate of social workers. footsteps of Senator Dole—for that of you for everything you have done on Currently, the Medicare program matter, Senator Thomas. behalf of rural health care. only permits psychiatrists, psycholo- However, Craig did this with great This Congress, with health care re- gists, social workers, and clinical nurse ease and great pride. His steady leader- form at the front and center, Senators specialists to bill Medicare for mental ship put the caucus on the map, and he BARRASSO, CONRAD, HARKIN, HATCH, health services that are provided to our made great strides in showing all of and I will do our very best to lead in seniors. However, most rural coun- our colleagues the true needs of rural Craig’s absence and to ensure that ties—most rural counties—simply do health care. We will truly miss him rural health does not get left behind. I not have a psychiatrist or a psycholo- during the current health care debate. have made a personal commitment to gist. Marriage and family therapists, I and the members of the caucus miss make sure we get this bill done and ul- however, and licensed professional him and his leadership greatly. timately provide the much needed re- counselors are much more likely to One of the biggest accomplishments lief to our rural communities. practice in a rural setting and are for Craig in the Rural Health Caucus The Craig Thomas Rural Hospital often the only mental health profes- was passage of the Medicare Mod- and Provider Equity Act recognizes sionals available. ernization Act in 2003, which provided a that rural health care providers have Finally, this bill uses technology to big boost to our rural hospitals and very different needs than their urban improve home health services and providers. There was recognition and counterparts and that health care is quality of care by creating a pilot pro- support from our colleagues from all of not one size fits all. gram providing incentives for home our geographical areas, large and The Craig Thomas Rural Hospital health agencies to purchase and utilize small, for including these badly needed and Provider Equity Act—and the acro- home monitoring and also communica- rural health provisions. nym of that, by the way—everything tion technologies and facilitates tele- These provisions included in the has to be an acronym in Washington— health services across State lines. Medicare bill provided much needed re- is R-HoPE—so the R-HoPE Act of 2009 Today I am proud and honored to in- lief to rural health providers, enhanced makes changes to Medicare regulations troduce this bill on behalf of our beneficiary access to quality health for rural hospitals and providers. It former Senator and colleague, Craig care services, and improved provider recognizes the difficulty in achieving Thomas. We miss him greatly as a per- payments in our rural areas. So many the same economies of scale as large sonal friend, a confidante and col- times those payments simply do not urban facilities. This legislation equal- league. Our thoughts and prayers are even come close to the costs of the pro- izes Medicare’s disproportionate share with his wife Susan, his sons Peter, vider and the service they provide to of hospital payments to bring the rural Patrick, and Greg, and his daughter our rural citizens. hospitals in line with our urban hos- Lexie. However, you would never know that pitals. This bill also provides addi- Mr. President, it is time to pass this it was Craig Thomas behind the scenes tional assistance for small rural hos- bill. working to get these rural health pro- pitals that have a very low volume of Mr. President, I yield the floor. visions included in the Medicare bill. patients. Often these hospitals have The PRESIDING OFFICER. The Sen- Craig was more concerned with getting trouble making ends meet under the ator from New Hampshire. the work done rather than taking the Medicare payment system. NATIONAL DEBT credit. So instead of taking individual The Craig Thomas Rural Hospital Mr. GREGG. Mr. President, I rise credit for his hard work and his dedica- and Provider Equity Act, R-HoPE Act, today to return to a topic I have dis- tion on the Medicare bill, he applauded also provides a Capital Infrastructure cussed on the floor a number of times the entire Rural Health Caucus and Loan Program to make loans available but which I think needs to be discussed patted everybody else on the back. It is to help rural facilities improve crum- again because of the severity of its im- this kind of leadership that set Craig bling buildings and infrastructure. In plications for our Nation; that is, the Thomas apart from his colleagues. addition, rural providers can apply to massive amount of debt which we are However, Craig knew that while pas- receive planning grants to help assess running up in our country. sage of the Medicare bill was a giant capital and infrastructure needs. This massive expansion of our debt, step for rural health, we still had much The bill extends to January 1, 2011, at levels which we have never seen in work to do to ensure our rural system two incentive programs aimed at im- our history, as proposed by the Presi- can continue to survive. Sometimes proving the quality of care by attract- dent’s budget and the budget which when they ask me about health care re- ing health care providers to health pro- passed this Congress, threatens the form—‘‘they’’ meaning most of the peo- fessional shortage areas. The first is value of the dollar. It threatens to cre- ple interested in health care reform: the Medicare Incentive Payment Pro- ate instability through massive infla- the media, others, the health care pro- gram, which provides a 10-percent tion. And it clearly threatens the fu- viders—I simply say one of the things bonus payment to physicians who will ture of our children. we want to do is to make sure we pre- practice in shortage areas. The second I am not the only one who thinks serve what we have. This is why we is the Physician Fee Schedule Work this way. As you look around the were proud and honored to carry on his Geographic Adjustment—that is a world, there are a lot of folks taking a legacy by introducing the Craig Thom- mouthful—but it simply means it will look at where we as a nation are going as Rural Hospital and Provider Equity bring rural doctors’ Medicare fee and asking the question: Can we afford Act in the 110th Congress, and again in schedules for wages more in line with this debt as a country? this Congress. We can enhance Craig’s urban doctors. Interestingly, just a week and a half legacy certainly in this way. The bill also recognizes that other ago or so, Standard & Poor’s, the rat- I wish to especially recognize a mem- providers do play a great role in the ing agency, looked at the English situ- ber of Craig’s former staff who has al- rural health care delivery system. Our ation and put out a statement that the ways worked extremely hard to ad- bill increases the payment cap for rural triple A bond rating of England was in vance rural health care causes and who health clinics to keep them in line with jeopardy. They essentially took the ad- has remained a champion for Wyoming community health centers. It provides jective ‘‘stable’’ out from their des- as a member of Senator JOHN a 5-percent add-on payment for rural ignation of that bond rating and said

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.038 S03JNPT1 jbell on PROD1PC69 with SENATE S5996 CONGRESSIONAL RECORD — SENATE June 3, 2009 they had a negative bias on the triple Government—$800 billion a year which Then Mr. Yu, who is the former ad- A rating. They did not reduce it, but will have to be paid in just interest. viser to the Central Bank, made the they did put out a major warning sign. For every American, they will receive following statement just a couple of What does that mean? Well, if your $130,000 of debt—every American house- days ago. He said: bond rating as a nation drops, that hold will have $130,000 of debt on that The United States Government should not means the world community does not household to pay off the Federal re- be complacent and it should understand that have a lot of confidence in your ability sponsibility—and $65,000 in interest there are alternatives to China buying U.S. to repay your debt and it is going to payments annually for every American bonds and bills. Investments in Euros are an charge you a lot more to lend you household. That is more than many alternative, and there are lots of raw mate- money. The effect of a bond rating American households’ mortgages and rials we can buy too. China should not close those options. change for a nation such as the United more than their interest payments on Kingdom—which is one of the most sta- their mortgages, but that is what every Well, if the Chinese Government ble and industrialized countries in the American household is going to owe as starts to reduce its purchase of our world—is catastrophic. What brought a result of this dramatic expansion in bonds and our need to sell bonds is about this decision by Standard & debt. going up, what happens? That means Poor’s to put, at least on a watch list, What is driving this debt? Well, in the interest on the bonds is going to so to say, the bonds of the United King- the short term, obviously, it is the eco- have to go up because we are going to dom? It is the fact that England has so nomic downturn. But we are not going have to find somebody who wants to expanded its debt that its debt now to be in this economic downturn for- buy these bonds and we are going to represents approximately 52 percent of ever. Everybody is presuming we are have to make them attractive around its gross national product. starting to move out of it, and we will the world. As the interest on the bonds Well, where do we stand as a nation because we are a resilient nation. In goes up, taxpayers end up having to in our debt relative to our gross na- the outyears, what is driving this debt bear that burden and the next genera- tional product? This chart reflects the is spending—it is that simple—new, ad- tion ends up having to bear that bur- fact that historically, in the last 30 or ditional spending put on the books or den. 40 years, our debt has averaged be- planned to be put on the books under So what is the solution? How do we this budget. tween 30 percent and 40 percent of get around the fact that we are now on This blue line here, which flattens GDP, but in this economic downturn, an unsustainable course which will out where the debt stabilizes over the lead to a fiscal calamity for our Nation we are seeing a dramatic increase in next 5 years, is if we had current law. our debt as a nation. In the short run, and potentially put us in the position In other words, if the law that was in where we will have to devalue the dol- I have said many times, we can tol- place before the President’s budget was erate this for the purpose of trying to lar or have massive inflation? passed were to take effect and stay in Interestingly enough, the Economic float the economy, for the purpose of place, that is the blue line. That is the government being the lender of last Information Daily, another Chinese what the debt would do; it would sta- publication, hit the nail right on the resort, for the purpose of stabilizing bilize. But because the President has the financial systems. A short-term, head. Maybe because they are looking proposed so much new spending in ad- from the outside in and because of all huge spike in our debt is not desired, dition to the spending that is going to but it can be managed. We have done they have invested they can see these come as a result of the retirement of things, because they said the question this in the past. During World War II, the baby boom generation and the ex- for example, our debt went up dramati- that should be asked of Secretary pansion of entitlements, this debt just Geithner is, How do you propose imple- cally. But the key is, it has to come continues up in an astronomical way. menting fiscal discipline? How will you back down. It just can’t keep going up. This is a real concern for us. I recog- maintain the stability of the dollar Well, today, our debt is about 57 per- nize it is hard for a Congress to deal cent of our gross national product, our with anything but the next election— after the crisis—and I emphasize public debt. It is up around here on the and what we are talking about here is ‘‘after.’’ What they are saying is, after chart. As we see from this line, under really what we are doing to the next we get past this recession and the need the budget proposed by President generation—but we should be very con- to stabilize the financial structure of Obama, it continues to go up, almost in cerned—more than concerned, we our country and the need to float the a perpendicular manner, to the point should be really focused on this as our economy, how do we bend this curve where, by the end of the budget as pro- primary issue of domestic policy as we back to something reasonable and sus- posed by the President and as passed go forward as being a threat to our tainable? That is the question we by this Congress, the public debt will prosperity as a nation. should be asking around here as a Con- be approximately 82 percent of gross What are other governments saying? gress. We need to start asking it pretty national product. That is not a sustain- Well, China, which is our biggest cred- soon. able situation. Over the next 10 years, itor—we financed this debt by lending The President has said—he said it under the budget as proposed by the from China. They give us money to again yesterday—that one way you do President, we will be running deficits spend on our operations as a govern- this is by addressing the cost of health which represent $1 trillion a year, on ment. They have always looked on the care, and he is absolutely right. Health average—$1 trillion a year, on average. U.S. debt as something that was a good care is the primary driver—one of the As a percentage of our gross national investment, a safe investment, but the primary drivers—of this massive in- product, those deficits will be between Chinese are having second thoughts. In crease in expenditures at the Federal 4 percent and 5 percent. an extraordinarily embarrassing inci- level. But the President has put noth- As I have said before on this floor, dent, the Secretary of the Treasury, ing on the table so far that bends the you can’t get into the European Union speaking before an audience of sophis- curve on the question of the cost of if your deficit exceeds 3 percent of your ticated college students in Beijing, was health care—in fact, just the opposite. gross national product and your debt asked about the status of our debt that His budget proposed that health care exceeds 60 percent of your gross na- is held by the Chinese. He told them spending would go up $1.2 trillion over tional product. that Chinese assets are very safe, and the next 10 years and, more impor- These are all big numbers and nobody the audience laughed. The audience ac- tantly than that, it sets up a series of can catch up with those numbers, but tually laughed at the Secretary of the entitlements which will cost hundreds the basic implication is very simple. Treasury saying that Chinese assets of billions—as I said, $1.6 trillion in Under the present path we are on, the are very safe. That is an anecdotal in- new spending. He is suggesting that in- debt is going to double in 5 years, tri- cident, but it would never have hap- stead of keeping health care spending ple in 10 years, and the implications to pened 6 months ago, 2 years ago, be- at about 17 percent of gross national our children are that they are going to cause these types of increases in debt product, which is a huge amount of inherit a country where the payments as a percentage of our economy were money, by the way, more than any required on that debt are going to be nowhere in sight then—nowhere in other industrialized country spends by the single largest item of the Federal sight. almost 50 percent—the next closest

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.039 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5997 country spends about 11 percent on we get the deficits back to a respon- me say the substitute Senator HAGAN health care—he is suggesting that in- sible level, which means under 3 per- and I will offer provides for the same stead of maintaining health care costs cent, hopefully even headed toward bal- warning labels and the same graphic at 17 percent of gross national product, ance; and where we can tell our chil- warning labels. If that is what gets the it be allowed to rise to 18, 19, and 20 dren that we are passing on to them a 2 percent reduction over 10 years, percent of gross national product. Well, stronger nation, not a weaker nation, a which clearly it has to be, then I am we can’t afford that. We can’t afford more prosperous nation, not a nation willing to cosponsor that bill right now that. confronting massive inflation, leading and substitute it for the entire Ken- What we need in the area of health to the devalue of the dollar or massive nedy bill, so we get the full 2 percent care is to address the issue that the tax increases. we get in the Kennedy bill over 10 President said, which is to control the Mr. President, I yield the floor and years of reductions. costs of health care, not by expanding make the point of order that a quorum A simple warning label would be a the size of the costs of health care but is not present. tremendous improvement over this leg- by using the dollars in the health sys- The PRESIDING OFFICER. The islation—$787 million, a new mandate tem more effectively and by getting clerk will call the roll. to the men and women in our military better quality at lower costs, which The assistant legislative clerk pro- to pay for it, and it has been portrayed can be done, by the way. There are a ceeded to call the roll. as an effort to reduce the usage of to- lot of proposals for doing exactly that. Mr. BURR. Madam President, I ask bacco products with our youth. But one of them isn’t to create a sin- unanimous consent that the order for I covered for all our colleagues yes- gle-payer plan or a public plan which the quorum call be rescinded. terday the fact that when you go down essentially puts the government in The PRESIDING OFFICER (Mrs. and look at the CDC proposals to charge of health care and, as a result, GILLIBRAND). Without objection, it is so States on part of the $280 billion of drives up the cost of health care sig- ordered. MSA payments that the industry made nificantly and drives the spending up Mr. BURR. Madam President, I need- to States, that the States had spent a and the borrowing up that goes with it. ed to come to the floor and apologize pittance of what CDC projected on ces- So, yes, we have to address it, but we for a misstatement I made yesterday sation programs to get people to stop have to address it in a way that actu- on the current bill, the Kennedy to- smoking. But more alarming than the ally controls spending, controls the bacco bill. In yesterday’s debate, I stat- fact that States use the tobacco money rate of growth in spending and health ed that the CBO, the Congressional to fill their budget gaps and build side- care, and that doesn’t aggravate this Budget Office, report on the bill re- walks rather than to fund programs to additional debt. vealed that if enacted, smoking rates get people to stop smoking is the fact It is hard to understate the signifi- would decline 2 percent annually. In that in practically every case of 50 cance of the threat this debt rep- fact, I was wrong. States, the marijuana prevalence use resents. It is hard to understate it. I I prepared a chart yesterday that among youth was higher than the to- know I have spoken on this floor about showed, based upon what CBO said, bacco prevalence. it a number of times, but that is be- that we would reduce by 2016 the smok- Let me say that again. Marijuana cause it is so critical to our future as ing rate in the country to 17.8 percent, usage by our youth is projected by CDC a nation. We literally are bankrupting and also the CDC’s projection, which if to be higher in practically every State the futures of our children by putting we did nothing, we would reduce it to than what they have projected youth this much debt on their backs, by dou- 15.9 percent, clearly showing the CBO prevalence of tobacco use. It is actu- bling the national debt in 5 years and estimate under the current bill we are ally smoking. That does not nec- tripling it in 10 years. I am beginning considering would not bring the smok- essarily include smokeless. to feel a little bit like Cato the Elder, ing rate down as much as doing noth- For my colleagues, including myself, who used to speak in the Roman Sen- ing. I have spoken on the fact that we must ate and begin and end every speech The mistake I made yesterday was I keep tobacco out of the hands of our with ‘‘Carthago delenda est.’’ Finally, assumed the way I read it that the CBO children. It has an age limit. I would somebody listened to him, and they ac- estimate is it would reduce smoking 2 agree it has some problems on enforce- tually did destroy Carthage. percent per year. In fact, what the CBO ment. But marijuana is illegal. It is Well, I am saying let’s get the debt report actually said was it would re- supposed to be enforced in every com- under control. Let’s control the spend- duce by 2 percent over 10 years. So, in munity. It is supposed to be enforced in ing of this government. Let’s do some- fact, I have been way too generous to every State. Yet more kids use it than thing about this outyear spending be- the current bill that it would reduce they do tobacco products. fore we get to a position where the smoking to a point of 17.8 percent, In 1975, Congress commissioned the world loses confidence in our dollar, which was figured based on a 2-percent- University of Michigan to track youth loses confidence in our debt, before we per-year reduction. In fact, the gap be- smoking rates. At that time, youth get into the position where we have to tween doing nothing and passing this smoking was at an alltime high. How- inflate the economy or we have to bill clearly is much bigger than I had ever, those rates have started to come place taxes on our children that are so anticipated; that by doing nothing, we down and leveled off around 30 percent, high that they have no chance to have get much more value, if the objective all the way up to 1993. as prosperous and as competitive a life through passage of this legislation is to For some unknown reason at the as we have had. It is not fair, as I have reduce the smoking rate in the United time, youth smoking rates started to said before, for one generation to cre- States. increase around 1993, peaking at close ate this type of debt and pass it on to The bill that is being considered does to a new alltime high in 1997. the next generation to pay. It is not not change existing products. Let me In 1998, 12th graders who said they fair. It is not right. It is something we restate that. We grandfather in all the tried cigarettes in the last 30 days was have never done as a nation. Whenever tobacco products that are currently approximately 36 percent, according to we have run up debt significantly like being marketed. What CBO has con- the University of Michigan. this, we have always paid it down on an cluded is that then you have to perma- Congress did not have a good sense of equally quick basis. After World War nently figure that about the same rate why this was happening. Opponents of II, when our debt got to over 100 per- of Americans will continue to smoke the tobacco industry started blaming cent of GDP, we brought it down very because they do not have new options all this on the alleged manipulation of quickly. We need to bring it down to turn to. young people by tobacco manufactur- today. We need to have discipline Let me make this pledge to my col- ers through sophisticated marketing around here that leads to getting the leagues. If the CBO report that smok- and advertising campaigns. debt of this Nation back to a respon- ing will decrease by a scant 2 percent I heard a Member on the floor last sible level, which means something under the bill is because of new warn- night of the Senate basically blaming under 50 percent, hopefully closer to ing labels and graphic warning labels everything on these very creative mar- the historic norm of 40 percent; where that are mandated in the bill, then let keting techniques. Trust me, if they

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.012 S03JNPT1 jbell on PROD1PC69 with SENATE S5998 CONGRESSIONAL RECORD — SENATE June 3, 2009 were that effective, every company smoking. CBO recently stated that if it dering: Is this going to work? Is it would be figuring out how to adopt was enacted, youth smoking would re- going to hurt me? Because the FDA has those techniques. duce, over the 10-year period, 2 per- already said it is safe and effective; as The tobacco industry has a checkered cent—excuse me, 11 percent for youth, we bring on this new line of biological past, at best, when it comes to mar- 2 percent overall. But according to the products that are going to cure ter- keting and advertising. But what I am University of Michigan, youth smoking minal illnesses that are very expensive, suggesting is, it may not have been all rates have declined by 5 percent over we are not going to do it in a way that due to tobacco. There was another the last 5 years and 16 percent over the hurts our health because the FDA’s trend occurring in the 1993 to 1998 pe- last 10 years. gold standard is in place; that when we riod that virtually mirrored that of If this is an indication of how youth go to the store and we buy food, we are youth smoking, and it was the in- smoking rates will go over the next 10 going to be assured it is safe, some- creased use of illicit drugs by teen- years, we will actually slow the decline thing we haven’t been able to do for agers. Something much broader was by passing this bill. the last few years—spinach contamina- happening among youths in our society Let me say that again. My colleagues tion, salmonella in peanut butter. The during that time period. The Senate’s do not understand. We slow the decline list goes on and on. answer to smoking rate increases was of youth usage by actually passing this Why, with an agency that is strug- to pass a massive FDA tobacco regula- bill. It is the University of Michigan, it gling to meet their core mission, would tion bill, the exact bill we are debating is the Congressional Budget Office, all we ask them to take on a product that today. Congress said nothing else very reputable agencies. in legislation we say we know you can- would work to save our kids and bring I know I have a colleague on the floor not prove it is protecting public health down youth smoking rates. who wants to speak. I am going to or it meets safety and efficacy, but on Senator KENNEDY made the following yield the floor to him. But let me re- that we want you to turn your head, we remarks during the 1998 Senate floor mind my colleagues, we are talking want you to ignore the core mission for debate to emphasize the need to pro- about a massive expansion of regula- this new jurisdiction we are going to tect our children. I quote: tion for the FDA, not a massive expan- give you, but for everything else, we FDA Commissioner David Kessler has sion of regulation over tobacco. There want you to apply that gold standard, called smoking a ‘‘pediatric disease with its are a host of agencies currently that we want to ensure drug safety, device onset in adolescence.’’ In fact, studies show regulate tobacco. It is the most regu- safety, food safety but not with to- that over 90 percent of the current adult lated product in the United States of bacco. smokers began to smoke before they reached America. Now we want to centralize To my colleagues, it is very simple. the age of 18. It makes sense for Congress to do what we can to discourage young Ameri- that regulation into the FDA. Read the bill. You won’t vote for this cans from starting to smoke during these Let me read the FDA’s mission state- bill. You want to reduce youth con- critical years. . . . Youth smoking in Amer- ment: sumption of tobacco? It is real simple. ica has reached epidemic proportions. Ac- The FDA is responsible for protecting the We reduce it faster by doing nothing. cording to a report issued last month by the public health by assuring the safety, effi- Again, I think there will be a sub- Centers for Disease Control and Prevention, cacy, and security of human and veterinary stitute that all Members can vote for smoking rates among high school students drugs, biological products, medical devices, tonight. It accomplishes further reduc- soared by nearly a third between 1991 and our Nation’s food supply, cosmetics and tions of youth usage, because we don’t 1997. Among African-Americans, the rates products that emit radiation. constrict less harmful products in the have soared by 80 percent. More than 36 per- Just in the first phrase, ‘‘protecting future from coming to the market. We cent of high school students smoke, a 1991 the public health,’’ you are not pro- year high. . . . With youth smoking at crisis don’t lock an adult population in to levels and still increasing we cannot rely on tecting public health when you allow only being smokers because they are halfway measures. Congress must use the cigarettes to be sold. So the fact that addicted to nicotine. We give them op- strongest legislative tools available to re- we have constructed a bill that grand- tions, such as Sweden gave their citi- duce smoking as rapidly as possible. fathers every existing product but zens, where they have reduced adult to- Senator KENNEDY, on the Senate makes it practically impossible to bacco smoking at incredible rates be- floor, May 19, 1998. bring to market reduced-risk products cause of innovative new products that Of course, the Senate told the Amer- that allow Americans to give up the deliver nicotine in a way that reduces ican public that passage of the massive cigarettes and to move to something the risk of disease and reduces the rate FDA tobacco regulation bill back in else, the CBO was right, it will slow the of death. 1998 contained the ‘‘strongest legisla- reduction in smoking rates. We do If the objective here is to reduce dis- tive tools available’’ to address youth nothing for disease and death. We do ease, to reduce death, to reduce youth smoking issue. more for disease and death by not pass- usage, then I would encourage my col- Congress did not pass the FDA bill ing legislation than we do by passing leagues tonight, when Senator HAGAN we are debating today. What happened legislation. If the authors of this bill and I introduce the substitute, to lis- with youth smoking rates? They de- are, in fact, honest and the effort is to ten very carefully and support the sub- creased since 1998 to current alltime reduce youth access and youth usage, stitute. But at the end of the day, if lows. I am talking about record lows then the Members of the Senate should your objective is to reduce youth con- over a 34-year period. In 1998, we were do nothing. sumption of cigarettes, in the absence told by some in the Senate that youth Hopefully, tonight Senator HAGAN of passing that substitute, it is very smoking rates would not come down and I will offer a substitute that brings clear—the CBO and the University of absent a major bureaucratic expansion as much regulatory authority to an en- Michigan says: Pass nothing. over tobacco at FDA. Those Senators tity outside the Food and Drug Admin- Madam President, I yield the floor. were wrong, dead wrong. istration but one under the Secretary The PRESIDING OFFICER. The Sen- Today, we continue the same debate of Health and Human Services. Why? ator from Oregon. over basically the same bill, and we are Because I spent 15 years in Washington Mr. MERKLEY. Madam President, I debating this as if nothing else has trying to protect the integrity and the ask unanimous consent to refer to happened or changed. Obviously, some- gold standard of the FDA, so that when these tobacco orb products during my thing we are doing across this country every American goes to bed at night speech. is working, and it has nothing to do and they take that prescription they The PRESIDING OFFICER. Without with what Congress is talking about got from a pharmacist prescribed by a objection, it is so ordered. doing. It has to do with the passage of doctor, they don’t have any question as Mr. MERKLEY. Madam President, I the Master Settlement Agreement, ad- to whether, one, it is safe, or, two, it is want to start by thanking Senator vertising restrictions, awareness cam- going to work; that when they go to DODD for his tireless advocacy on this paigns, and education. the hospital and all of a sudden a doc- issue. The need to regulate tobacco None of these things are enhanced in tor shows them a procedure they are products has been evident for many H.R. 1256, the Kennedy bill. It is about going to have and a medical device is years, and for year after year it has design, not about keeping kids from involved, they are not sitting won- been impossible to accomplish this

VerDate Nov 24 2008 01:57 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.013 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S5999 goal. It is frankly unbelievable that like a cell phone in your pocket rather tacks, heart disease, cancer of the while we heavily regulate the produc- than a traditional can of smokeless to- esophagus, cancer of the stomach. tion and sale of aspirin, a product that bacco. They have done two other This is not a safe product. This is not is not addicting and not destructive, things to make this product appealing, safe tobacco. It is a product like ciga- tobacco, which is addictive and is de- and I have a sample right here. First, rettes that causes cancer and kills. structive, goes without regulation. they come in candy flavors. This one is Further, it is not a method of helping This bill will go a long way in help- euphemistically called ‘‘fresh.’’ It is a smokers to quit smoking. The purpose ing to keep these addictive tobacco mint candy. This one is of smokeless tobacco candy is not to products out of the hands of our chil- euphemistically called ‘‘mellow.’’ It is help people quit tobacco products, it is dren. This bill gives the FDA the legal a caramel-flavored candy. So they have designed to addict them to tobacco authority it needs to reduce youth thrown in the candy flavoring and a products. The idea that the tobacco smoking by preventing tobacco adver- really cool dispenser. And not only companies would be out marketing a tising targeting children. It provides does the dispenser look like a cell product designed to get people to quit the FDA with the authority to prevent phone—so teachers can’t tell what it using tobacco products is, quite frank- the sale of tobacco products to minors is—but it has a feature taken from the ly, obviously ridiculous. Unlike as well as the authority to prevent the world of the Pez candy dispenser. You Nicorette or the nicotine patch, which tobacco industry from misleading the pop it open, and out pops a single to- are designed to help people quit smok- public about the dangers of smoking. bacco tablet. You close it and shake it ing, tobaccoless candy does not help Additionally, this bill takes impor- around, open it up again, and out pops you quit and the doses do not get any tant steps in the regulation of smoke- another one. So we have three features lower over time. less tobacco. We are all familiar with here designed specifically to market to The U.S. Public Health Service Clin- the dangers posed by cigarettes—the children: the cell phone shape, the ical Practice Guideline notes: health effects have long been docu- candy flavoring, and the Pez-style dis- The use of smokeless tobacco products is mented—both on users and bystanders. penser. not a safe alternative to smoking, nor is We are also familiar with the steps Now, why is it tobacco companies there evidence suggesting it is effective in helping smokers quit. being taken in many cities and many need to market to children? It is be- States to rid our public areas of sec- cause when adult testers try out a to- It is no secret these products are dan- ondhand smoke. These actions, thank- bacco product, they rarely continue gerous. Six years ago to this very day, fully, have been quite successful, but using it. Therefore, they rarely become Surgeon General Richard Carmona they lead to a major dilemma for to- a customer of a tobacco company. A talked about what he called the ‘‘pub- bacco companies: if smoking becomes teenager who tries one of these prod- lic health myth’’ that smokeless to- socially unacceptable, how can the in- ucts—whose brain is still being wired bacco is a good alternative to smoking. dustry replace the hundreds of thou- and, therefore, is much more suscep- He emphatically said that was simply sands of tobacco addicts who die every tible to the influence of nicotine—is not true, and I think it is worth year? The industry’s response has been much more likely to become addicted quoting him at some length: to bet heavily on smokeless tobacco and become a lifelong customer or reli- I cannot conclude that the use of any to- products and to bet on addicting able customer. That is why the tobacco bacco product is a safer alternative to smok- ing. This message is especially important to youngsters to those products. companies are marketing tobacco communicate to young people, who may per- Chewing tobacco has been around for candy to our children. ceive smokeless tobacco as a safe form of to- a while, but it has its own limitations. There is no question that this to- bacco use. Smokeless tobacco is not a safe There aren’t many places—outside of bacco candy is dangerous. The Indiana alternative to cigarettes. Smokeless tobacco this very Chamber—in the United Poison Control has estimated that each does cause cancer. States where you can find a spittoon. tablet delivers 60 to 300 percent of the That statement is from a 2003 House So the tobacco companies are looking nicotine in a single cigarette. The hearing on tobacco harm reduction, for hip new smokeless tobacco products product is addictive. The product and I ask unanimous consent, Madam that don’t require spitting and that can causes cancer. And unless we pass this President, to have printed in the appeal to a new generation of children. bill and give the FDA the authority to RECORD the entire prepared testimony This picture was taken just a few regulate, soon you will see this tobacco delivered that day. blocks from this Capitol. It is of a new candy in a convenience store near you, There being no objection, the mate- product called ‘‘Snus’’ that R.J. Rey- and we will see more displays such as rial was ordered to be printed in the nolds is selling nationwide. It is a fla- the one shown here in Portland—to- RECORD, as follows: vored, pouched tobacco product adver- bacco candy advertised right next to TESTIMONY BEFORE THE SUBCOMMITTEE ON tised as not requiring spitting. And as ice cream. COMMERCE, TRADE, AND CONSUMER PROTEC- you can see here, it is advertised next Once the companies master the tech- TION, COMMITTEE ON ENERGY AND COM- to displays of candy and Peppermint nique of turning tobacco into kid- MERCE, UNITED STATES HOUSE OF REP- Patties. I should note that this con- friendly candy, there is no end to the RESENTATIVES tainer was not the original designed for variety of products that can be turned CAN TOBACCO CURE SMOKING? A REVIEW OF the Snus container. The original con- out. Already RJR has announced they TOBACCO HARM REDUCTION tainer was round. As reported by the are planning to launch two new forms Statement of Richard H. Carmona, M.D., of tobacco candy; sticks, which look M.P.H., F.A.C.S., Surgeon General, U.S. Portland Oregonian last December, it Public Health Service, Acting Assistant came in containers similar to chewing like toothpicks you suck on, and Secretary for Health, Department of tobacco, but teachers in schools no- strips, which are nearly identical to Health and Human Services ticed these containers in their stu- breath mint strips that dissolve on Mr. Chairman, distinguished members of dents’ pockets. your tongue. the Subcommittee, thank you for the oppor- So now R.J. Reynolds has redesigned Everywhere I go and talk about these tunity to participate in this important hear- them so that teachers can’t recognize products, people are outraged. Mean- ing. My name is Richard Carmona and I am that these are smokeless tobacco prod- while, the tobacco industry and its the Surgeon General of the United States of ucts in their students’ pockets. champions are trying to justify these America. Clearly, the marketing is aimed at products as safe alternatives to smok- Let me start with a few statements that were once accepted throughout society that young people. But it gets even worse. ing. That just isn’t so. And that rhet- have now been relegated to the status of Now R.J. Reynolds has come out with oric poses a real danger to consumers myth. another product that they are test who might think smokeless tobacco is Men do not suffer from depression. marketing in three cities across the harmless. In fact, this very rhetoric Domestic violence is a ‘family’ or ‘private’ country, one of which is in my home shows why we need to have the FDA matter. regulating this product. In fact, the The HIV-AIDS epidemic is of no concern to State of Oregon. Portland, OR, is a site most Americans. for the test market of tobacco candy. Surgeon General has determined the All of us here know that these three state- Tobacco candy, as you see here, also use of smokeless tobacco can lead to ments are very dangerous public health comes in what was designed to look oral cancer, gum disease, heart at- myths.

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.022 S03JNPT1 jbell on PROD1PC69 with SENATE S6000 CONGRESSIONAL RECORD — SENATE June 3, 2009 My remarks today will focus on a fourth When and if such a product is ever con- Every day, more than 2,000 kids in the U.S. public health myth which could have severe structed, we would then have to take a look will start to smoke, and more than 1,000 consequences in our nation, especially at the hard scientific data of that particular adults will die because of smoking. We have among our youth: smokeless tobacco is a product. to get youth to stop starting. But the answer good alternative to smoking. It is a myth. It Our nation’s experience with low-tar, low- is not smokeless tobacco. is not true. nicotine cigarettes is instructive to the issue We have evidence to suggest that instead As the nation’s Surgeon General, my top at hand. Low-tar, low-nicotine cigarettes of smokeless tobacco being a less dangerous responsibility is to ensure that Americans were introduced in the late 1960’s and widely alternative to smoking, just as smoking is a are getting the best science-based informa- endorsed as a potentially safer substitute for gateway to other drugs, smokeless tobacco is tion to make decisions about their health. the typical cigarette on the market at that a gateway to smoking. So I very much appreciate the opportunity time. Within a decade, the low-tar brands So we must redouble our efforts to get our to come before this Subcommittee today and dominated the cigarette market. Many youth to avoid tobacco in all forms. help refute this dangerous idea. smokers switched to them for their perceived We have some real work to do on the ‘‘cul- First, let me emphasize this: health benefits. ture’’ of smokeless tobacco, which is glamor- No matter what you may hear today or Unfortunately, the true health effects of ized by some sports stars. Chicago Cub read in press reports later, I cannot conclude these products did not become apparent for Sammy Sosa, who has made a public com- that the use of any tobacco product is a safer another 10 to 20 years. We now know that mitment to avoiding smokeless tobacco, is a alternative to smoking. This message is es- low-tar cigarettes not only did not provide a great example for kids. Past baseball great pecially important to communicate to young public health benefit, but they also may Joe Garagiola is now Chairman of the Na- people, who may perceive smokeless tobacco have contributed to an actual increase in tional Spit Tobacco Education program, and as a safe form of tobacco use. death and disease among smokers. regularly lectures young players against the Smokeless tobacco is not a safe alternative First, many smokers switched to these dangers of smokeless tobacco. to cigarettes. products instead of quitting, which contin- As Members of Congress, you can lead by Smokeless tobacco does cause cancer. ued their exposure to the hundreds of car- example too, not just in legislation, but in Our nation’s experience with low-tar ciga- cinogens and other dangerous chemicals in your own lives. I encourage you to avoid to- rettes yields valuable lessons for the debate cigarettes. Second, to satisfy their bodies’ bacco in all its forms. Do not fall for the over smokeless tobacco. craving for nicotine, many smokers unwit- myth—a very dangerous public health Tobacco use is the leading preventable tingly changed the way they smoked these myth—that smokeless tobacco is preferable cause of death in the United States. low-tar cigarettes: they began inhaling more to smoking. Do not let America’s youth fall Each year, 440,000 people die of diseases deeply, taking more frequent puffs, or smok- for it, either. caused by smoking or other form of tobacco ing more cigarettes per day. From the perspective of individual risk, use—that is about 20 percent of all deaths in In fact, we now believe that low-tar ciga- the cumulative effect on smokers of switch- our nation. rettes may be responsible for an increase in ing to smokeless tobacco is simply not The office I lead as Surgeon General has a different form of lung cancer, adenocar- known. But we clearly know that use of long played a key role in exposing the risks cinoma, which was once relatively rare. This smokeless tobacco has serious health con- of tobacco use. In 1986, the Surgeon General’s cancer is found farther down in the lungs of sequences. Overall, smokeless tobacco prod- Report The Health Consequences of Using smokers, indicating deeper inhalations, and ucts have been classified as a known human Smokeless Tobacco reached four major con- appears linked to a specific carcinogen par- carcinogen. And limited scientific data indi- clusions about the oral use of smokeless to- ticularly present in low-tar brands. cate that former smokers who switch to bacco: We must learn the lessons of the low-tar smokeless tobacco may not have as great a 1. Smokeless tobacco represents a signifi- cigarette experience. Not only did they fall decrease in lung cancer risks as quitters who cant health risk; to reduce an individual’s risk of disease, but do not use smokeless tobacco. 2. Smokeless tobacco can cause cancer and they also appear to have increased popu- From the perspective of population risk, a number of non-cancerous oral conditions; lation risk by delaying quitting and poten- there are even more unanswered questions. 3. Smokeless tobacco can lead to nicotine tially contributing to initiation among Even if there was some decreased risk for addiction and dependence; and young people. This has taught us that we smokers who switch to smokeless tobacco, 4. Smokeless tobacco is not a safer sub- must move cautiously in recommending any that benefit may be more than offset by in- stitute for cigarette smoking. supposedly safer alternative for people try- creased exposure of the overall population to Recognizing these serious health con- ing to quit smoking—because now, with this known carcinogen. sequences, Congress passed the Comprehen- more knowledge and the benefit of hindsight, The marketing of smokeless tobacco as a sive Smokeless Tobacco Health Education the science does not support early rec- potentially safer substitute for cigarettes Act in 1986. This law required the placement ommendations on low-tar cigarettes. could lead to: of Surgeon General’s warnings on all smoke- Mr. Chairman, in the interest of time I will More smokers switching to smokeless to- less tobacco products. shortly ask that the remainder of my state- bacco instead of quitting tobacco use com- Mr. Chairman and Members of the Sub- ment and the scientific information con- pletely; committee, I respectfully submit that tained in it be considered as read and made A rise in the number of lifetime smokeless smokeless tobacco remains a known threat part of the record. But before I do that, I tobacco users if more youth begin using to public health just as it was when Congress would like to ask for this Subcommittee and smokeless tobacco; acted in 1986. the Congress’ help in getting the message A rise in the number of cigarette smokers Conversely, time has only brought more out about the dangers of the myth of smoke- as a result of more youth starting to use disease, death and destroyed lives. less tobacco. smokeless tobacco and then switching to cig- The National Toxicology Program of the All of us in this room are very concerned arette use; and National Institutes of Health continues to about our nation’s youth. Kids growing up Some former smokers returning to using classify smokeless tobacco as a known today have a tough time of it. In addition to tobacco if they believe that smokeless to- human carcinogen—proven to cause cancer the normal struggles of puberty, many kids bacco is a less hazardous way to consume to- in people. are facing a host of other challenges. Many, bacco. As Surgeon General I cannot recommend especially minority kids, must struggle to Concerns about youth initiation are espe- use of a product that causes disease and find their way in unsafe neighborhoods. cially troubling. The scientific evidence is death as a ‘lesser evil’ to smoking. My com- So the temptation to engage in behavior clear that use of smokeless tobacco is a gate- mitment, and that of my office, to safeguard that is not healthy, and the opportunity to way to cigarette use. Young people may be the health of the American people demands do so, is very hard for our young people to especially attracted to smokeless tobacco if that I provide information on safe alter- resist. they perceive it to be safer than cigarettes. natives to smoking where they exist. According to a 2000 survey by the Sub- Studies show that more than one in five I cannot recommend the use of smokeless stance and Mental Health Services Adminis- teenage males have used smokeless tobacco, tobacco products because there is no sci- tration (SAMHSA) (The National Household with age 12 being the median age of first use. entific evidence that smokeless tobacco Survey on Drug Abuse), about 1 million kids Surveys also show that more than two in five products are both safe and effective aids to from age 12–17 smoke every day. Another 2 teenagers who use smokeless tobacco daily quitting smoking. million kids smoke occasionally. also smoke cigarettes at least weekly. Fi- Smokers who have taken the courageous And we know that smoking is often not a nally, independent research and tobacco step of trying to quit should not trade one ‘‘stand-alone’’ risk behavior; it travels with company documents show that youth are en- carcinogenic product for another, but in- others. The SAMHSA survey found that couraged to experiment with low-nicotine stead could use Food and Drug Administra- youth who were daily cigarette smokers or starter products and subsequently graduate tion-approved methods such as nicotine gum, heavy drinkers were more likely to use il- to higher-level nicotine brands or switch to nicotine patches, or counseling. licit drugs than either daily smokers or cigarettes as their tolerance for nicotine in- While it may be technically feasible to heavy drinkers from older age groups. More creases. someday create a reduced-harm tobacco than half of 12–17 year olds who were daily Finally, we simply do not have enough sci- product, the Institute of Medicine recently smokers had also used illicit drugs within entific evidence to conclude that any to- concluded that no such product exists today. the past month. bacco product, Including smokeless tobacco,

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.002 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6001 is a means of reducing the risks of cigarette NEDY’s wishes, and mine, of finally see- Through these cases, the American smoking. At this time, any public health rec- ing this bill signed into law. people learned that the lies and deceit ommendation that positions smokeless to- I would also like to thank Senator of the tobacco industry extended far bacco as a safer substitute for cigarettes or DODD for his dedication in carrying out beyond that of a Congressional hearing as a quitting aid would be premature and the aggressive schedule of the HELP dangerous. With the memory of our experi- room. The suits unearthed that the to- ence with low-tar cigarettes fresh in our Committee set forth by the chairman bacco industry had established and minds, we must move extremely cautiously so we can bring this legislation to the funded the councils and institutes before making any statement or endorse- floor. claiming tobacco was not a health haz- ment about the potential reduced risk of any As a cosponsor of this legislation, I ard; and had internal documents stat- tobacco product. firmly believe that we cannot afford to ing that No. 1, nicotine is addictive; Finally, my strong recommendation as wait another day for it to be enacted. No. 2, smoking is a habit of addiction; Surgeon General is a call for sound evidence This is not the first time that I have about tobacco products and their individual and No. 3, that in order to continue to risen to speak on the importance of prosper, cigarettes must be marketed and population based health effects. We need regulating the sale of tobacco products, more research. We need to know more about to younger and younger age groups— the risks to individuals of switching from but I am hopeful that with this legisla- below the legal smoking age of 18. smoking to smokeless; and we need to know tion we will take a giant leap toward The tobacco industry settled these more about the risks to the entire popu- eradicating the use of nicotine, by dis- lawsuits. The agreement, totaling lation of a promotion campaign that would couraging our youth from ever light- nearly $206 billion, was ordered to be position smokeless tobacco as a safer sub- ing-up, and chip away at skyrocketing distributed to the States in an effort to stitute for smoking. smoking-related healthcare costs. recoup Medicaid dollars spent on smok- Until we have this science base, we must Every year that passes, and this leg- convey a consistent and uncompromised ing-related health care costs. While islation is not enacted, another 4,700 $206 billion seems like a lot to you and message: there is no safe form of tobacco children in Rhode Island try a ciga- use. me, this amount of money only ac- Thank you. I would be happy to answer rette for the first time—that amounts counts for approximately 7 years of the any questions. to 1,400 children in my State alone be- Medicaid budgets of the 46 States. Mr. MERKLEY. Madam President, it coming regular, daily smokers each The fact that the industry did settle is a travesty that R.J. Reynolds can year. These new smokers become part should have been a clear sign that to- launch an addictive carcinogenic candy of the 8.6 million individuals nation- bacco production and marketing needs targeted at children with no review by wide suffering from smoking-caused ill- to be regulated. Unfortunately, around the Food and Drug Administration. nesses; they become part of the 400,000 the same time that the settlement oc- deaths every year attributed to to- Nicorette—designed to help you quit curred, the Supreme Court narrowly bacco use. We can and must do more to smoking—went to the FDA for ap- ruled—on a 5-to-4 margin—that the curb the use of this very serious and proval, but caramel tobacco candy or FDA did not have such authority to deadly poison. This is a public health mint tobacco candy—designed to hook regulate their products. The tobacco emergency that demands action. industry continued to aggressively kids on tobacco—is on the shelves in Over the years, the tobacco industry Portland, OR, right now with zero over- has been confronted with opportunities market tobacco products. Nearly 10 years later, this past De- sight. to do the right thing—to be honest cember, the Supreme Court upheld that This bill will finally bring some about the health effects of tobacco or tobacco firms could, in fact, be charged transparency and common sense to the even the intended targets of various at the State level with deceptive adver- regulation of tobacco. Finally, the marketing campaigns. In every in- tising practices of cigarettes. We have FDA will be able to address the single stance they passed up that opportunity on the one hand, no regulation; on the greatest public health menace in our and actively fought to continue allur- Nation. I am pleased that this bill does ing generation after generation to use other hand, the possibility of State en- include an amendment that Senator tobacco products. forcement. BROWN and I authored to require the I would like to use the time that I These two Supreme Court decisions Tobacco Advisory Committee to expe- have today to walk through some of further complicate the message re- dite the review of tobacco candy. I look those occasions in an attempt to dem- ceived by Americans regarding the use, forward to passing this bill and to onstrate how important the Family marketing and distribution of tobacco. keeping tobacco candy from store Smoking Prevention and Tobacco Con- In essence, the industry could be held shelves before the industry succeeds in trol Act is to the American people, not liable for certain advertising practices, hooking a whole new generation of our only to our health, but to our economic but direct, regulatory oversight of children. prosperity. those practices does not exist. Appro- Madam President, I yield the floor, In 1994, while I was in the House of priate guidelines do not exist. With and I suggest the absence of a quorum. Representatives, seven executives from this bill, we have the opportunity to The PRESIDING OFFICER. The the tobacco industry took an oath be- ensure that guidelines are established. clerk will call the roll. fore a House committee that they To add yet another layer to this de- The bill clerk proceeded to call the would tell the truth about tobacco. In bate, only 2 weeks ago, the U.S. Dis- roll. their statements and responses to ques- trict Court of Appeals for the District Mr. REED. Madam President, I ask tions from members on the committee, of Columbia ruled that the tobacco in- unanimous consent the order for the all seven individuals stated that they dustry falsely advertised ‘‘light’’ and quorum call be rescinded. believed nicotine was not addictive, ‘‘low-tar’’ cigarettes under the guise The PRESIDING OFFICER. Without and that new marketing practices were that they were less dangerous than objection, it is so ordered. not designed to reach younger and other products. This ruling comes after Mr. REED. Madam President, I rise younger age groups, below the legal 10 years from the date the suit was today in support of the Family Smok- smoking age of 18. originally filed—10 years too late to ing Prevention and Tobacco Control In order to support these claims, the prevent 10,000 Rhode Island children be- Act, but first, I would like to take a executives cited research councils and ginning to regularly use tobacco. Had moment to recognize the outstanding institutes. But these statements were we enacted the Family Smoking Pre- leadership of Chairman KENNEDY on contrary to what many public health vention and Tobacco Control Act, or a this important public health issue. officials were saying, and what I be- similar version of this legislation, This is not the first time he has ush- lieved. This further obscured the no- years ago, we could have prevented ered a bill on this topic from com- tion that smoking was a direct cause of some of those in my State and across mittee to the Senate floor. I am con- disease. the country from ever smoking. In- fident that my colleagues, in recogni- A total of 46 States—including my stead, the debate has dragged on for 10 tion of the tremendous, hazardous ef- own—States in which the majority of years. fects that tobacco has on children, ado- my colleagues represent—then pro- Unfortunately, this debate will con- lescents, adults, and seniors, will join ceeded to call their bluff, one lawsuit tinue to drag on. The tobacco industry me in fulfilling one of chairman KEN- at a time. has already publicly stated that it will

VerDate Nov 24 2008 01:57 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.005 S03JNPT1 jbell on PROD1PC69 with SENATE S6002 CONGRESSIONAL RECORD — SENATE June 3, 2009 continue to argue the decision that was The PRESIDING OFFICER (Mrs. prevent Congress from acting to pro- recently rendered. Rather than taking HAGAN). The clerk will call the roll. tect the children and the citizens of the tortuous, time-consuming and very The legislative clerk proceeded to our country from this addictive prac- expensive path of taking the case call the roll. tice. Given these figures and the fact through litigation, I think we have to Mr. SANDERS. I ask unanimous con- that profit margins are estimated at 46 give the FDA the authority to regulate sent that the order for the quorum call cents per pack for Philip Morris, I can- tobacco products. be rescinded. not understand any argument against We have the opportunity before us to The PRESIDING OFFICER. Without legislation to regulate the marketing, put an end to the courtroom drama. objection, it is so ordered. advertising, and product standards of With the Family Smoking Prevention Mr. SANDERS. Madam President, I cigarettes and other tobacco products. and Tobacco Control Act, we can give am very pleased that we are finally Tobacco has been considered more the FDA the authority to regulate to- taking up this very important legisla- addictive than heroin. Let me repeat: bacco, restrict illegal advertising prac- tion. Regulating tobacco through the Tobacco has been considered more ad- tices targeting children, prevent the FDA is an essential part of addressing dictive than heroin. In fact, there are a unlawful sale of tobacco to our Na- public health issues related to tobacco number of anecdotal stories of former tion’s youth, and strengthen warning use, and I fully support this long over- heroin addicts who were able to kick labels. due legislation. The cost of smoking is their heroin habit but not their to- With this legislation, everyone wins. estimated at $96 billion a year in bacco habit. It was just too hard to The tobacco industry would have clear health care costs. The human toll is quit tobacco compared to heroin. Imag- guidance on advertising practices even more appalling: 440,000 smoking- ine that. which could help them avoid lengthy related deaths per year. Tobacco is re- Tobacco companies are adding nico- litigation; young people will not be tar- sponsible for one-third of all cancer tine and other chemicals to their prod- geted by aggressive tobacco media deaths in the United States each year, ucts to make these products even more campaigns; and the public health crisis and tobacco use is the most prevent- addictive. And they are not regulated. caused by tobacco use—which costs the able cause of death in the country. Nobody regulates them. They can add American people in health care dollars, There are many important provisions whatever they want whenever they in lost productivity, and in loss of in this bill, but this issue is primarily want. So we have multinational cor- loved ones—tremendous prices—would about our children. It is appalling that porate executives in three-piece suits hopefully begin to fade. in Vermont, one in every six high making huge amounts in compensation In preparation for our discussion, I school students smokes cigarettes, and packages based on selling a killing and looked back at some of the past state- nationally 20 percent—one in every five addictive product to the American peo- ments that I have made in support of high school students—smoke. Every ple and to our children. We should be regulating tobacco—and one sticks out day, about 3,600 children between 12 very clear when we take a look at in my mind: the tobacco industry has and 17 years of age smoke their first these CEOs and understand that they worked hard to earn the trust of the cigarette; 1,100 of them will become are nothing more than high-priced and American people. regular smokers, and 300 of those will high-paid drug pushers. This Congress We must try to win that trust back. ultimately die from this habit. That is has spoken out repeatedly against We must empower the FDA to regulate condemning over 100,000 kids every those horrendous people, the lowest of tobacco in order to rein in the use of year to a certain early death caused by the low, who are trying to get our kids tobacco by children, control the access tobacco. No wonder that 70 percent of into heroin and other drugs. We should that our children have to tobacco, and voters strongly support FDA having look at these CEOs in the same way warn the American public about its the authority to regulate tobacco. and say to them: How dare you try to dangers. Make no mistake, tobacco marketing The Senate is finally once again on sell addictive products to our kids, get and marketing to kids is big business. the path to having a meaningful debate them hooked into smoking cigarettes, The tobacco industry spends about $36 about our Nation’s health care system. and force them to end their lives pre- million every day marketing and ad- It is my hope that this debate will re- maturely and, in many cases, very vertising its addictive products in the sult in appropriate, high quality health painfully. United States. That is over $13 billion care coverage and access for every While one major part of this issue is a year. The multinational corporations American. Of course, we hope to do all stopping tobacco use before it starts, that market tobacco are not spending of this at the lowest possible cost. Congress will also need to take up the If we are serious about reforming our that kind of money if they don’t expect issue of cessation. About 70 percent of health care system, why wait? Smok- a big return. Some of these ads are not all smokers say they want to quit ing-related health care costs are sky- just trying to get older addicted smok- smoking, but tobacco is so addictive rocketing. Today the average cost of a ers to switch brands, they are mar- that even the most motivated may try pack of cigarettes in the country is keting to girls and young women to get to quit eight or nine times before they about $5 but the social cost is much them to start smoking and they are are able to do so. I look forward to more. marketing to teenage boys to get them working with my colleagues in the Every year, the public and private to start smoking. They are adding Senate to address what I see as an ad- health care expenditures caused by candy flavors to get young people to diction that leaves hard-working peo- smoking total approximately $100 bil- start smoking. ple struggling to make ends meet with lion, and $100 billion in lost produc- That our Nation’s most vulnerable limited choices in terms of cessation tivity. These are staggering totals. are subjected to these kinds of mar- programs. What we have to do as a na- I will repeat: we literally cannot af- keting campaigns of multimillion-dol- tion—and I know it is outside the scope ford to wait another day for this legis- lar profit companies is a disgrace and of this particular bill—is to make it as lation to be enacted. an outrage. Can one imagine a com- easy as possible for anyone in America We have the opportunity to begin pany trying to addict our young people who wants help in order to stop smok- charting a new course today. With this to a habit which will prematurely kill ing and kicking the habit to be able to bill, we will begin to chip away at them? I am not quite sure what kind of do so. We are not there right now. health care costs, steer our youth away morality exists on the part of people Sometimes it is complicated. Some- from smoking, and pave the way for a who do this. We are talking about an times it is expensive. Sometimes peo- healthier future for our Nation. industry where the largest company, ple do not know how to access ces- I look forward to working with my Philip Morris, brought in $18.5 billion sation programs. But I think that is a colleagues to enact this important in revenue in 2007 from their U.S. busi- goal we must strive for. piece of legislation and set forth on ness alone and over $64 billion in total Studies have shown smoking has be- this new path for a healthier and more revenues internationally. The tobacco come even more concentrated among prosperous America. industry spent nearly $28 million lob- populations with lower incomes and I yield the floor and suggest the ab- bying Congress in 2008, and from 1998 to with less education. Why do low-in- sence of a quorum. 2006, they spent over $248 million to come people smoke? Medical research

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.015 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6003 shows that being poor is, needless to Rhode Island and our senior Senator Even after the 1998 settlement agree- say, extremely stressful. And as any- from New Mexico. They argued that ment, one tobacco company noted, one who has ever been addicted to to- the FDA regulation of tobacco was ‘‘market renewal is almost entirely bacco knows, being anxious, being ‘‘long overdue.’’ They pointed out that from 18-year-old smokers.’’ They do stressful makes you reach for a ciga- every day we delayed, more kids would not say they are targeting minors. rette. start smoking and more citizens would That would be illegal. But somebody is We have a lot of work in front of us. face disease and death. That was al- going to have to explain to me how you I think this bill is a very good step for- most a decade ago. can focus your business model on 18- ward. The bottom line is, this Congress Since the FDA first tried to regulate year-olds without marketing to 17- has to, through the FDA, regulate to- tobacco, more than 20.6 million Amer- year-olds. bacco. Our goal has to be for these ican kids smoked their first cigarette, When I came to Congress after my companies to stop pushing their dan- and more than 2.6 million of those kids service as an AG, I strongly supported gerous and addictive product onto our will die because they did. Almost $1 FDA regulation of tobacco. I knew people, especially our kids. Our goal trillion has been spent on health care then the settlement did not provide the has to be to come up with programs to costs associated with smoking, and 4.6 kind of flexibility needed to effectively make it as easy as possible for people million Americans have lost their lives control tobacco industry actions. Since to get off their addiction. to cigarettes. the settlement was signed, the tobacco So we have a lot of work in front of We do not know how many young companies have shown us they will us. I think this bill is a very good step people would not be addicted today if evade it at every opportunity. On May forward. these companies had been prevented 22, the DC Circuit Court of Appeals af- Having said that, Madam President, I from advertising their products to our firmed the 2006 ruling that found to- yield the floor and suggest the absence children. We do not know how many bacco companies guilty of racketeering of a quorum. cases of lung cancer and heart disease and fraud. The original ruling con- The PRESIDING OFFICER. The could have been prevented if tobacco tained 1,300 pages describing tobacco clerk will call the roll. companies had not boosted nicotine company efforts to endanger the public The legislative clerk proceeded to levels and marketed light cigarettes as health and to cover up their activities. call the roll. if these cigarettes weren’t killers. We Many of these actions were taken after Mr. FEINGOLD. Madam President, I don’t know how many lives were lost the settlement agreement. ask unanimous consent that the order while Congress failed to act. But we do The court found the tobacco compa- for the quorum call be rescinded. know that number is too high—much nies ‘‘began to evade and at times even The PRESIDING OFFICER. Without too high. violate the settlement agreement’s objection, it is so ordered. I first became involved with this prohibitions almost immediately after (The remarks of Mr. FEINGOLD per- issue when I was New Mexico’s attor- signing the agreement.’’ After dis- taining to the introduction of S. 1173 ney general. In May of 1997, we joined banding a research program, according are located in today’s RECORD under a lawsuit that would eventually in- to the terms of the agreement, the ‘‘Statements on Introduced Bills and volve 46 States and 6 territories. In companies initiated a new research Joint Resolutions.’’) some ways, this lawsuit was like any program with the same office, the same Mr. FEINGOLD. Madam President, I other. My client, the State of New board, and even the same phone num- yield the floor, and I suggest the ab- Mexico, had lost thousands of lives and bers. sence of a quorum. billions of dollars because of the de- Given the obvious dangers of tobacco The PRESIDING OFFICER. The fendant. Our suit simply demanded res- products and the behavior of the to- clerk will call the roll. titution and damages. bacco company executives over the The assistant legislative clerk pro- But on a broader level, the tobacco years, why isn’t this product already ceeded to call the roll. cases were unprecedented. We were re- regulated by the FDA? This question Mr. UDALL of New Mexico. Madam sponding to a threat that impacts was answered implicitly by the Su- President, I ask unanimous consent every American. The suit began in Mis- preme Court in 2000, and the answer is that the order for the quorum call be sissippi and it spread to almost every instructive. The Court found that to- rescinded. State, regardless of politics or geog- bacco, unlike other FDA-regulated The PRESIDING OFFICER. Without raphy. We were addressing a national drugs, has no health benefits. In other objection, it is so ordered. problem because the Congress had words, tobacco is too unhealthy to be Mr. UDALL of New Mexico. Madam failed to act. regulated. President, I rise to support the Family In 1998, we negotiated a Master Set- Whatever you think of that ruling, it Smoking Prevention and Tobacco Con- tlement Agreement that was an impor- poses a serious question. Should an trol Act, and I wish to start by thank- tant step forward. But we knew there agency that regulates Tylenol be un- ing Senator KENNEDY and all those who was more to be done. Some have able to regulate a substance that kills have fought for this legislation over claimed the settlement makes FDA 440,000 Americans every year—more the years. regulation of the tobacco industry un- than—and think about this for a Watching this debate, I can’t help necessary. As somebody who helped ne- minute—more than alcohol, AIDs, car but think of the movie ‘‘Groundhog gotiate that agreement, let me tell you crashes, illegal drugs, murders, and Day.’’ In that movie, Bill Murray has that nothing could be further from the suicides combined? Tobacco kills more to live the same day over and over. truth. than all those combined. Is it possible Like him, I have been here before. We The settlement was not intended as a that one of the world’s most deadly ad- have all been here before. substitute for adequate Federal regula- dictive substances should be immune The FDA first attempted to regulate tion. In fact, the agreement originally from the rules that govern almost tobacco products in August 1996, al- called for FDA regulation as an inte- every other addictive substance that most 13 years ago. In 2000, a narrow gral part of efforts to protect the pub- can be legally sold in this country? majority on the Supreme Court ruled lic. The National Association of Attor- Some of those who have spoken on that the Congress had not given the neys General recently filed an amicus this bill have pointed out the FDA can- FDA authority to regulate tobacco. brief saying the settlement has not not solve the most significant problem But even as the Court struck down the stopped tobacco companies from mar- with tobacco—that when used as di- FDA rules, it noted that tobacco poses keting to kids. rected, it kills the user. But the FDA ‘‘one of the most troubling public In fact, tobacco company memos can stop tobacco companies from add- health problems facing our Nation demonstrate that their business de- ing ingredients that make their prod- today.’’ pends on recruiting what they call ‘‘re- ucts more addictive and more deadly. Immediately after that decision, this placement smokers.’’ Companies used It can stop them from lying to con- body considered legislation to provide to strategize about how to attract cus- sumers about the health impact of the needed authority. That legislation tomers as young as 13, and evidence their products, and it can stop them was introduced by the Senator from suggests this strategy has not changed. from marketing to our children. In

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The company in America, and the sponsors of this was 11 years ago; 11 years ago, the FDA thought she was one of their cus- bill have stated it numerous times: No. Modernization Act was passed. I was tomers, and they asked her to send me 1, to reduce youth usage; No. 2, to re- the lead sponsor of that bill, writing a form e-mail opposing this legislation. duce disease and death. That is the that bill in the House of Representa- She forwarded their e-mail, and at the public health component, and I agree tives. It took 21⁄2 years to construct it. beginning of the e-mail she wrote: totally with it. But I think what we Every Member believed that the gold They strongly urged me to copy the fol- have to look at is the experience of standard of the FDA was so important lowing message to you and to vote against what is happening today and what the that we never lost focus on the fact it. What they don’t know is I don’t smoke. assessments are of the bill that is being that we had to maintain the integrity But my 12 and 7-year-olds do because they considered that would grant FDA juris- of the mission statement of the FDA. have to go visit their dad, who smokes diction of this product. But no Member of Congress ever at- around them. Not only do they get a lot of Today, the Centers for Disease Con- tempted to extend jurisdiction over to- secondhand smoke, but my oldest one idol- bacco to the FDA because they were izes her dad and will probably end up smok- trol says smoking is being reduced an- nually by 2 to 4 percent. The Congres- concerned at the time that to do that ing because of him. So by all means, pass the would lessen that gold standard at the bill. sional Budget Office has looked at the Kennedy bill and assessed that over the FDA. Congress has waited too long to pro- How can you tell an agency that has tect this woman and her children. It is next 10 years the bill would reduce con- sumption by smokers at 2 percent. Let a regulatory responsibility to protect time to get this done. the safety and effectiveness of those me say that again. Currently, doing In ‘‘Groundhog Day,’’ Bill Murray products they regulate that we want nothing—not spending billions of dol- wakes up to a different day when he fi- you to do it on drugs and biologics and lars, not giving new authorities to the nally does the right thing. I am hoping medical devices, but we don’t want you FDA—we reduce smoking by 2 to 4 per- we will all wake up after this vote to a to do it on this new product of tobacco? cent per year. But if we put this bill new day—a day when our citizens have The risk and concerns and fears at the into effect—at $787 million annually— the health protections they should ex- time were that this might diminish the and we give the FDA authority and pect from their government. I would effectiveness of the FDA. ask you to join me in supporting this jeopardize the gold standard of the What has happened in 11 years? For commonsense legislation. agency which approves drugs and bio- 11 years, we have had a steady decrease I yield the floor. logics, medical devices and food safety, in smokers. Now we are going to adopt The PRESIDING OFFICER. The Sen- we are actually not going to reduce a bill that potentially locks us into ator from Wyoming. smoking usage as much as if we did just the products in 2007. Why have we Mr. ENZI. Madam President, I yield nothing. had a reduction? Because new reduced- 45 minutes postcloture time to Senator Why is that? This is very important risk products have come to the mar- BURR. because you will hear me talk over the ketplace. We ought to continue to The PRESIDING OFFICER. The Sen- next several days about reduced-risk bring new reduced-risk products to the ator from North Carolina. products. Reduced-risk products are marketplace. Unfortunately, this bill Mr. BURR. Madam President, let me products that deliver the nicotine does not do that. As a matter of fact, in say to my colleague, who had his con- needed for the addiction but reduce the section 910 of this bill, a so-called new stituent send him a letter and who risk of disease and death because it tobacco product would not be marketed served in an incredibly effective fash- may be moved from smoking products unless these three things were met: No. ion as State attorney general and who to smokeless products. The truth is, 1, it can show the marketing is appro- was involved in the MSA, the MSA was under the Kennedy bill, we basically priate for the protection of public very clear. States extorted—that is eliminate any product that wasn’t health; No. 2, the increased likelihood what I call it—money from the tobacco marketed in February of 2007—over 2 that existing users of tobacco products companies to pay for health care costs. years. We have put a marker in the bill will stop using such products; and No. That money that was part of the Mas- that says if there is a product in the 3, the likelihood that those not using ter Settlement Agreement was laid out marketplace that was not sold in Feb- such products will not start. on behalf of the tobacco industry to ad- ruary of 2007, it can’t be sold any more. Let’s take the first requirement and dress the health care costs in those But if it is a product that was sold be- put it into English. Before a company States but also to provide the re- fore February 2007, the FDA can’t could market a new tobacco product, it sources so those States could, in fact, change it one bit. It is grandfathered would have to show that its use is ap- do cessation programs for adults to in. propriate for the protection of public stop smoking. So what is the CBO’s assessment? health. Who in the world can show that What is our experience in the coun- What the Kennedy bill does is it grand- the use of a tobacco product is appro- try relative to the recommendations fathers every cigarette that was on the priate for public health? It is impos- given by the Centers for Disease Con- market 21⁄2 years ago and it doesn’t sible. In other words, this new tobacco trol to those States in terms of what allow the FDA to change it in any way. product—be it a cigarette, raw tobacco, they ought to spend on programs to get The only thing it does is to increase perhaps an alternative tobacco prod- individuals to stop smoking? Well, in the warning label. I stated on the floor uct—the companies would have to show the State of New Mexico, they have earlier today that if putting a warning that this new product is appropriate done very well. They have actually label on it reduces the usage of ciga- for the protection of public health. spent 44 percent of what the CDC sug- rettes, I am willing to do it today. I Somebody is going to have to explain gested they spend. will cosponsor it with anybody. The to me how a cigarette can be appro- But I think you would also find it truth is, what this bill does is it locks priate for the protection of public shocking to know that the prevalence in these products; therefore, it elimi- health. It cannot be done. Therein lies of marijuana usage in that State is 1 nates the choices adults have to try to why I grandfathered products before percent higher than the prevalence of get off of cigarettes and move to a re- 2007. smoking by youth. The prevalence of duced-risk product. Even if by some miracle the inventer youth marijuana usage is 1 percent My colleague pointed to the Supreme could show a product was appropriate higher than the prevalence of smoking Court ruling on the tobacco industry, for the protection of public health, this cigarettes by youth. In addition to and he was partially correct. He just would only meet a third of the quali- that, I might add that the prevalence didn’t tell the whole story. The whole fications for a new product to come to

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That sub- will have to show me how you can pro- communicate with consumers until stitute will bring full regulatory au- vide an example of a tobacco product you have an approved application, how thority to an entity to regulate this in- currently for sale that would satisfy would you ever get approval under sec- dustry. I am not up here saying we can- these standards: it discourages people tion 911? The devil is in the details. In not regulate it better than we do from smoking, and it deters young peo- fact, you cannot communicate, but you today. It is the most regulated product ple from starting. The bill’s manager, have to communicate to be able to pass in America. It is regulated by more the author of the bill, could not share the third threshold of allowing the agencies than any product that is sold with us exactly how you accomplish product to come to the marketplace. today. Can we do it more extensively? that. So it is disingenuous to suggest that Sure. Can we have better warning la- How does one go about assembling this bill is for the purposes of reducing bels? Absolutely. Can we be graphic in the data that is needed for new prod- death and disease when, in fact, those our description of what these products ucts when, in fact, you cannot actually things that are proven to reduce death cost? Certainly. But the question is, ask consumers about a product that and disease have strictly been forbid- Where is it more appropriate to do the has yet to have an application ap- den. And in the case of those that are regulation? proved. It is a catch-22. It sounds good. at market today, they would be pulled I suggest that creating a new entity Let me highlight another problem from the marketplace. under the Secretary of Health and with the bill as it relates to harm re- It would be fair to say that what we Human Services, where they have full duction. You heard me discuss harm- are doing is freezing the marketplace authority to regulate this product, to reduction products or products that are for cigarettes and chewing tobacco. In limit its advertising, to eliminate its less harmful. These are not found in 2007, I raised the issue with the HELP advertising, is a more appropriate H.R. 1256. Committee because this same bill was place than to give it to the FDA, where I am sure my colleagues are aware brought up. The answer I was told then their mission statement is to prove the that the legislation would ban several was that it may be difficult to bring a safety and efficacy of all products they products not sold in 2007. One of the reduced-risk product to market. Bring- regulate, but they can never do it on products is a product called snus. We ing a reduced-exposure product to mar- tobacco products; to put it under the have seen the can. It is a Swedish ket is much simpler. So I said: Let’s same guidance of the Secretary of smokeless tobacco, it is pasteurized, take a look at it. Maybe a cigarette Health and Human Services, who also and it doesn’t require one to spit. It is with less benzene or nitrosamines can oversees the FDA. a tool that in Sweden has been used to work, so I read the reduced-exposure What is so magical about putting get people off of cigarettes. Yes, it is portion of section 911. this at the FDA? I will tell you, be- still the use of tobacco products, but it The first part of the reduced-expo- cause they have attempted to do it for meets the threshold of diminishing the sure language reads that in the absence 10 years. It is because when you put it risk of death and disease. Some suggest of conducting a 20- to 25-year study on there, over time you will be able to because there is a wintergreen and tobacco products, if you can show a re- outlaw this product—or you think. there is a spice, that this is attractive duction in a harmful constituent in the I go back to this chart from the CDC, to kids. That is not the case. If that product, you can classify it as reduced the Centers for Disease Control, where were the case, we would see winter- exposure. That seems reasonable. in 48 out of 50 States the prevalence of green marijuana, because the usage or Then, in addition, those little pesky youth marijuana usage is higher than preference among youth is higher. The words pop up: ‘‘additional findings.’’ the prevalence of youth smoking. Don’t truth is, that has nothing to do with it. The reduced-exposure language states think just because you outlaw it you As I understand it, the product does that you must show how the product are going to reduce this country’s not require the burning of tobacco. It would actually be used by consumers. youth usage. As a matter of fact, you does not require the actual smoking of Once again, catch-22—you can’t talk to may find out you have increased youth tobacco. It generates no secondhand consumers until you have an approved access. smoke. It will not affect the children application. You can’t show how the The way to do it is to take the money near a user. According to the research product is going to be used by con- the manufacturers gave to the States done by a host of reputable scientists sumers unless you can talk to con- and use the money to provide the edu- and public health organizations, use of sumers. Therefore, there is no such cation, to provide the cessation pro- this product instead of cigarettes can thing as reduced exposure. grams, to provide the reduced-use prod- actually reduce death and disease asso- The bottom line? The bill that is ucts that will allow individuals to get ciated with smoking. Why would you being considered to give FDA jurisdic- off cigarettes and go to something that ban this product if the pretext of pass- tion brings no new harm reduction to really does reduce death and disease. ing this bill is to reduce the risk of tobacco users in America. It does to But if you pass the Kennedy bill, that death and disease? You would not. But smokers exactly what the bill states, it is not what we are doing. What we are we eliminate the ability for this prod- locks in place all the cigarettes that doing is we are locking in forever the uct to come to market in the future, were sold prior to February 1, 2007. Any 21 or 22 percent of the American people and that which is at market today we of the reduced-risk product that has who are going to smoke. In fact, the ban from the market. In other words, it been introduced in over 21⁄2 years auto- Centers for Disease Control said that if is clear that snus is far less dangerous matically goes off the market, and the we do nothing, by 2016 we will reduce, than cigarettes, and it would be appro- pathway through FDA for any new from 21 or 22 percent, the smoking rate priate for the protection of public technology that might not burn to- in America to 15.9 percent. We will ac- health because it eliminates second- bacco or that might use tobacco in a tually reduce it over 6 percentage hand smoke, it moves people away different way that enables somebody to points by doing nothing. from smoking cigarettes. It would quit smoking and reduces death and Yet we are getting ready, if we don’t meet much of the standard of the bill, disease—there is no pathway for it to support the substitute, to lock in a but the legislation still mandates that happen because there is no way to com- measure that assures us indefinitely the manufacturer of snus demonstrate municate with the public until you into the future that 21 or 22 percent of that snus will not encourage nonusers have an application, and a part of the the country will choose cigarettes as to start. application process means you have to their means of tobacco usage. It means Again, I am not sure how you com- communicate with the public to meet we will continue the rate of death and municate with the general public— the test that has been designed. disease. We may look back and say: which is strictly prohibited in the bill You know what this is typical of But we picked the strongest regulatory until you have an approved applica- what the American people think about agency that we could to be in charge of

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And as we become a more product. them take senior reviewers and get global economy, our concerns about What we did 20 years ago was suggest them over because they had to regulate where it is made and what they put on that the old days and the old ways of this product from day one. Tell the in- it mean that our review of food safety allowing people to smoke on airplanes dividual in America who is harmed be- has to be as stringent as everything had to change. Some of us are old cause of a medical device that should else. The FDA is struggling today. The enough to remember those days when have never been approved but got biggest mistake we could make is to you would make a reservation to fly on through the system because the gold give them another product and say, an airplane and you would tell them standard of safety and efficacy was not regulate this, and don’t regulate it whether you wanted to sit in the smok- adhered to at FDA because they were based upon the same standards you do ing on nonsmoking section—as if there asked to turn to tobacco and not prove everything else. But that is what we was any difference. For the most part, that public health was important on are doing. if you happen to be seated, at least, in this product and, therefore, new re- If you want to reduce youth access, the last seat of the nonsmoking sec- viewers looked at it and said: We don’t youth usage, if you want to reduce tion, you might as well be smack dab have to be 100 percent accurate on de- death and disease, vote for the sub- in the middle of the smoking section. So we decided to eliminate smoking vices. Or the biologic companies, when stitute tonight. Reject the base bill. If on airplanes. That was an amendment I they see a delay in the approval of an we do that, we will have successfully offered in the House of Representatives application, that actually invest bil- done our job. If, in fact, we fall prey to lions of dollars to bring a lifesaving over 20 years ago. It had the opposition jeopardizing the gold standard of the of the tobacco lobby and the opposition biologic to the marketplace that ends a FDA, mark my words, this body will be terminal or chronic illness, what if this of all the political leadership in the back at some point fixing a mistake House of Representatives—Democrats product doesn’t come because of what they made. and Republicans. They all opposed it we do? My only hope today is that there for a variety of different reasons. But These are questions we should be won’t be an American who loses their asking ourselves. The American people we called it anyway, and the amend- life by the actions we have taken. I am ment was successful. What it taught deserve us to fully vet this. But in 2 willing to concede that if the FDA gets days of markup on this bill, when ques- me was that Members of Congress are the jurisdiction, the authority to regu- members of the largest frequent flyer tions were asked, the answers were ig- late this industry, we will miss the op- nored. They were more interested in club in America. We spend more time portunity to take a lot of Americans on airplanes than most. If there is the speed with which we pass this than off of cigarettes and move them to something we want to change, it af- the accuracy of the policies that we other products, other products that are fects us personally. And this did. put in place. I have tried to keep the better for their health and not as like- So Democrats and Republicans came debate since yesterday on facts. I have ly to kill them. The statistics say that forward, and we started a trend which tried, when I made a claim, to produce that will happen. Ask yourself, know- I think has been very beneficial for this the numbers. The CDC is typically a ing that, is it worth risking that you country because once I passed that credible source. The Congressional might change the gold standard at the amendment, Senator FRANK LAUTEN- Budget Office is usually a credible FDA, that you might lower the bar for BERG of New Jersey took it up here in source. The University of Michigan, drug or device approval, that we might the Senate. He successfully passed it. many have come on the floor and used actually slip on food safety. I am not We worked together to eventually it as a credible source. This is not in- sure the risk is worth it. eliminate smoking on airplanes, and dustry hype. These are institutions This is about our kids. Vote for the the American people noticed. They that we come to the floor and use to substitute. This is about the status liked it. They reached an obvious and make our claims every day. What all of quo. This is about letting an outside rational conclusion: If secondhand them say is: Don’t pass this bill. But group have a win that has fought this smoke is dangerous in an airplane, they don’t say not to do something. for 10 years because they are in some then it is also dangerous in a train, in Tonight Members will have an oppor- battle with an industry. a bus, in an office, in a school, in a hos- tunity to vote for a substitute, a sub- Is it worth it for us to give them a pital, in a restaurant. Of course, the stitute that gives the same level of au- win versus the American people? I dominoes just kept falling. As they thority, that does away with adver- don’t think so. I encourage my col- fell, there were more and more restric- tising in total, that puts the same de- leagues to support the substitute to- tions on smoking in public-type places. scriptive labels on so that people can- night. Reject the base bill. So there were many things still to be not only read it in plain English but I yield the floor and suggest the ab- done, and we started thinking about see it in detail. It just doesn’t put it at sence of a quorum. the obvious need for change. We knew the FDA. Why? Because I spent 21⁄2 The ACTING PRESIDENT pro tem- we were up against one of the most years of my life trying to modernize pore. The clerk will call the roll. powerful lobbies on Capitol Hill with the Food and Drug Administration The bill clerk proceeded to call the the tobacco lobby. Not only were they through a piece of legislation we passed roll. very wealthy, with a lot of revenue in 1998. Why did it take so long? Be- Mr. DURBIN. Mr. President, I ask from the sale of their product, but they cause the FDA regulates 25 cents of unanimous consent that the order for also had ingratiated themselves to every dollar of our economy. When the the quorum call be rescinded. many Members of Congress of both par- American people go to bed at night, The ACTING PRESIDENT pro tem- ties. They did it in obvious ways: in they know if they take a drug that was pore. Without objection, it is so or- contributing to campaigns. They were prescribed by a doctor and filled by a dered. a major factor in some districts where pharmacist, it will not hurt them. Mr. DURBIN. Mr. President, pending they either manufactured their product More importantly, it is probably going before the Senate now is consideration or tobacco was grown. But they also to help them. It will make them better. of a bill that would dramatically befriended many Members of Congress, Or when they go to the hospital or the change the way we regulate tobacco providing charitable contributions to doctor’s office and they use a device, and tobacco products in America. This hometown charities for Members of the they know it has been reviewed and it is an issue which has meant a lot to me House and Senate. It went a long way is safe. They know that when they go during the course of my time in the to build up good will and to convince to the grocery store, there is an agency House and in the Senate. Members of Congress to oppose any called the Food and Drug Administra- Many years ago—over 20 years ago— other changes when it came to tobacco tion that is responsible for food safety. I offered an amendment which was the regulation.

VerDate Nov 24 2008 01:57 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.040 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6007 Well, there were things we knew assistant majority leader over the last do, because you are offering the flavors needed to be done. You see, each day in 20 years, as a Member of the House and they will find in the ice cream. America, 3,000 to 4,000 children start Senate, are so important, the victories Look at the Sweet Dreams and Choc- smoking for the first time—3,000 to he has had such as stopping smoking olate Dreams cigarettes over here; 4,000 a day. During the course of that on airplanes and all of those other again, a variety of kid-friendly flavors. decisionmaking, about a third or a places. This legislation is extraor- This time, the cigarettes themselves, if fourth of them will decide to stick with dinarily important. you will notice down here, are pastel it. They will stick with it long enough I yield back to the assistant majority colors to make them even more appeal- that the nicotine chemical in the ciga- leader. ing to children. Not only are these rette creates a craving and satisfies an Mr. DURBIN. Mr. President, I thank cigarettes designed to appeal to kids, addiction which is tough to break. my colleague from Ohio for joining in. but the tobacco companies buy the ads Oh, I have seen people walk away He certainly recalls those infamous in magazines that teenagers read and from a lifetime of smoking in a few hearings in the House of Representa- try to draw them to their brands days. But I have also seen people strug- tives when the tobacco company execu- through advertising. gling for their entire lives trying to tives stood up and ceremoniously testi- Here is a familiar one: Camel. Look break that smoking habit—patches fied under oath that nicotine was not at this ad for Camel cigarettes that ran notwithstanding and hypnosis and all addictive. That, I think, was the begin- in Rolling Stone Magazine, Cosmopoli- those things. For a lot of people, it is ning of the end of the tobacco lobby in tan, and Vogue in 2004 and 2005. You a very hard thing to do. Washington, DC. Everyone knew that can see from this ad it is appealing. The tobacco companies know if they they were, at best, misleading and, at These packages are designed in ways to appeal to young people, and the adver- are going to have 400,000 of their cus- worst, just plain lying to the American tising as well. It took 39 State attor- tomers die each year, they have to re- people. When it came to their adver- neys general to get on the tobacco place them with children. If people tising, they denied for years that kids companies’ case before they finally wait until they are 18 years old or 21 were their targets. They said it hadn’t agreed to stop marketing these ciga- years old, they are likely to be smart been the case. enough not to start smoking, but if you rettes. Then one can take a look at some of So what is next? Well, until we pass are 12 or 13, it is an adventure. It is the tobacco companies’ internal docu- this legislation, it is inevitable that something that is forbidden, and it ments that came out during the course these tobacco companies will dream up shows that you are just like a grownup, of lawsuits, and let me tell my col- another way to market their product and kids try it. leagues some of the things they found. to the kids. The tobacco companies know that. The Lorillard Tobacco Company was This bill before us will make a dif- Although they deny it, they market to quoted as saying: ‘‘The base of our ference. For the first time we are going kids. They sell their products in a way business is the high school student.’’ to get serious about this. Tobacco that appeals to children, hoping that Philip Morris, in their internal docu- products are one of the few, and maybe teenagers and even younger will start ments, said: ‘‘Today’s teenager is to- the only, products in America that go taking up this tobacco habit because it morrow’s potential regular customer.’’ unregulated. You can’t sell food or is not only cool, it tastes good. The ad- U.S. Tobacco: ‘‘Cherry Skoal is for medicine in America without the Food vertising is appealing. Tobacco compa- somebody who likes the taste of candy, and Drug Administration, or even the nies spend over $13 billion a year pro- if you know what I’m saying.’’ I think U.S. Department of Agriculture, taking moting their products and many of I know what they are saying. a look at it. I will concede they don’t those marketing efforts are directed R.J. Reynolds, in an internal docu- inspect every package of food you will right at our kids. ment, said: find in the store, but they have an Mr. BROWN. Mr. President, would Many manufacturers have ‘‘studied’’ the overall responsibility to make sure the assistant majority leader yield for 14–20 market in hopes of uncovering the ‘‘se- that that product is safe for Americans a moment? cret’’ of the instant popularity some brands to consume. But tobacco is an excep- Mr. DURBIN. I would be happy to. enjoy to the almost exclusion of tion. Tobacco is not regulated. Tobacco Mr. BROWN. Mr. President, I wanted others. . . . creating a ‘‘fad’’ in this market can be a great bonanza. is not inspected. They somehow man- to reemphasize the words of the assist- age to wiggle their way somewhere be- ant majority leader for a moment be- So make no mistake about it. We tween food and drugs, saying, Oh, we cause I was walking through and heard know. We all know. Tobacco companies are not a food product, and we are defi- his comments about tobacco compa- have directed their ad campaigns and nitely not a drug product you would nies’ efforts to get children addicted. their recruitment at our children. I find in a pharmacy. But we know bet- As the assistant majority leader said, have said it before; it bears repeating. ter. Even though it is an odd way to de- more than 1,000 Americans a day— I have never met a parent who has said liver a chemical—a drug—tobacco de- 400,000 a year—die from tobacco-related to me, I got the greatest news last livers nicotine and a lot of other illnesses. I remember 15 years ago sit- night. My daughter came home and an- chemicals as well. So even though they ting in the House Energy and Com- nounced she had started smoking. were successful in Congress for decades merce Health Subcommittee listening I have never heard that. I don’t think exempting themselves from coverage to tobacco executives talk to us about I ever will. Most parents know that is and inspection by the Food and Drug a whole host of things that they a bad decision and one that can be Administration, this bill is going to weren’t exactly truthful about. But fatal. change that. from the point Senator DURBIN makes Cigarette companies claim they have Senator TED KENNEDY is recovering that 400,000 Americans die a year from finally stopped intentionally mar- from cancer, a brain tumor he has been tobacco-related illnesses, it is clear keting to kids and targeting youth in fighting for many months now, and we that what the tobacco companies know their research and in their promotions, all wish him the very best. He was the they have to do is they have to replen- but they continue to advertise ciga- one who pushed this bill. He is the one ish their customers. They have to find rettes in ways that reach these popu- who believed that the Food and Drug more than 1,000 new customers a day. lations. They continue to make prod- Administration should regulate to- They don’t go to our age group. They ucts that appeal to kids. bacco products. I am sorry he can’t be do not go to 50-year-olds and 60-year- For example, take a look at this one on the floor, because I would like to olds or 40-year-olds or even 30-year- on this chart. This is a product called give him a big shout-out for the years olds; they go to the people the age of Liquid Zoo. The packaging is powerful, he put into this effort. But we are here, the pages sitting in front of us. They and the cigarettes come in fun flavors: and we have a chance to pass this legis- go to teenagers. Those are the people Coconut cigarettes. How about that lation. whom they know they must addict to one? Vanilla cigarettes. Strawberry Here is what the bill does. It pro- replenish their customer base, if you cigarettes. Liquid Zoo offers these. It is hibits the colorful and alluring images will. That is why this legislation is so almost as if you are going into an ice in advertising that these tobacco com- important and why the efforts of the cream store, which most kids like to panies shamelessly use to appeal to

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.041 S03JNPT1 jbell on PROD1PC69 with SENATE S6008 CONGRESSIONAL RECORD — SENATE June 3, 2009 children. This bill also limits ads to rettes where they might be coughing. disclose their ingredients, and they only black-and-white text in news- They are trying to make it a smooth could sell them to kids and they could papers and magazines with significant transition from ordinary breathing to advertise to kids? You mean that actu- young readership, and in stores that breathing with tobacco smoke, so they ally happened? Well, it is happening are accessible to children. It makes it load up the cigarettes with these right now, and unless we pass this bill, harder for them to reach out to these chemicals. it will continue to happen. Unless we kids and to dazzle them with their art- If you go in and buy a box of maca- pass this bill, 1,000 of our children work and all of their images. It bans roni at the store and take a look at the today and every single day will start outdoor advertising near schools and side of the package, you will see the smoking and start an addiction which playgrounds so kids won’t be standing, contents. What is that macaroni made will lead to the deaths of at least one waiting to go into school, looking up at of? It will have 6 or 8 or 10 different out of three. That is the reality. We a billboard suggesting that after things and a nutrition labeling box. If can face our responsibility here, pass school, you better get a pack of ciga- you pick up one of these packs of ciga- this bill on a bipartisan basis and say rettes. It ends incentives to buy ciga- rettes and look for the ingredients, to America, it took a long time, but rettes by prohibiting free giveaways what is included in that cigarette, you this Congress of the United States of with the purchase of tobacco products, won’t find it. Why the exception? Be- America has finally put the public and it finally puts a stop to tobacco cause the tobacco lobby made sure health of the people we represent ahead sponsorship of sports and entertain- there was an exception. They don’t of the tobacco lobby. ment events. want you to know what is in that little Mr. President, I yield the floor and I wish to tell my colleagues that paper cylinder of tobacco. Now that is suggest the absence of a quorum. most of us know the warnings that going to change. This bill before us is The ACTING PRESIDENT pro tem- have been on cigarette packages for going to give the Food and Drug Ad- pore. The clerk will call the roll. more than 40 years have outlived their ministration the authority to require The legislative clerk proceeded to usefulness. Does anybody notice them disclosure of ingredients so that con- call the roll. anymore? They put them on the sides sumers know what they are getting Mr. BOND. Mr. President, I ask unan- of packages. They are really routine. into, and, of course, in the process, give imous consent that the order for the Folks don’t pay attention. us information we need to find out quorum call be rescinded. Well, we are going to change that. We what kind of dangerous, toxic chemi- The PRESIDING OFFICER (Mr. are going to have much more effective cals are being added to cigarettes. MERKLEY). Without objection, it is so warning labels on these products. This Those listening may say, Well, this ordered. bill requires large, clearly visible warn- Senator is getting carried away calling Mr. BOND. Mr. President, I ask unan- ing labels at least covering half of the them toxic chemicals. In fact, they are. imous consent that I may be permitted front and half of the back of the pack- They are toxic, and they are carcino- to proceed as in morning business for age of cigarettes. These labels will genic, they are dangerous, and they up to 12 minutes. have large text and graphics displaying make that smoking experience even The PRESIDING OFFICER. Without the dangers of smoking. Some people more hazardous for the people who are objection, it is so ordered. say, Why waste your time warning peo- involved in it. Don’t we owe that warn- NORTH KOREA ple? They know it already. Maybe they ing to consumers across America? Mr. BOND. Mr. President, East Asia do. Maybe they need to be reminded. Don’t we owe it to our kids? Shouldn’t is a very interesting and challenging But we have an obligation as a govern- we try to protect the American people area. There are tremendous opportuni- ment, as a people, to do everything we from the dangers that are associated ties. We have great friends there. The can to discourage this deadly addic- with the No. 1 preventable cause of potential for trade and better relations tion. death in America today, tobacco-re- continues to grow in many ways, and We are also going to require much lated illness? there are many good things that are larger warning labels in print ads for This bill has been a long time com- happening that we need to pursue in products. Some of these pictures I have ing. Some of us have been battling this that part of the world, but they are shown my colleagues, you almost need tobacco industry for two decades, and also coupled with some immense chal- a magnifying glass to find the Surgeon more. Now we have a chance to do lenges. There are some real problems General’s warning, which sadly has something. We had a press conference there. Unfortunately, we were re- gone ignored too often. We are going to earlier with Senator CHRIS DODD of minded of one of those key challenges improve that by requiring that warn- Connecticut, and he has kind of picked most recently; that is, North Korea. ing messages take up at least 20 per- up this standard and is carrying it for One of the world’s most secretive so- cent of any advertisement they have in Senator KENNEDY, who is the inspira- cieties, North Korea has increased its a magazine or on a billboard. tion for most of us when it comes to isolation from the rest of the world by Study after study shows that adver- this issue. Senator DODD just com- continuing to pursue its nuclear ambi- tising can influence young buyers. We pleted the Credit Card Reform Act a tions, along with its missile capability certainly want to influence them to couple of weeks ago, a measure we have potentially to deliver those weapons. make a healthy decision when it comes been trying to bring to the Senate floor As one of the countries still under to tobacco. This bill makes critical for 25 years. He successfully guided it Communist rule, Supreme Leader Kim changes to limit kids’ exposure to to- through. Here he is back 2 weeks later Jong-il heads a rigid, state-controlled bacco ads, and we know that is going with an issue that has been waiting in system where no dissent is tolerated. to prevent kids from trying cigarettes the wings for at least 10 or 20 years. I Its destroyed economy has suffered and getting addicted. salute Senator DODD for his extraor- from natural disasters, poor planning, One of the things we do in this bill as dinary leadership on these two historic and a failure to keep up with its bur- well is finally tell those who buy to- issues. geoning neighbors—China and South bacco products what they are buying. Senator LAUTENBERG, my colleague Korea. If you believe a cigarette is just to- when it came to banning smoking on North Korea, officially named the bacco leaves ground up and put into a airplanes, was at the press conference. ‘‘Democratic People’s Republic of paper cylinder, you have missed the Senator JACK REED of Rhode Island, Korea’’—and that in itself is an point. Those cigarettes are loaded with who has always been stalwart when it oxymoron—maintains one of the chemicals, not just the obvious natu- comes to this issue, was there. I said at world’s largest armies, but the stand- rally occurring nicotine but added nic- the press conference: I wonder if 20 ards of training, the discipline, and the otine to increase the addiction of years from now, a child or grandchild equipment are reported to be very smokers, as well as other chemicals of one of these Senators will come up poor. which they think will make the taste and say Granddad, explain to me. You The Korean war ended with the armi- of tobacco more appealing and will in mean you actually sold these ciga- stice of 1953. But when one visits the some ways help the new smoker get rettes with warning labels people demilitarized zone, as I did in March of through that first two or three ciga- couldn’t read and they didn’t have to 2006, the tension of the zone feels as if

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6009 the war has done anything but end. The gether with China and our critical al- budget reduced funding for more north has recently fueled the tension lies in Japan and South Korea to ground-based interceptors in Alaska by launching six short-range missiles, defuse this situation. and California. It scaled back funding renouncing the 1953 armistice, and South Korea’s President Lee Myung- for the airborne laser interceptor and threatening continued attacks on bak, unlike his predecessor, has em- canceled further research and develop- South Korea. braced the United States instead of ment for multiple kill vehicles—all of After 15 years of negotiations, bilat- North Korea. He has embraced working this at a time when North Korea is in- eral and multilateral talks, and a state constructively within the six-party creasing its sabre-rattling and Iran is of affairs worse than when we started, framework and with the United States, showing no signs of reducing its pro- it is time for tougher action, barring and we certainly ought not to be get- gram and continues to issue threats to all-out war. We hear people say: We ting into bilateral negotiations. The Israel and its neighbors in the Middle want to talk with them, we want to ne- six-party talks at the minimum are ab- East. gotiate with them, we need to pass a solutely essential. When I visited Israel in December, I resolution. The bottom line, as we say South Korea is one of our most im- went over to talk about intelligence. in the old country music song: We need portant security partners in the region. They only wanted to talk about one a little less talk and a lot more action. I was proud last year to support the thing. They needed missile defense— Talk has not gotten the job done. We United States-Korea Defense Coopera- short-range, medium-range, long- need action. tion Enhancement Act to strengthen range—because they are looking at A key to the successful resolution of this important alliance. We must take weapons coming in, missiles coming this difficult situation is our good the next step and approve the United into them: short range, potentially ul- friend China. China provides as much States-Korea Free Trade Agreement to timately long range. To protect our al- as 90 percent of the north’s energy, 40 further strengthen our economic and lies and Israel, we are working with percent of its food. Like Russia, it has strategic partnership. It is in our inter- them on the Arrow and certain other used its Security Council veto, regret- est, their interest, and the interest of programs that I am proud to support tably, against attempts to isolate peace and prosperity in the region. that give them that defense, but they Pyongyang. Without its support, its Japan is steadily increasing the role are in a position where they are subject poor neighbor would struggle to sur- it is playing in international security to attack, not only from long-range vive. And it appears that the North Ko- affairs. We must continue to support and medium-range missiles but very reans may be exhausting Beijing’s pa- these initiatives. Japan and the United short-range missiles, and we have to tience. Recent nuclear tests, last States work very closely together on provide them that kind of capability. month’s rocket launch, increasing the AEGIS missile defense system, and I hope my colleagues will reconsider threats, and the suspected restarting of robust support for ballistic missile de- the proposed cuts to ballistic missile the Yongbyon nuclear plant have re- fense is now more important than ever. defense. It is a threat that is here, it is ignited debate about how best to deal We have seen that these countries now, it is threatening our allies and, with this very troublesome neighbor. have the ability to shoot off missiles. yes, possibly, even the United States. As far as North Korea goes, in addi- Beijing was swift to slap down the re- We used to think we have mutually as- tion, I have recently agreed to cospon- cent nuclear test. I hope that was the sured destruction. We feared the only sor Senator BROWNBACK’s North Korea final straw for China. place that would be sending missiles at We need China to play a constructive us might be the former Soviet Union. Sanctions Act. The legislation would require the Secretary of State to relist leadership role and support the Secu- That ain’t so. North Korea has shown North Korea as a state sponsor of ter- rity Council resolution in toughening its ability, and others are working on rorism. This requirement could be existing sanctions and implementing it. them. When you look at the sanctions But we have made progress. Accord- waived by Presidential certification as provided for in the bill. But we were that have been applied to Iran, sanc- ing to the head of the Missile Defense able to hurt North Korea significantly tions should be applied to North Korea Agency, LTG Patrick O’Reilly, the when we imposed sanctions on the that are at least as tough if not tough- United States has fine-tuned its ability bank, the Bank of Asia, which was han- er than those on Iran. After all, it is to shoot down long-range missiles dling their transfer of funds. But in a North Korea that has actually tested launched by North Korea, based on a very unfortunate, misguided effort to and detonated a nuclear weapon and trio of tests mimicking such an attack. try to win the friendship of North fired missiles over Japan and through- At a recent conference at the National Korea, we took off those sanctions last out the region. And the North Koreans’ Defense University, he went on to say: year. That was a mistake. continued sabre-rattling could lead to We have made adjustments to give our- This is a challenging area. It is one proliferation in the region and alter selves even higher confidence, even though in which I hope others will pay great balances of power. Our friends there we intercepted three out of three times in that scenario. attention, and I look forward, when the may not be willing to see a nuclear budgets come before us, to talking General O’Reilly, in response to a North Korea unchecked and unbridled, about the need for ballistic missile de- question, said the U.S. ability to hit a posing threats to them. We do not need fense. We are seeing that threat. It is specific spot on a target missile had to put our allies and friends in a posi- being visited on a daily basis on our al- improved ‘‘dramatically’’ during the tion where they believe they must have lies in Israel. It is no time to back tests. ‘‘So, do I think it is likely that a nuclear counterweight. away from the tremendous technology you’re going to intercept if somebody After 15 years of happy-talk and dis- we have that could protect us, our al- launches out there?’’ He said, ‘‘Yes, I couraging attempts during the last lies, and our interests around the do. And the basis is those three tests months of the Bush administration to world. turn the six-party talks into two-party and what we know about the threat. I yield the floor and suggest the ab- talks, the time for tougher action is . . .’’ sence of a quorum. way overdue. My personal opinion was I can tell you that President Obama The PRESIDING OFFICER (Mr. the two-party negotiations last fall was fully engaged, working with our BURRIS). The clerk will call the roll. were a tragic mistake. Obviously, they National Security Council, to be able The assistant legislative clerk pro- did not stop what has happened since. to use the resources we have at our dis- ceeded to call the roll. North Korea poses security and hu- posal should a North Korean missile Mr. BURR. Mr. President, I ask unan- manitarian challenges to the world and launch have threatened the United imous consent that the order for the particularly to China’s core interests. States or other of our close allies or quorum call be rescinded. China’s ability to contain North Korea our interests. I congratulate him on The PRESIDING OFFICER. Without is critical in demonstrating it will pro- that. I applaud him for having that in objection, it is so ordered. vide leadership on the world stage, but place and being willing to use what was Mr. BURR. Mr. President, while the it is certainly not fair to ask China to necessary. But unfortunately—and I Senate is in consideration of a bill to handle it all. This is the world’s prob- don’t understand why, with the threats regulate tobacco, I think it is ex- lem, and I believe we can work to- we have—President Obama’s defense tremely important that Members of

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.046 S03JNPT1 jbell on PROD1PC69 with SENATE S6010 CONGRESSIONAL RECORD — SENATE June 3, 2009 the body understand that tobacco is ably before I was born. The risk is only pharmaceutical products that allow not an unregulated industry today. Let reduced by 10 percent. It meant it was people to actually either reduce or quit me preface this by saying that I am not 10 percent less likely to have a risk in- the habit of tobacco usage. proposing that we do not do something volved in it. But still, clearly, 90 per- When we look at the goal of a to- additionally in the Senate. I think we cent of users having the risk is pretty bacco bill—and the authors have said can regulate more effectively. But unacceptable. the goal is to reduce disease, death, what I have put up—I know it is hard Then we go to a category that never and youth usage—I ask the Presiding for the Presiding Officer to see—is the hit the market, except for experi- Officer, if you reduce from 100 percent current regulatory structure of the to- mentally through market testing. That the risk to 10 percent for U.S. smoke- bacco industry in America. It shows was tobacco-heated cigarettes, a prod- less or 2 percent for Swedish smoke- every Federal agency that currently uct that didn’t actually burn tobacco, less, does that embrace the spirit or in- has a regulatory jurisdiction over to- but it had a ceramic disk in the front tent of what the author of the bill is bacco: Department of Transportation, that glowed and got hot. As that hot trying to do? I say yes. But what I have Department of Treasury, Department air was pulled through the tobacco, the to share with my colleagues is this cat- of Commerce, Department of Justice, nicotine was extracted and delivered, egory that is at 2 percent, under the the Executive Office of the President, but the product never burned. It never current bill being considered, would be Department of Health and Human created secondhand smoke. In fact, it banned. Why? Because of an arbitrary Services, Department of Education, De- never had any smoke that actually was date that they have chosen to say if partment of Labor, General Services emitted afterward. Whatever was emit- the product wasn’t sold in the United Administration—the GSA—the Depart- ted was a vapor, and it dissipated. States before February of 2002, then ment of Veterans Affairs, Federal Then we have a new category called this product is not allowed to stay on Trade Commission, Department of Ag- electronic cigarettes, a fascinating the marketplace. riculture, the Environmental Protec- product, rather expensive. It actually runs off a battery. It extracts the nico- My point is, if the authors say the tion Agency, the U.S. Postal Service, objective of the legislation is to reduce and the Department of Defense. These tine and delivers it into the system in a totally different way than the to- the risk, as you reduce the risk, you re- are all Federal agencies that currently, duce the likelihood of disease, the se- today, regulate the product of tobacco. bacco-heated cigarette. But, clearly, we see that in two new iterations, we verity of death, isn’t this the category For any person to come to the floor of we would like more smokers to move the Senate and claim that there is not have gone from 100 percent risk to 90 percent risk to 45 percent risk and now, to? I think the answer is obviously yes. sufficient regulation of this industry We would like to move people away. right now is ludicrous. As a matter of with this new electronic cigarette, to a risk of less than 20 percent. One would We would like to reduce the health fact, this is the most regulated product cost. We would like to reduce death. If sold in the United States of America say, moving from here to here from the standpoint of risk is an advantageous we can do that by bringing this new currently. age of products to the marketplace, The proposal Senator KENNEDY has opportunity for people who use nonfil- this is beneficial to everybody. It introduced is a proposal that con- tered cigarettes. If we could get them makes a lot of sense. centrates all the regulation of tobacco over here, we have reduced the risk of in the Food and Drug Administration, death, and we have reduced the risk of That is not what the legislation does. an agency that was created for the sole disease. I have spent this day coming to the purpose, by its mission statement, of Let me move out to the next cat- floor trying to emphasize with my col- approving the safety and efficacy of egory, which is smokeless tobacco, U.S. leagues that what the legislation does drugs, biologics, medical devices, cos- smokeless tobacco. I need to draw the is grandfathers two categories, nonfil- metics, products that emit radiation, distinction because globally there are tered cigarettes and filtered cigarettes. and responsibility for food safety. new types of smokeless tobacco. But It says these are the only products that We are going to shift from all these U.S. smokeless tobacco all of a sudden will be allowed to stay on the market. Federal agencies and all the flowcharts reduces the risk to 10 percent. We have It means the 20 percent of Americans underneath them of different aspects of gone from 100 percent to 10 percent. We who currently have chosen to smoke, regulation currently for the tobacco in- have reduced by 90 percent the risk hopefully adults, are not locked into dustry, and we will concentrate this in presented by the use of tobacco prod- these categories from the standpoint of the Food and Drug Administration. It ucts. Now we move to the next cat- choice. Yet in Sweden, they created probably makes a lot of sense from the egory, which is probably hard to see. I this new product, and they have had a standpoint of consolidation, but what I would equate this to about 2 or 3 per- massive movement of people from want my colleagues to understand is cent risk. This is Swedish smokeless these two categories to this category. that this truly today is the most regu- snus, a pasteurized product. It is actu- This is not something I have made up. lated product sold in America, when we ally spitless. It can be swallowed be- The data is there to show. look at the expanse of the regulatory cause of the pasteurization. But, again, The authors of the bill would suggest framework that exists today. products that deliver the nicotine need we allow this product to be created, The authors of the bill have sug- to allow somebody to go from a nonfil- but there are three thresholds they gested we have to allow the FDA to tered product all the way over here to have to meet. The three thresholds have jurisdiction because there should a U.S. smokeless or to a Swedish they have set are absurd. Let me focus be two objectives. One is to reduce smokeless. We have now gone from 100 on the third threshold. They suggest death and disease, and the other is to percent risk to 2 or 3 percent risk. that the manufacturer would have to reduce youth usage of tobacco prod- Now a new category, not even on the prove this product wouldn’t be used by ucts. These are two goals I embrace market, a category already targeted as a nontobacco user. For you to accumu- wholeheartedly. a product that should not be: dissolv- late data to know whether a non- Let me share this chart. It starts able tobacco, a product that dissolves tobacco user would be interested in with a product I consider to be the in the mouth. That delivers what this using this product, you would have to base: 100 percent of these products pre- person needs over here from the stand- go out and present the product to them sents a health risk. What is the prod- point of being addicted to nicotine but and explain it before they could com- uct? Nonfiltered cigarettes. I know the puts the category of risk somewhere ment on whether they would be in- President of the Senate probably re- down in the 1 percent category. As in- clined to want to try it. But the bill members when all his friends smoked novation has taken place, we have al- forbids any communication about a nonfiltered cigarettes. The truth is, we lowed the opportunity for people to product that hasn’t been approved. So I probably still have some friends who do come off products that had 100 percent ask, how do we get a product approved it today. The continuum of risk goes risk down to products that reduce the if the threshold is to tell them what down in the next category, filtered risk by 99 percent. Then we have thera- the likelihood is of people who haven’t cigarettes. The industry introduced fil- peutics, such as gum and patches and used tobacco products using it, if you tered cigarettes at some point, prob- lozenges, that have minimal risk and can’t talk to people who haven’t used

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.047 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6011 tobacco products about using the prod- fore they vote on this bill is to read it. the HELP Committee considered and uct because the product hasn’t been ap- I don’t think that is too much to ask. they rejected it 12 to 8, 13 to 8—I can- proved? If they read the bill, they will never not remember exactly what it was. Let In Washington we call this a quite vote for it. If they read the bill, they me put Members on notice before they crafty way of making a claim but re- will understand that, one, this makes a come down here and make claims on it, versing in the bill the ability to use it. lot of sense. But, two, remember, when it is not the same bill. It is not the In essence, the bill that is under con- I went over the current regulatory same substitute. I am sure staff now is sideration creates these two categories structure, I didn’t mention the Food going to scramble to figure out what is indefinitely and says: It is OK if we and Drug Administration. I did men- in this new bill. have 20 percent of the American people tion the Department of Health and We listened to criticism. Where we who choose to use those products. Human Services. As we go down this thought we could better the bill, we did Hopefully, over time, more adults flowchart of things under the HHS, that. The fact is, there are still going won’t choose to use them. We are will- there is no FDA. We are choosing an to be Members who come and make ing to accept that 20 percent are using agency of the Federal Government that claims tonight, tomorrow—before this them, and they are going to die or have has never regulated tobacco. How can is all settled—that are not accurate. I severe disease. that possibly make sense? Maybe if you put them on notice now: I will come to If that is the case, then how can you claimed you were going to put it at the the floor and expose exactly what you come out and claim that this is a pub- Centers for Disease Control, they actu- say. lic health bill, that we are going to ally have some responsibility within This is not a debate where we are pass this bill because of the respon- the framework currently of regulating going to use the charts we had 10 years sibilities we have to public health? tobacco. But not the FDA. We may ago and say they are relevant today. Since 1998, smoking rates in America have taken the only piece of the Fed- This is not a debate where we are going have dropped from approximately 23.5 eral Government that doesn’t cur- to have information that was produced percent to 19.5 percent. The Centers for rently have any jurisdictional respon- in 1990 for an issue we are discussing Disease Control and Prevention, the sibilities to regulate tobacco, and we and debating in 2009. It is not right to agency that many come to the floor are giving them 100 percent of the re- do that to the American people. and quote with great frequency because quirement to regulate tobacco. In concluding—because I see my col- of their expertise, says if the Senate The truth is, we don’t need the FDA league is here wanting to speak—I does nothing, if we don’t pass a piece of to do it. We can do it by creating a new pointed out earlier that in 1998 the in- legislation, by 2016, the rate of smokers entity under the Secretary of HHS, the dustry made a massive payment to the in America will drop to 15.7 percent. same person who is over the FDA 50 States of this country. It was called But if we look at the Congressional today, and we would suggest doing that the Master Settlement Agreement, Budget Office that has had an oppor- by creating a new center. That new MSA. Mr. President, $280 billion that tunity to see the Kennedy bill, they es- center would be responsible to regulate the industry, over a fixed period of timate the Kennedy bill will reduce in total tobacco products throughout time, was paying out to States. It was smoking 2 percent over the next 10 the industry. for two purposes: No. 1, to subsidize years. Meaning in 2019, the rate will It is a Harm Reduction Center. Think health care costs—the Medicaid costs fall from 19.5 percent to 17.5 percent. about that: Harm Reduction Center. in States—that might have been from You get where I am going? By giving Let me go back to this chart: The con- the direct cause of tobacco usage; and, the FDA regulatory authority, we are tinuum of risk. If the objective is to re- No. 2, so States would have the re- going to increase by over 2.5 percent duce death and disease, then you have sources they needed to create cessation the number of smokers in the country to drive the risk down. To drive the programs so people would move from than if we did nothing. That doesn’t risk down, you have to bring less harm- this category, as shown on the chart, make much sense, does it? ful products to the marketplace. So to this category or quit tobacco use all Let me explain. When we lock in you have two choices. You have a bill together. these two categories and we eliminate that will do that through creating a I came to the floor yesterday—and I the ability for somebody who is a Harm Reduction Center that regulates will say for the purposes of the Pre- smoker to find one of these products to with all the authority the FDA has or siding Officer in the Senate, who is move to, we have now locked in the you can choose the Kennedy bill, which from Illinois—CDC made recommenda- category of smokers. When we explain basically isolates these two categories tions to every State to do this every it to somebody, it makes tremendous of 100 percent risk and 90 percent risk; year: How much of the money they got sense. The question is, Why would we and you put that into statute that the that year should be used for cessation do this? I expect Sweden to be up here FDA cannot touch products that are programs. arguing that this is the right strategy. over here, as shown on the chart, but, Well, in Illinois, Illinois devoted 6.1 Yet Sweden is the one that is the most more importantly, you structure it in a percent of what the CDC recommended progressive. Why? Because they are way that the FDA could never approve for cessation programs to cessation truly focused on the health of Swedes. any new products that are less harm- programs—6.1 percent. Mr. President, The fact that we claim that we are ful. 19.9 percent of the youth in Illinois doing this because of death and disease The Harm Reduction Center actually have a prevalence to smoking—way too isn’t true. We are doing this because 10 has two responsibilities. One, it is to high. In Illinois, though, 43.7 percent years ago somebody wanted to do regulate the entire tobacco industry have a prevalence to alcohol use. In Il- something punitive to an industry. As and, two, to facilitate smokers moving linois, 20.3 percent have a prevalence of a matter of fact, the date that is set in over to lower risk options because we marijuana use. I am not picking on the the Kennedy bill is February 2007, want to reduce the harm that poten- Presiding Officer of the Senate, and I meaning if the product wasn’t sold be- tially can be caused. am certainly not picking on Illinois. I fore 2007, it is banned from the market- I am going to speak later tonight, as will have used all 50 States before this place. Why did they use February 2007? I offer this substitute, which I hope is over with. Because they wouldn’t even change the every Member will take the oppor- As I said, one of the shocking things bill they passed out of committee in tunity to read on behalf of Senator to me, as I explored this chart, was 2007 to reflect 2009, which is the current HAGAN and myself. I am sure we will that I found that, I believe it was, 48 date. There was so little attention paid both speak tonight and throughout the out of the 50 States have higher youth to this piece of legislation that they day tomorrow as we get ready to have prevalence in marijuana use than of didn’t even go through to purge the a vote. It is my hope Members will smoking. date and change it. They printed the take the opportunity to review the sub- Well, some are going to claim the same page of the bill they had last stitute. reason you have to give FDA jurisdic- time. Let me put Members on notice right tion over this is because the age limi- I have said several times throughout, now, some will come to the floor and tation of 18 is not working, that youth the only thing I ask Members to do be- claim: Well, this is a substitute that are getting products. Well, you know

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.048 S03JNPT1 jbell on PROD1PC69 with SENATE S6012 CONGRESSIONAL RECORD — SENATE June 3, 2009 what. There is no age where it is legal that for a selfish reason—purely self- What else can they do? You cannot to buy marijuana, especially for youth. ish. I spent 21⁄2 years, 15 years ago, go out in the world and find people Yet in 48 out of 50 States, the preva- when I got to the U.S. House of Rep- automatically at the FDA who have lence of marijuana usage is higher than resentatives, where I was tasked by the ever regulated tobacco. So they are the prevalence of smoking. chairman of the Energy and Commerce going to take their most senior folks. Do not believe for a minute you are Committee to write a bill that modern- What does that mean? The likelihood going to construct a regulatory regi- ized the Food and Drug Administra- is, we are going to wait longer for that men here that is going to take a prod- tion. It took 21⁄2 years to do. It was lifesaving drug. We are not going to re- uct that is legal to people over 18 and signed into law in 1998. duce health care costs because chronic it is going to allow a framework where We opened the entirety of the Food disease is not going to have new thera- people under 18 are not going to get it, and Drug Administration and re- pies because the applications will not when a higher percentage of them can vamped all the ways it worked to make be acted on. Heaven forbid we do this get a product that is illegal for every- sure we could reach new efficiencies in and all of a sudden somebody dies as a body in America. the approval of lifesaving drugs, bio- result of an FDA reviewer who looked I might also say to the Presiding Of- logics, which were new, devices. We at it and said: Well, you know, I know ficer, his State is not the lowest from spent a meticulous amount of time our core mission is to prove the safety the standpoint of the percentage they going through this with one goal in and efficacy of all the products we reg- chose of the CDC recommendation to mind: Do not lower the gold standard ulate—with the exception of tobacco devote to cessation programs. As a the American people have come to ex- because you cannot prove it is safe and matter of fact, one State had a com- pect through the FDA; do not lower the effective—so if I am going to turn my mitment of 3.7 percent. standard an applicant has to reach so head on tobacco, maybe I will turn my Now, $280 billion—paid for by the to- we can assure the safety and efficacy of head on this medical device because it bacco industry to cover health care the products we regulate. does not look too bad, and all of a sud- costs and cessation programs—I would Well, I thought that was important, den somebody dies from it. suggest to you, if the States had all and in 1998 it became law. And you This is a huge mistake for the Senate spent 100 percent of what the CDC told know what. When we had the entirety to do. I urge my colleagues: Read the them they needed to spend, we would of the FDA bill open to every Member bill. You will not vote for it. Read the not be here talking about the regula- of the House and the Senate, no Mem- substitute, it will supply the sufficient tion of the tobacco industry because ber of Congress offered an amendment amount of regulation to an industry cessation programs would have worked to give the FDA authority over tobacco that can be better regulated, should be and the rate of 19.6 percent today of because they knew, at the time, the in- better regulated—more importantly, a smokers would have reduced dras- tegrity of the FDA was more important substitute that goes much further from tically. than who controlled it from a regu- the standpoint of reducing youth usage I would remind you that the CDC latory standpoint. They did not want of tobacco, which gets at the heart of says, if we do nothing, by 2016, we re- to jeopardize the integrity of what the death and disease. duce the rate to 15.7 percent of the FDA core mission was. In fact, the substitute is the only bill American people. But when CBO looked But here now, 11 years later—I might that accomplishes what the authors of at the Kennedy bill, they said, in 10 also say, the Supreme Court ruled in a the current base bill suggest is the rea- years, in 2019, the Kennedy bill would court case that the FDA did not have son we are debating this issue. This reduce smoking to 17.5 percent. If we jurisdiction over tobacco. The reason chart I have in the Chamber proves it. do nothing, we get to 15.7 percent. If we they chose was, in 1998, the Congress It does it in the most visual of ways. If pass this bill, we get to 17.5 percent. If opened the FDA Act and did not give we do not allow these products to the objective is to have less smokers, FDA authority. Therefore, it was not come, you have now locked it into this. the answer is: Do nothing. the intent of Congress for FDA to have That is not what the authors suggest is But tonight, sometime around 6 authority. the objective. o’clock, Senator HAGAN and I will come So those who claim this is part of the I urge my colleagues, tonight, when to the floor not to suggest to our col- FDA—should have been, always would given the opportunity, listen intently, leagues that we do nothing but to sug- be—it is not the case. Because Mem- read the bills. Tomorrow, when you are gest to our colleagues we do the right bers of Congress had the opportunity given an opportunity to vote, vote for thing, that we find the appropriate and did not do it. Why? Because of the the substitute. Do not support the base place to put regulation, that we give it integrity of the Food and Drug Admin- bill. the same teeth the FDA has, that we istration. Why in the world would we Mr. President, I yield the floor. give them the ability not just to have have changed, in 11 years, to where we The PRESIDING OFFICER. The Sen- black-and-white print advertising— would risk the gold standard of drug ator from Alabama. such as the Kennedy bill does—I sug- approval, of biologic approval, of med- Mr. SESSIONS. Mr. President, I wish gest in my substitute we eliminate ical devices approval? Why would we to express my appreciation to Senator print advertising, we do away with it risk at a time where, every year for the BURR for his hard work on this issue. in total. past 3 years, we have had an issue on He is one of our most able Members. I We do not worry about whether food safety—we have had salmonella in think the fundamental premise of the Vogue magazine, which is typically peanut butter; we have had tainted study that showed his bill will reduce bought by an adult woman, might be spinach; we have had imported prod- smoking more than the bill on the looked at by a teenage girl. If we just ucts that have killed Americans; and floor, the Kennedy bill, is something eliminate print advertising, we do not the FDA is the agency responsible for that should give us pause. I know they have that problem. The Kennedy Bill the regulation of food safety—why have worked very hard on it. He has limits it to black and white. We ban it would we dump on an agency today worked very hard on it, and I hope my in total. that is struggling to meet their core colleagues will avail themselves of his If Members will take the opportunity mission of food safety a new product suggestion to read it—both bills—and to read both bills—to read the sub- such as tobacco? make a judgment on what they think stitute, to read the base bill—they will Why would we take an agency, such is best for the country. find out we are actually more expan- as the FDA, that regulates 25 cents of UNPRECEDENTED BUDGET DEFICITS sive from the standpoint of regulation. every $1 of the U.S. economy, and say: Mr. President, the unprecedented We actually accomplish the task of re- You know what. You have never regu- budget deficits we see today are cre- ducing disease and death. I believe, by lated tobacco before, but we would like ating fears of a surge in bond interest some of the things we do, we actually you to do it now. We would like you to yields and a fall in the U.S. credit rat- reduce the amount of youth usage, take senior reviewers who are approv- ing. I wish to talk about that. I have such as by eliminating print ads. ing lifesaving applications for drugs, talked about it previously. But I would But there is a big difference. I do not and we would like you to move them repeat my fundamental assertion that turn it over to the FDA. I do not do over to the tobacco area. nothing comes from nothing, nothing

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.049 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6013 ever could, as Julie Andrews said. So the idea he has proposed is not When you put too much of a product on Debts must be paid, and they will be farfetched. In fact, the Standard & the market, things happen, and people paid one way or the other. Either Poor’s—S&P—a few weeks ago lowered start demanding better returns. Two somebody is going to lose—either you its outlook on Great Britain’s debt. weeks ago, Barron’s reported as big are going to print money and inflate They put it on a negative outlook. news that the U.S. Department of the money or you are going to pay While the United Kingdom is keeping Treasury bond yields could top 4 per- back the debt with interest to whom- its AAA rating for now, the Wall Street cent this year. And it seems, since it ever will loan you the money to fund Journal notes that the negative out- already hit 3.7 percent yesterday, that the debt. We are moving into a decade look that S&P has found is a precursor we may get there sooner than Barron’s of the most unprecedented deficits in to a downgrade. They also note that even anticipated. the history of our country. Nothing has Japan’s debt, in fact, has already been So how does all this stack up with ever been seen like it before. It is irre- downgraded to AA2 from AAA. So the what the President estimated when he sponsible. We have not discussed it question is, are we next? submitted his budget earlier this year? enough. It is breathtaking to people Not only is our credit rating in dan- His budget estimated an average yield who examine it. ger, but it is costing more and more to on Treasury bonds at 2.8 percent for The estimated deficit for fiscal year borrow. This is very important. While the entire year. We already hit 3.7, and 2009, the one we are in, ending Sep- it may appear to be a separate prob- Barron’s said we are going to hit 4, so tember 30, is expected to be $1.84 tril- lem, I think it is related to us spending we are ahead of Barron’s schedule al- lion. That is a lot of money. That num- more and borrowing too much. The ready. So the 10-year Treasury bill is ber dwarfs even the $500 billion max- yield on the 10-year Treasury bond, increasing, and hopefully, it won’t imum, inflation-adjusted deficit—near- which rises with the increased govern- surge out of reason. Some are worried ly the same dollars to dollars—during ment debt and expectations of infla- about that. It does look like it may World War II. It was only $500 billion in tion, has surged 54 percent this year, well reach that 4 percent or more this World War II. So this year, the deficit from 2.4 percent to 3.7 percent as of year. That is bad news for American is projected to be 12.9 percent of the yesterday. It was 3.2 percent 2 weeks taxpayers. So we are like the credit cardholder. gross domestic product. In 1 year, the ago. Yesterday it was 3.7 percent. That When interest rates go up, it costs us deficit will be 12.9 percent of the gross is a significant surge. more. When the interest rates on domestic product of the United States So let me say it this way, and to re- Treasury bills go up, we have to pay of America. That is a level not seen peat: We will borrow this year a record more to get people to loan us money so since World War II. amount of money. Not only that, over we can spend it. I guess it is fair to say David Walker, the former Comp- the next 10 years, we will continue to troller General of the United States— we have only ourselves to blame. borrow at unprecedented rates. We are Even if you took the President’s as- that is what we call the Government borrowing because we are spending sumptions, interest on the debt is sup- Accountability Office—has been speak- more than we take in—a lot more than posed to be $170 billion this year. So ing out for a number of years on defi- we take in—and nothing comes from this Nation will pay on the debt we al- cits. He criticized President Bush for nothing. ready have accumulated $170 billion in deficits. He continues now to speak out How do we spend more than we take interest this year. That is a lot of since he has left government. He has in, in taxes? How do we do it? We bor- money. We spend $40 billion on the concluded that the United States of row the money. How do we borrow the Federal highway program. We spend America is in danger of losing our AAA money? We sell Treasury bills. We ask less than $100 billion on Federal aid to credit rating. He points out that the people to take their money out of their education in America. We are already cost of insuring U.S. Government debt bank account and buy U.S. Treasury spending, and will spend this year, $170 has risen so much that it recently cost bills. We have had an unusual situation billion on interest, on debt we have run more to buy protection on U.S. debt with interest rates being low, because up before. That equals $1,435 per house- than debt issued by McDonald’s Cor- people were so afraid if they bought hold. That is a lot of money, $1,435. By poration. That is his statement. In stock or private bonds, that companies 2019, according to the Congressional fact, a Wall Street Journal editorial in may go bankrupt, and they were inter- Budget Office, our own Budget Office’s March noted that the insurance rate ested in buying government bonds, evaluation of what the President’s for U.S. Government bonds rose 700 Treasury bonds, presumably the most budget is going to be, 10 years from percent to 100 basis points between secure bonds in the world. So we have now, the interest on the debt will not March of 2008 and March of 2009. That had a bargain and we have been taking be $170 billion; it will be $800 billion. means in this past month of March, it advantage of it. But all of a sudden That would be $3,433 per household, costs $10,000 to insure $1 million in now we are beginning to see a surge in more than twice the current debt inter- Treasury bonds. Who would think you these interest rates, because people are est payment that each household in would have to get insurance to guar- thinking: Well, if I don’t get a 3-per- America is to incur. Why? Because we antee the payment of U.S. Treasury cent return when I buy a Treasury bill, are spending too much. We are spend- bonds? As of May 28, that insurance and inflation next year is 5 percent, ing money we don’t have. We spent $800 cost had fallen to 45 basis points, but and my money is tied up for 10 years, I billion on a stimulus package. We are that is still more than three times am losing 2 percent a year. I am not spending $700 billion on the TARP Wall what it was in March of 2008, just a gaining money; I am losing money. The Street bailout. Our increase in spend- year ago. Not only that, as of May 28, world looks at it like that. The Chinese ing for the underlying Federal budget the cost of insuring our government’s and people in Saudi Arabia who have this year, the nondefense, the discre- debt is higher than that of France and excess wealth and bought Treasury tionary spending was a 9-percent in- Germany. bills are looking at this too and they crease. That is huge, many times the Mr. Walker goes on to note that the are demanding higher interest rates. rate of inflation, a 9-percent baseline United States has had a AAA credit That is why it is going up. That means increase. Most of my colleagues know rating since 1917. Furthermore, he each year we will pay a larger percent- that if you increase spending, or have states that given the current national age of the tax money we take in to pay an interest rate of 7 percent, your debt and deficit, the United States may interest on the debt than we would money will double in 10 years. So at 9 not deserve the AAA rating we have have if that had not been the case. percent, in less than 10 years, the today. That is a warning. I hope that is I am told that this rampant rise in amount of our spending would double; not so. I hope we don’t see a reduction Treasury rates is the talk of Wall entire government spending in 8 or 9 of our AAA rating, which has a real im- Street. How has it happened? Net debt years would be doubled. That is why we pact in how much we have to pay to sales; that is, the net sales of Treasury are running up debt. But the most borrow money, and we are borrowing a bills and the borrowing the government troubling thing is, it is going to con- lot. But I think this man deserves has done, increased from $332 billion tinue. hearing. This is a serious commentator last year to $1.555 billion this year. We have heard the President say, I on American deficits and debt. That is a lot. That is almost five times. am worried about this. We are going to

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.050 S03JNPT1 jbell on PROD1PC69 with SENATE S6014 CONGRESSIONAL RECORD — SENATE June 3, 2009 have to talk about this in the future. estimate of a deficit from $1.75 trillion Christina Romer, the Chairman of Have you heard that? Oh, yes. This is a to $1.84 trillion. I ask, do we remember President Obama’s Council of Eco- big problem. We are going to have to do that at that same time when the Presi- nomic Advisers, wrote about this in something about it in the future. Well, dent released his budget, he also re- 1992, in a paper titled ‘‘What Ended the the future is becoming now. The budget leased a plan that was going to show Great Depression?’’ in the 1930s. She that he submitted to us didn’t do any- that he was committed to frugality, concluded: thing about it in the future. Let me be and it would supposedly save $17 bil- Nearly all of the observed recovery of the frank with my colleagues. The budget lion? Remember that? Some people had U.S. economy prior to 1942 was due to mone- this year, the deficit this year the to laugh at it, really. It was pretty tary expansion [from gold inflows]. President projected would be $1.76 tril- amazing. There were these numbers She gives almost no credit to the in- lion. That has already been proven to out there, and he announced this fru- creased spending that occurred. be low. They are now estimating $1.84 gality package to save $17 billion. It Another report with Ms. Romer’s trillion in 1 year. And they project it wasn’t clearly understood, in my view, name on it, one that the President’s dropping down to maybe $500 billion in how insignificant that was, because at economic team put out this January— 3 or 4 years, assuming the economy is the same time they were announcing and she is the head of the team—was growing well. But over the 10 years, in saving $17 billion, the reaccounting of titled ‘‘The Job Impact of the Amer- the tenth year of his budget deficit, the the projected deficit for this very fiscal ican Recovery and Reinvestment annual deficit in the tenth year, is over year jumped $90 billion. So it dwarfed Plan.’’ It estimates that the $800 bil- $1 trillion. And over the 10 years, the the $17 billion in spending cuts that lion stimulus package will lower the average deficits from the President’s were announced at that time. So we unemployment rate and create 3.6 mil- own submitted budget would be almost had a $17 billion efficiency project, lion new jobs, and it includes a chart. $1 trillion a year, and the highest def- which remains to be seen whether it The chart, if you look at it today—and icit prior to this we have ever had was will be successful, and the total deficit it has been examined by others, such as $455 billion last year. So this is aver- expectation jumped $90 billion. Greg Mankiw, Chairman of the Council aging almost twice, really twice the The President’s budget proposes to of Economic Advisers—it shows that highest deficit we have ever had. take us to a debt level of 82 percent of their projected unemployment rate, The President has said, correctly, GDP by 2019. In 2019, the amount of without the stimulus package—that that these trends are unsustainable. He debt, in the country at that point rate would hit a certain level. Now recognizes that. He also said, according would amount to 82 percent of our en- that we have had the $800 billion stim- to Bloomberg at a townhall meeting in tire gross domestic product in Amer- ulus package, what does it show? That New Mexico on May 14, that current ica. That is a level not seen since 1946, we are trending, on unemployment, ex- deficit spending is unsustainable. He at the height of World War II. The dif- actly where they projected the unem- warned of skyrocketing interest rates ference between now and then, of ployment rate would be if there were for consumers if the United States con- course, is that that was during a war. no stimulus package at all. tinues to finance government by bor- It was widely known that those ex- Indeed, if you look at the numbers, rowing from other countries. So I agree penditures were temporary, and when very little of it has gotten out of there, with him on that, but it is time to the war was over, they would end; and, and you can see how little was stimula- start doing something. in fact, they did. tive, or job creating, or how much of it China remains the biggest foreign However, today, the President is pro- was spent on things it should not have holder of United States debt in Treas- jecting deficits averaging nearly $1 be spent on. Indeed, this Senate re- uries, and Prime Minister Wen Jiabao trillion as far as the eye can see, with jected and failed to adopt my amend- stated in March that China is worried no projections to show them drop, or be ment that would have said at least the about its investments. reduced. It has been popular to com- employers who hired people with this Not only that, but yields are cur- plain that, well, President Bush had money ought to run the E-Verify sys- rently rising despite an extremely un- deficits—and he did. I criticized him tem to make sure the people they hire usual move by the Federal Reserve to for that, and I think he could have are here legally in America and are en- directly purchase Treasury bonds. So done a better job. His highest deficit titled to work. That wasn’t even part the U.S. Federal Reserve—our banking was $455 billion. This year’s deficit will of it. gurus—have decided they will take be $1.8 trillion, and they will average Unemployment continues to go up. It money and purchase U.S. Treasury $900 billion over the next 10 years. Not was 8.9 percent in May, and a lot of bonds to keep the interest rates from 1 year in the next 10 years, according people think it may hit 10 percent. I going up so fast, because there are not to the President’s own budget, will his hope not, but I think it is likely to enough people out there to buy them deficit be as low as the highest deficit continue above 9 percent, which is all, I suggest. It holds the interest President Bush had, which was $455 bil- higher than what was projected, for rates down somewhat. lion. Even as a percentage of the total sure. The Fed has not done anything like gross domestic product, it is astound- I say all this to point out that some this since the 1960s. It is very unusual. ing. President Bush’s deficits averaged of the brilliant thinkers in our country Even then, it was a much smaller oper- 3.2 percent of GDP. President Obama’s believe we had to do all this; if we had ation. They announced a $300 billion budget, over the next 10 years, will av- not, the country would sink into the purchase plan in March and have made erage 7.3 percent of GDP each year— ocean. We could have this problem and $100 billion in purchases so far. If those twice what President Bush’s averaged. that problem. But the testimony we purchases are not carefully managed, I am worried that we are not getting had in the Budget Committee from the they could lead to inflation down the the kind of bang for our buck that we Congressional Budget Office, whose road; there is no doubt about it. Not hoped to get. We got an $800 billion numbers have held up pretty well so only that, but the Fed could get stuck stimulus package that was supposed to far, and they are basically hired by the with sizable losses if the yield on those go out there and build infrastructure Democratic majority here, but they are Treasury bills continues to rise. and create jobs now. It was money that nonpartisan and do a good job. They According to Barron’s, if rates rise 1 had to be spent in a hurry. The truth projected only a slight difference in un- percentage point, it could lead to a $140 is, though, that most of that money is employment, if you had a stimulus billion loss for the Fed in that deal of not going to be spent until after 2010. It package—only slightly better than if purchasing these bonds. That is $140 takes time to get that money out. The you didn’t have one at all. But, more billion. The Federal highway spending CBO estimated that $162 billion of the importantly, they concluded that over in America is $40 billion. This is a huge $311 billion now appropriated won’t be 10 years, the stimulus package, if we sum of money. spent until 2011, or later—not to men- passed it, would have a net negative ef- Let’s look at the deficit and debt tion that there is no evidence of the fect on the economy. It should help that are driving our interest rates government ever taxing and spending some in the 2 or 3 years from the mon- higher as part of his detailed budget re- its way out of a recession. That is not, eys being pumped out—it has to help leased in May. The President raised his historically speaking, proven to work. some out soon.

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6015 But the crowding out of private bor- reorganization policies of bankruptcy. and firmly established in the position rowing, the interest that will have to The U.S. Government could have put of those who sit on this side of the be paid on the debt over the 10-year pe- some money into GM in an effective aisle. At the moment, that sticking riod, will mean that the economy will way, I think, and had a positive ben- point seems to be irreconcilable. I want be less healthy at the end of 10 years efit. But just to pour the money in, as to talk about it in direct terms so that than if we hadn’t had the bailout pack- we have, in an unprincipled way, is not we understand what it is we are talk- age or stimulus package at all, which good. ing about and those who listen will un- confirms my view that nothing comes I will repeat one more time my con- derstand why those of us who are Re- from nothing. There is no free lunch. cern about the unlawful way, the un- publicans are determined to stand firm Debts have to be repaid. You cannot precedented way, in which this money on this point. create something out of thin air. If you is allocated. This is the point: Shall there be a spend something today and you have The money comes from the TARP, public plan, a government-run option resources today to spend today, and the Wall Street bailout. I opposed it be- in the choices that are available to you took them from tomorrow, they cause I thought the language was too people with respect to health care? are not going to be there tomorrow. broad, but even I didn’t know it was Along with Senator WYDEN of Or- Somebody is going to have a greater this broad. But we were told if we egon, I have cosponsored the Healthy burden to carry—our young people— passed the TARP bill, Secretary Americans Act, which is determined to than if we hadn’t taken their money Paulson and the Treasury Department create as many options as possible, to and spent it today. would buy toxic assets. He was specifi- create a wide range of choices for I have to say that I am not happy cally asked at a House committee Americans to make with respect to about this. I am worried about it. I do meeting whether he would buy stock in their health care. believe deficits matter. People who say banks. He said: No. His goal was to get We recognize we are going to have to deficits don’t matter—and some Repub- the money flowing again in the finan- change the tax laws in order to give licans used to say that—what planet cial markets, and we had to do some- people control over their own health are they from? Of course, deficits mat- thing about the financial markets. care dollars. Right now, health care is ter. You can cover them up, the Fed Senators were eventually convinced, the only part of the economy where the can help, and smart monetary policy and it was rammed through here in the individual receiving the goods or serv- and spending policies may make a dif- very shortest period of time—in a ices does not control the money that ference here and there, but in the long panic, really. A week had not gone by pays for the goods or services. So it is run, it drives you down, and we have to when he had decided to buy stock and obvious that you will not have market forces available in that circumstance. be serious about it. I hope as time goes not buy toxic assets, not to buy toxic If the individual who is receiving the by, we can work together in a bipar- mortgages. As time has gone by, that goods or services controls the money tisan way to try to establish some con- same money is used to buy stock in that pays for the goods or services, he trol over our spending. what was once a private corporation. Just Monday, GM went into bank- I think this is unbelievable. There or she will make a different choice ruptcy. We already have $20 billion in are no hearings on where the money is than if someone else is controlling the Federal Government money going into going. There is no public ability to un- money. But in health care, somebody else makes the choice, and that is why General Motors prior to bankruptcy, derstand what kind of justification the core function of the Healthy Amer- and the White House plans to add an- these banks, GM, or Chrysler had to icans Act, which Senator WYDEN and I other $30 billion. That is a substantial put forward to receive billions of dol- are cosponsoring, says individuals additional investment. This is what the lars from the taxpayers. It was all done should be in control of their own numbers show. First, the White House basically in secret, as far as I can un- money and we should have as many said we are going to be out of GM and derstand. They are telling the company choices as possible so that individuals get our money back in 5 years. That is they have to do this and that and firing can go out in the market. their goal, right? You heard that we the CEO and all of those kinds of There will be competing forces. Com- are going to get the money back. But things that have been occurring. I petition brings prices down. Competi- the Wall Street Journal has calculated don’t think the American people are tion creates new opportunities. Com- this, and they have said for the Federal happy with that. The American people petition fills niche markets. We believe Government to get their money back are very concerned—I believe they are all of that will happen if we have this out of GM, they would have to sell rightly concerned—because we are degree of choice. their stock, and GM’s market cap, the doing some things that have never been When we have had this conversation total value of their stock, would have done in the history of our Republic. It with officials of the administration, to reach a value of $80 billion. So to get is not healthy. they don’t disagree. As a matter of our money back in 5 years, the market I hope that somehow we can get our fact, many officials of the administra- cap or value of GM stock would have to footing again, get our balance, and re- tion have said to me: We really like total $80 billion. Let me remind you turn to the tried-and-true principles what you are doing with Senator that at its peak, in 2000, the highest that made this country great. WYDEN, and we applaud you, Senator GM ever got as a market cap was $56 I yield the floor. BENNETT, for reaching out in a bipar- billion. Their current market cap is The PRESIDING OFFICER. The Sen- tisan way to try to solve this problem. less than $1 billion—$441 million dol- ator from Utah. But we just have one additional factor lars. It goes beyond rationality to be- HEALTH CARE we would like to add to your bill. We lieve that in 5 years—or maybe ever— Mr. BENNETT. Mr. President, we would like to say that as a backup, as we are going to get our money back have just heard from the President of a final option, we want a government- out of GM. I am worried about that. the United States with respect to an ef- run plan to be there as one of the avail- That is one more example of the kind fort to get a bipartisan health care able choices, just in case none of the of spending we are doing, and the plan. I have been to the White House others work. That is, as I say, the money is being spent in a way that is summit on health care. I have heard sticking point here. not controlled. How does the Secretary the President speak directly to this I have said to members of the admin- of the Treasury decide how much issue. I applaud him in his effort to istration: If we end up with a govern- money to give? And to what corpora- make sure we deal with this problem ment-run plan as one of the options in tion? What about suppliers of GM? intelligently, and I accept at face value my bill, I will vote against my own What about automobile dealers, who his desire that it be done in a bipar- bill. are losing their shirts and going into tisan manner. The government-run option will bankruptcy? Nobody bailed them out. But as we have this discussion about change the playing field, will ulti- Somewhere along the way, it has doing this in a bipartisan manner, it mately drive out all of the other been decided that we need to do this. It all ultimately comes down to one choices because the government is in a should have been done according to the sticking point that seems to be firmly position to subsidize it. The govern- established constitutionally-approved established in the President’s position ment is in a position to make it more

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE S6016 CONGRESSIONAL RECORD — SENATE June 3, 2009 attractive than anything else and only patients who were outside of the want to be in one of these single-payer, thereby gain the blessing of the voters health plan. He looked at it and said: government plans of the kind President because the voters will say: The gov- Yes, you need surgery. Obama wants as an option destroying ernment took care of those greedy I said: All right. When? the other options and choices there companies that would otherwise make He said: Will Wednesday be soon would be if we pass the Healthy Ameri- me pay this, that, or the other. Here, enough? cans Act. the government choice is cheaper; isn’t This was on a Monday. The rate for treating kidney failure— it wonderful that the government is I said: All right. dialysis or transplants—is five times looking out for me? Ultimately, we We went into a private hospital. It higher in the United States for pa- would end up with a government plan, was separated from the national health tients between the ages of 45 and 84 and single payer for the whole country. service. He performed the surgery. I nine times higher for patients 85 years I know there are many of my friends paid him cash, got the thing taken care and older. Again, there is a personal in- on the other side of the aisle who want of, and finished my time in Great Brit- terest here because members of my that, and they are very open about it ain with that particular problem family have kidney disease. I want and very direct about it. They say a solved. them in the United States with the number of things. They say the govern- I would like to think that was only kind of system we have where they do ment plan is cheaper, the government the case back when I was younger, but not have to wait and they do not have plan provides health care for every- I find it is still the case, not only in to worry about government regula- body, the government plan is fairer, Great Britain but in other countries tions. I want them here where it is five and that is what we ought to have. that have this kind of problem. times better than it is in Europe with I wish to spend a little time talking Let me share a few statistics with respect to kidney disease. about the experience of those countries you of what happens with respect to Right now, nearly 1.8 million Britons that have adopted that attitude. If I this single-payer system. are waiting for hospital or outpatient may be personal and give my own ex- One of the things we are told by treatments at any given time—1.8 mil- ample before I get into the statistics, I those who support single payers is that lion waiting in the circumstance that I will tell you about a situation when I the outcomes in these other countries described in my own situation. In 2002 was living in Great Britain and had a are really not any different than they to 2004, dialysis patients waited an av- medical problem. I won’t bore you, Mr. are in America, that we are paying far erage of 16 days for permanent blood President, with the details of the prob- more in America and the outcomes are vessel access in the United States, or 20 lem, simply that I went to a doctor in basically the same. The statistic they days in Europe, and 62 days in Canada. Scotland to see if anything should be usually use in order to prove that We often hear about the benefits of done. The doctor first signed me up be- America is not any better is life ex- being in Canada. I have constituents cause under the British system a doc- pectancy and infant mortality. They who come from Canada, who have tor—this shows how long ago it was, say as a country, our life expectancy is moved to Utah. Every time this comes but the system has not changed—got a not that much better than anybody up, they come to me and say: Senator, shilling a week for every patient he else’s and our infant mortality rate is whatever you do, do not give us the Ca- signed up on his list. So immediately as high or higher than other countries. nadian system. Whatever you do, make he wanted to sign me up so he would Shame on us, we are not getting good sure that America doesn’t go in the di- get that shilling for having me there, health care that we are paying for. rection the Canadians have gone. which would be a decimal of a pound Life expectancy is tied in very many Let me give you some examples to today rather than that old designation. cases to either ethnic or geographic lo- demonstrate why that is good advice. Once he had me signed up, as I say, cations. The life expectancy, for exam- This is one that broke out in the de- he examined me. He said: Yes, you do ple, in Utah, where the behavior is a bate in the Canadian Parliament. A need treatment. And he gave me a little different than it is in some other woman by the name of Emily Morely, piece of paper that would allow me to places, is substantially higher and has in March of 2006, was informed by her go to the Edinburgh Royal Infirmary, little or nothing to do with the health doctor that her cancer had spread and where I was to see a surgeon. So I went care. It has to do with the culture in she needed to see an oncologist, and to the Edinburgh Royal Infirmary and Utah that causes people to behave in a then she was told: You will not be able sat there for most of the day before a healthier lifestyle. to get an appointment for months. doctor could finally see me. Let’s go beyond this broad-brush ap- Well, if my cancer is spreading, I don’t The doctor saw me and checked me proach and look at some specifics. want to wait months for an appoint- out and said: Yes, indeed, you should The largest international study to ment. Her family raised a ruckus, they be scheduled for surgery. date has found that the 5-year survival called the local newspaper, a petition I said: Fine. I have a schedule. Can rate for all types of cancer among both was signed by her neighbors demanding you give me some idea when the sur- men and women is higher in the United she get care, and then, in response to gery will be so I can arrange my affairs States than in Europe. Isn’t that a sta- that, the government got her to a spe- to be available? tistic showing that we are getting a He said: My guess would be 9 months. cialist. Once again, in the government, I said: I am going to be returning to better result in America than in Eu- you respond to the voters. If you are the United States in less than 9 rope? A cancer survival rate is not getting bad publicity in the press, or months, so I guess we can just forget something that is due to the geography the voters don’t like what you are this. of where you are born. If you are born doing: Oh, let’s take her to a specialist. I communicated that to my father, in the inner city, that has something So she got to a specialist and he told who was in the United States, and he to do with infant mortality rates, or if her she had only 3 months to live. said: I don’t think so. Can you get a you live in a healthy environment, Well, she at least had time to put her surgeon who would operate on you that has something to do with life ex- affairs in order. Had she not had the right away? pectancy. Cancer survival rate has to intervention of her family and her So I inquired and I was told: Yes, you do with health care, and the health neighbors, it is quite likely she would can get a private surgeon, but the pri- care in the United States is better than have died before even seeing an vate surgeon cannot take the health it is in Europe and has produced a oncologist for the first time. care system dollars or pounds. He is higher survival rate for both men and But let’s go to another example that outside of it. If he stays in private women. may be even closer to home to the leg- practice, he cannot participate in the In Britain, there are one-fourth as islators. A member of Parliament in national health system at all. many CT scanners per capita as there Canada, Belinda Stronach, strongly I said: OK, that is fine. are in the United States and one-third supports the Canadian health care sys- My father said: I will pay it. Where as many MRIs. If we think the CT tem, and she would object to this kind can you go? scanner and the MRI produce a better of argument that the Canadian health I went to the private surgeon and, result in terms of health care, we want care system isn’t very good. But where yes, he had a practice where he took to be in the United States. We do not did she go when she was diagnosed with

VerDate Nov 24 2008 00:26 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.053 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6017 cancer in 2007? She went to California stand this in time for any artificial The assistant legislative clerk pro- and paid for the treatment out of pock- deadline set for some political agenda. ceeded to call the roll. et. Even a member of Parliament who I understand the sense of urgency that Mr. DODD. Mr. President, I ask unan- supports the Canadian system recog- the Obama administration feels on this imous consent the order for the nized that the government plan didn’t issue, and I share the idea that now is quorum call be rescinded. work for her. And with her own health the time to address it. This is the Con- The PRESIDING OFFICER. Without at risk, she came to America and took gress in which we should pass it. But I objection, it is so ordered. advantage of what we offer here. don’t think setting a deadline to say it The 30 hours postcloture under rule There is the case of the mother in must be done in July, when we are XXII has expired. The question is on Calgary, Alberta who was expecting talking about 18 percent of GDP, is agreeing to the motion to proceed to quadruplets. I am the father of twins, that persuasive. H.R. 1256. and they came as a great surprise. We can examine these alternatives a The motion was agreed to. little more carefully than the present Quadruplets is something I am not sure f we could handle, and certainly they deadline will allow us to do. We can would require very good facilities to say: All right, why is quality the best FAMILY SMOKING PREVENTION deal with a pregnancy that produces cost control, and does our bill create AND TOBACCO CONTROL ACT quadruplets. She is in Albert, Canada, the kinds of incentives and rewards fo- The PRESIDING OFFICER. The Sen- and she is flown to Great Falls, MT, to cused on quality that will produce that ator from Connecticut is recognized. deliver the quadruplets. Great Falls, result, instead of saying: Whatever else Mr. DODD. Mr. President, I ask unan- MT, is not thought of as one of the you do, you have to have a government imous consent the only amendments in great centers of health care excellence option in there. You have to have a order today after the amendment is of- in the United States. Yet the facilities government plan that can compete fered by myself, Senator DODD, the in this small town in Montana were with all the rest of this, and thus set us HELP Committee substitute amend- better than any facility available any- up for the kind of situation where we ment, be the Lieberman amendment re: where in Alberta. would move as a nation to imitate TSP, and the substitute amendment of These are the examples of a govern- Great Britain or Canada or the others Senators BURR AND HAGAN. ment-run plan and because people who that have produced the kinds of exam- The PRESIDING OFFICER. Is there are getting the service don’t control ples I have talked about here. objection? the money the government plan can So I am more than willing and I am Without objection, it is so ordered. anxious to work with President Obama end up focusing on overall cost control ORDER FOR RECESS and his administration, to work with to the detriment of the people who are my friends across the aisle. I have Mr. DODD. Mr. President, I now ask trying to access it. I don’t think ulti- unanimous consent the Senate stand in worked with Senator WYDEN for these mately the American voters, having past 3-plus years to try to fashion an recess from 6 p.m. to 6:30 p.m. My in- gotten used to the access that they intelligent solution. But I repeat what tention would be to address for a few currently have—being used to the idea I said at the beginning: The sticking minutes some comments and then that they do not have to wait—would point in this entire debate is the de- would defer to others who may want to ultimately tolerate a government plan. mand on the part of the Obama admin- speak until we recess at 6 p.m. My consult to President Obama and istration that the final product have The PRESIDING OFFICER. Without to my colleagues here in the Senate is within it a government plan as one of objection, it is so ordered. to slow down a little. We are talking the options. And if that happens, I vote The clerk will report the bill. about restructuring 18 percent of the against my own bill. If that happens, I The assistant legislative clerk read entire economy. We spend 18 percent of do everything I can to say no. Because as follows: our GDP on health care. I agree abso- I am convinced if that happens, we end A bill (H.R. 1256) to protect the public lutely that it is long past time that we up with a situation where there is only health by providing the Food and Drug Ad- addressed this issue; that we ration- one option that survives. ministration with certain authority to regu- alize the challenge; and that we do One of my colleagues has described late tobacco products, to amend title 5, United States Code, to make certain modi- things that make it far more effective. this, I think, quite well. He says: Hav- As I have spent the last 3 or so years fications in the Thrift Savings Plan, the ing a government plan as one of the op- Civil Service Retirement System, and the working with Senator WYDEN to try to tions is a little like taking an elephant understand the problem and fashion Federal Employees’ Retirement System, and into a room full of mice and then say- for other purposes. the Healthy Americans Act in a way ing: All right, this is a roomful of ani- Mr. DODD. Mr. President, I rise to that will solve the problem, I have dis- mals, let’s let them compete. And as covered a great truth that I didn’t real- offer an amendment in the nature of a the elephant walks around the room, substitute to H.R. 1256. ize before, and that is this: The great- pretty soon there aren’t any mice left. est cost control factor in health care is As I understand it from the leader- A government plan is the elephant in ship, while there will be some com- quality. The best health care is the the room. cheapest health care. And it has been ments I will make this evening, briefly, Those of us who want to solve this about the substitute, and others may achieved in those places that have fo- problem intelligently say: Let’s learn cused on quality first and the patient have some comments to make before from the examples of those people who the evening concludes, there will be no first, and it has not involved any gov- have adopted a single-payer system. votes this evening. The leadership has ernment intervention. Let us realize that the American exper- notified us of that, so colleagues ought Dartmouth has done a study and told iment in health care produces better to be aware there will be no votes at all us the three cities in the United States outcomes in all of the areas I have out- this evening. where you get the best health care. lined. And as politicians, let’s realize If I could, I wish to take a few min- They are Seattle, WA; Rochester, MN; that the American voter will never utes to describe the substitute amend- and Salt Lake City, UT. I take some stand for the kind of rationing by delay ment, and I will yield the floor to oth- pride in that fact. And then the Dart- that seems to have crept into every ers who want to talk before the 6 p.m. mouth study goes on to say that if other system. Let’s take our time to do hour arrives and others who may come every American got his or her health it right. There is a bipartisan con- back around 6:30 to make some addi- care in Salt Lake City, UT, it would sensus to get it done. We can work to- not only be the best in the United gether and make that accomplishment, tional comments. States, it would be one-third cheaper if we are not quite so insistent that the AMENDMENT NO. 1247 than the national average. government plan ultimately is the only The PRESIDING OFFICER. The Those are the kinds of examples we way to go. clerk will report the amendment. should be focusing on and learning Mr. President, I yield the floor, and I The assistant legislative clerk read from, and then doing our best to write suggest the absence of a quorum. as follows. legislation that would support that. The PRESIDING OFFICER. The The Senator from Connecticut [Mr. DODD] Slow down. We are not going to under- clerk will call the roll. proposes an amendment numbered 1247.

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE S6018 CONGRESSIONAL RECORD — SENATE June 3, 2009 Mr. DODD. I ask unanimous consent ents as well, including parents who In fact, what we have done with this the reading of the amendment be dis- smoke. As I said earlier, parents who bill ensures that the Food and Drug pensed with. smoke, if all of them could be here in Administration is given adequate re- The PRESIDING OFFICER. Without this Chamber today and have the privi- sources to perform its new tobacco objection, it is so ordered. lege that I have to have a microphone product responsibilities without taking (The amendment is printed in today’s attached to my pocket here to talk any resources from its other important RECORD under ‘‘Text of Amendments.’’) about this, as smokers, would plead activities. We do this by setting up a Mr. DODD. Mr. President, this sub- that their children never ever begin special division within the FDA to do stitute amendment represents the this habit. If they could wish anything, just this job and we allocate specific work of the Committee on Health, Edu- they would wish their children would resources, collected as user fees, to cation, Labor and Pensions, which was avoid this deadly habit. So it is not fund the very efforts we are seeking to reported out of our committee by a just those who do not smoke or those accomplish. So all of the other func- vote of 15 to 8 prior to the Memorial who are offended by it or those who are tions the FDA does are not going to be Day recess. In this substitute we have worried about the health implications. adversely affected because of what we included some very important changes I don’t know of anybody who wants to have written into this bill. The legisla- as a result of good work by my friend see a young child begin the habit of tion does this, as I said, by assessing and colleague from Wyoming, Senator smoking. user fees on the companies and the cost ENZI. I thank him and thank his staff, Yet for almost 10 years we have been of regulating tobacco is paid entirely as well as the majority staff, for their unable to get this bill passed—almost by these user fees. work in reaching agreement on this 10 years of effort, led by our colleague Some have also suggested that we amendment. It was important to my from Massachusetts, Senator KENNEDY, should not act because States have colleague from Wyoming that we im- who has tried over and over to get this squandered the funding provided in the prove the language on civil monetary legislation up and to get it adopted by Master Settlement Agreement on penalties on companies that violate the both Chambers. smoking and tobacco products. Some law, and I agree with those sugges- For the benefit of our colleagues, States have, and we do not defend their tions. Senator ENZI also made clear, they should know this Chamber has actions. But this is not a reason for in- and I agree with him, that we need to adopted legislation, but at the time we action now, when we can protect as make sure that over time, Congress did, the other body didn’t. Candidly, many children as we will with the and the public need to understand how the other body has acted as well, but adoption of this legislation. this bill is being implemented, so we when they did, we did not. So we have Furthermore, while the 1998 Master have enhanced the reporting require- had this kind of circus going on over Settlement Agreement on tobacco be- ments on the Food and Drug Adminis- the last 8 or 10 years, where when the tween the States and the tobacco in- tration and called on the General Ac- Senate acted, the House didn’t; then dustry was a very positive step, it sim- countability Office to make a study of the House acted but the Senate didn’t. ply did not go far enough. In order to the bill’s implementation. We are on the cusp of both Chambers protect the public and to prevent and These are strong provisions and I ap- acting and a President who will sign reduce smoking, especially among chil- preciate very much the diligence of my this bill into law to make a difference dren and kids, tobacco products must colleague from Wyoming, his work, and for the millions of people who have be regulated by the Food and Drug Ad- the work of his staff as well. been adversely affected by this subject ministration. Since the Master Settle- Otherwise, the substitute would still matter. ment Agreement was signed, mar- give the Food and Drug Administration I also want to address some of the keting expenditures by the tobacco in- the authority to regulate the tobacco points our opponents of the bill have dustry have reached record levels. The industry and put in place very tough been saying about the legislation. Let industry spends $13 billion a year—$13 provisions for families that, for far too me be clear. The Food and Drug Ad- billion a year—to market their prod- long, have been absent when it comes ministration is absolutely the right ucts to America’s children. to how cigarettes are marketed to agency for this job. It is the one Fed- This bill would restrict the tobacco America’s children. eral agency with the necessary sci- industry’s ability to market to chil- We cannot afford to wait any longer. entific expertise, regulatory experi- dren. Mr. President, 400,000 people die Every day we delay, as I have said over ence, and public health mission to do every year from tobacco-related ill- and over, another 3,000 to 4,000 children the job. No other agency of government nesses. That is more than die from al- across our country—as they did today is able to do all three of these. cohol abuse, automobile accidents, vio- and will again tomorrow, will again Many others can do good work, but lent crime, illegal drugs, and suicide. every single day—3,000 to 4,000 of our they can’t do all three. They don’t All of them combined do not equal the young people are ensnared by the to- have the scientific expertise, they number of deaths caused by tobacco bacco companies that target them with don’t have the regulatory experience, products and by cigarettes. In order to impunity as they try smoking for the and they don’t have the public health make up those loss numbers, the indus- very first time. Those numbers are in- mission that the Food and Drug Ad- try targets the youngest of our citi- credible; 3,000 to 4,000 every single day ministration does. zens, our children. They do it with a $13 take that first cigarette, begin that The FDA regulates food, drugs, cos- billion appropriation to go out and ac- process. Almost a third to a quarter of metics, even pet food, but they do not tually solicit the children to become them will actually become addicted. regulate tobacco. They can regulate addicted to these products. Roughly a third of that number will what your cat has and what your dog Let me be clear that despite what die, in many cases prematurely, be- has but not what your child starts some have claimed, this bill does not cause of that process that starts today today, the 3,000 to 4,000 who do. We grandfather any existing tobacco prod- with 3,000 to 4,000 children. have been able to get that done so your ucts. In fact, this legislation will fi- A thousand of these children become pets are OK, but your child may not be nally allow the Food and Drug Admin- addicted. Of these addicted, a third, as because of our failure over the years to istration to take action on these prod- I said, will die eventually of smoking- make sure tobacco will be regulated by ucts that have had special protection related diseases. Absent any action by the FDA. Tobacco, we know, is the for decades. For the very first time, the this Congress, more than 6 million chil- most dangerous consumer product sold FDA will have the broad authority to dren alive today will die from smoking, in the United States, or anywhere in require changes in existing tobacco including more than 76,000 people in the world for that matter. Yet it is cur- products and make them less risky or my own State of Connecticut. rently exempted from oversight by the less addictive. The purpose of this historic public agency that regulates virtually every Some opponents have sought to health legislation is very simple. It is other product that Americans con- downplay the significant impact of this to protect America’s children and to sume. bill. The Congressional Budget Office give them the longer, healthier future Some have said this bill will drain has estimated that the bill will reduce they deserve. This is a cry from par- precious resources away from the FDA. adult smoking by 2 percent over 10

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.059 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6019 years. This is true. But what opponents serve peace of mind when it comes to Food and Drug Administration regu- do not tell us is that a 2-percent de- how dangerous tobacco products are lates cat and dog food, what we have cline in adult smoking is about 900,000 marketed. With this legislation, that is just heard. The truth is, the FDA regu- fewer adult smokers. That is not insig- precisely what we will give them. lates every pharmaceutical product, nificant, almost a million people. That I commend my colleagues in this every medical device, every biological 2 percent sounds small, but when you Chamber who over the years have product, lifesaving drugs, chronic dis- translate it into actual numbers, it is voted, when they have had the oppor- ease, treatments, therapies. It is in somewhere in the neighborhood of tunity, to implement this legislation. I charge of food safety, of products that 900,000 to a million people. More impor- thank immensely our colleague from emit radiation. It is the gold standard tantly, opponents leave out the fact Massachusetts, Senator KENNEDY. I of the world from the standpoint of the that, according to the Congressional thank Mike DeWine of Ohio, who is no approval and assurance of safety and Budget Office, this bill would reduce longer with us as a Member. He was efficacy of things Americans take that youth smoking by 11 percent. Such a Senator KENNEDY’s partner on this are prescribed by doctors and filled by decline would save the lives of some issue, as were HENRY WAXMAN and TOM pharmacists. They know when they go 700,000 children from premature smok- DAVIS on the House side. This has had home, they can take it because it is ing-related deaths. bipartisan support. Tonight, our friend safe and effective. Now we are talking For adults to quit smoking is hard. I from Massachusetts is at home recov- about giving that same agency a prod- could be a personal witness to this, ering from his own struggle with ill- uct for which they can’t prove safety having been a smoker. I can tell my ness. But he may be watching at this and efficacy—their core mission state- colleagues how hard it is to quit. Peo- hour. We want him to know how grate- ment for every product they regulate. ple I know try every day and fail. It is ful we are to him for his undying ef- They will have to turn their head on hard. It is a very addictive product. So forts to make this bill a reality. tobacco because it kills. It causes dis- ease. It isn’t safe. This makes no sense. as a former smoker, I know what this I thank MIKE ENZI. MIKE cares deeply What the substitute does is create a is like and how hard it can be for peo- about this issue. He gets passionate tobacco harm reduction center. It lo- ple to break this habit. But 90 percent about a lot of subject matters, but this cates it at the Department of Health of the adults who smoke started as is one where I have seen the most pas- and Human Services, under the Sec- kids. They started as children. If we sion by my colleague from Wyoming. can break that link with children so retary—the same Secretary who over- He can tell his own personal stories of sees the Food and Drug Administra- that they don’t begin this deadly habit, what he has witnessed over the years. then we can start saving lives. And if tion. While he may have some problems with Within that tobacco harm reduction lives don’t impress you, how about this particular proposal, he has no center, it gives the authority to the money? It is billions of dollars we problem with the idea that we ought to center to regulate all cigarettes, ciga- spend every year as part of our health be cutting back and making significant rette tobacco, roll-your-own tobacco, care costs. A lot of those don’t die but inroads in children beginning this smokeless tobacco, and other tobacco end up being sick or ill for years in a deadly habit. products that are deemed by the Sec- very debilitated fashion as a result of Our substitute is a bipartisan effort retary to be necessary for regulation. smoking-related products, particularly to bring together these ideas and once We don’t lessen the regulation of this cigarettes. and for all to do something in a way industry. As a matter of fact, as Mem- In a few days, we are going to be that will make a difference in the lives bers have an opportunity to hear to- dealing with health care. There is a lot of millions of people in this country morrow about this substitute amend- of division here about what we ought and hopefully one day around the world ment, we increase the regulatory au- to do on health care. One subject mat- as well. This habit is not confined to thority. We do it under the same guid- ter we are not divided on is prevention. our own Nation. We can’t legislate for ance of the Secretary of Health and To avoid chronic illnesses, the best the world, but we can legislate for our- Human Services. We define what adul- way is to prevent them from happening selves, to say to America’s parents terated and misbranded tobacco prod- in the first place. If we thought we that tonight and over the next day or ucts are. We give the tobacco harm re- could make a dent of even 100,000 lives, so we will make a huge difference, I be- duction center the ability to pull prod- what about 200,000 lives because we lieve, in their children’s lives by lim- ucts directly from the market and to made a difference in the number of iting the ability of this industry to ap- prevent those products from going to children who started this deadly habit peal and market directly to their chil- market. Misbranded product would be a each year? What better way to begin dren. That is what this bill does. label that is false or misleading, labels the debate about prevention than going I yield the floor. that don’t contain all the information, after the one cause, the self-inflicted The PRESIDING OFFICER. The Sen- are not in compliance with section 109, wound that we impose on ourselves be- ator from North Carolina. and tobacco or ingredients are not dis- cause of smoking habits? That is self- AMENDMENT NO. 1246 TO AMENDMENT NO. 1247 closed. It requires tobacco manufactur- infliction that we do. We know it kills. Mr. BURR. Mr. President, I ask unan- ers to submit extensive lists of ingredi- We know what damage it does. Here we imous consent to call up an amend- ents, substances, compounds, and addi- have the ability in a few days, maybe, ment in the nature of a substitute, No. tives by brand style to the tobacco or less, to actually do something in a 1246, and ask for its immediate consid- harm reduction center. It requires the meaningful way that has never, ever eration. center to determine and make public a happened before. Cat food, pet food, dog The PRESIDING OFFICER. The list of harmful constituents, including food get regulated by the FDA, and fi- clerk will report. smoke constituents and by brand nally tobacco will, tobacco and ciga- The assistant legislative clerk read styles. It requires annual registration rettes. as follows: and submission of additional informa- Passing this bill will be a historic The Senator from North Carolina [Mr. tion by the manufacturers to the cen- victory for our Nation’s health, helping BURR], for himself and Mrs. HAGAN, proposes ter. It requires establishment of to- parents protect their children, as every an amendment numbered 1246 to amendment bacco product design standards and es- parent across the country tonight No. 1247. tablishes tar and nicotine ceilings for would pray and hope their child would Mr. BURR. I ask unanimous consent cigarettes. It eliminates candy and never begin this deadly habit. Their that reading of the amendment be dis- fruit descriptors on cigarette adver- Federal Government is now going to be pensed with. tising and marketing. It gives the cen- of some assistance. We are going to The PRESIDING OFFICER. Without ter the authority to remove tobacco provide for these products the same objection, it is so ordered. products from interstate commerce if kinds of protections we do for animals (The amendment is printed in today’s such products pose an unreasonable in terms of what they eat every night RECORD under ‘‘Text of Amendments.’’) risk of substantial harm to public in your homes. We will now say the Mr. BURR. Mr. President, let me say health. same kind of protection ought to be af- it is shocking that the argument as to This is about public health. The ob- forded to your children. Parents de- why we should do this is because the jective of any bill should be to reduce

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.060 S03JNPT1 jbell on PROD1PC69 with SENATE S6020 CONGRESSIONAL RECORD — SENATE June 3, 2009 youth usage, to reduce disease, to re- bacco today in the United States. drugs—prescription drugs, prohibited duce death. If we put it in the FDA, we Every Federal agency is listed up here, drugs. We are not talking about that grandfather a tremendous amount of including HHS. FDA has no current ju- addiction. I am talking about a serious smoking products, but we don’t allow a risdiction. They have no expertise to addiction, an addiction to tobacco—to pathway for new, less harmful products regulate tobacco. tobacco—that has such a devastating to reach the marketplace. In our case, It is the most regulated product sold effect on the people who smoke and we allow reduced-risk products to come in America today. But I am not on the often on those who are around the peo- but under the supervision, the direc- floor arguing that this is enough. We ple who smoke. tion of the harm reduction center. can do better. We can consolidate that We heard from Senator DODD earlier It requires all tobacco manufacturers regulation. We can build on the about what happens from smoking. It of imported tobacco products to estab- strengths of all of these underneath the kills more than 400,000 Americans each lish and maintain records, make re- heads. But to add FDA is a huge mis- and every year. Many of them are of ports, provide information as the Sec- take. younger ages. In addition to the lethal retary requests, not as we prescribe. It We just got faxed to us the endorse- dose, there is that kind of attack on requires premarket approval of new ment of this substitute amendment, health that disables people—emphy- combustible tobacco products before No. 1246, by the American Association sema, conditions that affect the heart, entering interstate commerce. It bans of Public Health Physicians. The Asso- all kinds of things. We know lung can- the use of such descriptions as ‘‘light,’’ ciation of Public Health Physicians en- cer is among the most dangerous. ‘‘ultra-light,’’ and ‘‘low tar’’ on pack- dorses the Burr-Hagan amendment. All Senator DURBIN, who was a Member aging, advertising, and marketing of of a sudden, health care entities are of the House at the time, and I decided cigarettes. It requires testing and re- looking at these two bills, and they are to take up the fight against big to- porting of all tobacco product constitu- saying: The amendment in the nature bacco and their powerful special inter- ents, ingredients, additives, including of a substitute, No. 1246, actually does ests more than 20 years ago when we smoke constituents and by brand accomplish what is best for public wrote the law banning smoking on air- styles. It creates a scientific advisory health. And public health physicians planes. We stood up to big tobacco be- committee of 19 people. It establishes a are willing to put their name on it. cause smoking on airplanes was so new warning label that communicates We are going to have an opportunity unhealthful. We learned the dangers of the health risk of cigarettes, with tomorrow to talk at length about what secondhand smoke. Many of the people placement for cigarettes on the front of is in the substitute. My colleague, Sen- who were cabin attendants were sub- the packaging. It requires ingredient ator HAGAN, cosponsor of this bill, will jected to terrible respiratory discom- disclosures and other information on have an opportunity to address it ei- fort and danger. all tobacco packaging. It has the ther tonight or tomorrow. I look for- As a matter of fact, there was a study graphic warning labels required. It es- ward to the opportunity to do that. that was done, and it said even those tablishes new warning labels that com- I yield the floor. who never smoked—people who worked municate the health risks of smokeless f in the cabin of the airplane—would tobacco. It requires ingredient disclo- show nicotine in their body fluids RECESS sure and information on tobacco prod- weeks after they had worked a trip. ucts. The list goes on and on. The PRESIDING OFFICER. Under That is how pervasive this was. But big The authors of the base bill and the the previous order, the Senate stands tobacco fought back. They fought back substitute that has been offered in its in recess until 6:30 p.m. ferociously. They unleashed their place suggest that they do a better job Thereupon, at 6 p.m., the Senate re- forces. Money flowed to protect their of making sure that youth don’t access cessed until 6:30 p.m. and reassembled addicted clientele and to keep them tobacco products. That is just wrong. when called to order by the Presiding there. They brought phony science and Every State sets an age limit. One bill Officer (Mr. BENNET.) high-paid lobbyists to squash this as- does not police the process more than f sault on behalf of public health. They the other. had phony experts testify to Congress, FAMILY SMOKING PREVENTION The one thing this substitute does, up here on television, saying unasham- AND TOBACCO CONTROL ACT— this amendment in the nature of a sub- edly that there was no evidence that Continued stitute, is we ban print advertising ex- secondhand smoke was dangerous, even cept in a publication that is an indus- Mr. ENZI. Mr. President, I suggest though they knew in the tobacco com- try publication. So every general print the absence of a quorum. panies. In the 1930s they learned that ad, every general print publication, a The PRESIDING OFFICER. The nicotine was so addictive and that it publication that a mom might buy but clerk will call the roll. would continue to help them earn enor- a teenager might look at, we eliminate The legislative clerk proceeded to mous profits. We fought back, and we advertising. What does the base bill do? call the roll. succeeded in banning smoking on air- It limits it to black-and-white adver- Mr. LAUTENBERG. Mr. President, I planes. It was a tough fight because of tising. ask unanimous consent that the order all of the misinformation that the in- Don’t come to the floor and suggest for the quorum call be rescinded. dustry spread. That then started a one does a better job than this sub- The PRESIDING OFFICER. Without smoke-free revolution, and it did stitute. When you ban advertising, you objection, it is so ordered. change the world culture on tobacco. have banned the ability to market to Mr. LAUTENBERG. Mr. President, Some years later I authored a law the youth. When you ban descriptors basic instinct in humankind directs so that banned smoking in buildings that and other items such as candy and much attention to the well-being of our provided services to children, any fruit descriptors, we do that as effec- children. We do it in various ways. Now building that had Federal funds. It tively, we just do it through a harm re- you see it creeping into better nutri- could have been a library, a clinic, a duction center. Why? Because it is tion. We see it in our attention to envi- daycare center; whatever it was, there under the same leadership of the Sec- ronmental conditions, to global cli- was no smoking allowed in those build- retary of HHS. mate change. We see it in our attention ings, except if it was in a separate I don’t want to jeopardize the gold to deal with violent behavior against room that ventilated directly to the standard of the FDA. I don’t want to children. We do whatever we can to outside. They fought us on that, but compromise the gold standard that it protect our kids, to protect them and the people won. It is as clear to me has to meet the test of safety and effi- do whatever it takes to do what we can today as it was then that this industry cacy so the American people have trust to make sure they grow up healthy, has not earned the trust to regulate in products. We jeopardize that when they have long lives. itself. That is a plea they make, but no we give the FDA this mission. One of the ways we can be effective is one believes they mean it. Some will claim the FDA is the only to protect our kids against addiction. I Ten years ago, I was able to gather one that can do it. As I showed before, use the word deliberately. ‘‘Addiction’’ unpublished, internal reports by the to- there is the regulatory chart for to- immediately conjures up a view of bacco industry showing that so-called

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.061 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6021 ‘‘light’’ and ‘‘low-tar’’ cigarettes were gredients are a mystery. To lead so she still smoked through the hole in a poor disguise of the true harm that many Americans on a dangerous path her throat. She said her doctor got these cigarettes brought. The cigarette to a debilitating disease, and often le- angry with her when after this serious makers were seducing smokers into thal, is not simply wrong, it is the defi- surgery she was asking for a cigarette. thinking that these cigarettes were a nition of negligence. If this legislation The hold on people is almost unbreak- healthier choice than those previously is successful, the FDA would monitor able. But we can do our part here in generally sold. the content of cigarettes and could call the Senate if we pass this bill. Real government oversight was es- for the reduction or removal of the I ask my colleagues to vote yes on sential to protect the public, especially toxic substances. this legislation. It is good for your con- our young, from this deadly product. FDA oversight would also ensure stituents, it is good for your families, As we know, since the 1980s, the to- that cigarette makers don’t deceive it is good for America’s financial well- bacco industry has continued to engage Americans through trick advertising being. We spend over $100 billion a year in one sophisticated marketing cam- and promotional campaigns. History as a result of premature death and dis- paign after another to get youngsters has proven how untrustworthy the to- ability from tobacco use. addicted to nicotine—just get them bacco companies are. Just think: More With that, I yield the floor and note started and they are yours—even than 20 percent of twelfth graders said the absence of a quorum. though selling and marketing ciga- they have smoked in the last 30 days— The PRESIDING OFFICER. The rettes to children is generally against 20 percent of kids in the twelfth grade, clerk will call the roll. the law. It is our obligation, our re- typically 16, 17, 18 years old, have had The legislative clerk proceeded to sponsibility to end the recruitment of a cigarette in the last 30 days. call the roll. For years, we have set our sights on kids as the next generation of smokers. Mrs. HAGAN. Mr. President, I ask If there was ever any doubt about getting the FDA to regulate cigarettes. unanimous consent that the order for how effective and real this unlawful Why? To protect our kids. No other the quorum call be rescinded. marketing is, just consider that more government agency is as qualified to The PRESIDING OFFICER (Mr. than 3 million young people—people get this job done. In fact, one out of BEGICH). Without objection, it is so or- who are under the age of 18—in our so- every five products that Americans dered. ciety are smokers. What is more, cur- purchase is regulated by the FDA. Mrs. HAGAN. Mr. President, we are rently 3,500 kids every day try smok- They watch over all kinds of things. going to hear a lot this week about ing. That, for many, is the first step to Now they are looking at chemicals how the Family Smoking Prevention a life of addiction. that are in products that very small and Smoking Control Act is going to When I served in the Army, we were children have contact with. The agency prevent youth from taking up smoking. given an emergency pack in case we currently oversees prescription drugs, I fully support that goal. I think all of got in trouble, in case we were isolated over-the-counter medicines, and med- us do. I don’t think anybody here be- from our units, and the emergency ical devices, and it already regulates a lieves that smoking among our Na- pack had some food, including a high- number of well-known nicotine deliv- tion’s youth isn’t a problem. Every nutrition chocolate bar, but it also had ery products, such as the Nicorette day, over 3,500 youth in our country try four cigarettes in a little sleeve. Every- gum and the patch. body got cigarettes free, even if you For the last 45 years, ever since the their first cigarette and another thou- didn’t use them before. The temptation Surgeon General’s office began issuing sand become regular daily smokers. to use them then was great, and it was warnings about cigarettes, big tobacco Clearly, we must do something to deter right down the addiction alley. has used every tactic imaginable, in- our children from smoking. The legislation we are talking about cluding sham organizations, influential As I mentioned yesterday, this bill now that is being debated in this lobbyists, and powerful lawyers, to before us goes much further than that. Chamber would finally grant some su- avoid public scrutiny. It is time to It grants the FDA extremely broad au- pervision and give a Federal agency— make big tobacco accountable to the thority to take action that it considers the Food and Drug Administration— public. It is time to make it account- to be in the interest of public health. I the authority to regulate the tobacco able so that we can protect our chil- reiterate that is an interesting stand- industry. The bill, very simply, would dren from the danger that kills more ard—especially when you consider that give the FDA jurisdiction over the con- than 400,000 Americans every year. cigarettes, when used as intended, are tent and the marketing of tobacco I, too, was a smoker at one time, a dangerous, unhealthy product. This products, and more explicit warning la- until over 30 years ago. Many times I bill puts the FDA in an impossible situ- bels would be required. President thought about quitting, but the temp- ation. Obama supports this effort, and it is tation to light up was always there and My colleague from North Carolina, now our turn and our obligation to overcame any decision that could per- Senator BURR, is offering a sensible al- safeguard families and children by suade me to stop from lighting up and ternative to the bill before us that fo- passing this critical bill. taking a few drags. What happened? cuses on reducing tobacco use among The legislation would give us more One night after dinner my third daugh- our Nation’s youth. I joined Senator and better information about ciga- ter, who was about 7 or 8—she was in BURR in supporting this alternative be- rettes. The fact is that we still don’t maybe second grade—said, Daddy, why cause I believe it balances the need to know a cigarette’s exact contents. are you smoking? I said, well, because curb teenage smoking while protecting That means 40 million Americans—the it makes me feel relaxed. It feels good tobacco farmers and, in turn, North number of people in this country who when I am doing it after I have eaten. Carolina’s families. Similar to the are addicted to smoking—burn and in- This little kid looked at me and she Family Smoking Prevention and To- hale a product whose real ingredients said, Daddy, today in school we learned bacco Control Act, this alternative are a mystery. Think about it. We see that if you smoke, you get a black box would be financed through user fees as- evidence of the fact that these people in your throat. She was 7 years old. sessed on tobacco manufacturers. are typically locked in a vice, a vice so She said, I love you and I don’t want While the bill before us today would embarrassing that they sneak into you to have a black box in your throat. place additional burdens on the already hallways, they stand outside in a hud- That convinced me. Within days I had overtaxed FDA, our alternative instead dle in the rain, or in all kinds of weath- my last cigarette. creates the Tobacco Regulatory Agen- er conditions, whatever they are, to get I will close with another hideous re- cy—a Federal agency within the De- the puffs on cigarettes. I know people minder about the woman who appeared partment of Health and Human Serv- who work in the Capitol here whom I in front of one of my committees. She ices dedicated solely to regulating the see frequently going down the hall to had already had an operation on her manufacture, marketing, and use of to- get outside in inclement weather. Why? esophagus, I think, but in her throat, bacco products. To smoke. So we have a situation we she actually had a hole in her throat. Unlike the Family Smoking Preven- can’t deal with. We have to understand She admitted that despite the fact that tion and Tobacco Control Act, this al- what is in these products. The real in- she had essentially lost her voice box, ternative bill has a smoking-cessation

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.063 S03JNPT1 jbell on PROD1PC69 with SENATE S6022 CONGRESSIONAL RECORD — SENATE June 3, 2009 component which would require the ad- tem is the nearly exponential rise in Because this bill is, at its root, about ministrator to develop recommenda- health care costs. An enormous con- people, I would like to share the story tions to reduce smoking and reduce the tributor to these costs is the price tag of a Coloradan who knew firsthand the harm of tobacco use. for treating chronic disease and pre- effects of cigarette smoke and spent The alternative contains language ventable illness, particularly the pul- many years fighting to keep kids safe. similar to the amendment I offered in monary disorders and throat and lung First diagnosed with throat cancer in the committee to ensure that the tech- cancer that come with smoking. 2002, David Hughes was a musician, nology is available to meet the stand- What better way to help lower health Colorado outdoorsman and cave ex- ards and that the Tobacco Regulatory care costs and promote wellness and plorer, father, and husband. Having Agency does not have the authority to prevention than by going after the No. begun his smoking habit as a teenager, regulate tobacco growers. In fact, the 1 cause of preventable death and dis- he quit cigarettes upon diagnosis and alternative explicitly states that the ease in this country? Coloradans cur- bravely endured 70 radiation treat- new Tobacco Regulatory Agency would rently pay taxes to cover over $1 bil- ments, chemotherapy, and successful not have authority over the actual to- lion per year in smoking and tobacco- surgery. Feeling as if he had a new bacco growers and tobacco coopera- driven costs. That is nearly $600 per lease on life, David went back to school tives. It takes this protection one step Colorado household. and started a woodworking business, further by prohibiting any changes to As we are struggling to find ways to spent even more time with his wife traditional farming practices, includ- pay for a revamped health care system Kathy and son Nathan, and volunteered ing standard cultivation practices, the that provides quality care to everyone with the Loveland Alliance on Smok- curing process, seed composition, to- who needs it, let’s have part of that ing and Health to fight for smoke-free bacco type, fertilization, soil, record pay-for be this bill by preventing mil- air for his family and community. He keeping, or any other requirement af- lions of American children and teens worked especially hard to keep ciga- from becoming addicted to a product fecting farming practices. rettes out of the hands of children, The alternative also prescribes re- that is really a one-way ticket to dis- knowing firsthand the lifelong addic- quirements for cigarette and smokeless ease, cancer, and many times death. tion that can come from being exposed While I have been disturbed by so tobacco labels and warnings, and it re- to tobacco early on. many of the sobering facts, figures, and quires the administrator of the new Unfortunately, 4 years later, the can- statistics we have heard throughout agency to publicly disclose the ingredi- cer returned—this time to his lungs— this debate, there is one in particular ents in each brand of tobacco. eventually taking his life on June 4, that I think really drives home the un- Finally, as I mentioned, this alter- 2008, but not without a spirited fight derlying issue here: 90 percent of cur- native requires some thoughtful fueled by an infectiously positive atti- rent adult smokers were addicted by changes that will reduce teen smoking tude and love for his family and the age of 18. friends. rates. It prohibits fruits and candy That means that, in order to main- branding on cigarettes. None of us David’s wife Kathy has called 2009 tain its bottom line, big tobacco isn’t her and Nathan’s year of ‘‘adventurous want that. It also reduces the utiliza- finding new customers in our age tion of any character cartoons in ad- recovery.’’ I hope getting this bill range. The only way for them to con- signed into law will help, if even in just vertisements. It prohibits providing tinue making big profits is to target any free samples, sponsoring sports a small way, give them the energy to what they have, in the past, deemed continue their adventure and give events, and any advertising on tele- ‘‘their base’’: our children. As a father, them the peace of mind of knowing vision and radio in order to sell ciga- it terrifies me to know that tobacco that their father and husband’s power- rettes. Stiff penalties are imposed for companies view our children as ‘‘re- ful advocacy on behalf of this cause distributing tobacco products to mi- placement smokers.’’ will help prevent other families from nors and for minors possessing tobacco As tobacco companies continue to experiencing similar heartache and products. find more creative ways to get kids to loss. Again, I think this alternative offers join their customer base through de- David’s story underscores the impor- a better approach to curb teen smok- ceptive marketing and other tactics, tance of this legislation to real people ing. It helps adults to quit smoking, parents must continue to educate their and the affect it can have on real lives. and it ensures that the Federal Govern- children about the dangers of smoking. The time to act on this bill is now. ment can adequately regulate tobacco But we can give them a helping hand The idea for the Family Smoking Pre- and protect the 12,000 tobacco farmers by ensuring that youth magazines vention and Tobacco Control Act has and 65,700 employees in tobacco-related aren’t full of colorful ads tailored spe- been around for over a decade, and the industries in North Carolina. cifically to make them the new genera- provisions contained in this version Finally, I say this to my colleagues. tion of smokers—tailored to encourage have been debated and polished by I have no doubt they would view an addiction. We can help them by ensur- countless capable policymakers. The amendment to this bill supported by ing that the convenience store across FDA is the only agency that combines two Senators from North Carolina with the street from their kids’ high school the scientific know-how and regulatory suspicion. But if they will look at the doesn’t have an advertised ‘‘back-to- authority to get the job done. This bill amendment that Senator BURR has of- school’’ special on newly introduced is fiscally responsible and fully paid for fered, I think they will agree this is a fruit-flavored tobacco products, dis- through user fees to tobacco compa- serious amendment that actually ad- played prominently next to their nies. dresses the issues with which this un- shelves of gum and candy products. As Given the current rate of tobacco derlying bill purports to deal. I hope we have heard from my colleagues who use, it is estimated that 92,000 Colorado my colleagues will consider the Burr have spoken before me, practices like kids alive in my home State today amendment with an open mind. these have been documented, and they could ultimately die of smoking. While Mr. UDALL of Colorado. Mr. Presi- are horribly unacceptable. the long-term goal is to shrink this fig- dent, I am here to add my voice to the In addition to many important tools ure to zero, let’s pass this legislation strong bipartisan support for the bill this legislation would give to the FDA this week and put a significant dent in before us today. I also thank Senator to protect children and consumers, this such an overwhelming and unaccept- TED KENNEDY for his tireless effort to bill will allow the agency to restrict able number. shepherd its success. While this legisla- tobacco advertising, especially to chil- Mr. President, I suggest the absence tion is long overdue, I think it is espe- dren; prevent sales to youth; improve of a quorum. cially timely and appropriate that we and strengthen warning labels on prod- The PRESIDING OFFICER. The have the opportunity to see it signed ucts; prevent misleading marketing clerk will call the roll. into law in the midst of a historic and misrepresentation; regulate and re- The assistant legislative clerk pro- health reform debate. move many of the hazardous chemicals ceeded to call the roll. We have known for some time that and ingredients used to make tobacco Mr. SCHUMER. Mr. President, I ask one of the biggest obstacles we face in products more addictive—and many unanimous consent the order for the reforming our broken health care sys- times more deadly. quorum call be rescinded.

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.064 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6023 The PRESIDING OFFICER. Without our Army the greatest force for good City, and I am proud to recognize the objection, it is so ordered. across the globe, and the heart and city’s achievements today. AMENDMENT NO. 1256 TO AMENDMENT NO. 1247 soul of our fighting forces at home and f abroad. They are truly the ‘‘Backbone (Purpose: To modify provisions relating to CHANGES TO S. CON. RES. 13 Federal employees retirement) of the Army.’’ f Mr. CONRAD. Mr. President, section Mr. SCHUMER. Mr. President, under 311(a) of S. Con. Res. 13, the 2010 budget the previous order, on behalf of Sen- 150TH ANNIVERSARY OF VIRGINIA resolution, permits the chairman of the ator LIEBERMAN, I call up his amend- CITY, NV Senate Budget Committee to adjust ment, which is at the desk. Mr. REID. Mr. President, I rise today the allocations of a committee or com- The PRESIDING OFFICER. Without in honor of a very historic event—this mittees, the aggregates, and other ap- objection, the clerk will report. Saturday marks the 150th anniversary propriate levels in the resolution for The assistant legislative clerk read of the founding of Virginia City, NV. legislation that authorizes the Food as follows: Many Americans know Virginia City and Drug Administration to regulate The Senator from New York [Mr. SCHU- from the old TV show ‘‘Bonanza,’’ but products and assess user fees on manu- MER], for Mr. LIEBERMAN, for himself, Ms. this city also played an extremely im- facturers and importers of those prod- COLLINS, Mr. AKAKA, and Mr. VOINOVICH, pro- portant role in the history of the poses an amendment numbered 1256 to ucts to cover the cost of the regulatory amendment No. 1247. United States in the second half of the activities. Additionally, section 307 of 19th century. S. Con. Res. 13 permits the chairman to (The amendment is printed in today’s Virginia City’s roots as a mining adjust the allocations of a committee RECORD under ‘‘Text of Amendments.’’) town began in 1850 as the ’49ers trav- or committees, aggregates, and other f eled through on their way to Cali- appropriate levels in the resolution for MORNING BUSINESS fornia. Men often stopped in this area legislation that, among other things, to practice their gold-mining skills but reduces or eliminates the offset be- Mr. SCHUMER. I ask unanimous con- never found much of value until 1859 tween the survivor benefit plan annu- sent that the Senate proceed to a pe- when Peter O’Riley and Patrick ities and veterans’ dependency and in- riod of morning business with Senators McLaughlin found some gold in the demnity compensation. The adjust- permitted to speak for up to 10 minutes dirt. Henry Comstock passed by short- ments under both reserve funds are each. ly after and talked his way into a share contingent on the legislation not in- The PRESIDING OFFICER. Without of what would later be named after creasing the deficit over either the pe- objection, it is so ordered. him: the Comstock Lode. For several riod of the total of fiscal years 2009 f months, they mined the earth, tossing through 2014 or the period of the total aside buckets full of ‘‘blue stuff’’ that COMMENDING NONCOMMISSIONED of fiscal years 2009 through 2019. got in the way of only a small amount OFFICERS I find that the amendment in the na- of gold. Out of curiosity, they sent ture of a complete substitute to H.R. Mr. REID. Mr. President, I rise today away a sample of this blue stuff to be 1256, the Family Smoking Prevention in recognition of the Army’s 234th an- tested, and it turned out to be made up and Tobacco Control Act, contains lan- niversary. On June 14, 2009, the Army of three-fourths silver ore. News spread guage that fulfills the conditions of the celebrates its 234th year of courageous quickly, and by the following spring, deficit-neutral reserve funds for the and noble service to the people of the 10,000 men had arrived hoping to make Food and Drug Administration and United States of America. their fortune. America’s veterans and wounded serv- The Army has designated 2009 as This silver lode proved more difficult icemembers. Therefore, pursuant to ‘‘The Year of the Noncommissioned Of- to mine than the gold in California, sections 311(a) and 307, I am adjusting ficer,’’ in recognition of the dedicated and mines collapsed before they could the aggregates in the 2010 budget reso- and selfless service of noncommis- reach much of the ore. American inge- lution, as well as the allocation to the sioned officers, known as the ‘‘Back- nuity persevered, however, and a whole Senate Health, Education, Labor, and bone of the Army,’’ throughout the Na- list of new technologies were developed Pensions Committee. tion’s history. Our country nation owes that would be used in mines across the I ask unanimous consent that the fol- a debt of gratitude to those non- country. In no time, the ground below lowing revisions to S. Con. Res. 13 be commissioned officers who have de- Virginia City was crisscrossed with printed in the RECORD. fended our country and freedom world- mines, and the city itself was a boom There being no objection, the mate- wide, serving in harm’s way across the town full of boarding houses and sa- rial was ordered to be printed in the globe to defend freedom and secure the loons. The official value of all the gold RECORD, as follows: peace for the American people. It is fit- and silver taken out of the Comstock ting that we should pay special tribute between 1859 and 1882 is over $300 mil- CONCURRENT RESOLUTION ON THE to the Army’s noncommissioned officer lion. These riches helped Nevada in its BUDGET FOR FISCAL YEAR 2010—S. corps on the 234th anniversary of the CON. RES. 13; REVISIONS TO THE CON- effort to become an independent terri- FERENCE AGREEMENT PURSUANT TO Army’s establishment in 1775. tory and then its own State in 1864. SECTION 311 DEFICIT-NEUTRAL RE- At Fort Lewis, WA, home of the I Virginia City also produced some of SERVE FUND FOR THE FOOD AND DRUG Corps, known as ‘‘America’s Corps,’’ America’s great historical figures. ADMINISTRATION AND SECTION 307 noncommissioned officers are observ- George Hearst made his fortune in Ne- DEFICIT-NEUTRAL RESERVE FUND ing the Army’s birthday while pre- vada before founding the newspaper FOR AMERICA’S VETERANS AND paring for deployment into harm’s empire he became famous for, and WOUNDED SERVICEMEMBERS way, training for future service to the Samuel Clemens first used the name [In billions of dollars] Nation, and upholding the high stand- ‘‘Mark Twain’’ while writing for the Section 101 ards of our armed services. local paper, the Territorial Enterprise. (1)(A) Federal Revenues: It is my desire to thank and honor Today, Virginia City has a popu- FY 2009 ...... 1,532.571 those courageous, dedicated and self- lation of less than a tenth of what it FY 2010 ...... 1,653.722 FY 2011 ...... 1,929.684 less men and women. I am grateful for had at its peak in the 1870s. However, it FY 2012 ...... 2,129.674 the Army’s outstanding corps of non- remains a vibrant community and an FY 2013 ...... 2,291.204 commissioned officers at Fort Lewis, outstanding monument to the Wild FY 2014 ...... 2,495.884 WA, under the direction of COL Cyn- West. The millions of tourists who visit (1)(B) Change in Federal thia Murphy, Garrison Commander, Virginia City each year can stroll the Revenues: and Command Sergeant MAJ Matthew wooden sidewalks, explore old mines, FY 2009 ...... 0.000 FY 2010 ...... ¥12.264 Barnes, for their role in defending our pan for gold, and watch the annual FY 2011 ...... ¥158.947 Nation and serving its people as the international camel and ostrich races. FY 2012 ...... ¥230.719 keepers of the Army’s high standards, I am happy I will be able to celebrate FY 2013 ...... ¥224.133 the trainers and maintainers who make this historic anniversary in Virginia FY 2014 ...... ¥137.774

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0655 E:\CR\FM\G03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE S6024 CONGRESSIONAL RECORD — SENATE June 3, 2009 Section 101 President’s request for discretionary CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL (2) New Budget Authority: appropriations. Based on that reesti- YEAR 2010—S. CON. RES. 13; REVISIONS TO THE FY 2009 ...... 3,674.397 FY 2010 ...... 2,888.696 mate, I am revising both the discre- CONFERENCE AGREEMENT PURSUANT TO SECTION FY 2011 ...... 2,844.909 tionary spending limits and the alloca- 401(c)(5) TO THE ALLOCATION OF BUDGET AUTHORITY FY 2012 ...... 2,848.114 tion to the Senate Committee on Ap- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- FY 2013 ...... 3,012.188 propriations for discretionary budget MITTEE AND THE SECTION 401(b) SENATE DISCRE- FY 2014 ...... 3,188.874 authority and outlays. As specified by TIONARY SPENDING LIMITS—Continued (3) Budget Outlays: FY2009 section 401(c)(5), the adjustment re- FY 2009 ...... 3,358.510 flects the aggregate difference in budg- Initial allo- Revised al- FY 2010 ...... 3,003.315 In millions of dollars cation limit Adjustment location FY 2011 ...... 2,968.399 et authority in 2010 between the CBO limit FY 2012 ...... 2,882.772 reestimate and the original OMB esti- FY 2009 Discretionary Outlays 1,247,230 0 1,247,230 FY 2013 ...... 3,019.399 mate of the President’s request for dis- FY 2010 Discretionary Budget FY 2014 ...... 3,174.863 Authority ...... 1,082,255 3,766 1,086,021 cretionary spending, as well as the re- FY 2010 Discretionary Outlays 1,304,885 2,355 1,307,240 ...... lated outlays. For 2010, I am revising CONCURRENT RESOLUTION ON THE the amount of budget authority by f BUDGET FOR FISCAL YEAR 2010—S. $3.766 billion and the amount of outlays CLEAN WATER RESTORATION ACT CON. RES. 13; REVISIONS TO THE CON- by $2.355 billion. In addition, I am simi- Mr. BARRASSO. Mr. President, we FERENCE AGREEMENT PURSUANT TO larly adjusting the budgetary aggre- SECTION 311 DEFICIT-NEUTRAL RE- all know that one word can make a gates consistent with section 401(c)(5) SERVE FUND FOR THE FOOD AND DRUG world of a difference, especially in of S. Con. Res. 13. In addition to the ADMINISTRATION AND SECTION 307 Washington. Some are advocating for 2010 adjustments in budget authority DEFICIT-NEUTRAL RESERVE FUND the removal of the word ‘‘navigable’’ FOR AMERICA’S VETERANS AND and outlays, I am adjusting outlays in from the Clean Water Restoration Act. WOUNDED SERVICEMEMBERS fiscal years 2011 through 2014 to reflect Doing so would give the government [In millions of dollars] further changes in outlays that result control over all wet areas in the coun- from the adjustment in budget author- Current Allocation to Sen- try. In this case, one word will send ate Health, Education, ity in 2010. Labor, and Pensions I ask unanimous consent that the fol- common sense soaring out the window. It snows in Wyoming. When the snow Committee: lowing revisions to S. Con. Res. 13 be melts, it often leaves large puddles on FY 2009 Budget Author- printed in the RECORD. ¥ ity ...... 22,436 There being no objection, the mate- ranches and farms across the State. FY 2009 Outlays ...... ¥19,058 The Federal Government should not rial was ordered to be printed in the FY 2010 Budget Author- be regulating mud puddles. RECORD, as follows: ity ...... 4,487 This proposal will be detrimental to FY 2010 Outlays ...... 1,526 CONCURRENT RESOLUTION ON THE Wyoming’s farmers and ranchers. We FY 2010–2014 Budget BUDGET FOR FISCAL YEAR 2010—S. Authority ...... 50,349 have been living out here for a long CON. RES. 13; REVISIONS TO THE CON- time quite successfully without the FY 2010–2014 Outlays .... 44,474 FERENCE AGREEMENT PURSUANT TO Adjustments: SECTION 401(c)(5)—REVISED APPRO- ‘‘helpful hand’’ of Washington. FY 2009 Budget Author- PRIATIONS FOR FISCAL YEAR 2010 A recent article printed in the June ity ...... 0 edition of the Wyoming Farm Bureau [In billions of dollars] FY 2009 Outlays ...... 0 Federation’s newspaper, ‘‘Wyoming Ag- FY 2010 Budget Author- Section 101 (1)(A) Federal Revenues: riculture’’ really hit home. I rec- ity ...... 0 ommend my colleagues read the article FY 2010 Outlays ...... 0 FY 2009 ...... 1,532.571 FY 2010–2014 Budget FY 2010 ...... 1,653.722 by Kerin Clark. I believe it is an accu- Authority ...... 17 FY 2011 ...... 1,929.684 rate reflection of the feelings of Wyo- FY 2012 ...... 2,129.674 FY 2010–2014 Outlays .... 17 ming farmers and ranchers on this FY 2013 ...... 2,291.204 Revised Allocation to Sen- FY 2014 ...... 2,495.884 issue. I ask unanimous consent that it ate Health, Education, (1)(B) Change in Federal be printed in the RECORD. Labor, and Pensions Revenues: There being no objection, the mate- Committee: FY 2009 ...... 0.000 rial was ordered to be printed in the FY 2009 Budget Author- FY 2010 ...... ¥12.264 RECORD, as follows: ity ...... ¥22,436 FY 2011 ...... ¥158.947 FY 2009 Outlays ...... ¥19,058 FY 2012 ...... ¥230.719 What’s in one word? FY 2010 Budget Author- FY 2013 ...... ¥224.133 Deletion of ‘‘navigable’’ from CWA would ity ...... 4,487 FY 2014 ...... ¥137.774 have far-reaching consequences FY 2010 Outlays ...... 1,526 (2) New Budget Authority: Federal control of a ditch or grass water- FY 2010–2014 Budget FY 2009 ...... 3,674.397 way that is only filled with water after a Authority ...... 50,366 FY 2010 ...... 2,892.462 rainstorm. Sound outlandish? Not, if the FY 2010–2014 Outlays .... 44,491 FY 2011 ...... 2,844.909 term ‘‘navigable’’ is deleted from the Clean FY 2012 ...... 2,848.114 Water Act and that is just what proponents f FY 2013 ...... 3,012.188 of the Clean Water Restoration Act (CWRA) FURTHER CHANGES TO S. CON. FY 2014 ...... 3,188.874 are pushing to do. RES. 13 (3) Budget Outlays: ‘‘This proposal, if passed, would clearly de- FY 2009 ...... 3,358.510 fine intrastate waters as waters of the Mr. CONRAD. Mr. President, section FY 2010 ...... 3,005.670 United States and give control to areas that 401(c)(5) of S. Con. Res. 13, the 2010 FY 2011 ...... 2,969.115 only have water during rainfall events,’’ Don budget resolution, permits the chair- FY 2012 ...... 2,883.130 Parrish, American Farm Bureau Federation man of the Senate Budget Committee FY 2013 ...... 3,019.578 (AFBF) Senior Director, Regulatory Rela- to adjust the section 401(b) discre- FY 2014 ...... 3,174.976 tions, stated. ‘‘It is clearly the largest ex- tionary spending limits, budgetary ag- pansion of the Clean Water Act since it was passed in 1972.’’ gregates, and allocations pursuant to CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL The deletion of the term ‘‘navigable’’ from section 302(a) of the Congressional YEAR 2010—S. CON. RES. 13; REVISIONS TO THE the Clean Water Act could have grave con- Budget Act of 1974 for the aggregate CONFERENCE AGREEMENT PURSUANT TO SECTION sequences for Wyoming water. difference for discretionary appropria- 401(c)(5) TO THE ALLOCATION OF BUDGET AUTHORITY ‘‘Under both proposals the sponsors make tions in 2010 and related outlays be- AND OUTLAYS TO THE SENATE APPROPRIATIONS COM- it explicit they intend to roll-back the Su- tween the Congressional Budget Of- MITTEE AND THE SECTION 401(b) SENATE DISCRE- preme Court decision in SWANCC which fice’s reestimate of the President’s TIONARY SPENDING LIMITS gives the opportunity for agencies to regu- late intrastate water,’’ Parrish continued. budget and the Office of Management ‘‘Both bills also intend to roll-back the Su- and Budget’s original estimate of such Initial allo- Revised al- In millions of dollars cation limit Adjustment location preme Court decision in Rapanos,’’ He ex- policies. limit plained. ‘‘This was about ephemerals a loose- On May 29, the Congressional Budget FY 2009 Discretionary Budget ly defined set of waters, what the Corp of En- Office released its reestimate of the Authority ...... 1,480,686 0 1,480,686 gineers and EPA define as only having water

VerDate Nov 24 2008 01:34 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.010 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6025 in them during and after a precipitation Ashton joined the Air Force in 2006, new peer-reviewed studies revealed event.’’ following her graduation from that the Arctic will likely be ice-free ‘‘What is water and what is a ditch is hard Indianapolis’s Warren Central High in the summer as early as 2012— not to ascertain,’’ He continued. ‘‘It is extremely School. She served as a driver for the 2050, as predicted by the Nobel Prize- broad and goes beyond what the Supreme winning Intergovernmental Panel on Court has allowed.’’ Air Force in Afghanistan, working According to Parrish, the implications of with the Panshir Provincial Recon- Climate Change—IPCC—in 2007. An- rolling back these two Supreme Court rul- struction Team, a unit that rebuilds other peer-reviewed study in the Pro- ings are many including: 1) All intrastate roads and schools in Afghanistan. Ash- ceedings of the National Academy of waters and all water confined and retained ton, who loved animals, was training to Sciences showed that global emissions, completely on the property of a single owner be a biologist. In high school, she if they continue at current rates, would be federalized; 2) the use of all water, worked at a local pet store and was ac- would increase global temperatures by if linked to economic and commerce would tive in the Zoo Teen Club, a student 12 degrees Fahrenheit by the end of the be federalized; 3) Any areas that have flow- group that volunteers at the Indianap- century. This is on the extreme high ing water only during, and for a short dura- end of temperature projections by the tion after, precipitation events would be olis Zoo. She was also a member of the treated as ‘‘waters of the U.S.’’; 4) the agen- Japan Club. IPCC. Finally, two new studies found cies would be allowed to use any and all eco- While we struggle to express our sor- that ice melt from Antarctica and nomic activity involving water, including row over this loss, we can take pride in Greenland will likely raise sea levels the production of agricultural and forestry the example Ashton set as a soldier. by five to six feet by the end of the cen- products, as the hook for federal regulatory Today and always, she will be remem- tury, far above the two feet predicted reach; and 5) environmental activists would bered by family and friends as a true by the IPCC, which did not consider have the ability to sue landowners or the American hero, and we cherish the leg- melting from those two sources. agencies to expand Federal jurisdiction. Regina McCarthy will be on the front The proposals would allow the Corp of En- acy of her service and her life. As I search for words to do justice to lines of our Nation’s battle to stabilize gineers and the Environmental Protection the climate. The office she will manage Agency to use the broadest possible regu- this valiant fallen soldier, I recall is responsible for improving air quality latory reach of federal waters. ‘‘It probably President Abraham Lincoln’s words as even reaches the preverbal western water he addressed the families of soldiers and reducing the greenhouse gas emis- sions that cause global warming. hole’’ Parrish stated. ‘‘If cattle drink from who died at Gettysburg: ‘‘We cannot Congress must act quickly to place the water hole and then rancher sell those dedicate, we cannot consecrate, we strong, science-based limits on emis- cattle out-of-state to be finished and that cannot hallow this ground. The brave could be an economic hook for federal regu- sions, and force polluters to pay to lation of that water.’’ men, living and dead, who struggled clean up the damage they have done to In a May 2009 Field and Stream article, here, have consecrated it, far above our our environment and our health. We passage of the Clean Water Restoration Act poor power to add or detract. The must do so in a way that creates jobs, is listed as one of the five crucial goals world will little note nor long remem- allows businesses and individuals to sportsmen must work toward right now. ber what we say here, but it can never ‘‘Sportsmen need to understand what the im- save money through efficiency, and forget what they did here.’’ This state- pulls the country out of this recession plications are for landowning and not just ment is just as true today as it was shooting ducks,’’ Parrish continued. ‘‘Farm- and into a clean energy future. ers and ranchers have to make a living work- nearly 150 years ago, as we can take The coal and oil industries are power- ing the land and this legislation will make it some measure of solace in knowing ful, and are spending billions of dollars harder to do that. Thus, keeping the land in that Ashton’s heroism and memory fighting the science and fighting any open spaces and providing habitat for wild- will outlive the record of the words policies that would break their stran- life and birds would be even harder.’’ here spoken. glehold on our Nation’s energy policy. The American Farm Bureau Federation op- It is my sad duty to enter the name In the first 3 months of this year alone, poses the Clean Water Restoration Act be- of Ashton L. M. Goodman in the offi- cause it is an expansion of federal jurisdic- the oil and gas industry spent $37.3 mil- cial Record of the U.S. Senate for her lion to lobby the Federal Government. tion. service to this country and for her pro- ‘‘Farmers and ranchers do good things for That is money that could be going to- the environment, we support the Clean found commitment to freedom, democ- ward cleaning up their operations. In- Water Act,’’ Parrish concluded. ‘‘But remov- racy, and peace. I pray that Ashton’s stead it goes toward impeding our ing the term ‘‘navigable’’ from the CWA family can find comfort in the words of progress toward a clean energy jobs bill gives total control to the federal government the prophet Isaiah who said, ‘‘He will to stop climate change. and leaves little or no authority for the swallow up death in victory; and the Despite those obstacles, the House states and owners of private property.’’ Lord God will wipe away tears from off has reported legislation out of com- f all faces.’’ mittee and we are working toward a HONORING OUR ARMED FORCES May God grant strength and peace to bill in the Environment and Public those who mourn, and may God be with Works Committee. However, as Con- SENIOR AIRMAN ASHTON L.M. GOODMAN all of you, as I know He is with Ashton. gress works toward comprehensive leg- Mr. BAYH. Mr. President, I rise f islation, our planet cannot afford to today with a heavy heart to honor the wait to begin reducing emissions. NOMINATION OF REGINA life of SA Ashton L. M. Goodman, from That’s why President Obama’s EPA re- MCCARTHY Indianapolis, IN. Ashton was 21 years cently found that greenhouse gases are old when she lost her life on May 26, Mr. LAUTENBERG. Mr. President, I pollutants under the Clean Air Act. 2009, from injuries sustained from a rise today to speak in support of Re- This will allow the EPA to use existing bomb attack near Bagram Air Field, gina McCarthy, President Obama’s authority to regulate some of the larg- Afghanistan. She was a member of the nominee to be Assistant Administrator est sources of greenhouse gases, such 43rd Logistics Readiness Squadron, of the Environmental Protection Agen- as power plants, refineries, and auto- Pope Air Force Base, NC. cy for Air and Radiation. Ms. McCar- mobiles. Today, I join Ashton’s family and thy has decades of experience admin- Just as the EPA does not use the friends in mourning her death. Ashton istering environmental programs at Clean Air Act to regulate small sources will forever be remembered as a loving the state level under both Democratic of air pollution such as residential daughter, sister, and friend to many. and Republican administrations. Her buildings, churches, or hospitals for She is survived by her mother, Vicki qualifications are unquestionable, and pollutants like smog and soot, it will Goodman; father and stepmother, Mark her confirmation will help move our not regulate these sources for green- and Chasity Goodman; brother, Levi country toward a safer environment house gases. Our economy grew rapidly Goodman; grandmother, Lois and a healthier economy. as we dramatically reduced emissions Kammers; aunt, Yvonne Chapman; We are at a critical point in the his- of air pollutants under the Clean Air stepsisters, Amber and Michelle tory of our Nation and indeed our plan- Act, and I am certain we can use the Jefferies; half-sisters, Brianna and et. New science appears seemingly Clean Air Act to reduce greenhouse Courtney Goodman; and a host of other every month showing the danger posed gases while creating clean energy jobs friends and relatives. by climate change. Already this year, and reviving our economy.

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.028 S03JNPT1 jbell on PROD1PC69 with SENATE S6026 CONGRESSIONAL RECORD — SENATE June 3, 2009 Ms. McCarthy is supremely qualified ple living in internally displaced per- These events are critical steps in the to succeed in that task. Throughout sons camps, has been obscured by the right direction in a long and com- her 25 years of experience at the State Sri Lankan Government’s severe re- plicated history. If we seek to address level, she has proven to be practical strictions on access for media, inter- this conflict comprehensively, we must and intelligent in her approach to pro- national observers, and humanitarian learn from past setbacks and help iden- tecting the environment. She most re- aid workers. If we are to see a sustain- tify new opportunities for the people of cently served as the commissioner for able solution to this conflict over the Sri Lanka. It will not be easy, but on the Connecticut Department of Envi- long term, it is vital that the Sri behalf of all the innocent civilians ronmental Protection—DEP—and was Lankan Government remove these re- whose lives have been caught in the appointed to this post by Republican strictions now and allow access to all crossfire of this conflict, we must sup- Governor M. Jodi Rell in December independent actors. port this opportunity to finally achieve 2004. Prior to serving in this capacity, I was pleased that President lasting and long awaited peace in Sri Ms. McCarthy worked on environ- Rajapaksa acknowledged that Sri Lanka. mental issues for 20 years at the State Lanka must not accept a military solu- f tion as the ultimate solution. As we and local level in Massachusetts. She U.N. KENYA REPORT served as the deputy secretary of oper- have seen in conflicts around the Mr. FEINGOLD. Mr. President, this ations for the Massachusetts Office of world, a military ceasefire will not week the U.N. Special Rapporteur, Mr. Commonwealth Development, a ‘‘super hold if the underlying causes that led Philip Alston, has released his final re- Secretariat’’ that coordinates policies to this conflict are not addressed. The fundamental grievances of the Tamil port on extrajudicial, summary or arbi- and programs of that state’s environ- trary executions in Kenya. His report mental, transportation, energy and minority have been overshadowed, dis- torted, and in some cases silenced by states that, despite significant inves- housing agencies. She was appointed to tigative work, no concrete steps have this position by then-Governor Mitt the severe tactics of the LTTE, who since 1997 have been designated by the been taken to prosecute perpetrators of Romney. the violence after Kenya’s December Ms. McCarthy is known for her active United States as a terrorist organiza- tion. The LTTE claimed to be the voice 2007 election. It also finds that both the role as Connecticut DEP commissioner Sabaot Land Defense Forces—SLDF— of the Tamil people, and yet their com- in promoting the Regional Greenhouse and the Kenyan government’s security mitment to both indiscriminate and Gas Initiative, RGGI, a cooperative ini- forces engaged in widespread brutality targeted violence, as well as reports tiative by 10 Northeastern States, in- in Mount Elgon, including torture and from the last days of fighting that they cluding New Jersey, to implement a unlawful killings. These alleged abuses used Tamil civilians as human shields, cap-and-trade program for greenhouse have not been seriously investigated by would indicate otherwise. If we are to gas emissions from powerplants. That the police or the military. Finally, the see legitimate reconciliation in Sri experience will serve her well when she report concludes that the police in Lanka, the grievances of the Tamil mi- is tasked with implementing the cli- Kenya continue to carry out nority must be seen as distinct from mate legislation that Congress must— extrajudicial killings and that death and will—pass. the violence of the LTTE and addressed squads continue to exist within the po- Our planet cannot wait any longer thoroughly and justly. lice to assassinate high-profile sus- I urge President Rajapaksa to take for lower emissions from cars and pected criminals. power plants, American workers can- steps now to demonstrate a serious The report makes a number of de- not wait any longer for clean energy commitment to a political solution, tailed recommendations for how Kenya jobs, and our economy cannot wait any the rule of law, and most importantly, can address these problems, beginning longer for the technological innova- to genuinely addressing the needs of with the replacement of the existing tions and improved efficiency that will the Tamil people. At the same time, in police commissioner and a clear public lay the groundwork for lasting, sus- proportion to the passion and effort order that extrajudicial killings will tainable prosperity. Confirming Regina with which the world’s diplomats have not be tolerated, then followed by a McCarthy will let her get to work demanded peace and respect for civil- comprehensive reform of the police. In cleaning up our environment, and we in ians throughout this conflict, donor addition, the report calls for the attor- the Senate will begin the work of pass- countries must remain actively en- ney general to resign and for the Ken- ing a bill that makes polluters pay, gaged and dedicated to helping bring yan government to take steps to re- creates clean energy jobs, and revives about a lasting resolution to this dec- duce corruption and incompetence in our economy. ades-old conflict. the judiciary. With regard to the post- I am especially concerned about f election violence, the report calls for issues surrounding resettlement. In the the Kenyan government to establish a SRI LANKA wake of this conflict, land mines line special tribunal to seek accountability Mr. FEINGOLD. Mr. President, last those roads which still exist and cover for persons bearing the greatest re- month Sri Lanka saw an end to the farmers’ fields in northern Sri Lanka. sponsibility for the violence after the longstanding military conflict between Schools, hospitals, roads, homes, and elections. And with regard to the the Liberation Tigers of Tamil Eelam, businesses have been damaged and in killings in Mount Elgon, the report the LTTE, and the Sri Lankan Govern- some cases completely destroyed. calls on the government to imme- ment. In the immediate days that fol- Some 290,000 internally displaced peo- diately set up an independent commis- lowed the end of fighting, President ple languish in squalid humanitarian sion to investigate human rights Mahinda Rajapaksa delivered a speech camps the safe and voluntary return of abuses, including those committed by to his nation’s parliament which for- whom must be a top priority for the SLDF. mally marked the conclusion of an postconflict recovery. The Sri Lankan I urge the Obama administration to armed conflict that has escalated since Government must not shirk its respon- issue a strong response to the release January, but stretches back over 26 sibility to help these people return to of the Special Rapporteur’s final report years. their homes swiftly and safely. The and press for the implementation of This tragic war has claimed the lives international community, too, can pro- these recommendations. I was pleased of over 70,000 Sri Lankans, displaced vide assistance to help these people re- that Assistant Secretary Carson trav- hundreds of thousands, and seen sys- turn home safely or seek other lasting eled earlier this month to Nairobi as tematic and brutal atrocities com- solutions. The U.S. government should part of his first trip to Africa following mitted by both sides. Over the last 5 join with its international partners to his confirmation. He met with govern- months, as the conflict intensified, it coordinate demining efforts, work with ment leaders there and delivered a drew increasing and unprecedented at- the Sri Lankan government to develop strong message of concern. This was an tention from the international commu- and rebuild infrastructure, and ensure important step. It must now be fol- nity. Nevertheless, obtaining a clear that those who have been displaced are lowed by concrete actions that both picture of this conflict, especially the able to reclaim the land that is right- support reforms and press for individ- situation of the estimated 290,000 peo- fully theirs. uals found guilty of killings and

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.030 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6027 kleptocracy to be held accountable. To At first I thought she might not have un- tain keywords incorporated in a blacklist that end, I noted with interest that the derstood my Chinese, but it soon became that is continually updated. President’s budget request included in- clear that ‘‘June 4’’ meant nothing to her. I China’s censorship is multipronged, some- creased military assistance for Kenya. probably shouldn’t have been surprised. times heavy-handed and sometimes sophisti- In the 20 years since that day in 1989 when cated, allowing debate on some issues and Such assistance may be justified, but Chinese troops opened fire on unarmed civil- shutting it down on others, such as before we provide it, we need to make ians near Tiananmen Square, Chinese cen- Tiananmen. sure that steps are being taken by the sors have managed to erase all mention of Censors hold online service providers and Kenyan government to investigate past that tragedy from the country’s textbooks Internet cafe owners responsible for the con- abuses and stop continuing ones. We and state-run media. tent that users read and post. A small need to ensure that U.S. taxpayer dol- But for me, Tiananmen is impossible to blogging service will usually err on the side lars do not enable a pattern of impu- forget. As Beijing bureau chief for The Post, of caution rather than lose its license be- I covered the student demonstrations that nity in Kenya’s security forces. cause of a debate about June 4. began in mid-April, tried to track a murky Lines that cannot be crossed shift from For some time I have worried about power struggle among top Chinese leaders time to time, leaving citizens uncertain and the very real possibility that political and managed a small team of young, Chi- therefore prone to self-censorship. instability in Kenya could worsen and nese-speaking American reporters. The good news is that the blackout isn’t that armed conflict could return if What I remember best was the sudden complete. We know from Radio Free Asia’s these underlying rule of law problems openness of many Beijing citizens of all pro- call-in shows that some younger Chinese are not addressed. That backsliding fessions. They were inspired by throngs of know just enough about Tiananmen to want students calling for political reform, media to learn more. I work with several Chinese would be tragic, not least because freedom and an end to ‘‘official profit- Kenya is an extremely important coun- broadcasters who were students in Beijing on eering.’’ June 4. Many of them saw more than I did. try for the stability of the Horn of Af- People I believed to be Communist Party And they are here to remind me—and many rica and east Africa. Moreover, it is a supporters were suddenly telling me what Chinese—of a history we should never forget. country with vast potential that has they really thought. Some who had been si- been and continues to be a leader on lent in the past even debated politics on f street corners. In early May, Chinese jour- the African continent. The United ADDITIONAL STATEMENTS States, given our longstanding and his- nalists petitioned for the right to report openly on the Tiananmen protests, which on toric partnership with Kenya must step May 17 swelled to more than a million people up to the plate and work to ensure marching in the capital. Journalists from all COMMENDING LUCIA MOCZ Kenya achieves its full potential. We the leading Chinese newspapers, including ∑ Mr. AKAKA. Mr. President, I con- can begin by ensuring the U.N. Special the People’s Daily, the mouthpiece of the gratulate Mililani High School senior Rapporteur’s report serves as a guide Communist Party, joined in. Their slogan Lucia Mocz for winning the third place and a catalyst for needed reforms and was ‘‘Don’t force us to lie.’’ Addiction Science Award at this year’s renewed progress. For a brief period, Chinese journalists were allowed to report objectively on the student Intel International Science and Engi- f protests. But this press freedom was short- neering Fair, ISEF. With over 1,500 stu- REMEMBERING TIANANMEN lived and ended May 20 with the imposition dents participating from more than 50 SQUARE of martial law and the entry of the People’s countries, the Intel ISEF is the world’s Liberation Army into Beijing. Mr. KAUFMAN. Mr. President, to- At first, Beijing residents manning make- largest science competition for high morrow marks 20 years since China’s shift barriers blocked the troops. But late on school students. The awards were pre- crackdown on democracy advocates in the evening of June 3, tanks, armored per- sented by the National Institute on Tiananmen Square that resulted in an sonnel carriers and soldiers firing automatic Drug Abuse—NIDA—at a ceremony on estimated 700 deaths of innocent civil- weapons broke through to the square. May 14, 2009. The death toll quickly became a taboo sub- ians. Unfortunately, this represents a I wish to acknowledge Lucia’s tech- ject for Chinese media. nical skill, innovation, and creativity mere estimate of the senseless loss of Chinese doctors and nurses who had openly life because the Chinese government sided with students on the square, and who in creating her winning project. has not been transparent in disclosing had allowed reporters into operating rooms Lucia’s computer science project, what happened at Tiananmen Square, to view the wounded, came under pressure to ‘‘Complex Evaluation of Danger and and has actively suppressed reporters, conceal casualty figures. Tranquility in Urban Settings: An protestors, and medical personnel who One brave doctor at a hospital not far from Immunocomputing Intelligence Ap- Tiananmen Square led me and a colleague to proach,’’ used an artificial intelligence may have provided a firsthand account. a makeshift morgue, where we saw some 20 Twenty years later, this suppression algorithm to generate highly detailed bullet-riddled bodies laid out on a cement maps correlating indicators of danger continues in the form of government- floor. I later learned that the doctor was led crack downs on New Media sources, ‘‘disciplined’’ for allowing us to view that and tranquility in the urban region of such as blogs, Twitter, and social net- scene. her hometown. While there are medical working sites including Facebook, A Chinese journalist I considered a friend and behavioral science awards given by where state censors target internet tried to convince me that government esti- various public and private agencies, mates of fewer than 300 killed were correct this is the first series of awards given service providers in an attempt to con- and that these included a large number of trol the free flow of information. exclusively for projects that advance military and police casualties. I later addiction science. As we solemnly mark 20 years since learned from colleagues of his that this jour- Tiananmen Square, it is critical to nalist was working for state security. However, this young woman could highlight the ongoing limitations on After comparing notes with others, my not have achieved what she has done human rights and freedom of the press guess was that the actual death toll was at without the additional support and in China. This Tuesday, a column was least 700, and that most of those killed were knowledge of science and social issues published in the Washington Post by ordinary Beijing residents. provided by her teachers. I commend It’s almost incredible that the Chinese gov- Dan Southerland, the former China bu- the teachers at Mililani High School, ernment has succeeded for so long in cov- who played a role in Lucia’s success. reau chief, which did just that. I ask ering up a tragedy of this magnitude. unanimous consent that this important But for those who closely monitor the con- Their dedication to instructing, nour- editorial be printed in the RECORD. tinued repression of civil liberties in China— ishing and inspiring the next genera- There being no objection, the mate- and the government’s stranglehold on news tion of professionals is exemplary. Her rial was orderd to be printed in the deemed ‘‘sensitive’’—it’s not surprising. family is recognized as well for their Chinese authorities continue to intimidate RECORD, as follows: commitment, sacrifice, and support reporters, block Web sites and jam broad- that all helped to encourage and instill TIANANMEN: DAYS TO REMEMBER casts of outside news organizations. China is the important values that led to her Two years ago I met a Chinese student who the world’s leading jailer of journalists and award. was entering graduate school in the United cyber-dissidents. Chinese youths are among States. I told her I had been in Beijing dur- the most Web-savvy in the world. But Chi- I would also like to note NIDA Direc- ing ‘‘6–4,’’ the Chinese shorthand for the nese search engines, chat and blog applica- tor Dr. Nora D. Volkow’s comments massacre of June 4, 1989. tions, as well as Internet service providers, that ‘‘our judges recognized a provoca- ‘‘What are you talking about?’’ she asked. are equipped with filters that block out cer- tive strategy that could one day help

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.018 S03JNPT1 jbell on PROD1PC69 with SENATE S6028 CONGRESSIONAL RECORD — SENATE June 3, 2009 us better understand how the built en- to President Zimpher for her service. I Americans to the United States, and for vironment relates to patterns of drug am confident the university will con- other purposes. abuse . . . This approach nicely mir- tinue to grow and increase in national f rors the multidimensionality of the stature because of her hard work and MEASURES REFERRED many factors known to influence the leadership. I wish her the best in her risk and consequences of drug abuse in new position at SUNY and I know that The following bills were read the first our communities.’’ we will continue to work together in and the second times by unanimous I encourage Lucia to continue to the future.∑ consent, and referred as indicated: study and follow her passions for ap- H.R. 325. An act to amend the Reclamation f plied science and social issues. I wish Wastewater and Groundwater Study and Fa- nothing but the best for the her and MESSAGES FROM THE PRESIDENT cilities Act to authorize the Secretary of the her family and wish her continued suc- Interior to participate in the Avra Black Messages from the President of the Wash Reclamation and Riparian Restoration cess as she faces the challenges of col- United States were communicated to ∑ Project; to the Committee on Energy and lege and beyond. the Senate by Mrs. Neiman, one of his Natural Resources. f secretaries. H.R. 689. An act to interchange the admin- COMMENDING DR. NANCY istrative jurisdiction of certain Federal f lands between the Forest Service and the Bu- ZIMPHER EXECUTIVE MESSAGES REFERRED reau of Land Management, and for other pur- ∑ Mr. BROWN. Mr. President, today I poses; to the Committee on Energy and Nat- honor the accomplishments of Dr. As in executive session the Presiding ural Resources. Nancy Zimpher, president of the Uni- Officer laid before the Senate messages H.R. 1120. An act to amend the Reclama- versity of Cincinnati. For the last 5 from the President of the United tion Wastewater and Groundwater Study and years, Dr. Zimpher has served the uni- States submitting sundry nominations Facilities Act to authorize the Secretary of versity, its students, and the Cin- which were referred to the appropriate the Interior to participate in the Central Texas Water Recycling and Reuse Project, cinnati community, and she will soon committees. (The nominations received today are and for other purposes; to the Committee on leave to become the chancellor of the Energy and Natural Resources. State University of New York. printed at the end of the Senate pro- H.R. 1280. An act to modify a land grant An Ohio native, President Zimpher ceedings.) patent issued by the Secretary of the Inte- earned her academic credentials at the f rior; to the Committee on Energy and Nat- Ohio State University and has devoted ural Resources. her professional life to improving high- MESSAGE FROM THE HOUSE H.R. 1380. An act to establish a grant pro- er education for America’s young peo- At 4:06 p.m., a message from the gram for automated external defibrillators ple. In 2003, she became the 25th presi- House of Representatives, delivered by in elementary and secondary schools; to the Committee on Health, Education, Labor, and dent, and the first woman to lead the Mrs. Cole, one of its reading clerks, an- Pensions. University of Cincinnati. Shortly after nounced that the House has passed the H.R. 1393. An act to amend the Lower Rio her arrival, UC embarked on a com- following bills and joint resolution, in Grande Valley Water Resources Conserva- prehensive strategic plan to transform which it requests the concurrence of tion and Improvement Act of 2000 to author- the University of Cincinnati into one of the Senate: ize additional projects and activities under the nation’s top research universities. H.R. 325. An act to amend the Reclamation that Act, and for other purposes; to the Com- Dr. Zimpher’s work resulted in a sig- Wastewater and Groundwater Study and Fa- mittee on Energy and Natural Resources. nificant increase in the graduation rate cilities Act to authorize the Secretary of the H.R. 1662. An act to amend the Child Care along with nearly a 10-percent increase Interior to participate in the Avra/Black and Development Block Grant Act of 1990 to Wash Reclamation and Riparian Restoration require child care providers to provide to in university enrollment. parents information regarding whether such During her tenure at UC, President Project. H.R. 689. An act to interchange the admin- providers carry current liability insurance; Zimpher has been highly engaged on to the Committee on Health, Education, the national and regional level regard- istrative jurisdiction of certain Federal lands between the Forest Service and the Bu- Labor, and Pensions. ing education policy. As chair of the reau of Land Management, and for other pur- H.R. 2330. An act to direct the Secretary of Coalition of Urban Serving Univer- poses. the Interior to carry out a study to deter- sities, Dr. Zimpher was heavily in- H.R. 1120. An act to amend the Reclama- mine the suitability and feasibility of estab- volved in issues surrounding the reau- tion Wastewater and Groundwater Study and lishing Camp Hale as a unit of the National thorization of the Higher Education Facilities Act to authorize the Secretary of Park System; to the Committee on Energy Act and was a strong advocate for the Interior to participate in the Central and Natural Resources. Texas Water Recycling and Reuse Project, H.R. 2430. An act to direct the Secretary of issues facing urban research univer- the Interior to continue stocking fish in cer- sities. and for other purposes. H.R. 1280. An act to modify a land grant tain lakes in the North Cascades National I have had the opportunity to work Park, Ross Lake National Recreation Area, closely with Dr. Zimpher on issues re- patent issued by the Secretary of the Inte- rior. and Lake Chelan National Recreation Area; lating to workforce development. Dr. H.R. 1380. An act to establish a grant pro- to the Committee on Energy and Natural Re- Zimpher served on the host committee gram for automated external defibrillators sources. of our inaugural Ohio College Presi- in elementary and secondary schools. f dents’ Conference, where she was in- H.R. 1393. An act to amend the Lower Rio MEASURES DISCHARGED strumental in forming partnerships be- Grande Valley Water Resources Conserva- tween universities and employers. One tion and Improvement Act of 2000 to author- The following bill was discharged of Dr. Zimpher’s greatest achievements ize additional projects and activities under from the Committee on Commerce, at UC was the founding of Strive, a that Act, and for other purposes. Science, and Transportation by unani- Cincinnati-northern Kentucky collabo- H.R. 1662. An act to amend the Child Care mous consent, and referred as indi- and Development Block Grant Act of 1990 to rative focused on college access and require child care providers to provide to cated: success. This partnership involves parents information regarding whether such S. 1144. A bill to improve transit services; higher education institutions in the providers carry current liability insurance. including in rural States; to the Committee Cincinnati region, urban P–12 school H.R. 2330. An act to direct the Secretary of on Banking, Housing, and Urban Affairs. districts in Cincinnati and northern the Interior to carry out a study to deter- f Kentucky, as well as business, civic, mine the suitability and feasibility of estab- EXECUTIVE AND OTHER and nonprofit organizations. As Presi- lishing Camp Hale as a unit of the National COMMUNICATIONS dent Obama has recognized through the Park System. creation of the Promise Neighborhoods H.R. 2430. An act to direct the Secretary of The following communications were the Interior to continue stocking fish in cer- laid before the Senate, together with initiative, these types of partnerships tain lakes in the North Cascades National are essential to the health of urban Park, Ross Lake National Recreation Area, accompanying papers, reports, and doc- communities like Cincinnati. and Lake Chelan National Recreation Area. uments, and were referred as indicated: The State of Ohio, the city of Cin- H. J. Res. 40. Joint resolution to honor the EC–1754. A communication from the Chief cinnati, and the university are grateful achievements and contributions of Native of Publications and Regulations, Internal

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.031 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6029 Revenue Service, Department of the Treas- mitting, pursuant to law, the Semi-Annual EC–1773. A communication from the Assist- ury, transmitting, pursuant to law, the re- Report of the Inspector General for the pe- ant Secretary, Bureau of Legislative Affairs, port of a rule entitled ‘‘Guidance Necessary riod from October 1, 2008 through March 31, Department of State, transmitting, pursuant to Facilitate Business Election Filing; Final- 2009; to the Committee on Homeland Secu- to the Arms Export Control Act, the certifi- izing Controlled Group Qualification Rules’’ rity and Governmental Affairs. cation of a proposed manufacturing license ((RIN1545–BF25)(TD 9451)) received in the Of- EC–1764. A communication from the Sec- agreement for the export of technical data, fice of the President of the Senate on May 27, retary of Energy, transmitting, pursuant to defense services, and defense articles in the 2009; to the Committee on Finance. law, the Semi-Annual Report of the Inspec- amount of $50,000,000 or more with Canada; EC–1755. A communication from the Chief tor General for the period from October 1, to the Committee on Foreign Relations. of Publications and Regulations Branch, In- 2008 through March 31, 2009; to the Com- EC–1774. A communication from the Assist- ternal Revenue Service, Department of the mittee on Homeland Security and Govern- ant Secretary, Bureau of Legislative Affairs, Treasury, transmitting, pursuant to law, the mental Affairs. Department of State, transmitting, pursuant report of a rule entitled ‘‘Application of Sec- EC–1765. A communication from the Ad- to the Arms Export Control Act, the certifi- tions 7702 and 7702A to Life Insurance Con- ministrator, Environmental Protection cation of a proposed manufacturing license tracts that Mature after Age 100’’ (Notice Agency, transmitting, pursuant to law, the agreement for the manufacture of significant 2009–47) received in the Office of the Presi- Semi-Annual Report of the Inspector Gen- military equipment abroad and the export of dent of the Senate on May 27, 2009; to the eral for the period from October 1, 2008 defense services and defense articles in the Committee on Finance. through March 31, 2009; to the Committee on amount of $50,000,000 or more with Mexico; to EC–1756. A communication from the Chief Homeland Security and Governmental Af- the Committee on Foreign Relations. of Publications and Regulations, Internal fairs. EC–1775. A communication from the Assist- Revenue Service, Department of Treasury, EC–1766. A communication from the Chair- ant Secretary, Bureau of Legislative Affairs, transmitting, pursuant to law, the report of man, National Credit Union Administration, Department of State, transmitting, pursuant a rule entitled ‘‘Tier 1 Issue—Section 965 transmitting, pursuant to law, the Semi-An- to the Arms Export Control Act, the certifi- Foreign Earnings Repatriation Directive #3’’ nual Report of the Inspector General for the cation of a proposed technical assistance (LMSB–4–0409–017) received in the Office of period from October 1, 2008 through March agreement for the export of technical data, the President of the Senate on May 27, 2009; 31, 2009; to the Committee on Homeland Se- and defense services articles in the amount to the Committee on Finance. curity and Governmental Affairs. of $50,000,000 or more with Mexico; to the EC–1757. A communication from the Chief EC–1767. A communication from the Direc- Committee on Foreign Relations. of Publications and Regulations, Internal tor of Legislative Affairs, Office of the Direc- EC–1776. A communication from the Assist- Revenue Service, Department of the Treas- tor of National Intelligence, transmitting, ant Secretary, Bureau of Legislative Affairs, ury, transmitting, pursuant to law, the re- pursuant to law, a report relative to action Department of State, transmitting, pursuant port of a rule entitled ‘‘Section 42.—Low-In- on a nomination for the position of Associate to the Arms Export Control Act, the certifi- come Housing Credit’’ (Notice 2009–44) re- Director of National Intelligence and Chief cation of a proposed technical assistance ceived in the Office of the President of the Information Officer, received in the Office of agreement for the export of technical data, Senate on May 27, 2009; to the Committee on the President of the Senate on May 27, 2009; defense services, and defense articles in the Finance. to the Select Committee on Intelligence. amount of $50,000,000 or more with the EC–1758. A communication from the Chief EC–1768. A communication from the Staff United Kingdom, Russia, Germany, Nether- of Publications and Regulations, Internal Director, U.S. Commission on Civil Rights, lands, Sweden, Luxembourg, Belgium, Revenue Service, Department of the Treas- transmitting, pursuant to law, a report rel- France, and Kazakhstan; to the Committee ury, transmitting, pursuant to law, the re- ative to the Commission’s recent appoint- on Foreign Relations. port of a rule entitled ‘‘Treatment of Certain ment of members to the Connecticut Advi- EC–1777. A communication from the Assist- Employer-Owned Life Insurance Contracts’’ sory Committee; to the Committee on the ant Secretary, Bureau of Legislative Affairs, (Notice 2009–48) received in the Office of the Judiciary. Department of State, transmitting, pursuant President of the Senate on May 27, 2009; to EC–1769. A communication from the Assist- to the Arms Export Control Act, the certifi- the Committee on Finance. ant Secretary, Bureau of Legislative Affairs, cation of a proposed manufacturing license EC–1759. A communication from the Chief Department of State, transmitting, pursuant agreement for the manufacture of significant of Publications and Regulations, Internal to the Arms Export Control Act, the certifi- military equipment abroad and the export of Revenue Service, Department of the Treas- cation of a manufacturing license agreement technical data, defense services, and defense ury, transmitting, pursuant to law, the re- for the export of technical data, defense serv- articles in the amount of $50,000,000 or more port of a rule entitled ‘‘Tier 1 Issue—Inter- ices, and defense articles for the manufac- with the United Arab Emirates; to the Com- national Hybrid Instrument Transactions’’ ture and support of the S–70B(SH–60J/K) Hel- mittee on Foreign Relations. (LMSB–4–0509–122) received in the Office of icopters, parts and support equipment in the EC–1778. A communication from the Assist- the President of the Senate on May 27, 2009; amount of $100,000,000 or more with Japan; to ant Secretary, Bureau of Legislative Affairs, to the Committee on Finance. the Committee on Foreign Relations. Department of State, transmitting, pursuant EC–1760. A communication from the Assist- EC–1770. A communication from the Assist- to the Arms Export Control Act, the certifi- ant General Counsel of the Division of Regu- ant Secretary, Bureau of Legislative Affairs, cation of a proposed technical assistance latory Services, Office of Postsecondary Edu- Department of State, transmitting, pursuant agreement for the export of technical data, cation, Department of Education, transmit- to the Arms Export Control Act, the certifi- defense services, and defense articles in the ting, pursuant to law, the report of a rule en- cation of a proposed manufacturing license amount of $50,000,000 or more with Iraq, the titled ‘‘Interim Final Regulations—Student agreement for the export of technical data, United Kingdom, the United Arab Emirates; Assistance General Provisions; Teacher Edu- defense services, and defense articles for the to the Committee on Foreign Relations. cation Assistance for College and Higher manufacture of the AN/APG–63(V)1 Radar EC–1779. A communication from the Assist- Education (TEACH) Grant Program; Federal System Retrofit Kits in the amount of ant Secretary, Bureau of Legislative Affairs, Pell Grant Program; Academic Competitive- $100,000,000 or more with Japan; to the Com- Department of State, transmitting, pursuant ness Grant Program and National Science mittee on Foreign Relations. to the Arms Export Control Act, the certifi- and Mathematics Access to Retain Talent EC–1771. A communication from the Assist- cation of a proposed manufacturing license Grant Program’’ (RIN1840–AC96) received in ant Secretary, Bureau of Legislative Affairs, agreement for the manufacture of significant the Office of the President of the Senate on Department of State, transmitting, pursuant military equipment abroad with Mexico; to May 26, 2009; to the Committee on Health, to the Arms Export Control Act, the certifi- the Committee on Foreign Relations. Education, Labor, and Pensions. cation of a proposed manufacturing license EC–1780. A communication from the Assist- EC–1761. A communication submitted agreement for the export of technical data, ant Secretary, Bureau of Legislative Affairs, jointly by the Chairman and the General defense services, and defense articles for the Department of State, transmitting, pursuant Counsel, National Labor Relations Board, manufacture and support of the S–70A(UH– to the Arms Export Control Act, the certifi- transmitting, pursuant to law, the Semi-An- 60J) Helicopters, parts and support equip- cation of a proposed manufacturing license nual Report of the Inspector General for the ment in the amount of $100,000,000 or more agreement for the manufacture of significant period from October 1, 2008 through March with Japan; to the Committee on Foreign military equipment abroad with Israel; to 31, 2009; to the Committee on Homeland Se- Relations. the Committee on Foreign Relations. curity and Governmental Affairs. EC–1772. A communication from the Assist- EC–1781. A communication from the Assist- EC–1762. A communication from the Acting ant Secretary, Bureau of Legislative Affairs, ant Secretary, Bureau of Legislative Affairs, Administrator, General Services Administra- Department of State, transmitting, pursuant Department of State, transmitting, pursuant tion transmitting, pursuant to law, the to the Arms Export Control Act, the certifi- to the Arms Export Control Act, the certifi- Semi-Annual Report of the Inspector Gen- cation of a proposed license agreement for cation of a proposed manufacturing license eral for the period from October 1, 2008 the export of defense articles and defense agreement for the manufacture of significant through March 31, 2009; to the Committee on services in the amount of $50,000,000 or more military equipment abroad with Japan; to Homeland Security and Governmental Af- with the United Kingdom, Germany, Nether- the Committee on Foreign Relations. fairs. lands, Sweden, Luxembourg, Belgium, EC–1782. A communication from the Assist- EC–1763. A communication from the Sec- France, and Kazakhstan; to the Committee ant Secretary, Legislative Affairs, Depart- retary, Federal Maritime Commission, trans- on Foreign Relations. ment of State, transmitting, pursuant to

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.014 S03JNPT1 jbell on PROD1PC69 with SENATE S6030 CONGRESSIONAL RECORD — SENATE June 3, 2009 law, a report relative to provisions of Sec- mittee on Commerce, Science, and Transpor- ADDITIONAL COSPONSORS tion 7072 of the Foreign Operations, and Re- tation. S. 144 lated Programs Appropriations Act, 2009, as By Mr. PRYOR (for himself, Mr. they relate to restrictions on assistance to BROWNBACK, Mr. BAYH, Mr. ISAKSON, At the request of Mr. KERRY, the the central government of Serbia; to the Mr. CHAMBLISS, Mr. LUGAR, and Mr. names of the Senator from Nebraska Committee on Foreign Relations. INHOFE): (Mr. NELSON), the Senator from Mis- EC–1783. A communication from the Assist- S. 1171. A bill to amend title XVIII of the souri (Mr. BOND) and the Senator from ant Secretary, Legislative Affairs, Depart- Social Security Act to restore State author- Indiana (Mr. BAYH) were added as co- ment of State, transmitting, pursuant to ity to waive the 35-mile rule for designating sponsors of S. 144, a bill to amend the law, a report relative to the status of the critical access hospitals under the Medicare Internal Revenue Code of 1986 to re- Government of Cuba’s compliance with the Program; to the Committee on Finance. move cell phones from listed property United States-Cuba September 1994 ‘‘Joint By Mr. BROWN: Communique’’ and on the treatment of per- S. 1172. A bill to direct the Secretary of under section 280F. sons returned to Cuba in accordance with the Energy to establish a grant program to fa- S. 424 United States-Cuba May 1995 ‘‘Joint State- cilitate the production of clean, renewable At the request of Mr. LEAHY, the ment’’; to the Committee on Foreign Rela- energy from municipal solid waste, and for name of the Senator from Illinois (Mr. tions. other purposes; to the Committee on Energy DURBIN) was added as a cosponsor of S. EC–1784. A communication from the Assist- and Natural Resources. 424, a bill to amend the Immigration ant Secretary, Legislative Affairs, Depart- By Mr. FEINGOLD: ment of State, transmitting, pursuant to and Nationality Act to eliminate dis- S. 1173. A bill to establish a demonstration crimination in the immigration laws law, a report relative to Suspending Prohibi- project to train unemployed workers for em- tions on Certain Sales and Leases Under the ployment as health care professionals, and by permitting permanent partners of Anti-Economic Discrimination Act of 1994 for other purposes; to the Committee on United States citizens and lawful per- with regards to Kuwait, Lebanon, Libya, Health, Education, Labor, and Pensions . manent residents to obtain lawful per- Qatar, Saudi Arabia, the United Arab Emir- By Ms. CANTWELL (for herself, Ms. manent resident status in the same ates, and Yemen; to the Committee on For- COLLINS, and Mr. WHITEHOUSE): manner as spouses of citizens and law- eign Relations. S. 1174. A bill to amend the Public Health ful permanent residents and to penalize EC–1785. A communication from the Assist- Service Act and the Social Security Act to ant Legal Adviser for Treaty Affairs, Depart- immigration fraud in connection with increase the number of primary care physi- permanent partnerships. ment of State, transmitting, pursuant to the cians and primary care providers and to im- Case-Zablocki Act, 1 U.S.C. 112b, as amended, prove patient access to primary care serv- S. 451 the report of the texts and background state- ices, and for other services; to the Com- At the request of Ms. COLLINS, the ments of international agreements, other mittee on Finance. names of the Senator from South Da- than treaties (List 2009–0068—2009–0073); to By Ms. CANTWELL: kota (Mr. JOHNSON), the Senator from the Committee on Foreign Relations. S. 1175. A bill to amend the Public Utility EC–1786. A communication from the Dep- Mississippi (Mr. COCHRAN), the Senator Regulatory Policies Act of 1978 to authorize uty Assistant Administrator of Diversion from Nevada (Mr. ENSIGN) and the Sen- the Secretary of Energy to make loans to Control, Drug Enforcement Administration, ator from Alaska (Mr. BEGICH) were electric utilities to carry out projects to Department of Justice, transmitting, pursu- added as cosponsors of S. 451, a bill to comply with any Federal renewable elec- ant to law, the report of a rule entitled tricity standard, and for other purposes; to require the Secretary of the Treasury ‘‘Schedules of Controlled Substances: Place- the Committee on Energy and Natural Re- to mint coins in commemoration of the ment of Lacosamide into Schedule V’’ (Dock- sources. centennial of the establishment of the et Number DEA–325) received in the Office of By Ms. CANTWELL: Girl Scouts of the United States of the President of the Senate on June 3, 2009; S. 1176. A bill to amend the Public Health to the Committee on the Judiciary. America. Service Act to promote and improve the al- S. 461 f lied health professionals; to the Committee At the request of Mrs. LINCOLN, the INTRODUCTION OF BILLS AND on Health, Education, Labor, and Pensions. names of the Senator from Iowa (Mr. JOINT RESOLUTIONS By Mr. KOHL (for himself and Mr. WYDEN): HARKIN) and the Senator from Cali- The following bills and joint resolu- S. 1177. A bill to improve consumer protec- fornia (Mrs. BOXER) were added as co- tions were introduced, read the first tions for purchasers of long-term care insur- sponsors of S. 461, a bill to amend the and second times by unanimous con- ance, and for other purposes; to the Com- Internal Revenue Code of 1986 to extend sent, and referred as indicated: mittee on Finance. and modify the railroad track mainte- By Mr. WEBB (for himself and Mr. By Mr. REID: nance credit. WARNER): S. 1166. A bill to amend the Internal Rev- S. 491 S. 1178. A bill to extend Federal recogni- enue Code of 1986 to allow taxpayers to des- At the request of Mr. WEBB, the name tion to the Chickahominy Indian Tribe, the ignate part or all of any income tax refund of the Senator from Maryland (Ms. MI- to support reservists and National Guard Chickahominy Indian Tribe-Eastern Divi- KULSKI) was added as a cosponsor of S. members; to the Committee on Finance. sion, the Upper Mattaponi Tribe, the Rappa- By Mr. THUNE (for himself, Mr. hannock Tribe, Inc., the Monacan Indian Na- 491, a bill to amend the Internal Rev- VITTER, Mr. BROWNBACK, Mr. ROB- tion, and the Nansemond Indian Tribe; to the enue Code of 1986 to allow Federal ci- ERTS, and Mr. INHOFE): Committee on Indian Affairs. vilian and military retirees to pay S. 1167. A bill to require that the Federal health insurance premiums on a pretax Government procure from the private sector f basis and to allow a deduction for the goods and services necessary for the op- TRICARE supplemental premiums. erations and management of certain Govern- S. 535 ment agencies, and for other purposes; to the SUBMISSION OF CONCURRENT AND Committee on Homeland Security and Gov- SENATE RESOLUTIONS At the request of Mr. NELSON of Flor- ida, the name of the Senator from ernmental Affairs. The following concurrent resolutions Washington (Mrs. MURRAY) was added By Mr. SCHUMER: and Senate resolutions were read, and S. 1168. A bill to authorize the acquisition as a cosponsor of S. 535, a bill to amend referred (or acted upon), as indicated: and protection of nationally significant bat- title 10, United States Code, to repeal tlefields and associated sites of the Revolu- By Mr. INHOFE (for himself, Mr. requirement for reduction of survivor BROWN, Mr. GRAHAM, Mr. KYL, Mr. tionary War and the War of 1812 under the annuities under the Survivor Benefit MENENDEZ, Mr. VITTER, Mr. American Battlefield Protection Program; to Plan by veterans’ dependency and in- the Committee on Energy and Natural Re- LIEBERMAN, Mr. COBURN, and Mr. sources. WEBB): demnity compensation, and for other By Mrs. GILLIBRAND (for herself, Ms. S. Res. 167. A bill commending the people purposes. COLLINS, Mr. CARDIN, Mr. SANDERS, who have sacrificed their personal freedoms S. 546 Mr. BROWNBACK, and Mr. SPECTER): to bring about democratic change in the Peo- At the request of Mr. REID, the S. 1169. A bill to amend title 10, United ple’s Republic of China and expressing sym- names of the Senator from California States Code, to provide for the treatment of pathy for the families of the people who were (Mrs. FEINSTEIN) and the Senator from autism under TRICARE; to the Committee killed, wounded, or imprisoned, on the occa- on Armed Services. sion of the 20th anniversary of the Colorado (Mr. UDALL) were added as co- By Ms. MURKOWSKI: Tiananmen Square Massacre in Beijing, sponsors of S. 546, a bill to amend title S. 1170. A bill to improve aviation safety in China from June 3 through 4, 1989; to the 10, United States Code, to permit cer- Alaska, and for other purposes; to the Com- Committee on Foreign Relations. tain retired members of the uniformed

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.016 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6031 services who have a service-connected (Mr. TESTER) was added as a cosponsor S. 950 disability to receive both disability of S. 769, a bill to amend title XVIII of At the request of Mrs. LINCOLN, the compensation from the Department of the Social Security Act to improve ac- name of the Senator from Hawaii (Mr. Veterans Affairs for their disability cess to, and increase utilization of, INOUYE) was added as a cosponsor of S. and either retired pay by reason of bone mass measurement benefits under 950, a bill to amend title XVIII of the their years of military service or Com- the Medicare part B program. Social Security Act to authorize phys- bat-Related Special Compensation. S. 812 ical therapists to evaluate and treat S. 565 At the request of Mr. BAUCUS, the Medicare beneficiaries without a re- At the request of Mr. DURBIN, the names of the Senator from North Caro- quirement for a physician referral, and name of the Senator from Maine (Ms. lina (Mr. BURR) and the Senator from for other purposes. COLLINS) was added as a cosponsor of S. Georgia (Mr. ISAKSON) were added as S. 982 565, a bill to amend title XVIII of the cosponsors of S. 812, a bill to amend the At the request of Mr. SPECTER, his Social Security Act to provide contin- Internal Revenue Code of 1986 to make name was added as a cosponsor of S. ued entitlement to coverage for im- permanent the special rule for con- 982, a bill to protect the public health munosuppressive drugs furnished to tributions of qualified conservation by providing the Food and Drug Ad- beneficiaries under the Medicare Pro- contributions. ministration with certain authority to gram that have received a kidney At the request of Mr. THUNE, his regulate tobacco products. transplant and whose entitlement to name was added as a cosponsor of S. S. 1023 coverage would otherwise expire, and 812, supra. for other purposes. At the request of Mr. DORGAN, the S. 823 names of the Senator from South Da- S. 581 At the request of Ms. SNOWE, the kota (Mr. JOHNSON) and the Senator At the request of Mr. BENNET, the name of the Senator from Idaho (Mr. name of the Senator from Maryland from South Carolina (Mr. GRAHAM) RISCH) was added as a cosponsor of S. were added as cosponsors of S. 1023, a (Mr. CARDIN) was added as a cosponsor 823, a bill to amend the Internal Rev- bill to establish a non-profit corpora- of S. 581, a bill to amend the Richard B. enue Code of 1986 to allow a 5-year Russell National School Lunch Act and tion to communicate United States carryback of operating losses, and for entry policies and otherwise promote the Child Nutrition Act of 1966 to re- other purposes. quire the exclusion of combat pay from leisure, business, and scholarly travel S. 832 income for purposes of determining eli- to the United States. At the request of Mr. NELSON of Flor- gibility for child nutrition programs S. 1026 ida, the name of the Senator from and the special supplemental nutrition At the request of Mr. CORNYN, the Maine (Ms. SNOWE) was added as a co- program for women, infants, and chil- names of the Senator from Oklahoma sponsor of S. 832, a bill to amend title dren. (Mr. COBURN), the Senator from Kansas 36, United States Code, to grant a Fed- (Mr. BROWNBACK), the Senator from S. 614 eral charter to the Military Officers At the request of Mrs. HUTCHISON, the Georgia (Mr. ISAKSON) and the Senator Association of America, and for other name of the Senator from Pennsyl- from Connecticut (Mr. LIEBERMAN) purposes. vania (Mr. CASEY) was added as a co- were added as cosponsors of S. 1026, a sponsor of S. 614, a bill to award a Con- S. 837 bill to amend the Uniformed and Over- gressional Gold Medal to the Women At the request of Mr. BROWNBACK, the seas Citizens Absentee Voting Act to Airforce Service Pilots (‘‘WASP’’). name of the Senator from Missouri improve procedures for the collection (Mr. BOND) was added as a cosponsor of S. 645 and delivery of marked absentee bal- S. 837, a bill to require that North At the request of Mrs. LINCOLN, the lots of absent overseas uniformed serv- name of the Senator from Colorado Korea be listed as a state sponsor of ice voters, and for other purposes. terrorism, to ensure that human rights (Mr. UDALL) was added as a cosponsor S. 1048 is a prominent issue in negotiations be- of S. 645, a bill to amend title 32, At the request of Mr. HARKIN, the United States Code, to modify the De- tween the United States and North Korea, and for other purposes. name of the Senator from Illinois (Mr. partment of Defense share of expenses BURRIS) was added as a cosponsor of S. S. 891 under the National Guard Youth Chal- 1048, a bill to amend the Federal Food, lenge Program. At the request of Mr. BROWNBACK, the Drug, and Cosmetic Act to extend the name of the Senator from Maryland S. 663 food labeling requirements of the Nu- At the request of Mr. NELSON of Ne- (Mr. CARDIN) was added as a cosponsor trition Labeling and Education Act of braska, the names of the Senator from of S. 891, a bill to require annual disclo- 1990 to enable customers to make in- Florida (Mr. MARTINEZ) and the Sen- sure to the Securities and Exchange formed choices about the nutritional ator from Rhode Island (Mr. REED) Commission of activities involving co- content of standard menu items in were added as cosponsors of S. 663, a lumbite-tantalite, cassiterite, and large chain restaurants. wolframite from the Democratic Re- bill to amend title 38, United States S. 1064 Code, to direct the Secretary of Vet- public of Congo, and for other purposes. At the request of Mr. LIEBERMAN, the erans Affairs to establish the Merchant S. 934 name of the Senator from Wisconsin Mariner Equity Compensation Fund to At the request of Mr. HARKIN, the (Mr. FEINGOLD) was added as a cospon- provide benefits to certain individuals names of the Senator from Hawaii (Mr. sor of S. 1064, a bill to amend the who served in the United States mer- INOUYE), the Senator from Michigan American Recovery and Reinvestment chant marine (including the Army (Mr. LEVIN), the Senator from North Act of 2009 to provide for enhanced Transport Service and the Naval Dakota (Mr. DORGAN), the Senator State and local oversight of activities Transport Service) during World War from Vermont (Mr. SANDERS), the Sen- conducted under such Act, and for II. ator from Wisconsin (Mr. FEINGOLD), other purposes. S. 718 the Senator from Massachusetts (Mr. S. 1066 At the request of Mr. HARKIN, the KERRY) and the Senator from Delaware name of the Senator from Vermont (Mr. CARPER) were added as cosponsors At the request of Mr. SCHUMER, the (Mr. SANDERS) was added as a cospon- of S. 934, a bill to amend the Child Nu- name of the Senator from Montana sor of S. 718, a bill to amend the Legal trition Act of 1966 to improve the nu- (Mr. TESTER) was added as a cosponsor Services Corporation Act to meet spe- trition and health of schoolchildren of S. 1066, a bill to amend title XVIII of cial needs of eligible clients, provide and protect the Federal investment in the Social Security Act to preserve ac- for technology grants, improve cor- the national school lunch and break- cess to ambulance services under the porate practices of the Legal Services fast programs by updating the national Medicare program. Corporation, and for other purposes. school nutrition standards for foods S. 1067 S. 769 and beverages sold outside of school At the request of Mr. FEINGOLD, the At the request of Mrs. LINCOLN, the meals to conform to current nutrition name of the Senator from Maryland name of the Senator from Montana science. (Mr. CARDIN) was added as a cosponsor

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.018 S03JNPT1 jbell on PROD1PC69 with SENATE S6032 CONGRESSIONAL RECORD — SENATE June 3, 2009 of S. 1067, a bill to support stabilization supporting the Local Radio Freedom Yet in volunteering, many of our Cit- and lasting peace in northern Uganda Act. izen-Soldiers are financially penalized and areas affected by the Lord’s Resist- S. RES. 71 for their service. Far too frequently, ance Army through development of a At the request of Mr. WYDEN, the when a Service Member is mobilized in regional strategy to support multilat- name of the Senator from Maryland service to their state or our nation, eral efforts to successfully protect ci- (Mr. CARDIN) was added as a cosponsor they suffer a financial burden in the re- vilians and eliminate the threat posed of S. Res. 71, a resolution condemning duced pay received while mobilized. A by the Lord’s Resistance Army and to the Government of Iran for its state- National Guard medic might earn authorize funds for humanitarian relief sponsored persecution of the Baha’i mi- much less while he or she is deployed and reconstruction, reconciliation, and nority in Iran and its continued viola- in Afghanistan than they did working a transitional justice, and for other pur- tion of the International Covenants on full-time job in a Nevada hospital. This poses. Human Rights. legislation gives American taxpayers the option of contributing money to S. 1076 S. RES. 142 help our military families to make up At the request of Mr. MENENDEZ, the At the request of Mr. ENZI, the names name of the Senator from Pennsyl- for wages lost during a deployment. of the Senator from Nebraska (Mr. The bill I am introducing today al- vania (Mr. CASEY) was added as a co- JOHANNS), the Senator from Kansas lows Americans to designate all or a sponsor of S. 1076, a bill to improve the (Mr. ROBERTS) and the Senator from portion of their income tax refunds to accuracy of fur product labeling, and Idaho (Mr. RISCH) were added as co- the Reserve Income Replacement Pro- for other purposes. sponsors of S. Res. 142, a resolution gram. The Program is a compensation S. 1103 designating July 25, 2009, as ‘‘National that must be paid to all eligible Serv- At the request of Mr. VITTER, the Day of the American ’’. ice Members when they incur a loss in name of the Senator from Arizona (Mr. AMENDMENT NO. 1229 monthly income as a result of a mobili- KYL) was added as a cosponsor of S. At the request of Mr. VITTER, his zation. The funds that volunteers do- 1103, a bill to amend the Help America name was added as a cosponsor of nate will be transferred from the Vote Act of 2002 to establish standards amendment No. 1229 intended to be pro- Treasury Department to this program, for the distribution of voter registra- posed to H.R. 1256, to protect the public which was developed specifically to tion application forms and to require health by providing the Food and Drug provide payments to eligible members organizations to register with the Administration with certain authority of the National Guard and Reserve who State prior to the distribution of such to regulate tobacco products, to amend are involuntary serving on active-duty forms. title 5, United States Code, to make and who are experiencing a monthly S. 1113 certain modifications in the Thrift active-duty income differential of more At the request of Mr. PRYOR, the Savings Plan, the Civil Service Retire- than $50. In 2007, the IRS issued 106 name of the Senator from Louisiana ment System, and the Federal Employ- million refunds that totaled $246 billion (Mr. VITTER) was added as a cosponsor ees’ Retirement System, and for other with the average refund coming in at of S. 1113, a bill to amend title 49, purposes. $2,342. Even a small percentage of this United States Code, to direct the Sec- At the request of Mr. DORGAN, the amount could make a significant dif- retary of Transportation to establish names of the Senator from Iowa (Mr. ference in the lives of these reservist and maintain a national clearinghouse GRASSLEY) and the Senator from Wis- and National Guard families. for records related to alcohol and con- consin (Mr. FEINGOLD) were added as The financial stress of deployments trolled substances testing of commer- cosponsors of amendment No. 1229 in- during a recession has placed enormous cial motor vehicle operators, and for tended to be proposed to H.R. 1256, pressures on our National Guard and other purposes. supra. Reserve Service Members and their families. Many of these members are S. 1121 f returning from war only to find their At the request of Mr. HARKIN, the STATEMENTS ON INTRODUCED businesses facing extreme difficulty. name of the Senator from Massachu- BILLS AND JOINT RESOLUTIONS This bill would not only assist the setts (Mr. KENNEDY) was added as a co- Guard with monetary resources, but it sponsor of S. 1121, a bill to amend part By Mr. REID: would also rightfully focus more atten- D of title V of the Elementary and Sec- S. 1166. A bill to amend the Internal tion on the financial struggles that our ondary Education Act of 1965 to pro- Revenue Code of 1986 to allow tax- brave and dedicated citizen Soldiers vide grants for the repair, renovation, payers to designate part or all of any and Airmen undertake in defense of our and construction of elementary and income tax refund to support reservists country. With this legislation, we can secondary schools, including early and National Guard members; to the show them that their service is not learning facilities at the elementary Committee on Finance. taken for granted. schools. Mr. REID. Mr President, I rise today to introduce legislation to help reduce Mr. President, I ask unanimous con- S. 1147 the financial burden placed on our Re- sent that the text of the bill be printed At the request of Mr. KOHL, the serve and National Guard troops and in the RECORD. names of the Senator from New York their families. More than a quarter of a There being no objection, the text of (Mrs. GILLIBRAND) and the Senator million have deployed in support of op- the bill was ordered to be printed in from New York (Mr. SCHUMER) were erations in Iraq and Afghanistan, and the RECORD, as follows: added as cosponsors of S. 1147, a bill to we must make it a priority to honor S. 1166 prevent tobacco smuggling, to ensure their service at home. Be it enacted by the Senate and House of Rep- the collection of all tobacco taxes, and Nevada alone has more than three resentatives of the United States of America in for other purposes. thousand Guards men and women, and Congress assembled, S. 1148 SECTION 1. SHORT TITLE. a thousand Reservists—many of whom This Act may be cited as the ‘‘Voluntary At the request of Mr. GRASSLEY, the work full-time jobs when they are not Support for Reservists and National Guard names of the Senator from Kansas (Mr. on active duty. Since September 11th, Members Act’’. BROWNBACK) and the Senator from Ne- our National Guard and Reserve Troops SEC. 2. DESIGNATION OF OVERPAYMENTS TO braska (Mr. JOHANNS) were added as co- have significantly increased their de- SUPPORT RESERVISTS AND NA- sponsors of S. 1148, a bill to amend the ployments beyond what had been fore- TIONAL GUARD MEMBERS. (a) DESIGNATION.—Subchapter A of chapter Clean Air Act to modify a provision re- casted, advertised or expected. They lating to the renewable fuel program. 61 of the Internal Revenue Code of 1986 is have continued their engagements amended by adding at the end the following S. CON. RES. 14 around the globe while still responding new part: At the request of Mr. BARRASSO, the to historic callouts in support of dis- ‘‘PART IX—DESIGNATION OF OVERPAY- name of the Senator from Kansas (Mr. aster relief. MENTS TO RESERVE INCOME REPLACE- ROBERTS) was added as a cosponsor of In our Democracy, we enjoy the lux- MENT PROGRAM S. Con. Res. 14, a concurrent resolution ury of an all-volunteer military force. ‘‘Sec. 6097. Designation.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0655 E:\CR\FM\A03JN6.020 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6033 ‘‘SEC. 6097. DESIGNATION. cost-based reimbursement from Medi- ployment across this country, I have ‘‘(a) IN GENERAL.—In the case of an indi- care. The reimbursement that CAHs re- tried to broaden the bill to cover work- vidual, with respect to each taxpayer’s re- ceive is intended to improve their fi- ers from all sectors. According to the turn for the taxable year of the tax imposed by chapter 1, such taxpayer may designate nancial performance and thereby re- Department of Labor, in the last year that a specified portion (not less than $5) of duce hospital closures. CAHs are cer- the number of unemployed people in any overpayment of tax for such taxable tified under a different set of Medicare the United States has increased by 6 year be paid over to the Reserve Income Re- conditions of participation that are million. In April alone, private sector placement Program (RIRP) under section 910 more flexible than those used for acute employment fell by 539,000, bringing of title 37, United States Code. care hospitals. In order for a hospital the unemployment rate to 8.9 percent. ‘‘(b) MANNER AND TIME OF DESIGNATION.—A to be classified as a CAH, it must meet In my home State of Wisconsin, the un- designation under subsection (a) may be a number of conditions including a dis- employment rate is up to 8.8 percent. made with respect to any taxable year only In Wisconsin, we have seen the loss of at the time of filing the return of the tax im- tance requirement that it must be 35 posed by chapter 1 for such taxable year. miles away from the nearest hospital. many manufacturing jobs, including at Such designation shall be made in such man- Prior to enactment of the 2003 Medi- the idled General Motors automobile ner as the Secretary prescribes by regula- care Modernization Act, MMA, hos- assembly plant in my hometown of tions except that such designation shall be pitals that were designated as ‘‘nec- Janesville, and in Kenosha, where made either on the first page of the return or essary providers’’ by a State could be Chrysler recently announced that the on the page bearing the taxpayer’s signature. exempt from the distance requirement. Kenosha Chrysler plant will cease pro- ‘‘(c) OVERPAYMENTS TREATED AS RE- I am joining with Senators duction in 2010. But these large fac- FUNDED.—For purposes of this title, any por- BROWNBACK, BAYH, and ISAKSON today tories are just the tip of the iceberg. tion of an overpayment of tax designated Some small manufacturing businesses under subsection (a) shall be treated as— to introduce legislation that restores a ‘‘(1) being refunded to the taxpayer as of state’s authority to waive the mileage are also going out of business in com- the last date prescribed for filing the return requirements if all other requirements munities around Wisconsin, and others of tax imposed by chapter 1 (determined are met and the State designates the are struggling to survive. without regard to extensions) or, if later, the facility as a necessary provider. Exist- In addition, the economic troubles in date the return is filed, and ing requirements that cannot be the last few years have permeated ‘‘(2) a contribution made by such taxpayer waived include requiring that CAHs be other industries besides manufac- on such date to the United States.’’. nonprofit or public hospitals in a rural turing, including construction, busi- (b) TRANSFERS TO RESERVE INCOME RE- ness, and also the retail industry. PLACEMENT PROGRAM.—The Secretary of the area, offer 24-hour emergency room services, and have no more than 25 The people in my State are facing Treasury shall, from time to time, transfer tough economic challenges, but they to the Reserve Income Replacement Pro- acute care inpatient beds. gram (RIRP) under section 910 of title 37, There are at least two communities are meeting them head-on. Wisconsin United States Code, the amounts designated in my State where changing conditions has a determined workforce that is a under section 6097 of the Internal Revenue are threatening small town hospitals, tremendous asset as we look to rebuild Code of 1986, under regulations jointly pre- and restoring the flexibility for States this economy. These talented, hard- scribed by the Secretary of the Treasury and to make exemptions for the distance working people are ready, willing, and the Secretary of Defense. requirement would help residents of able to work, and Congress should be (c) CLERICAL AMENDMENT.—The table of these communities continue to be able doing more to help connect them with parts for subchapter A of chapter 61 of the jobs in growing industries. Internal Revenue Code of 1986 is amended by to receive necessary medical care from adding at the end the following new item: a local hospital. I know from talking to That is exactly what I am proposing to do as I introduce this Community- ‘‘PART IX. DESIGNATION OF OVERPAYMENTS TO my colleagues in the Senate and to Based Health Care Retraining Act. RESERVE INCOME REPLACEMENT PROGRAM’’. health care providers that this is the This bill will help more dislocated (d) EFFECTIVE DATE.—The amendments case throughout rural America. In re- made by this section shall apply to taxable cent years, there have been legislative workers find jobs in the growing health years beginning after December 31, 2009. efforts for single hospitals to be singled care industry. My bill would create $25 out and granted an exemption to the million in grants to help workforce de- By Mr. PRYOR (for himself, Mr. distance requirement. I believe the velopment boards in our communities BROWNBACK, Mr. BAYH, Mr. best way to address this problem is to identify health care job openings and ISAKSON, Mr. CHAMBLISS, Mr. have a uniform national policy that train people for these positions. This LUGAR, and Mr. INHOFE): gives States the flexibility they need. bill is also paid for, so it won’t increase S. 1171. A bill to amend title XVIII of I want to thank Senators the deficit. This bill is a small step to- the Social Security Act to restore BROWNBACK, BAYH, ISAKSON, and ward two critically important goals: State authority to waive the 35–mile CHAMBLISS for their work, leadership helping the hard-working Americans rule for designating critical access hos- and support on this very important leg- whose jobs have disappeared and pro- pitals under the Medicare Program; to islation, and I urge the rest of my col- viding all Americans with the health the Committee on Finance. leagues to support this effort. care they deserve. Mr. PRYOR. Mr. President, I rise The Community-Based Health Care today to introduce legislation with By Mr. FEINGOLD: Retraining Act puts control in the Senators BROWNBACK, BAYH, ISAKSON, S. 1173. A bill to establish a dem- hands of the local communities. It al- and CHAMBLISS. The Critical Access onstration project to train unemployed lows local workforce development Flexibility Act of 2009 will return to workers for employment as health care boards to partner with institutions of States the flexibility needed to help professionals, and for other purposes; higher education and other community preserve local hospitals that serve to the Committee on Health, Edu- leaders to design programs that can re- rural communities. cation, Labor, and Pensions. train dislocated workers for jobs in the Hospitals are often the largest em- Mr. FEINGOLD. Mr. President, today health care industry. Allowing the ployers in rural America. They provide I introduce the Community-Based local workforce boards and their part- much needed jobs and are facing seri- Health Care Retraining Act, which ners to apply for the grant funds and ous financial difficulties during this would amend the Workforce Invest- design the programs means that each economic downturn. Without imme- ment Act to help communities with community can use the funds dif- diate relief, many small hospitals are both significant job losses and short- ferently to address the specific needs it at serious risk of closure, job loss, or ages in the health care professions cre- faces. Particularly in such challenging reductions in patient services. Rural ate programs to retrain displaced economic times, I think a one-size-fits- areas most often have sicker, older, workers for high-demand health care all approach will not work; commu- and poorer populations. In these dif- jobs. I have introduced similar legisla- nities know best about the resources ficult times, it is crucial that we pro- tion in the past to help workers who they need to run an efficient program. tect hospitals serving our rural com- are displaced from the manufacturing I believe the Federal programs should munities. and service sectors. be flexible enough to allow partner- A Critical Access Hospital, CAH, is a In light of the state of our economy ships to tailor the programs to meet hospital that is certified to receive and the tremendous increase in unem- the needs of individual communities.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.023 S03JNPT1 jbell on PROD1PC69 with SENATE S6034 CONGRESSIONAL RECORD — SENATE June 3, 2009 For years, despite limited resources Mr. President, I ask unanimous con- ‘‘(III) the delivery of dental services; or and increases in demand for their serv- sent that the text of the bill and a list ‘‘(IV) rehabilitation and health systems ices, our workforce development boards of supporters be printed in the RECORD. management; and have worked tirelessly to retrain work- There being no objection, the mate- ‘‘(ii) includes individuals in health care ers for new employment. These boards rial was ordered to be printed in the professions for which there is a shortage in the community involved, as determined by RECORD, as follows: are a tremendous asset for local econo- the Secretary of Health and Human Services mies, bringing together members of the S. 1173 (in consultation with the medical commu- labor, business, education, and other Be it enacted by the Senate and House of Rep- nity) or as otherwise demonstrated by the communities to ensure that the boards resentatives of the United States of America in applicant. are doing their best to provide the Congress assembled, ‘‘(D) TRIBAL COLLEGE OR UNIVERSITY.—The most valuable services and training. In SECTION 1. SHORT TITLE. term ‘tribal college or university’ means a Wisconsin, workforce development This Act may be cited as the ‘‘Community- Tribal College or University, as defined in boards are leading the way in finding Based Health Care Retraining Act’’. section 316(b) of the Higher Education Act of SEC. 2. HEALTH PROFESSIONS TRAINING DEM- 1965 (20 U.S.C. 1059c(b)). innovative solutions to retraining ONSTRATION PROJECT. ‘‘(2) ESTABLISHMENT OF PROJECT.—In ac- workers for new careers on shoestring Section 171 of the Workforce Investment cordance with subsection (b), the Secretary budgets. I look forward to the long Act of 1998 (29 U.S.C. 2916) is amended by add- shall establish and carry out a health profes- overdue reauthorization of the Work- ing at the end the following: ‘‘(f) HEALTH PROFESSIONS TRAINING DEM- sions training demonstration project. force Investment Act this year and to ‘‘(3) GRANTS.—In carrying out the project, the opportunity to provide better sup- ONSTRATION PROJECT.— ‘‘(1) DEFINITIONS.—In this subsection: the Secretary, after consultation with the port for these boards. ‘‘(A) COVERED COMMUNITY.—The term ‘cov- Secretary of Health and Human Services, I wish to take this time to commend ered community’ means a community or re- shall make grants to eligible entities to pay the leaders of these boards in Wis- gion— for the Federal share of the cost of enabling consin and across the country for their ‘‘(i) that has experienced a significant per- the entities to carry out programs in covered dedication and hard work. Workforce centage decline in rates of employment; and communities to train covered workers for development agencies in Wisconsin ‘‘(ii)(I) that is determined by the Secretary employment as health care professionals (re- have already been training people for of Health and Human Services (in consulta- ferred to in this subsection as ‘training pro- tion with the medical community) to be an grams’). The Secretary shall make each health care jobs. But in these difficult grant in an amount of not less than $100,000 times, we have to do more to support area with a shortage of health care profes- sionals described in subparagraph (C)(i); or and not more than $500,000, and each such our communities in these efforts. We ‘‘(II) that is underserved by the health care grant shall be for a period of 5 years. must do our best to ensure that com- structure, such as a rural community, a ‘‘(4) ELIGIBLE ENTITIES.—Notwithstanding munities across the country have the community with a significant minority pop- subsection (b)(2)(B), to be eligible to receive resources they need to help employ ulation, or a community for which an appli- a grant under this subsection to carry out a more dislocated workers. cant can otherwise demonstrate need for in- training program in a covered community, As we face the challenge of helping creased training for health care profes- an entity shall be a partnership that consists Americans who lose jobs, we must look sionals. of— to industries that continue to grow and ‘‘(B) COVERED WORKER.—The term ‘covered ‘‘(A) a local workforce investment board worker’ means an individual who— established under section 117 that is serving demand more workers. As many of my ‘‘(i)(I) has been terminated or laid off, or the covered community; and colleagues know, there is, in fact, a who has received a notice of termination or ‘‘(B) an institution of higher education, as real shortage of health care workers in layoff; defined in sections 101 and 102 of the Higher the United States. Congress continues ‘‘(II)(aa) is eligible for or has exhausted en- Education Act of 1965 (20 U.S.C. 1001, 1002), in to fund programs that address nursing titlement to unemployment compensation; partnership with at least 1 of the following: shortages and recently provided stim- or ‘‘(i) A health clinic or hospital. ulus funds for health care retraining, ‘‘(bb) has been employed for a duration suf- ‘‘(ii) A home-based or community-based but we need to develop longer term and ficient to demonstrate, to the appropriate long-term care facility or program. wider ranging programs. Shortages of entity at a one-stop center referred to in sec- ‘‘(iii) A health care facility administered tion 134(c), attachment to the workforce, but by the Secretary of Veterans Affairs. health care professionals of all sorts is not eligible for unemployment compensa- ‘‘(iv) A tribal college or university. pose a real threat to the health of our tion due to insufficient earnings or having ‘‘(v) A labor organization, or an industry or communities by impacting access to performed services for an employer that were industry group. timely, high-quality health care. not covered under a State unemployment ‘‘(vi) A local economic development entity As Congress looks forward to reform- compensation law; and serving the covered community. ing our Nation’s health care system, ‘‘(III) is unlikely to return to a previous in- ‘‘(vii) A joint labor-management partner- we must also ensure that there are dustry or occupation; ship. enough trained professionals to provide ‘‘(ii)(I) has been terminated or laid off, or ‘‘(5) APPLICATIONS.—To be eligible to re- services. According to the Bureau of has received a notice of termination or lay- ceive a grant under this subsection, an enti- off, as a result of any permanent closure of, ty shall submit an application to the Sec- Labor Statistics, we are going to need or any substantial layoff at, a plant, facility, retary at such time, in such manner, and an additional 700,000 nursing aides, or enterprise; or containing such information as the Sec- home health aides, and other health ‘‘(II) is employed at a facility at which the retary may require, including, at a min- professionals in long-term care before employer has made a general announcement imum— the year 2016. that such facility will close within 180 days; ‘‘(A) a proposal to use the grant funds to This bill will help provide commu- or establish or expand a training program in nities with the resources they need to ‘‘(iii) is an incumbent worker employed in order to train covered workers for employ- run retraining programs for the health a health care profession, and whose training ment as health care professionals, including professions. will provide an opportunity for employment information that demonstrates the long- Partnerships funded by the legisla- of other individuals by increasing— term viability of the training program be- tion will be able to use these funds for ‘‘(I) the number of instructors serving the yond the period of the grant; covered community; or ‘‘(B) information demonstrating the need a variety of purposes, including for im- ‘‘(II) the number of vacant positions in the for the training and support services to be plementing training programs, pro- covered community. provided through the training program; viding tuition assistance, providing ‘‘(C) HEALTH CARE PROFESSIONAL.—The ‘‘(C) information describing the manner in transportation assistance, and also to term ‘health care professional’— which the entity will expend the grant funds, increase capacity for existing training ‘‘(i) means an individual who is involved and the activities to be carried out with the programs that are already working but with— funds; could use more resources. ‘‘(I) the delivery of health care services, or ‘‘(D) information demonstrating that the We must ensure we are doing what related services, pertaining to— entity meets the requirements of paragraph we can to train laid-off Americans into ‘‘(aa) the identification, evaluation, man- (4); agement, and prevention of diseases, dis- ‘‘(E) with respect to training programs car- fields such as health care that continue orders, or injuries; or ried out by the applicant, information— to demand more workers, and this ‘‘(bb) home-based or community-based ‘‘(i) on the graduation rates of the training Community-Based Health Care Re- long-term care; programs involved; training Act takes a small but impor- ‘‘(II) the delivery of dietary and nutrition ‘‘(ii) on the retention measures carried out tant step toward that goal. services; by the applicant;

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.036 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6035 ‘‘(iii) on the length of time necessary to need to spend more than 50 percent of the By Ms. CANTWELL (for herself, Ms. complete the training programs of the appli- grant funds on activities described in sub- COLLINS, and Mr. WHITEHOUSE): cant; and paragraph (A)(iii). S. 1174. A bill to amend the Public ‘‘(iv) on the number of qualified covered ‘‘(8) FEDERAL SHARE.— Health Service Act and the Social Se- workers that are refused admittance into the ‘‘(A) IN GENERAL.—The Federal share of the training programs because of lack of capac- cost described in paragraph (3) shall be— curity Act to increase the number of ity; and ‘‘(i) for the first year of the grant period, 95 primary care physicians and primary ‘‘(F) a description of how the applicant has percent; care providers and to improve patient engaged all relevant stakeholders, including ‘‘(ii) for the second such year, 85 percent; access to primary care services, and for the health care industry to be served by the ‘‘(iii) for the third such year, 75 percent; other services; to the Committee on Fi- training program, local labor organizations ‘‘(iv) for the fourth such year, 65 percent; nance. and other workforce groups, and local indus- and Ms. CANTWELL. Mr. President, I try, in the design of the training program to ‘‘(v) for the fifth such year, 55 percent. rise today to introduce the Preserving be served with grant funds. ‘‘(B) NON-FEDERAL SHARE.—The eligible en- Patient Access to Primary Care Act of ‘‘(6) SELECTION.—In making grants under tity shall provide the non-Federal share of paragraph (3), the Secretary, after consulta- the cost in cash or in kind, fairly evaluated, 2009, together with my colleagues from tion with the Secretary of Health and including plant, equipment, or services. Maine, Senator SUSAN COLLINS, and Human Services, shall— ‘‘(9) EVALUATION.— from Rhode Island, Senator SHELDON ‘‘(A) consider the information submitted ‘‘(A) IN GENERAL.—Under the Secretary’s WHITEHOUSE. As we set about the ur- by the eligible entities under paragraph existing authority under section 172, not gently important business of health (5)(E); more than 1 percent of the funds provided care reform, we will be hearing a lot ‘‘(B) select— under this subsection shall be used for eval- ‘‘(i) eligible entities submitting applica- about the uninsured. But there is an- uation of the training programs described in other urgent problem in our health tions that meet such criteria as the Sec- paragraph (3). Eligible entities receiving retary of Labor determines to be appro- grants under this section shall use not more care system: the underserved. We must priate; and than 1 percent of the grant funds for pur- address both problems as we set about ‘‘(ii) among such entities, the eligible enti- poses of evaluation or documentation of the reforming the health care system. ties serving the covered communities with training programs. It does you little good to have health the greatest need for the grants and the ‘‘(B) CONTENTS.—In conducting an evalua- care insurance if the nearest primary greatest potential to benefit from the grants; tion under subparagraph (A), an eligible enti- care physician is hundreds of miles and ty shall provide data detailing the success of away. ‘‘(C) give preference to eligible entities— the training program carried out by the enti- ‘‘(i) submitting applications to serve cov- This bipartisan proposal sets out a ty under paragraph (3), including— multifaceted approach to supporting ered workers who have been terminated or ‘‘(i) information on the number and per- laid off or have received a notice of termi- centage of participating covered workers and expanding our primary care work- nation or layoff from a manufacturing, serv- who complete a training program, including force as well as enhancing the coordi- ice, or construction industry, or another in- those who earn a degree or certificate nation of care within our health care dustry with significant decline in employ- through such training programs; system. I am grateful for the input and ment as determined by the Secretary; and ‘‘(ii) information on the rate of employ- ‘‘(ii) with a demonstrated history of simi- collaboration of key health-care stake- ment of covered workers who have com- lar and successful partnerships with State holders in Washington state that has pleted the training program; boards or local boards, institutions of higher helped make this legislation possible. ‘‘(iii) an assessment of how well the needs education (as defined in paragraph (4)(B)), in- In my state, we know it is possible to of the health care community were addressed dustry groups, and labor organizations. by the training program; and both increase health care quality while ‘‘(7) USE OF FUNDS.— ‘‘(iv) any other data determined to be rel- also lowering costs, all within an inte- ‘‘(A) IN GENERAL.—An entity that receives evant by the entity to demonstrate the suc- grated system that places a priority on a grant under this subsection shall use the expanding our primary care workforce funds made available through the grant for cess of the training program. training and support services that meet the ‘‘(C) REPORT.—The Secretary shall compile and protecting patients’ relationships needs described in the application submitted the information resulting from the evalua- with their doctors. under paragraph (5), which may include— tion or documentation conducted under sub- A dramatic increase in the primary ‘‘(i) implementing training programs for paragraph (A), and shall submit a report to care physician workforce will be need- covered workers; Congress containing the information. ed. My legislation not only addresses ‘‘(ii) providing support services for covered ‘‘(10) FUNDING.—Of the amounts appro- priated to, and available at the discretion of, the needs of those individuals to whom workers participating in the training pro- health insurance coverage will be ex- grams, such as— the Secretary or the Secretary of Health and ‘‘(I) providing tuition assistance; Human Services for programmatic and ad- tended but also of those who are cur- ‘‘(II) establishing or expanding distance ministrative expenditures, a total of rently insured but who live in areas un- education programs; $25,000,000 shall be used to establish and derserved by our current health care ‘‘(III) providing transportation assistance; carry out the demonstration project de- system. or scribed in paragraph (2) in accordance with I believe we can address this problem ‘‘(IV) providing child care; or this subsection.’’. by adopting long overdue reforms to ‘‘(iii) increasing capacity, subject to sub- Service Employees International Union improve pay levels for primary care paragraph (B), at an educational institution providers while also taking measures or training center to train individuals for (SEIU), Wisconsin Hospital Association, Wis- consin Workforce Development Association, employment as health professionals, such as to ensure an adequate primary care University of Wisconsin System, Southwest by— workforce, particularly in rural areas. Wisconsin Workforce Development Board, ‘‘(I) expanding a facility, subject to sub- As more Americans gain health care Workforce Development Board of South Cen- paragraph (B); coverage, the experts estimate there tral Wisconsin, Moraine Park Technical Col- ‘‘(II) expanding course offerings; lege, Gundersen Lutheran, American Health will be a shortage of 46,000 primary ‘‘(III) hiring faculty; Care Association, South Central AHEC, care physicians available to care for ‘‘(IV) providing a student loan repayment Rural Wisconsin Health Cooperative, Na- the influx of patients by the year 2025. program for the faculty; tional Rural Recruitment and Retention As the need grows, the number of med- ‘‘(V) establishing or expanding clinical Network (3RNet), American Indian Higher ical students choosing primary care is education opportunities; Education Consortium, Wisconsin ‘‘(VI) purchasing equipment, such as com- rapidly dwindling. Indianhead Technical College, Madison Area Detailed studies from the Center for puters, books, clinical supplies, or a patient Technical College, Wisconsin Community simulator; or Action Program Association (WISCAP), Evaluative Clinical Sciences at Dart- ‘‘(VII) conducting recruitment. UMOS, Fox Valley Technical College, Co- mouth and the Commonwealth Fund ‘‘(B) LIMITATION.—Any such grant funds lumbia County Economic Development Cor- found that populations with ready ac- that are used to expand facilities may only poration, Lakeshore Technical College, cess to primary care physicians realize be used to rent or modernize existing facili- Western Technical College, Workforce Con- improved health outcomes, reduced ties, not to build additional facilities. The nections Inc., Blackhawk Technical College, mortality, lower utilization of health entity shall use not less than 50 percent of Mid-State Technical College, Northeast Wis- the grant funds to carry out activities de- consin Technical College, Southwest Tech- care resources, and lower overall costs scribed in clause (i) or (ii) of subparagraph nical College, Chippewa Valley Technical of care. Yet despite what we know, all (A), unless the entity demonstrates, in the College, Northcentral Technical College, across this country, we are failing to application submitted under paragraph (5), a Gateway Technical College. realize the benefits of primary care and

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.026 S03JNPT1 jbell on PROD1PC69 with SENATE S6036 CONGRESSIONAL RECORD — SENATE June 3, 2009 a system of having a primary care phy- Sec. 305. Permanent extension of floor on (5) Primary care physicians serve as the sician coordinate a patient’s health Medicare work geographic ad- point of first contact for most patients and care needs. This bill includes several justment under the Medicare are able to coordinate the care of the whole key provisions aimed at achieving a physician fee schedule. person, reducing unnecessary care and dupli- Sec. 306. Permanent extension of Medicare cative testing. high quality, more comprehensive inte- incentive payment program for (6) Primary care physicians and primary grated health system. physician scarcity areas. care providers practicing preventive care, in- Specific provisions include: scholar- Sec. 307. HHS study and report on the proc- cluding screening for illness and treating dis- ship and loan repayment opportunities ess for determining relative eases, can help prevent complications that for primary care providers who serve in value under the Medicare physi- result in more costly care. areas with critical shortages of pri- cian fee schedule. (7) Patients with primary care physicians mary care services. New residency posi- Subtitle B—Preventive Services or primary care providers have lower health tions for primary care with a focus on Sec. 311. Eliminating time restriction for care expenditures and primary care is cor- related with better health status, lower over- more opportunities to train in ambula- initial preventive physical ex- amination. all mortality, and longer life expectancy. tory care settings—including commu- Sec. 312. Elimination of cost-sharing for pre- (8) Higher proportions of primary care phy- nity in health centers. Increased reim- ventive benefits under the sicians are associated with significantly re- bursements for primary care providers. Medicare program. duced utilization. Medicare payments for care coordina- Sec. 313. HHS study and report on facili- (9) The United States has a higher ratio of tion services, and bonus payments to tating the receipt of Medicare specialists to primary care physicians than providers who serve as integrated pa- preventive services by Medicare other industrialized nations and the popu- tient-centered medical homes. Im- beneficiaries. lation of the United States is growing faster Subtitle C—Other Provisions than the expected rate of growth in the sup- proved access to primary care for sen- ply of primary care physicians. iors by eliminating copayments for Sec. 321. HHS study and report on improving the ability of physicians and (10) The number of Americans age 65 and preventives care services in Medicare. older, those eligible for Medicare and who I look forward to working with my primary care providers to assist Medicare beneficiaries in ob- use far more ambulatory care visits per per- colleagues in the Senate to ensure we taining needed prescriptions son as those under age 65, is expected to dou- make the necessary investments in our under Medicare part D. ble from 2000 to 2030. primary care workforce. Mr. President, Sec. 322. HHS study and report on improved (11) A decrease in Federal spending to I ask unanimous consent that the text patient care through increased carry out programs authorized by title VII of of the bill and letters of support be caregiver and physician inter- the Public Health Service Act threatens the viability of one of the programs used to solve printed in the RECORD. action. Sec. 323. Improved patient care through ex- the problem of inadequate access to primary There being no objection, the mate- care. rial was ordered to be printed in the panded support for limited English proficiency (LEP) serv- (12) The National Health Service Corps pro- RECORD, as follows: ices. gram has a proven record of supplying physi- S. 1174 Sec. 324. HHS study and report on use of cians to underserved areas, and has played Be it enacted by the Senate and House of Rep- real-time Medicare claims adju- an important role in expanding access for resentatives of the United States of America in dication. underserved populations in rural and inner Congress assembled, Sec. 325. Ongoing assessment by MedPAC of city communities. (13) Individuals in many geographic areas, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the impact of medicare pay- especially rural areas, lack adequate access (a) SHORT TITLE.—This Act may be cited as ments on primary care access the ‘‘Preserving Patient Access to Primary and equity. to high quality preventive, primary health Care Act of 2009’’. Sec. 326. Distribution of additional resi- care, contributing to significant health dis- parities that impair America’s public health (b) TABLE OF CONTENTS.—The table of con- dency positions. tents is as follows: Sec. 327. Counting resident time in out- and economic productivity. patient settings. (14) About 20 percent of the population of Sec. 1. Short title; table of contents. Sec. 328. Rules for counting resident time the United States resides in primary medical Sec. 2. Findings. Sec. 3. Definitions. for didactic and scholarly ac- care Health Professional Shortage Areas. tivities and other activities. TITLE I—MEDICAL EDUCATION SEC. 3. DEFINITIONS. Sec. 329. Preservation of resident cap posi- (a) GENERAL DEFINITIONS.—In this Act: Sec. 101. Recruitment incentives. tions from closed and acquired (1) CHRONIC CARE COORDINATION.—The term Sec. 102. Debt forgiveness, scholarships, and hospitals. ‘‘chronic care coordination’’ means the co- service obligations. Sec. 330. Quality improvement organization ordination of services that is based on the Sec. 103. Deferment of loans during resi- assistance for physician prac- dency and internships. Chronic Care Model that provides on-going tices seeking to be patient cen- health care to patients with chronic diseases Sec. 104. Educating medical students about tered medical home practices. primary care careers. that may include any of the following serv- TITLE IV—STUDIES Sec. 105. Training in a family medicine, gen- ices: eral internal medicine, general Sec. 401. Study concerning the designation (A) The development of an initial plan of geriatrics, general pediatrics, of primary care as a shortage care, and subsequent appropriate revisions to physician assistant education, profession. such plan of care. general dentistry, and pediatric Sec. 402. Study concerning the education (B) The management of, and referral for, dentistry. debt of medical school grad- medical and other health services, including Sec. 106. Increased funding for National uates. interdisciplinary care conferences and man- Health Service Corps Scholar- Sec. 403. Study on minority representation agement with other providers. ship and Loan Repayment Pro- in primary care. (C) The monitoring and management of grams. SEC. 2. FINDINGS. medications. Congress makes the following findings: TITLE II—MEDICAID RELATED (D) Patient education and counseling serv- (1) Approximately 21 percent of physicians PROVISIONS ices. who were board certified in general internal (E) Family caregiver education and coun- Sec. 201. Transformation grants to support medicine during the early 1990s have left in- seling services. patient centered medical homes ternal medicine, compared to a 5 percent de- (F) Self-management services, including under Medicaid and CHIP. parture rate for those who were certified in health education and risk appraisal to iden- TITLE III—MEDICARE PROVISIONS subspecialties of internal medicine. tify behavioral risk factors through self-as- Subtitle A—Primary Care (2) The number of United States medical sessment. Sec. 301. Reforming payment systems under graduates going into family medicine has (G) Providing access by telephone with Medicare to support primary fallen by more than 50 percent from 1997 to physicians and other appropriate health care care. 2005. professionals, including 24-hour availability Sec. 302. Coverage of patient centered med- (3) In 2007, only 88 percent of the available of such professionals for emergencies. ical home services. medicine residency positions were filled and (H) Management with the principal non- Sec. 303. Medicare primary care payment eq- only 42 percent of those were filled by United professional caregiver in the home. uity and access provision. States medical school graduates. (I) Managing and facilitating transitions Sec. 304. Additional incentive payment pro- (4) In 2006, only 24 percent of third-year in- among health care professionals and across gram for primary care services ternal medicine resident intended to pursue settings of care, including the following: furnished in health professional careers in general internal medicine, down (i) Pursuing the treatment option elected shortage areas. from 54 percent in 1998. by the individual.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.028 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6037 (ii) Including any advance directive exe- (ii) The area has a population to full-time- (‘‘PPC–PCMH’’) voluntary recognition proc- cuted by the individual in the medical file of equivalent primary care physician ratio of ess of the National Committee for Quality the individual. less than 3,500 to 1 and has unusually high Assurance. (J) Information about, and referral to, hos- needs for primary care services or insuffi- (3) STANDARD SETTING AND QUALIFICATION pice care, including patient and family care- cient capacity of existing primary care pro- PROCESS FOR MEDICAL HOMES.—The Secretary giver education and counseling about hos- viders. shall establish a process for the selection of pice care, and facilitating transition to hos- (C) Primary care providers in contiguous a qualified standard setting and certification pice care when elected. geographic areas are overutilized. organization— (K) Information about, referral to, and (c) MEDICALLY UNDERSERVED AREA.— (A) to establish standards, consistent with management with, community services. (1) IN GENERAL.—In this Act, the term this subsection, to enable medical practices (2) CRITICAL SHORTAGE HEALTH FACILITY.— ‘‘medically underserved area’’ or ‘‘MUA’’ to qualify as patient centered medical The term ‘‘critical shortage health facility’’ means a rational service area with a demon- homes; and means a public or private nonprofit health strable shortage of primary healthcare re- (B) to provide for the review and certifi- facility that does not serve a health profes- sources relative to the needs of the entire cation of medical practices as meeting such sional shortage area (as designated under population within the service area as deter- standards. section 332 of the Public Health Service Act), mined in accordance with paragraph (2) (4) TREATMENT OF CERTAIN PRACTICES.— but that has a critical shortage of physicians through the use of the Index of Medical Nothing in this section shall be construed as (as determined by the Secretary) in a pri- Underservice (referred to in this subsection preventing a nurse practitioner from leading mary care field. as the ‘‘IMU’’) with respect to data on a serv- a patient-centered medical home so long as— (3) PHYSICIAN.—The term physician has the ice area. (A) all of the requirements of this section meaning given such term in section 1861(r)(1) (2) DETERMINATIONS.—Under criteria to be are met; and of the Social Security Act. established by the Secretary with respect to (B) the nurse practitioner is acting consist- (4) PRIMARY CARE.—The term ‘‘primary the IMU, if a service area is determined by ently with State law. care’’ means the provision of integrated, the Secretary to have a score of 62.0 or less, (e) APPLICATION UNDER MEDICARE, MED- high-quality, accessible health care services such area shall be eligible to be designated ICAID, PHSA, ETC.—Unless otherwise pro- by health care providers who are accountable as a MUA. vided, the provisions of the previous sub- for addressing a full range of personal health (3) IMU VARIABLES.—In establishing cri- sections shall apply for purposes of provi- and health care needs, developing a sus- teria under paragraph (2), the Secretary sions of the Social Security Act, the Public tained partnership with patients, practicing shall ensure that the following variables are Health Service Act, and any other Act in the context of family and community, and utilized: amended by this Act. working to minimize disparities across popu- (A) The ratio of primary medical care phy- TITLE I—MEDICAL EDUCATION lation subgroups. sicians per 1,000 individuals in the population SEC. 101. RECRUITMENT INCENTIVES. (5) PRIMARY CARE FIELD.—The term ‘‘pri- of the area involved. Title VII of the Higher Education Act of mary care field’’ means any of the following (B) The infant mortality rate in the area 1965 (20 U.S.C. 1133 et seq.) is amended by fields: involved. (A) The field of family medicine. adding at the end the following: (C) The percentage of the population in- (B) The field of general internal medicine. volved with incomes below the poverty level. ‘‘PART F—MEDICAL EDUCATION (C) The field of geriatric medicine. (D) The percentage of the population in- RECRUITMENT INCENTIVES (D) The field of pediatric medicine volved age 65 or over. ‘‘SEC. 786. MEDICAL EDUCATION RECRUITMENT (6) PRIMARY CARE PHYSICIAN.—The term The value of each of such variables for the INCENTIVES. ‘‘primary care physician’’ means a physician ‘‘(a) IN GENERAL.—The Secretary is author- who is trained in a primary care field who service area involved shall be converted by the Secretary to a weighted value, according ized to award grants or contracts to institu- provides first contact, continuous, and com- tions of higher education that are graduate prehensive care to patients. to established criteria, and added together to obtain the area’s IMU score. medical schools, to enable the graduate med- (7) PRIMARY CARE PROVIDER.—The term ical schools to improve primary care edu- (d) PATIENT CENTERED MEDICAL HOME.— ‘‘primary care provider’’ means— cation and training for medical students. (A) a nurse practitioner; or (1) IN GENERAL.—In this Act, the term ‘‘pa- ‘‘(b) APPLICATION.—A graduate medical tient centered medical home’’ means a phy- (B) a physician assistant practicing as a school that desires to receive a grant under sician-directed practice (or a nurse practi- member of a physician-directed team; this section shall submit to the Secretary an tioner directed practice in those States in who provides first contact, continuous, and application at such time, in such manner, which such functions are included in the comprehensive care to patients. and containing such information as the Sec- scope of practice of licensed nurse practi- (8) PRINCIPAL CARE.—The term ‘‘principal retary may require. care’’ means integrated, accessible health tioners) that has been certified by an organi- ‘‘(c) USES OF FUNDS.—A graduate medical zation under paragraph (3) as meeting the care that is provided by a physician who is a school that receives a grant under this sec- following standards: medical subspecialist that addresses the ma- tion shall use such grant funds to carry out (A) The practice provides patients who jority of the personal health care needs of 1 or more of the following: elect to obtain care through a patient cen- patients with chronic conditions requiring ‘‘(1) The creation of primary care tered medical home (referred to as ‘‘partici- the subspecialist’s expertise, and for whom mentorship programs. pating patients’’) with direct and ongoing ac- the subspecialist assumes care management, ‘‘(2) Curriculum development for popu- cess to a primary or principal care physician developing a sustained physician-patient lation-based primary care models of care, or a primary care provider who accepts re- partnership and practicing within the con- such as the patient centered medical home. sponsibility for providing first contact, con- text of family and community. ‘‘(3) Increased opportunities for ambula- tinuous, and comprehensive care to the (9) SECRETARY.—The term ‘‘Secretary’’ tory, community-based training. whole person, in collaboration with teams of means the Secretary of Health and Human ‘‘(4) Development of generalist curriculum other health professionals, including nurses Services. to enhance care for rural and underserved (b) PRIMARY MEDICAL CARE SHORTAGE and specialist physicians, as needed and ap- populations in primary care or general sur- AREA.— propriate. gery. (1) IN GENERAL.—In this Act, the term ‘‘pri- (B) The practice applies standards for ac- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— mary medical care shortage area’’ or cess to care and communication with par- There is authorized to be appropriated to ‘‘PMCSA’’ means a geographic area with a ticipating beneficiaries. carry out this section $50,000,000 for each of shortage of physicians (as designated by the (C) The practice has readily accessible, the fiscal years 2010 through 2012.’’. Secretary) in a primary care field, as des- clinically useful information on partici- ignated in accordance with paragraph (2). pating patients that enables the practice to SEC. 102. DEBT FORGIVENESS, SCHOLARSHIPS, AND SERVICE OBLIGATIONS. (2) DESIGNATION.—To be designated by the treat such patients comprehensively and sys- (a) PURPOSE.—It is the purpose of this sec- Secretary as a PMCSA, the Secretary must tematically. tion to encourage individuals to enter and find that the geographic area involved has an (D) The practice maintains continuous re- continue in primary care physician careers. established shortage of primary care physi- lationships with participating patients by (b) AMENDMENT TO THE PUBLIC HEALTH cians for the population served. The Sec- implementing evidence-based guidelines and SERVICE ACT.—Part D of title III of the Pub- retary shall make such a designation with applying such guidelines to the identified lic Health Service Act (42 U.S.C. 254b et seq.) respect to an urban or rural geographic area needs of individual beneficiaries over time is amended by adding at the end the fol- if the following criteria are met: and with the intensity needed by such bene- lowing: (A) The area is a rational area for the de- ficiaries. livery of primary care services. (2) RECOGNITION OF NCQA APPROVAL.—Such ‘‘Subpart XI—Primary Care Medical (B) One of the following conditions prevails term also includes a physician-directed (or Education within the area: nurse-practitioner-directed) practice that ‘‘SEC. 340I. SCHOLARSHIPS. (i) The area has a population to full-time- has been recognized as a medical home ‘‘(a) IN GENERAL.—The Secretary, acting equivalent primary care physician ratio of at through the Physician Practice Connec- through the Administrator of the Health Re- least 3,500 to 1. tions—patient centered Medical Home sources and Services Administration, shall

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE S6038 CONGRESSIONAL RECORD — SENATE June 3, 2009 award grants to critical shortage health fa- primary care physicians and primary care ‘‘(1) the number of enrollees, scholarships, cilities to enable such facilities to provide providers (as determined by the Secretary) loan repayments, and grant recipients; scholarships to individuals who agree to in such field; and ‘‘(2) the number of graduates; serve as physicians at such facilities after ‘‘(2) the Secretary agrees to pay, for each ‘‘(3) the amount of scholarship payments completing a residency in a primary care year of such service, not more than $35,000 of and loan repayments made; field (as defined in section 3(a)(5) of the Pre- the principal and interest of the under- ‘‘(4) which educational institution the re- serving Patient Access to Primary Care Act graduate or graduate educational loans of cipients attended; of 2009). the individual. ‘‘(5) the number and placement location of ‘‘(b) SCHOLARSHIPS.—A health facility shall ‘‘(c) SERVICE REQUIREMENT.—A contract the scholarship and loan repayment recipi- use amounts received under a grant under entered into under this section shall allow ents at health care facilities with a critical this section to enter into contracts with eli- the individual receiving the loan repayment shortage of primary care physicians; gible individuals under which— to satisfy the service requirement described ‘‘(6) the default rate and actions required; ‘‘(1) the facility agrees to provide the indi- in subsection (a)(1) through employment in a ‘‘(7) the amount of outstanding default vidual with a scholarship for each school solo or group practice, a clinic, a public or funds of both the scholarship and loan repay- year (not to exceed 4 school years) in which private nonprofit hospital, or any other ap- ment programs; the individual is enrolled as a full-time stu- propriate health care entity. ‘‘(8) to the extent that it can be deter- dent in a school of medicine or a school of ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— mined, the reason for the default; osteopathic medicine; and The provisions of subpart III of part D shall, ‘‘(9) the demographics of the individuals ‘‘(2) the individual agrees— except as inconsistent with this section, participating in the scholarship and loan re- apply to the program established in sub- ‘‘(A) to maintain an acceptable level of payment programs; section (a) in the same manner and to the academic standing; ‘‘(10) the justification for the allocation of same extent as such provisions apply to the ‘‘(B) to complete a residency in a primary funds between the scholarship and loan re- National Health Service Corps Scholarship care field; and payment programs; and Program established in such subpart. ‘‘(C) after completing the residency, to ‘‘(e) DEFINITION.—In this section, the term ‘‘(11) an evaluation of the overall costs and serve as a primary care physician at such fa- ‘eligible individual’ means— benefits of the programs. cility in such field for a time period equal to ‘‘(1) an individual with a degree in medi- ‘‘SEC. 340M. AUTHORIZATION OF APPROPRIA- the greater of— cine or osteopathic medicine; or TIONS. ‘‘(i) one year for each school year for which ‘‘(2) a primary care provider (as defined in ‘‘To carry out sections 340I, 340J, and 340K the individual was provided a scholarship section 3(a)(7) of the Preserving Patient Ac- there are authorized to be appropriated under this section; or cess to Primary Care Act of 2009). $55,000,000 for fiscal year 2010, $90,000,000 for ‘‘(ii) two years. ‘‘SEC. 340K. LOAN REPAYMENTS FOR PHYSICIANS fiscal year 2011, and $125,000,000 for fiscal ‘‘(c) AMOUNT.— IN THE FIELDS OF OBSTETRICS AND year 2012, to be used solely for scholarships ‘‘(1) IN GENERAL.—The amount paid by a GYNECOLOGY AND CERTIFIED and loan repayment awards for primary care health facility to an individual under a NURSE MIDWIVES. physicians and primary care providers.’’. scholarship under this section shall not ex- ‘‘(a) PURPOSE.—It is the purpose of this SEC. 103. DEFERMENT OF LOANS DURING RESI- ceed $35,000 for any school year. section to alleviate critical shortages of phy- DENCY AND INTERNSHIPS. ‘‘(2) CONSIDERATIONS.—In determining the sicians in the fields of obstetrics and gyne- (a) LOAN REQUIREMENTS.—Section amount of a scholarship to be provided to an cology and certified nurse midwives. 427(a)(2)(C)(i) of the Higher Education Act of individual under this section, a health facil- ‘‘(b) LOAN REPAYMENTS.—The Secretary, 1965 (20 U.S.C. 1077(a)(2)(C)(i)) is amended by ity may take into consideration the individ- acting through the Administrator of the inserting ‘‘unless the medical internship or ual’s financial need, geographic differences, Health Resources and Services Administra- residency program is in a primary care field and educational costs. tion, shall establish a program of entering (as defined in section 3(a)(5) of the Pre- ‘‘(3) EXCLUSION FROM GROSS INCOME.—For into contracts with eligible individuals serving Patient Access to Primary Care Act purposes of the Internal Revenue Code of under which— of 2009)’’ after ‘‘residency program’’. ‘‘(1) the individual agrees to serve— 1986, gross income shall not include any (b) FFEL LOANS.—Section 428(b)(1)(M)(i) of amount received as a scholarship under this ‘‘(A) as a physician in the field of obstet- the Higher Education Act of 1965 (20 U.S.C. section. rics and gynecology or as a certified nurse 1078(b)(1)(M)(i)) is amended by inserting ‘‘un- ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— midwife; and less the medical internship or residency pro- The provisions of subpart III of part D shall, ‘‘(B) in an area that is not a health profes- gram is in a primary care field (as defined in except as inconsistent with this section, sional shortage area (as designated under section 3(a)(5) of the Preserving Patient Ac- apply to the program established in sub- section 332), but has a critical shortage of cess to Primary Care Act of 2009)’’ after section (a) in the same manner and to the physicians in the fields of obstetrics and ‘‘residency program’’. same extent as such provisions apply to the gynecology or certified nurse midwives (as (c) FEDERAL DIRECT LOANS.—Section National Health Service Corps Scholarship determined by the Secretary), respectively; 455(f)(2)(A) of the Higher Education Act of Program established in such subpart. and 1965 (20 U.S.C. 1087e(f)(2)(A)) is amended by ‘‘(e) DEFINITIONS.—In this section: ‘‘(2) the Secretary agrees to pay, for each inserting ‘‘unless the medical internship or ‘‘(1) CRITICAL SHORTAGE HEALTH FACILITY.— year of such service, not more than $35,000 of residency program is in a primary care field The term ‘critical shortage health facility’ the principal and interest of the under- (as defined in section 3(a)(5) of the Pre- means a public or private nonprofit health graduate or graduate educational loans of serving Patient Access to Primary Care Act facility that does not serve a health profes- the individual. of 2009)’’ after ‘‘residency program’’. ‘‘(c) SERVICE REQUIREMENT.—A contract sional shortage area (as designated under (d) FEDERAL PERKINS LOANS.—Section section 332), but has a critical shortage of entered into under this section shall allow 464(c)(2)(A)(i) of the Higher Education Act of the individual receiving the loan repayment physicians (as determined by the Secretary) 1965 (20 U.S.C. 1087dd(c)(2)(A)(i)) is amended to satisfy the service requirement described in a primary care field. by inserting ‘‘unless the medical internship in subsection (a)(1) through employment in a ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- or residency program is in a primary care solo or group practice, a clinic, a public or ble individual’ means an individual who is field (as defined in section 3(a)(5) of the Pre- private nonprofit hospital, or any other ap- enrolled, or accepted for enrollment, as a serving Patient Access to Primary Care Act propriate health care entity. full-time student in an accredited school of of 2009)’’ after ‘‘residency program’’. ‘‘(d) APPLICATION OF CERTAIN PROVISIONS.— medicine or school of osteopathic medicine. The provisions of subpart III of part D shall, SEC. 104. EDUCATING MEDICAL STUDENTS ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. except as inconsistent with this section, ABOUT PRIMARY CARE CAREERS. ‘‘(a) PURPOSE.—It is the purpose of this apply to the program established in sub- Part C of title VII of the Public Health section to alleviate critical shortages of pri- section (a) in the same manner and to the Service Act (42 U.S.C. 293k) is amended by mary care physicians and primary care pro- same extent as such provisions apply to the adding at the end the following: viders. National Health Service Corps Scholarship ‘‘SEC. 749. EDUCATING MEDICAL STUDENTS ‘‘(b) LOAN REPAYMENTS.—The Secretary, Program established in such subpart. ABOUT PRIMARY CARE CAREERS. acting through the Administrator of the ‘‘(e) DEFINITION.—In this section, the term ‘‘(a) IN GENERAL.—The Secretary shall Health Resources and Services Administra- ‘eligible individual’ means— award grants to eligible State and local gov- tion, shall establish a program of entering ‘‘(1) a physician in the field of obstetrics ernment entities for the development of in- into contracts with eligible individuals and gynecology; or formational materials that promote careers under which— ‘‘(2) a certified nurse midwife. in primary care by highlighting the advan- ‘‘(1) the individual agrees to serve— ‘‘SEC. 340L. REPORTS. tages and rewards of primary care, and that ‘‘(A) as a primary care physician or pri- ‘‘Not later than 18 months after the date of encourage medical students, particularly mary care provider in a primary care field; enactment of this section, and annually students from disadvantaged backgrounds, and thereafter, the Secretary shall submit to to become primary care physicians. ‘‘(B) in an area that is not a health profes- Congress a report that describes the pro- ‘‘(b) ANNOUNCEMENT.—The grants described sional shortage area (as designated under grams carried out under this subpart, includ- in subsection (a) shall be announced through section 332), but has a critical shortage of ing statements concerning— a publication in the Federal Register and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6039 through appropriate media outlets in a man- TITLE II—MEDICAID RELATED a mechanism for determining which relative ner intended to reach medical education in- PROVISIONS value units established under this paragraph stitutions, associations, physician groups, SEC. 201. TRANSFORMATION GRANTS TO SUP- for physicians’ services shall be subject to an and others who communicate with medical PORT PATIENT CENTERED MEDICAL adjustment under clause (ii)(I) as a result of students. HOMES UNDER MEDICAID AND CHIP. the increase under subclause (I). ‘‘(c) ELIGIBILITY.—To be eligible to receive (a) IN GENERAL.—Section 1903(z) of the So- ‘‘(III) ADDITIONAL FUNDING AS DETERMINED a grant under this section an entity shall— cial Security Act (42 U.S.C. 1396b(z)) is NECESSARY BY THE SECRETARY.—In addition ‘‘(1) be a State or local entity; and amended— to any funding that may be made available ‘‘(2) submit to the Secretary an application (1) in paragraph (2), by adding at the end as a result of an increase in the limitation at such time, in such manner, and con- the following new subparagraph: on annual adjustments under subclause (I), taining such information as the Secretary ‘‘(G) Methods for improving the effective- there shall also be available to the Sec- may require. ness and efficiency of medical assistance pro- retary, for purposes of making payments vided under this title and child health assist- ‘‘(d) USE OF FUNDS.— under this title for new services and capabili- ance provided under title XXI by encour- ‘‘(1) IN GENERAL.—An entity shall use ties to improve care provided to individuals amounts received under a grant under this aging the adoption of medical practices that under this title and to generate efficiencies section to support State and local campaigns satisfy the standards established by the Sec- under this title, such additional funds as the retary under paragraph (2) of section 3(d) of through appropriate media outlets to pro- Secretary determines are necessary.’’. the Preserving Patient Access to Primary (b) SEPARATE MEDICARE PAYMENT FOR DES- mote careers in primary care and to encour- Care Act of 2009 for medical practices to IGNATED PRIMARY CARE SERVICES AND COM- age individuals from disadvantaged back- qualify as patient centered medical homes PREHENSIVE CARE COORDINATION SERVICES.— grounds to enter and pursue careers in pri- (as defined in paragraph (1) of such sec- (1) IN GENERAL.—Section 1834 of the Social mary care. tion).’’; and Security Act (42 U.S.C. 1395m) is amended by ‘‘(2) SPECIFIC USES.—In carrying out activi- (2) in paragraph (4)— adding at the end the following new sub- ties under paragraph (1), an entity shall use (A) in subparagraph (A)— section: grants funds to develop informational mate- (i) in clause (i), by striking ‘‘and’’ at the ‘‘(n) PAYMENT FOR DESIGNATED PRIMARY rials in a manner intended to reach as wide end; CARE SERVICES AND COMPREHENSIVE CARE CO- and diverse an audience of medical students (ii) in clause (ii), by striking the period at ORDINATION SERVICES.— as possible, in order to— the end and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—The Secretary shall pay ‘‘(A) advertise and promote careers in pri- (iii) by inserting after clause (ii), the fol- for designated primary care services and mary care; lowing new clause: comprehensive care coordination services ‘‘(B) promote primary care medical edu- ‘‘(iii) $25,000,000 for each of fiscal years furnished to an individual enrolled under cation programs; 2010, 2011, and 2012.’’; and this part. ‘‘(C) inform the public of financial assist- (B) in subparagraph (B), by striking the ‘‘(2) PAYMENT AMOUNT.—The Secretary ance regarding such education programs; second and third sentences and inserting the shall determine the amount of payment for ‘‘(D) highlight individuals in the commu- following: ‘‘Such method shall provide that designated primary care services and com- nity who are practicing primary care physi- 100 percent of such funds for each of fiscal prehensive care coordination services under cians; or years 2010, 2011, and 2012 shall be allocated this subsection. ‘‘(E) provide any other information to re- among States that design programs to adopt ‘‘(3) DOCUMENTATION REQUIREMENTS.—The cruit individuals for careers in primary care. the innovative methods described in para- Secretary shall propose appropriate docu- ‘‘(e) LIMITATION.—An entity shall not use graph (2)(G), with preference given to States mentation requirements to justify payments amounts received under a grant under this that design programs involving multipayers for designated primary care services and section to advertise particular employment (including under title XVIII and private comprehensive care coordination services opportunities. health plans) test projects for implementa- under this subsection. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tion of the elements necessary to be recog- ‘‘(4) DEFINITIONS.— There is authorized to be appropriated to nized as a patient centered medical home ‘‘(A) COMPREHENSIVE CARE COORDINATION carry out this section, such sums as may be practice under the National Committee for SERVICES.—The term ‘comprehensive care co- necessary for each of fiscal years 2010 Quality Assurance Physicians Practice Con- ordination services’ means care coordination through 2013.’’. nection-PCMH module (or any other equiva- services with procedure codes established by SEC. 105. TRAINING IN A FAMILY MEDICINE, GEN- lent process, as determined by the Sec- the Secretary (as appropriate) which are fur- ERAL INTERNAL MEDICINE, GEN- retary).’’. nished to an individual enrolled under this ERAL GERIATRICS, GENERAL PEDI- (b) EFFECTIVE DATE.—The amendments part by a primary care provider or principal ATRICS, PHYSICIAN ASSISTANT EDU- made by this section take effect on October care physician. CATION, GENERAL DENTISTRY, AND 1, 2010. ‘‘(B) DESIGNATED PRIMARY CARE SERVICES.— PEDIATRIC DENTISTRY. TITLE III—MEDICARE PROVISIONS The term ‘designated primary care service’ Section 747(e) of the Public Health Service Subtitle A—Primary Care means a service which the Secretary deter- Act (42 U.S.C. 293k) is amended by striking SEC. 301. REFORMING PAYMENT SYSTEMS UNDER mines has a procedure code which involves a paragraph (1) and inserting the following: MEDICARE TO SUPPORT PRIMARY clinical interaction with an individual en- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— CARE. rolled under this part that is inherent to For the purpose of carrying out this section, (a) INCREASING BUDGET NEUTRALITY LIMITS care coordination, including interactions there is authorized to be appropriated UNDER THE PHYSICIAN FEE SCHEDULE TO AC- outside of a face-to-face encounter. Such $198,000,000 for each of fiscal years 2010 COUNT FOR ANTICIPATED SAVINGS RESULTING term includes the following: through 2012.’’. FROM PAYMENTS FOR CERTAIN SERVICES AND ‘‘(i) Care plan oversight. SEC. 106. INCREASED FUNDING FOR NATIONAL THE COORDINATION OF BENEFICIARY CARE.— ‘‘(ii) Evaluation and management provided HEALTH SERVICE CORPS SCHOLAR- Section 1848(c)(2)(B) of the Social Security by phone. SHIP AND LOAN REPAYMENT PRO- Act (42 U.S.C. 1395w–4(c)(2)(B)) is amended— ‘‘(iii) Evaluation and management pro- GRAMS. (1) in clause (ii)(II), by striking ‘‘(iv) and vided using internet resources. (a) IN GENERAL.—There is authorized to be (v)’’ and inserting ‘‘(iv), (v), and (vii)’’; and ‘‘(iv) Collection and review of physiologic appropriated $332,000,000 for the period of fis- (2) by adding at the end the following new data, such as from a remote monitoring de- cal years 2010 through 2012 for the purpose of clause: vice. carrying out subpart III of part D of title III ‘‘(vii) INCREASE IN LIMITATION TO ACCOUNT ‘‘(v) Education and training for patient self of the Public Health Service Act (42 U.S.C. FOR CERTAIN ANTICIPATED SAVINGS.— management. 254l et seq.). Such authorization of appro- ‘‘(I) IN GENERAL.—Effective for fee sched- ‘‘(vi) Anticoagulation management serv- priations is in addition to the authorization ules established beginning with 2010, the Sec- ices. of appropriations in section 338H of such Act retary shall increase the limitation on an- ‘‘(vii) Any other service determined appro- (42 U.S.C. 254q) and any other authorization nual adjustments under clause (ii)(II) by an priate by the Secretary.’’. of appropriations for such purpose. amount equal to the anticipated savings (2) EFFECTIVE DATE.—The amendment (b) ALLOCATION.—Of the amounts appro- under parts A, B, and D (including any sav- made by this section shall apply to items priated under subsection (a) for the period of ings with respect to items and services for and services furnished on or after January 1, fiscal years 2010 through 2012, the Secretary which payment is not made under this sec- 2010. shall obligate $96,000,000 for the purpose of tion) which are a result of payments for des- SEC. 302. COVERAGE OF PATIENT CENTERED providing contracts for scholarships and loan ignated primary care services and com- MEDICAL HOME SERVICES. repayments to individuals who— prehensive care coordination services under (a) IN GENERAL.—Section 1861(s)(2) of the (1) are primary care physicians or primary section 1834(m) and the coverage of patient Social Security Act (42 U.S.C. 1395x(s)(2)) is care providers; and centered medical home services under sec- amended— (2) have not previously received a scholar- tion 1861(s)(2)(FF) (as determined by the Sec- (1) in subparagraph (DD), by striking ship or loan repayment under subpart III of retary). ‘‘and’’ at the end; part D of title III of the Public Health Serv- ‘‘(II) MECHANISM TO DETERMINE APPLICATION (2) in subparagraph (EE), by inserting ice Act (42 U.S.C. 254l et seq.). OF INCREASE.—The Secretary shall establish ‘‘and’’ at the end; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE S6040 CONGRESSIONAL RECORD — SENATE June 3, 2009 (3) by adding at the end the following new (including any savings with respect to items ‘‘(C) Any other methodology determined subparagraph: and services for which payment is not made appropriate by the Secretary. ‘‘(FF) patient centered medical home serv- under this section). ‘‘(2) INCLUSION OF PROPOSED CRITERIA.—The ices (as defined in subsection (hhh)(1));’’. ‘‘(B) FUNDING.—Subject to subparagraph methodology developed under paragraph (1) (b) DEFINITION OF PATIENT CENTERED MED- (C), the aggregate amount available for pay- shall include proposed criteria for providers ICAL HOME SERVICES.—Section 1861 of the So- ment of the monthly fee under this sub- to qualify for such increased payments, in- cial Security Act (42 U.S.C. 1395x) is amended section during a calendar year shall be equal cluding consideration of— by adding at the end the following new sub- to the aggregate estimated savings (as deter- ‘‘(A) the type of service being rendered; section: mined under subparagraph (A)) for the cal- ‘‘(B) the specialty of the provider providing ‘‘Patient Centered Medical Home Services endar year (as determined by the Secretary). the service; and ‘‘(C) ADDITIONAL FUNDING.—In the case ‘‘(hhh)(1) The term ‘patient centered med- ‘‘(C) demonstration by the provider of vol- where the amount of the aggregate actual ical home services’ means care coordination untary participation in programs to improve savings during the preceding 3 years exceeds services furnished by a qualified patient cen- quality, such as participation in the Physi- the amount of the aggregate estimated sav- tered medical home. cian Quality Reporting Initiative (as deter- ings (as determined under subparagraph (A)) ‘‘(2) The term ‘qualified patient centered mined by the Secretary) or practice-level during such period, the aggregate amount medical home’ means a patient centered qualification as a patient centered medical available for payment of the monthly fee medical home (as defined in section 3(d) of home. under this subsection during the calendar the Preserving Patient Access to Primary ‘‘(3) FUNDING.— year (as determined under subparagraph (B)) Care Act of 2009).’’. ‘‘(A) DETERMINATION.—The Secretary shall shall be increased by the amount of such ex- (c) MONTHLY FEE FOR PATIENT CENTERED determine the aggregate estimated savings cess. MEDICAL HOME SERVICES.—Section 1848 of the for a calendar year as a result of such in- ‘‘(D) ADDITIONAL FUNDING AS DETERMINED Social Security Act (42 U.S.C. 1395w–4) is creased payments on reducing preventable NECESSARY BY THE SECRETARY.—In addition amended by adding at the end the following hospital admissions, duplicate testing, medi- to any funding made available under sub- new subsection: cation errors and drug interactions, Inten- paragraphs (B) and (C), there shall also be ‘‘(p) MONTHLY FEE FOR PATIENT CENTERED sive Care Unit admissions, per capita health available to the Secretary, for purposes of ef- MEDICAL HOME SERVICES.— care expenditures, and other savings under fectively implementing this subsection, such ‘‘(1) MONTHLY FEE.— this part and part A (including any savings additional funds as the Secretary determines ‘‘(A) IN GENERAL.—Not later than January with respect to items and services for which 1, 2012, the Secretary shall establish a pay- are necessary. payment is not made under this section). ment methodology for patient centered med- ‘‘(4) PERFORMANCE-BASED BONUS PAY- ‘‘(B) FUNDING.—The aggregate amount ical home services (as defined in paragraph MENTS.—The Secretary shall establish a available for such increased payments during (1) of section 1861(hhh)). Under such payment process for paying a performance-based a calendar year shall be equal to the aggre- methodology, the Secretary shall pay quali- bonus to qualified patient centered medical gate estimated savings (as determined under fied patient centered medical homes (as de- homes which meet or achieve substantial im- subparagraph (A)) for the calendar year (as fined in paragraph (2) of such section) a provements in performance (as specified determined by the Secretary). monthly fee for each individual who elects to under clinical, patient satisfaction, and effi- ‘‘(C) ADDITIONAL FUNDING AS DETERMINED receive patient centered medical home serv- ciency benchmarks established by the Sec- NECESSARY BY THE SECRETARY.—In addition ices at that medical home. Such fee shall be retary). Such bonus shall be in an amount to any funding made available under sub- paid on a prospective basis. determined appropriate by the Secretary. paragraph (B), there shall also be available ‘‘(5) NO EFFECT ON PAYMENTS FOR EVALUA- ‘‘(B) CONSIDERATIONS.—The Secretary shall to the Secretary, for purposes of effectively take into account the results of the Medicare TION AND MANAGEMENT SERVICES.—The implementing this subsection, such addi- medical home demonstration project under monthly fee under this subsection shall have tional funds as the Secretary determines are section 204 of the Medicare Improvement and no effect on the amount of payment for eval- necessary.’’. Extension Act of 2006 (42 U.S.C. 1395b–1 note; uation and management services under this (b) EFFECTIVE DATE.—The amendment division B of Public Law 109–432) in estab- title.’’. made by this section shall apply to services (d) COINSURANCE.—Section 1833(a)(1) of the furnished on or after January 1, 2010. lishing the payment methodology under sub- Social Security Act (42 U.S.C. 1395l(a)(1)) is paragraph (A). SEC. 304. ADDITIONAL INCENTIVE PAYMENT PRO- amended— GRAM FOR PRIMARY CARE SERV- ‘‘(2) AMOUNT OF PAYMENT.— (1) by striking ‘‘and’’ before ‘‘(W)’’; and ICES FURNISHED IN HEALTH PRO- ‘‘(A) CONSIDERATIONS.—In determining the (2) by inserting before the semicolon at the FESSIONAL SHORTAGE AREAS. amount of such fee, subject to paragraph (3), end the following: ‘‘, and (X) with respect to (a) IN GENERAL.—Section 1833 of the Social the Secretary shall consider the following: patient centered medical home services (as Security Act (42 U.S.C. 1395l) is amended by ‘‘(i) The clinical work and practice ex- defined in section 1861(hhh)(1)), the amount adding at the end the following new sub- penses involved in providing care coordina- paid shall be (i) in the case of such services section: tion services consistent with the patient cen- which are physicians’ services, the amount ‘‘(x) ADDITIONAL INCENTIVE PAYMENTS FOR tered medical home model (such as providing determined under subparagraph (N), and (ii) PRIMARY CARE SERVICES FURNISHED IN increased access, care coordination, disease in the case of all other such services, 80 per- HEALTH PROFESSIONAL SHORTAGE AREAS.— population management, and education) for cent of the lesser of the actual charge for the ‘‘(1) IN GENERAL.—In the case of primary which payment is not made under this sec- service or the amount determined under a care services furnished on or after January 1, tion as of the date of enactment of this sub- fee schedule established by the Secretary for 2010, by a primary care physician or primary section. purposes of this subparagraph’’. care provider in an area that is designated ‘‘(ii) Ensuring that the amount of payment (e) EFFECTIVE DATE.—The amendments (under section 332(a)(1)(A) of the Public is sufficient to support the acquisition, use, made by this section shall apply to services Health Service Act) as a health professional and maintenance of clinical information sys- furnished on or after January 1, 2012. shortage area as identified by the Secretary tems which— SEC. 303. MEDICARE PRIMARY CARE PAYMENT prior to the beginning of the year involved, ‘‘(I) are needed by a qualified patient cen- EQUITY AND ACCESS PROVISION. in addition to the amount of payment that tered medical home; and (a) IN GENERAL.—Section 1848 of the Social would otherwise be made for such services ‘‘(II) have been shown to facilitate im- Security Act (42 U.S.C. 1395w–4), as amended under this part, there also shall be paid (on proved outcomes through care coordination. by section 302(c), is amended by adding at a monthly or quarterly basis) an amount ‘‘(iii) The establishment of a tiered month- the end the following new subsection: equal to 10 percent of the payment amount ly care management fee that provides for a ‘‘(q) PRIMARY CARE PAYMENT EQUITY AND for the service under this part. range of payment depending on how ad- ACCESS.— ‘‘(2) DEFINITIONS.—In this subsection: vanced the capabilities of a qualified patient ‘‘(1) IN GENERAL.—Not later than January ‘‘(A) PRIMARY CARE PHYSICIAN; PRIMARY centered medical home are in having the in- 1, 2010, the Secretary shall develop a method- CARE PROVIDER.—The terms ‘primary care formation systems needed to support care ology, in consultation with primary care physician’ and ‘primary care provider’ have coordination. physician organizations and primary care the meaning given such terms in paragraphs ‘‘(B) RISK-ADJUSTMENT.—The Secretary provider organizations, the Medicare Pay- (6) and (7), respectively, of section 3(a) of the shall use appropriate risk-adjustment in de- ment Advisory Commission, and other ex- Preserving Patient Access to Primary Care termining the amount of the monthly fee perts, to increase payments under this sec- Act of 2009. under this paragraph. tion for designated evaluation and manage- ‘‘(B) PRIMARY CARE SERVICES.—The term ‘‘(3) FUNDING.— ment services provided by primary care phy- ‘primary care services’ means procedure ‘‘(A) IN GENERAL.—The Secretary shall de- sicians, primary care providers, and prin- codes for services in the category of the termine the aggregate estimated savings for cipal care providers through 1 or more of the Healthcare Common Procedure Coding Sys- a calendar year as a result of the implemen- following: tem, as established by the Secretary under tation of this subsection on reducing pre- ‘‘(A) A service-specific modifier to the rel- section 1848(c)(5) (as of December 31, 2008 and ventable hospital admissions, duplicate test- ative value units established for such serv- as subsequently modified by the Secretary) ing, medication errors and drug interactions, ices. consisting of evaluation and management and other savings under this part and part A ‘‘(B) Service-specific bonus payments. services, but limited to such procedure codes

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6041 in the category of office or other outpatient ducted under subsection (a), together with ule that applies to such services under this services, and consisting of subcategories of recommendations for such legislation and part’’. such procedure codes for services for both administrative action as the Secretary de- (2) ELIMINATION OF COINSURANCE FOR new and established patients. termines appropriate. SCREENING SIGMOIDOSCOPIES AND ‘‘(3) JUDICIAL REVIEW.—There shall be no Subtitle B—Preventive Services COLONOSCOPIES.—Section 1834(d) of the Social administrative or judicial review under sec- Security Act (42 U.S.C. 1395m(d)) is amend- SEC. 311. ELIMINATING TIME RESTRICTION FOR ed— tion 1869, 1878, or otherwise, respecting the INITIAL PREVENTIVE PHYSICAL EX- identification of primary care physicians, AMINATION. (A) in paragraph (2)— (i) in subparagraph (A), by inserting ‘‘, ex- primary care providers, or primary care serv- (a) IN GENERAL.—Section 1862(a)(1)(K) of ices under this subsection.’’. the Social Security Act (42 U.S.C. cept that payment for such tests under such (b) CONFORMING AMENDMENT.—Section 1395y(a)(1)(K)) is amended by striking ‘‘more section shall be 100 percent of the payment determined under such section for such 1834(g)(2)(B) of the Social Security Act (42 than’’ and all that follows before the comma tests’’ before the period at the end; and U.S.C. 1395m(g)(2)(B)) is amended by adding at the end and inserting ‘‘more than one (ii) in subparagraph (C)— at the end the following sentence: ‘‘Section time during the lifetime of the individual’’. (I) by striking clause (ii); and 1833(x) shall not be taken into account in de- (b) EFFECTIVE DATE.—The amendments (II) in clause (i)— termining the amounts that would otherwise made by this section shall apply to services (aa) by striking ‘‘(i) IN GENERAL.—Notwith- be paid pursuant to the preceding sentence.’’. furnished on or after January 1, 2010. SEC. 305. PERMANENT EXTENSION OF FLOOR ON standing’’ and inserting ‘‘Notwithstanding’’; SEC. 312. ELIMINATION OF COST-SHARING FOR MEDICARE WORK GEOGRAPHIC AD- (bb) by redesignating subclauses (I) and (II) PREVENTIVE BENEFITS UNDER THE JUSTMENT UNDER THE MEDICARE MEDICARE PROGRAM. as clauses (i) and (ii), respectively, and mov- PHYSICIAN FEE SCHEDULE. ing such clauses 2 ems to the left; and (a) DEFINITION OF PREVENTIVE SERVICES.— Section 1848(e)(1)(E) of the Social Security (cc) in the flush matter following clause Section 1861(ddd) of the Social Security Act Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by (ii), as so redesignated, by inserting ‘‘100 per- (42 U.S.C. 1395w(dd)) is amended— striking ‘‘and before January 1, 2010,’’. cent of’’ after ‘‘based on’’; and (1) in the heading, by inserting ‘‘; Preven- SEC. 306. PERMANENT EXTENSION OF MEDICARE (B) in paragraph (3)— tive Services’’ after ‘‘Services’’; INCENTIVE PAYMENT PROGRAM (i) in subparagraph (A), by inserting ‘‘, ex- (2) in paragraph (1), by striking ‘‘not other- FOR PHYSICIAN SCARCITY AREAS. cept that payment for such tests under such wise described in this title’’ and inserting Section 1833(u) of the Social Security Act section shall be 100 percent of the payment ‘‘not described in subparagraphs (A) through (42 U.S.C. 1395l(u)) is amended— determined under such section for such (N) of paragraph (3)’’; and (1) in paragraph (1)— tests’’ before the period at the end; and (3) by adding at the end the following new (A) by inserting ‘‘or on or after July 1, (ii) in subparagraph (C)— paragraph: 2009’’ after ‘‘before July 1, 2008’’; and (I) by striking clause (ii); and (B) by inserting ‘‘(or, in the case of serv- ‘‘(3) The term ‘preventive services’ means the following: (II) in clause (i)— ices furnished on or after July 1, 2009, 10 per- N GENERAL.—Notwith- ‘‘(A) Prostate cancer screening tests (as de- (aa) by striking ‘‘(i) I cent)’’ after ‘‘5 percent’’; and standing’’ and inserting ‘‘Notwithstanding’’; fined in subsection (oo)). (2) in paragraph (4)(D), by striking ‘‘before and ‘‘(B) Colorectal cancer screening tests (as July 1, 2008’’ and inserting ‘‘before January (bb) by inserting ‘‘100 percent of’’ after defined in subsection (pp)). 1, 2010’’. ‘‘based on’’. ‘‘(C) Diabetes outpatient self-management SEC. 307. HHS STUDY AND REPORT ON THE PROC- (3) ELIMINATION OF COINSURANCE IN OUT- training services (as defined in subsection ESS FOR DETERMINING RELATIVE PATIENT HOSPITAL SETTINGS.— VALUE UNDER THE MEDICARE PHY- (qq)). (A) EXCLUSION FROM OPD FEE SCHEDULE.— SICIAN FEE SCHEDULE. ‘‘(D) Screening for glaucoma for certain in- Section 1833(t)(1)(B)(iv) of the Social Secu- (a) STUDY.—The Secretary shall conduct a dividuals (as described in subsection rity Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is study on the process used by the Secretary (s)(2)(U)). amended by striking ‘‘and diagnostic mam- for determining relative value under the ‘‘(E) Medical nutrition therapy services for mography’’ and inserting ‘‘, diagnostic mam- Medicare physician fee schedule under sec- certain individuals (as described in sub- mography, and preventive services (as de- tion 1848(c) of the Social Security Act (42 section (s)(2)(V)). fined in section 1861(ddd)(3))’’. U.S.C. 1395w–4(c)). Such study shall include ‘‘(F) An initial preventive physical exam- (B) CONFORMING AMENDMENTS.—Section an analysis of the following: ination (as defined in subsection (ww)). 1833(a)(2) of the Social Security Act (42 (1)(A) Whether the existing process in- ‘‘(G) Cardiovascular screening blood tests U.S.C. 1395l(a)(2)) is amended— cludes equitable representation of primary (as defined in subsection (xx)(1)). (i) in subparagraph (F), by striking ‘‘and’’ care physicians (as defined in section 3(a)(6)); ‘‘(H) Diabetes screening tests (as defined in after the semicolon at the end; and subsection (yy)). (ii) in subparagraph (G)(ii), by adding (B) any changes that may be necessary to ‘‘(I) Ultrasound screening for abdominal ‘‘and’’ at the end; and ensure such equitable representation. aortic aneurysm for certain individuals (as (iii) by adding at the end the following new (2)(A) Whether the existing process pro- described in subsection (s)(2)(AA)). subparagraph: vides the Secretary with expert and impar- ‘‘(J) Pneumococcal and influenza vaccine ‘‘(H) with respect to preventive services (as tial input from physicians in medical spe- and their administration (as described in defined in section 1861(ddd)(3)) furnished by cialties that provide primary care to pa- subsection (s)(10)(A)). an outpatient department of a hospital, the tients with multiple chronic diseases, the ‘‘(K) Hepatitis B vaccine and its adminis- amount determined under paragraph (1)(W) fastest growing part of the Medicare popu- tration for certain individuals (as described or (1)(X), as applicable;’’. lation; and in subsection (s)(10)(B)). (c) WAIVER OF APPLICATION OF DEDUCT- (B) any changes that may be necessary to ‘‘(L) Screening mammography (as defined IBLE.—The first sentence of section 1833(b) of ensure such input. in subsection (jj)). the Social Security Act (42 U.S.C. 1395l(b)) is (3)(A) Whether the existing process in- ‘‘(M) Screening pap smear and screening amended— cludes equitable representation of physician pelvic exam (as described in subsection (1) in clause (1), by striking ‘‘items and medical specialties in proportion to their (s)(14)). services described in section 1861(s)(10)(A)’’ relative contributions toward caring for ‘‘(N) Bone mass measurement (as defined and inserting ‘‘preventive services (as de- Medicare beneficiaries, as determined by the in subsection (rr)). fined in section 1861(ddd)(3))’’; percentage of Medicare billings per spe- ‘‘(O) Additional preventive services (as de- (2) by inserting ‘‘and’’ before ‘‘(4)’’; and cialty, percentage of Medicare encounters by termined under paragraph (1)).’’. (3) by striking ‘‘, (5)’’ and all that follows specialty, or such other measures of relative (b) COINSURANCE.— up to the period at the end. contributions to patient care as determined (1) GENERAL APPLICATION.— SEC. 313. HHS STUDY AND REPORT ON FACILI- by the Secretary; and (A) IN GENERAL.—Section 1833(a)(1) of the TATING THE RECEIPT OF MEDICARE (B) any changes that may be necessary to Social Security Act (42 U.S.C. 1395l(a)(1)), as PREVENTIVE SERVICES BY MEDI- reflect such equitable representation. amended by section 302, is amended— CARE BENEFICIARIES. (4)(A) Whether the existing process, includ- (i) in subparagraph (T), by striking ‘‘80 per- (a) STUDY.—The Secretary, in consultation ing the application of budget neutrality cent’’ and inserting ‘‘100 percent’’; with provider organizations and other appro- rules, unfairly disadvantages primary care (ii) in subparagraph (W), by striking ‘‘80 priate stakeholders, shall conduct a study physicians, primary care providers, or other percent’’ and inserting ‘‘100 percent’’; on— physicians who principally provide evalua- (iii) by striking ‘‘and’’ before ‘‘(X)’’; and (1) ways to assist primary care physicians tion and management services; and (iv) by inserting before the semicolon at and primary care providers (as defined in (B) any changes that may be necessary to the end the following: ‘‘, and (Y) with respect section 3(a)) in— eliminate such disadvantages. to preventive services described in subpara- (A) furnishing appropriate preventive serv- (b) REPORT.—Not later than 12 months graphs (A) through (O) of section 1861(ddd)(3), ices (as defined in section 1861(ddd)(3) of the after the date of enactment of this Act, the the amount paid shall be 100 percent of the Social Security Act, as added by section 312) Secretary shall submit to Congress a report lesser of the actual charge for the services or to individuals enrolled under part B of title containing the results of the study con- the amount determined under the fee sched- XVIII of such Act; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE S6042 CONGRESSIONAL RECORD — SENATE June 3, 2009 (B) referring such individuals for other Secretary shall submit to Congress a report sequent annual reports to Congress on Medi- items and services furnished by other physi- containing the results of the study con- care physician payment policies, shall pro- cians and health care providers; and ducted under subsection (a), together with vide an assessment of the impact of changes (2) the advisability and feasability of mak- recommendations for such legislation and in Medicare payment policies in improving ing additional payments under the Medicare administrative action as the Secretary de- access to and equity of payments to primary program to physicians and primary care pro- termines appropriate. care physicians and primary care providers. viders for— SEC. 323. IMPROVED PATIENT CARE THROUGH Such assessment shall include an assessment (A) the work involved in ensuring that EXPANDED SUPPORT FOR LIMITED of the effectiveness, once implemented, of such individuals receive appropriate preven- ENGLISH PROFICIENCY (LEP) SERV- the Medicare payment-related reforms re- tive services furnished by other physicians ICES. quired by this Act to support primary care and health care providers; and (a) ADDITIONAL PAYMENTS FOR PRIMARY as well as any other payment changes that (B) incorporating the resulting clinical in- CARE PHYSICIANS AND PRIMARY CARE PRO- may be required by Congress to improve ac- formation into the treatment plan for the in- VIDERS.—Section 1833 of the Social Security cess to and equity of payments to primary dividual. Act (42 U.S.C. 1395l), as amended by section care physicians and primary care providers. (b) REPORT.—Not later than 12 months 304, is amended by adding at the end the fol- SEC. 326. DISTRIBUTION OF ADDITIONAL RESI- after the date of enactment of this Act, the lowing new subsection: DENCY POSITIONS. ‘‘(y) ADDITIONAL PAYMENTS FOR PROVIDING Secretary shall submit to Congress a report (a) IN GENERAL.—Section 1886(h) of the So- SERVICES TO INDIVIDUALS WITH LIMITED containing the results of the study con- cial Security Act (42 U.S.C. 1395ww(h)) is ENGLISH PROFICIENCY.— ducted under subsection (a), together with amended— ‘‘(1) IN GENERAL.—In the case of primary recommendations for such legislation and (1) in paragraph (4)(F)(i), by striking care providers’ services furnished on or after administrative action as the Secretary de- ‘‘paragraph (7)’’ and inserting ‘‘paragraphs January 1, 2010, to an individual with limited termines appropriate. (7) and (8)’’; English proficiency by a provider, in addi- (2) in paragraph (4)(H)(i), by striking Subtitle C—Other Provisions tion to the amount of payment that would ‘‘paragraph (7)’’ and inserting ‘‘paragraphs SEC. 321. HHS STUDY AND REPORT ON IMPROV- otherwise be made for such services under (7) and (8)’’; and ING THE ABILITY OF PHYSICIANS this part, there shall also be paid an appro- (3) by adding at the end the following new AND PRIMARY CARE PROVIDERS TO priate amount (as determined by the Sec- paragraph: ASSIST MEDICARE BENEFICIARIES IN OBTAINING NEEDED PRESCRIP- retary) in order to recognize the additional ‘‘(8) DISTRIBUTION OF ADDITIONAL RESIDENCY TIONS UNDER MEDICARE PART D. time involved in furnishing the service to POSITIONS.— (a) STUDY.—The Secretary, in consultation such individual. ‘‘(A) ADDITIONAL RESIDENCY POSITIONS.— with physician organizations and other ap- ‘‘(2) JUDICIAL REVIEW.—There shall be no ‘‘(i) REDUCTION IN LIMIT BASED ON UNUSED propriate stakeholders, shall conduct a study administrative or judicial review under sec- POSITIONS.— on the development and implementation of tion 1869, 1878, or otherwise, respecting the ‘‘(I) IN GENERAL.—The Secretary shall re- mechanisms to facilitate increased effi- determination of the amount of additional duce the otherwise applicable resident limit ciency relating to the role of physicians and payment under this subsection.’’. for a hospital that the Secretary determines primary care providers in Medicare bene- (b) NATIONAL CLEARINGHOUSE.—Not later had residency positions that were unused for ficiaries obtaining needed prescription drugs than 180 days after the date of enactment of all 5 of the most recent cost reporting peri- under the Medicare prescription drug pro- this Act, the Secretary shall establish a na- ods ending prior to the date of enactment of gram under part D of title XVIII of the So- tional clearinghouse to make available to this paragraph by an amount that is equal to cial Security Act. Such study shall include the primary care physicians, primary care the number of such unused residency posi- an analysis of ways to— providers, patients, and States translated tions. (1) improve the accessibility of formulary documents regarding patient care and edu- ‘‘(II) EXCEPTION FOR RURAL HOSPITALS AND cation under the Medicare program, the CERTAIN OTHER HOSPITALS information; .—This subpara- Medicaid program, and the State Children’s (2) streamline the prior authorization, ex- graph shall not apply to a hospital— Health Insurance Program under titles ception, and appeals processes, through, at a ‘‘(aa) located in a rural area (as defined in XVIII, XIX, and XXI, respectively, of the So- minimum, standardizing formats and allow- subsection (d)(2)(D)(ii)); cial Security Act. ing electronic exchange of information; and ‘‘(bb) that has participated in a voluntary (c) GRANTS TO SUPPORT LANGUAGE TRANS- (3) recognize the work of the physician and reduction plan under paragraph (6); or LATION SERVICES IN UNDERSERVED COMMU- primary care provider involved in the pre- ‘‘(cc) that has participated in a demonstra- NITIES.— scribing process, especially work that may tion project approved as of October 31, 2003, (1) AUTHORITY TO AWARD GRANTS.—The Sec- under the authority of section 402 of Public extend beyond the amount considered to be retary shall award grants to support lan- bundled into payment for evaluation and Law 90–248. guage translation services for primary care ‘‘(ii) NUMBER AVAILABLE FOR DISTRIBU- management services. physicians and primary care providers in (b) REPORT.—Not later than 12 months TION.—The number of additional residency medically underserved areas (as defined in after the date of enactment of this Act, the positions available for distribution under section 3(c)). Secretary shall submit to Congress a report subparagraph (B) shall be an amount that (2) AUTHORIZATION OF APPROPRIATIONS.— containing the results of the study con- the Secretary determines would result in a There are authorized to be appropriated to ducted under subsection (a), together with 15 percent increase in the aggregate number the Secretary to award grants under this recommendations for such legislation and of full-time equivalent residents in approved subsection, such sums as are necessary for administrative action as the Secretary de- medical training programs (as determined fiscal years beginning with fiscal year 2010. termines appropriate. based on the most recent cost reports avail- SEC. 324. HHS STUDY AND REPORT ON USE OF able at the time of distribution). One-third of SEC. 322. HHS STUDY AND REPORT ON IMPROVED REAL-TIME MEDICARE CLAIMS AD- such number shall only be available for dis- PATIENT CARE THROUGH IN- JUDICATION. CREASED CAREGIVER AND PHYSI- tribution to hospitals described in subclause (a) STUDY.—The Secretary shall conduct a CIAN INTERACTION. (I) of subparagraph (B)(ii) under such sub- study to assess the ability of the Medicare (a) STUDY.—The Secretary, in consultation paragraph. program under title XVIII of the Social Se- with appropriate stakeholders, shall conduct ‘‘(B) DISTRIBUTION.— curity Act to engage in real-time claims ad- a study on the development and implementa- ‘‘(i) IN GENERAL.—The Secretary shall in- judication for items and services furnished tion of mechanisms to promote and increase crease the otherwise applicable resident to Medicare beneficiaries. interaction between physicians or primary limit for each qualifying hospital that sub- (b) CONSULTATION.—In conducting the care providers and the families of Medicare study under subsection (a), the Secretary mits an application under this subparagraph beneficiaries, as well as other caregivers who consult with stakeholders in the private sec- by such number as the Secretary may ap- support such beneficiaries, for the purpose of tor, including stakeholders who are using or prove for portions of cost reporting periods improving patient care under the Medicare are testing real-time claims adjudication occurring on or after the date of enactment program. Such study shall include an anal- systems. of this paragraph. The aggregate number of ysis of— (c) REPORT.—Not later than January 1, increases in the otherwise applicable resi- (1) ways to recognize the work of physi- 2011, the Secretary shall submit to Congress dent limit under this subparagraph shall be cians and primary care providers involved in a report containing the results of the study equal to the number of additional residency discussing clinical issues with caregivers conducted under subsection (a), together positions available for distribution under that relate to the care of the beneficiary; with recommendations for such legislation subparagraph (A)(ii). and and administrative action as the Secretary ‘‘(ii) DISTRIBUTION TO HOSPITALS ALREADY (2) regulations under the Medicare program determines appropriate. OPERATING OVER RESIDENT LIMIT.— N GENERAL that are barriers to interactions between SEC. 325. ONGOING ASSESSMENT BY MEDPAC OF ‘‘(I) I .—Subject to subclause (II), caregivers and physicians or primary care THE IMPACT OF MEDICARE PAY- in the case of a hospital in which the ref- providers and how such regulations should be MENTS ON PRIMARY CARE ACCESS erence resident level of the hospital (as de- revised to eliminate such barriers. AND EQUITY. fined in clause (ii)) is greater than the other- (b) REPORT.—Not later than 12 months The Medicare Payment Advisory Commis- wise applicable resident limit, the increase after the date of enactment of this Act, the sion, beginning in 2010 and in each of its sub- in the otherwise applicable resident limit

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6043 under this subparagraph shall be an amount an increase under subparagraph (B)(ii)), the (B) by striking ‘‘it applies’’ and inserting equal to the product of the total number of Secretary shall distribute the increase to ‘‘they apply’’. additional residency positions available for hospitals based on the following criteria: (2) CONFORMING PROVISION.—Section distribution under subparagraph (A)(ii) and ‘‘(i) The Secretary shall give preference to 1886(d)(5)(B) of the Social Security Act (42 the quotient of— hospitals that submit applications for new U.S.C. 1395ww(d)(5)(B)) is amended by adding ‘‘(aa) the number of resident positions by primary care and general surgery residency at the end the following clause: which the reference resident level of the hos- positions. In the case of any increase based ‘‘(x) For discharges occurring on or after pital exceeds the otherwise applicable resi- on such preference, a hospital shall ensure the date of enactment of this clause, insofar dent limit for the hospital; and that— as an additional payment amount under this ‘‘(bb) the number of resident positions by ‘‘(I) the position made available as a result subparagraph is attributable to resident po- which the reference resident level of all such of such increase remains a primary care or sitions distributed to a hospital under sub- hospitals with respect to which an applica- general surgery residency position for not section (h)(8)(B), the indirect teaching ad- tion is approved under this subparagraph ex- less than 10 years after the date on which the justment factor shall be computed in the ceeds the otherwise applicable resident limit position is filled; and same manner as provided under clause (ii) for such hospitals. ‘‘(II) the total number of primary care and with respect to such resident positions.’’. ‘‘(II) REQUIREMENTS.—A hospital described general surgery residency positions in the in subclause (I)— SEC. 327. COUNTING RESIDENT TIME IN OUT- hospital (determined based on the number of PATIENT SETTINGS. ‘‘(aa) is not eligible for an increase in the such positions as of the date of such in- (a) D–GME.—Section 1886(h)(4)(E) of the otherwise applicable resident limit under crease, including any position added as a re- Social Security Act (42 U.S.C. this subparagraph unless the amount by sult of such increase) is not decreased during 1395ww(h)(4)(E)) is amended— which the reference resident level of the hos- such 10-year period. (1) by striking ‘‘under an approved medical pital exceeds the otherwise applicable resi- In the case where the Secretary determines residency training program’’; and dent limit is not less than 10 and the hos- that a hospital no longer meets the require- (2) by striking ‘‘if the hospital incurs all, pital trains at least 25 percent of the full- ment of subclause (II), the Secretary may re- or substantially all, of the costs for the time equivalent residents of the hospital in duce the otherwise applicable resident limit training program in that setting’’ and insert- primary care and general surgery (as of the of the hospital by the amount by which such ing ‘‘if the hospital continues to incur the date of enactment of this paragraph); and limit was increased under this paragraph. costs of the stipends and fringe benefits of ‘‘(bb) shall continue to train at least 25 ‘‘(ii) The Secretary shall give preference to the resident during the time the resident percent of the full-time equivalent residents hospitals that emphasizes training in com- spends in that setting’’. of the hospital in primary care and general munity health centers and other commu- surgery for the 10-year period beginning on nity-based clinical settings. (b) IME.—Section 1886(d)(5)(B)(iv) of the such date. ‘‘(iii) The Secretary shall give preference Social Security Act (42 U.S.C. In the case where the Secretary determines to hospitals in States that have more med- 1395ww(d)(5)(B)(iv)) is amended— that a hospital no longer meets the require- ical students than residency positions avail- (1) by striking ‘‘under an approved medical ment of item (bb), the Secretary may reduce able (including a greater preference for those residency training program’’; and the otherwise applicable resident limit of the States with smaller resident-to-medical-stu- (2) by striking ‘‘if the hospital incurs all, hospital by the amount by which such limit dent ratios). In determining the number of or substantially all, of the costs for the was increased under this clause. medical students in a State for purposes of training program in that setting’’ and insert- ‘‘(III) CLARIFICATION REGARDING ELIGIBILITY the preceding sentence, the Secretary shall ing ‘‘if the hospital continues to incur the FOR OTHER ADDITIONAL RESIDENCY POSI- include planned students at medical schools costs of the stipends and fringe benefits of TIONS.—Nothing in this clause shall be con- which have provisional accreditation by the the intern or resident during the time the in- strued as preventing a hospital described in Liaison Committee on Medical Education or tern or resident spends in that setting’’. subclause (I) from applying for additional the American Osteopathic Association. (c) EFFECTIVE DATES; APPLICATION.— residency positions under this paragraph ‘‘(iv) The Secretary shall give preference (1) IN GENERAL.—Effective for cost report- that are not reserved for distribution under ing periods beginning on or after July 1, 2009, this clause. to hospitals in States that have low resident- to-population ratios (including a greater the Secretary of Health and Human Services ‘‘(iii) REFERENCE RESIDENT LEVEL.— preference for those States with lower resi- shall implement the amendments made by ‘‘(I) IN GENERAL.—Except as otherwise pro- this section in a manner so as to apply to vided in subclause (II), the reference resident dent-to-population ratios). cost reporting periods beginning on or after level specified in this clause for a hospital is ‘‘(E) LIMITATION.— July 1, 2009. the resident level for the most recent cost ‘‘(i) IN GENERAL.—Except as provided in (2) APPLICATION.—The amendments made reporting period of the hospital ending on or clause (ii), in no case may a hospital (other by this section shall not be applied in a man- before the date of enactment of this para- than a hospital described in subparagraph ner that requires reopening of any settled graph, for which a cost report has been set- (B)(ii)(I), subject to the limitation under hospital cost reports as to which there is not tled (or, if not, submitted (subject to audit)), subparagraph (B)(ii)(III)) apply for more a jurisdictionally proper appeal pending as of as determined by the Secretary. than 50 full-time equivalent additional resi- the date of the enactment of this Act on the ‘‘(II) USE OF MOST RECENT ACCOUNTING PE- dency positions under this paragraph. issue of payment for indirect costs of med- RIOD TO RECOGNIZE EXPANSION OF EXISTING ‘‘(ii) INCREASE IN NUMBER OF ADDITIONAL PO- ical education under section 1886(d)(5)(B) of PROGRAM OR ESTABLISHMENT OF NEW PRO- SITIONS AVAILABLE FOR DISTRIBUTION.—The the Social Security (42 U.S.C. GRAM.—If a hospital submits a timely re- Secretary shall increase the number of full- quest to increase its resident level due to an time equivalent additional residency posi- 1395ww(d)(5)(B))Act or for direct graduate expansion of an existing residency training tions a hospital may apply for under this medical education costs under section 1886(h) program or the establishment of a new resi- paragraph if the Secretary determines that of such Act (42 U.S.C. 1395ww(h)). dency training program that is not reflected the number of additional residency positions SEC. 328. RULES FOR COUNTING RESIDENT TIME on the most recent cost report that has been available for distribution under subpara- FOR DIDACTIC AND SCHOLARLY AC- settled (or, if not, submitted (subject to graph (A)(ii) exceeds the number of such ap- TIVITIES AND OTHER ACTIVITIES. audit)), after audit and subject to the discre- plications approved. (a) GME.—Section 1886(h) of the Social Se- tion of the Secretary, the reference resident ‘‘(F) APPLICATION OF PER RESIDENT curity Act (42 U.S.C. 1395ww(h)), as amended level for such hospital is the resident level AMOUNTS FOR PRIMARY CARE AND NONPRIMARY by section 327(a), is amended— for the cost reporting period that includes CARE.—With respect to additional residency (1) in paragraph (4)(E)— the additional residents attributable to such positions in a hospital attributable to the in- (A) by designating the first sentence as a expansion or establishment, as determined crease provided under this paragraph, the ap- clause (i) with the heading ‘‘IN GENERAL’’ and by the Secretary. proved FTE resident amounts are deemed to appropriate indentation and by striking ‘‘(C) CONSIDERATIONS IN REDISTRIBUTION.— be equal to the hospital per resident ‘‘Such rules’’ and inserting ‘‘Subject to In determining for which hospitals the in- amounts for primary care and nonprimary clause (ii), such rules’’; and crease in the otherwise applicable resident care computed under paragraph (2)(D) for (B) by adding at the end the following new limit is provided under subparagraph (B) that hospital. clause: (other than an increase under subparagraph ‘‘(G) DISTRIBUTION.—The Secretary shall ‘‘(ii) TREATMENT OF CERTAIN NONHOSPITAL (B)(ii)), the Secretary shall take into ac- distribute the increase to hospitals under AND DIDACTIC ACTIVITIES.—Such rules shall count the demonstrated likelihood of the this paragraph not later than 2 years after provide that all time spent by an intern or hospital filling the positions within the first the date of enactment of this paragraph.’’. resident in an approved medical residency 3 cost reporting periods beginning on or after (b) IME.— training program in a nonhospital setting July 1, 2010, made available under this para- (1) IN GENERAL.—Section 1886(d)(5)(B)(v) of that is primarily engaged in furnishing pa- graph, as determined by the Secretary. the Social Security Act (42 U.S.C. tient care (as defined in paragraph (5)(K)) in ‘‘(D) PRIORITY FOR CERTAIN AREAS.—In de- 1395ww(d)(5)(B)(v)), in the second sentence, is non-patient care activities, such as didactic termining for which hospitals the increase in amended— conferences and seminars, but not including the otherwise applicable resident limit is (A) by striking ‘‘subsection (h)(7)’’ and in- research not associated with the treatment provided under subparagraph (B) (other than serting ‘‘subsections (h)(7) and (h)(8)’’; and or diagnosis of a particular patient, as such

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE S6044 CONGRESSIONAL RECORD — SENATE June 3, 2009 time and activities are defined by the Sec- the date of the enactment of this Act on the waives the right as a new provider under the retary, shall be counted toward the deter- issue of payment for indirect costs of med- program under this title to have the other- mination of full-time equivalency.’’; ical education under section 1886(d)(5)(B) of wise applicable resident limit of the acquired (2) in paragraph (4), by adding at the end the Social Security Act or for direct grad- hospital re-established or increased.’’. the following new subparagraph: uate medical education costs under section (b) IME.—Section 1886(d)(5)(B)(v) of the So- ‘‘(I) In determining the hospital’s number 1886(h) of such Act. cial Security Act (42 U.S.C. of full-time equivalent residents for purposes SEC. 329. PRESERVATION OF RESIDENT CAP PO- 1395ww(d)(5)(B)(v)), in the second sentence, of this subsection, all the time that is spent SITIONS FROM CLOSED AND AC- as amended by section 326(b), is amended by by an intern or resident in an approved med- QUIRED HOSPITALS. striking ‘‘subsections (h)(7) and (h)(8)’’ and ical residency training program on vacation, (a) GME.—Section 1886(h)(4)(H) of the So- inserting ‘‘subsections (h)(4)(H)(vi), sick leave, or other approved leave, as such cial Security Act (42 U.S.C. Section (h)(4)(H)(vii), (h)(7), and (h)(8)’’. time is defined by the Secretary, and that 1395ww(h)(4)(H)) is amended by adding at the (c) APPLICATION.—The amendments made does not prolong the total time the resident end the following new clauses: by this section shall not be applied in a man- is participating in the approved program be- ‘‘(vi) REDISTRIBUTION OF RESIDENCY SLOTS ner that requires reopening of any settled yond the normal duration of the program AFTER A HOSPITAL CLOSES.— hospital cost reports as to which there is not shall be counted toward the determination of ‘‘(I) IN GENERAL.—Subject to the suc- a jurisdictionally proper appeal pending as of full-time equivalency.’’; and ceeding provisions of this clause, the Sec- the date of the enactment of this Act on the (3) in paragraph (5), by adding at the end retary shall, by regulation, establish a proc- issue of payment for indirect costs of med- the following new subparagraph: ess under which, in the case where a hospital ical education under section 1886(d)(5)(B) of ‘‘(M) NONHOSPITAL SETTING THAT IS PRI- with an approved medical residency program the Social Security Act (42 U.S.C. MARILY ENGAGED IN FURNISHING PATIENT closes on or after the date of enactment of 1395ww(d)(5)(B))or for direct graduate med- CARE.—The term ‘nonhospital setting that is the Balanced Budget Act of 1997, the Sec- ical education costs under section 1886(h) of primarily engaged in furnishing patient care’ retary shall increase the otherwise applica- such Act (42 U.S.C. 1395ww(h)). means a nonhospital setting in which the ble resident limit under this paragraph for (d) NO AFFECT ON TEMPORARY FTE CAP AD- primary activity is the care and treatment other hospitals in accordance with this JUSTMENTS.—The amendments made by this of patients, as defined by the Secretary.’’. clause. section shall not affect any temporary ad- (b) IME DETERMINATIONS.—Section ‘‘(II) PRIORITY FOR HOSPITALS IN CERTAIN justment to a hospital’s FTE cap under sec- 1886(d)(5)(B) of such Act (42 U.S.C. AREAS.—Subject to the succeeding provisions tion 413.79(h) of title 42, Code of Federal Reg- 1395ww(d)(5)(B)), as amended by section of this clause, in determining for which hos- ulations (as in effect on the date of enact- 326(b), is amended by adding at the end the pitals the increase in the otherwise applica- ment of this Act). following new clause: ble resident limit is provided under such SEC. 330. QUALITY IMPROVEMENT ORGANIZA- ‘‘(xi)(I) The provisions of subparagraph (I) process, the Secretary shall distribute the TION ASSISTANCE FOR PHYSICIAN of subsection (h)(4) shall apply under this increase to hospitals located in the following PRACTICES SEEKING TO BE PATIENT subparagraph in the same manner as they priority order (with preference given within CENTERED MEDICAL HOME PRAC- apply under such subsection. each category to hospitals that are members TICES. ‘‘(II) In determining the hospital’s number of the same affiliated group (as defined by Not later than 90 days after the date of en- of full-time equivalent residents for purposes the Secretary under clause (ii)) as the closed actment of this Act, the Secretary of Health of this subparagraph, all the time spent by hospital): and Human Services shall revise the 9th an intern or resident in an approved medical ‘‘(aa) First, to hospitals located in the Statement of Work under the Quality Im- residency training program in non-patient same core-based statistical area as, or a provement Program under part B of title XI care activities, such as didactic conferences core-based statistical area contiguous to, the of the Social Security Act to include a re- and seminars, as such time and activities are hospital that closed. quirement that, in order to be an eligible defined by the Secretary, that occurs in the ‘‘(bb) Second, to hospitals located in the Quality Improvement Organization (in this hospital shall be counted toward the deter- same State as the hospital that closed. section referred to as a ‘QIO’) for the 9th mination of full-time equivalency if the hos- ‘‘(cc) Third, to hospitals located in the Statement of Work contract cycle, a QIO pital— same region of the country as the hospital shall provide assistance, including technical ‘‘(aa) is recognized as a subsection (d) hos- that closed. assistance, to physicians under the Medicare pital; ‘‘(dd) Fourth, to all other hospitals. program under title XVIII of the Social Se- ‘‘(bb) is recognized as a subsection (d) ‘‘(III) REQUIREMENT HOSPITAL LIKELY TO curity Act that seek to acquire the elements Puerto Rico hospital; FILL POSITION WITHIN CERTAIN TIME PERIOD.— necessary to be recognized as a patient cen- ‘‘(cc) is reimbursed under a reimbursement The Secretary may only increase the other- tered medical home practice under the Na- system authorized under section 1814(b)(3); or wise applicable resident limit of a hospital tional Committee for Quality Assurance’s ‘‘(dd) is a provider-based hospital out- under such process if the Secretary deter- Physician Practice Connections-PCMH mod- patient department. mines the hospital has demonstrated a like- ule (or any successor module issued by such ‘‘(III) In determining the hospital’s number lihood of filling the positions made available Committee). of full-time equivalent residents for purposes under this clause within 3 years. TITLE IV—STUDIES of this subparagraph, all the time spent by ‘‘(IV) LIMITATION.—The aggregate number SEC. 401. STUDY CONCERNING THE DESIGNATION an intern or resident in an approved medical of increases in the otherwise applicable resi- OF PRIMARY CARE AS A SHORTAGE residency training program in research ac- dent limits for hospitals under this clause PROFESSION. tivities that are not associated with the shall be equal to the number of resident posi- (a) IN GENERAL.—Not later than June 30, treatment or diagnosis of a particular pa- tions in the approved medical residency pro- 2010, the Secretary of Labor shall conduct a tient, as such time and activities are defined grams that closed on or after the date de- study and submit to the Committee on Edu- by the Secretary, shall not be counted to- scribed in subclause (I). cation and Labor of the House of Representa- ward the determination of full-time equiva- ‘‘(vii) SPECIAL RULE FOR ACQUIRED HOS- tives and the Committee on Health, Edu- lency.’’. PITALS.— cation, Labor, and Pensions a report that (c) EFFECTIVE DATES; APPLICATION.— ‘‘(I) IN GENERAL.—In the case of a hospital contains— (1) IN GENERAL.—Except as otherwise pro- that is acquired (through any mechanism) by (1) a description of the criteria for the des- vided, the Secretary of Health and Human another entity with the approval of a bank- ignation of primary care physicians as pro- Services shall implement the amendments ruptcy court, during a period determined by fessions in shortage as defined by the Sec- made by this section in a manner so as to the Secretary (but not less than 3 years), the retary under section 212(a)(5)(A) of the Immi- apply to cost reporting periods beginning on applicable resident limit of the acquired hos- gration and Nationality Act; or after January 1, 1983. pital shall, except as provided in subclause (2) the findings of the Secretary on wheth- (2) DIRECT GME.—Section 1886(h)(4)(E)(ii) of (II), be the applicable resident limit of the er primary care physician professions will, the Social Security Act, as added by sub- hospital that was acquired (as of the date on the date on which the report is submitted, section (a)(1)(B), shall apply to cost report- immediately before the acquisition), without or within the 5-year period beginning on ing periods beginning on or after July 1, 2009. regard to whether the acquiring entity ac- such date, satisfy the criteria referred to in (3) IME.—Section 1886(d)(5)(B)(xi)(III) of cepts assignment of the Medicare provider paragraph (1); and the Social Security Act, as added by sub- agreement of the hospital that was acquired, (3) if the Secretary finds that such profes- section (b), shall apply to cost reporting pe- so long as the acquiring entity continues to sions will not satisfy such criteria, rec- riods beginning on or after October 1, 2001. operate the hospital that was acquired and ommendations for modifications to such cri- Such section, as so added, shall not give rise to furnish services, medical residency pro- teria to enable primary care physicians to be to any inference on how the law in effect grams, and volume of patients similar to the so designated as a profession in shortage. prior to such date should be interpreted. services, medical residency programs, and (b) REQUIREMENTS.—In conducting the (4) APPLICATION.—The amendments made volume of patients of the hospital that was study under subsection (a), the Secretary of by this section shall not be applied in a man- acquired (as determined by the Secretary) Labor shall consider workforce data from the ner that requires reopening of any settled during such period. Health Resources and Services Administra- hospital cost reports as to which there is not ‘‘(II) LIMITATION.—Subclause (I) shall only tion, the Council on Graduate Medical Edu- a jurisdictionally proper appeal pending as of apply in the case where an acquiring entity cation, the Association of American Medical

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6045 Colleges, and input from physician member- to a new payment methodology to provide stituent nursing associations, we represent ship organizations that represent primary monthly payments to PCMH practices that RNs across the nation in all educational and care physicians. provide care coordination to Medicare bene- practice settings. ANA believes that a health SEC. 402. STUDY CONCERNING THE EDUCATION ficiaries. Additionally, grants to states for care system that is patient-centered, com- DEBT OF MEDICAL SCHOOL GRAD- inclusion of the PCMH into Medicaid and prehensive, accessible, and delivers quality UATES. SCHIP programs will further provide pa- care for all is something that should not be (a) STUDY.—The Comptroller General of tients with on-going access to coordinated a partisan or political issue. the United States shall conduct a study to care by a physician. The Preserving Patient Access to Primary evaluate the higher education-related in- Over the last decade, the population of our Care Act of 2009 would provide scholarship debtedness of medical school graduates in country has increased and grown older. In- and loan repayment opportunities for pri- the United States at the time of graduation creasing access to health care coverage for mary care providers who serve in areas with from medical school, and the impact of such all Americans is at the center of the health critical shortages of primary care services. indebtedness on specialty choice, including care reform debate. We must work to ensure Secondly, the bill would increase Medicare the impact on the field of primary care. that our nation’s physician workforce is ca- reimbursements for primary care providers, (b) REPORT.— pable of meeting future increased demand. and provide Medicare payments for care co- (1) SUBMISSION AND DISSEMINATION OF RE- Central to achieving this is a strong GME ordination services, and monthly payments PORT.—Not later than 1 year after the date of system. to practices which serve as patient centered enactment of this Act, the Comptroller Gen- The current Medicare payment system in medical homes. Moreover, the Preserving eral shall submit a report on the study re- the United States neglects the value of di- Patient Access to Primary Care Act of 2009 quired by subsection (a) to the Committee on dactic experiences, training opportunities in aims to support an interdisciplinary model Health, Education, Labor, and Pensions of non-hospital settings, and voluntary physi- in which providers, physicians and nurses, the Senate and the Committee on Education cian supervision of medical residents within are able to practice collaboratively and to and Labor of the House of Representatives, the GME system. The ACOFP is supportive the full extent of their education and licen- and shall make such report widely available of your efforts to create new training oppor- sure on behalf of the patient. to the public. tunities in non-hospital settings as well as The American Nurses Association is proud (2) ADDITIONAL REPORTS.—The Comptroller those seeking to clarify existing regulations to support this legislation and we look for- General may periodically prepare and release governing non-hospital training. Recent sta- ward to working with you and others in the as necessary additional reports on the topic tistics associated with career choices of med- health care community to ensure that your described in subsection (a). ical school graduates reveal the acute need vision of strengthening primary care be- SEC. 403. STUDY ON MINORITY REPRESENTATION to increase our nation’s supply of family comes reality. IN PRIMARY CARE. physicians. The ACOFP strongly believes Sincerely, (a) STUDY.—The Secretary of Health and that by providing experiences in non-hos- ROSE GONZALEZ, Human Services, acting through the Admin- pital settings for resident physicians, espe- Director, Government Affairs, istrator of the Health Resources and Serv- cially those in primary care specialties, in- American Nurses Association. ices Administration, shall conduct a study of creases the likelihood that they will seek minority representation in training, and in practice opportunities in those settings. AMERICAN OSTEOPATHIC ASSOCIATION, practice, in primary care specialties. Finally, the ACOFP supports your efforts Washington, DC, May 20, 2009. (b) REPORT.—Not later than 1 year after to increase the number of primary care phy- Hon. MARIA CANTWELL, the date of enactment of this Act, the Sec- sicians through new scholarship and loan retary of Health and Human Services, acting forgiveness programs. We recognize that the U.S. Senate, through the Administrator of the Health Re- education debt burden carried by medical Washington, DC. Hon. SUSAN COLLINS, sources and Services Administration, shall school graduates discourages students from submit to the appropriate committees of seeking careers in public health service, U.S. Senate, Congress a report concerning the study con- seeking careers in family practice or prac- Washington, DC. ducted under subsection (a), including rec- ticing in underserved areas. According to the DEAR SENATORS CANTWELL AND COLLINS: On ommendations for achieving a primary care American Association of Colleges of Osteo- behalf of the American Osteopathic Associa- workforce that is more representative of the pathic Medicine (AACOM), the average os- tion (AOA) and the 64,000 osteopathic physi- population of the United States. teopathic medical school graduate has a debt cians it represents, I am pleased to inform load of $168,031. Further, the average first you of our strong support for the ‘‘Pre- AMERICAN COLLEGE OF year medical resident stipend is $44,747. serving Patient Access to Primary Care OSTEOPATHIC FAMILY PHYSICIANS, Scholarships and loan forgiveness for physi- Act.’’ We believe your legislation would pro- Arlington Heights, IL, May 21, 2009. cians who agree to practice primary care vide a critical boost to the primary care phy- Hon. MARIA CANTWELL, medicine in underserved areas would allow sician workforce through innovative changes U.S. Senate, medical school graduates to pursue careers to the Medicare payment structure and grad- Washington, DC. in medical specialties based upon their indi- uate medical education system, among other DEAR SENATOR CANTWELL: On behalf of the vidual career interests rather than their fi- reforms. The AOA commends your leadership American College of Osteopathic Family nancial obligations, while additionally ad- on these important issues and we are com- Physicians (ACOFP), I am pleased to offer dressing geographic disparities in access to mitted to assisting you in securing enact- you our strong support for the ‘‘Preserving care. ment of this legislation. Patient Access to Primary Care Act’’. This Again, thank you for your leadership on We applaud the emphasis your legislation legislation lays the groundwork for a much this important legislation. The ACOFP and places upon improving primary care through needed boost to the primary care physician our members stand ready to assist you in se- alternative payment mechanisms. As you workforce through reforms of both the Medi- curing enactment of this important legisla- know, the Medicare physician payment sys- care payment system and the graduate med- tion. tem is fundamentally flawed and fails to rec- ical education (GME) system. The ACOFP Respectfully, ognize the value of primary care services in lauds your ambitious leadership on these im- JAN D. ZIEREN, achieving savings through prevention and portant issues and looks forward to helping ACOFP President. care coordination. Studies indicate that in- you secure enactment of this legislation. come disparities have a significant negative As you are well aware, the current Medi- MAY 20, 2009. impact on the choice of primary care as a ca- care physician payment system neglects to Hon. MARIA CANTWELL, reer. The ‘‘Preserving Patient Access to Pri- recognize the value of primary care services U.S. Senate, mary Care Act’’ would promote payment eq- in the health care delivery system. Studies Washington, DC. uity for primary care physicians by increas- show that access to primary health care is DEAR SENATOR CANTWELL: I am writing on ing payments for evaluation and manage- associated with better health outcomes and behalf of the American Nurses Association ment services and providing bonus payments lower health care costs. We commend you on (ANA) to applaud your efforts to address the for other important primary services. The the emphasis your legislation places on ad- shortage of primary care providers by intro- AOA appreciates your foresight and recogni- dressing payment equity among physicians ducing the Preserving Patient Access to Pri- tion of the long-term savings that will be re- by increasing payments for evaluation and mary Care Act of 2009. ANA strongly sup- alized through increased access to primary management services and providing bonus ports this legislation because it recognizes care. payments for care coordination and other te- the integral role nurses and nurse practi- The AOA strongly supports an expansion of nets central to the delivery of primary care. tioners play in the delivery of primary care the Patient Centered Medical Home (PCMH) The ACOFP applauds the provisions in- and helps bring the focus of our health care through the Medicare demonstration project cluded in the ‘‘Preserving Patient Access to system back where it belongs—on the pa- and grants to states for inclusion of PCMH Primary Care Act’’ to expand the Patient tient and the community. models in their Medicaid and SCHIP pro- Centered Medical Home (PCMH). Building The American Nurses Association is the grams. Your legislation provides a monthly upon the progress made in the current Medi- only full-service national association rep- primary care management fee for physicians care demonstration projects, your legisla- resenting the interests of 2.9 million reg- who are designated the health home of a tion would require that Medicare transition istered nurses (RNs). Through our 51 con- Medicare beneficiary and provide continuous

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 9920 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE S6046 CONGRESSIONAL RECORD — SENATE June 3, 2009 medical care. This policy is consistent with Confidence in Long-Term Care Insur- inflation protection. States should also the principles of the patient-centered med- ance Act of 2009. With America aging have to approve materials used to mar- ical home as envisioned by the AOA. The at an unprecedented rate, and with the ket Partnership policies. The Con- PCMH payment policy contained in this leg- high and rising costs of caring for a fidence in Long-Term Care Insurance islation accounts for the considerable prac- tice expenses involved in comprehensive care loved one, the financing of long-term Act will institute many of these needed coordination and facilitates widespread care must be addressed if we are going improvements. adoption of the medical home. The AOA to get health care costs under control. In closing, I urge my colleagues to strongly supports this move toward a model I am proud to be an original cosponsor support the Confidence in Long-Term of health care delivery that is based on an of this bill. I wish to also thank my Care Insurance Act of 2009. It is esti- ongoing personal relationship with a physi- colleague Senator WYDEN for his lead- mated that two out of three Americans cian. ership on addressing the financing of who reach the age of 65 will need long- Over the past 10 years our population has long-term care. term care services and supports at increased and aged, and to ensure that our We all know that long-term care is nation’s physician workforce is capable of some point to assist them with day-to- meeting increased demand, we must begin to expensive. The cost of an average nurs- day activities, and enable them to educate and train a larger cadre of physi- ing home is nearly $75,000 per year. maintain a high-quality, independent cians now. A strong graduate medical edu- However, according to the Congres- life. Long-term care insurance is an ap- cation (GME) system capable of providing sional Research Service, most Ameri- propriate product for many who wish training opportunities across specialties and cans do not realize that neither Medi- to plan for a secure retirement. But we geographic regions is central to building the care nor Medicaid will cover these must guarantee that consumers have physician workforce. However, these institu- costs unless their household savings adequate information and protections, tions are currently confronted with fierce are nearly eliminated. States share the competition from private markets, increas- and that premiums won’t skyrocket ing costs and shrinking federal support. In responsibility of providing Medicaid down the road. I thank Senator WYDEN addition to increasing residency training funding for long-term care with the for his commitment to ensuring we ad- programs to meet the needs of our growing federal government, and are also look- dress the important issue of long-term population, this legislation would appro- ing for ways to reduce their expenses. care financing. I look forward to work- priately permit Direct Graduate Medical As of today, 43 states are in the process ing with my colleagues to enact the Education (DGME) and Indirect Medical of launching ‘‘Partnership’’ programs, legislation we are introducing today. Education (IME) reimbursement for didactic which provide incentives to consumers Mr. President, I ask unanimous con- educational activities and allow hospitals to who purchase private long-term care count the time residents spend providing pa- sent that the text of the bill be printed tient care in outpatient settings. The AOA insurance. But in the rush to ease the in the RECORD. strongly supports these provisions. burden of long-term care costs on state There being no objection, the text of Finally, the AOA strongly supports your budgets, we fear that some key con- the bill was ordered to be printed in efforts to address the burden of the edu- cerns are being overlooked. the RECORD, as follows: cational debt carried by many young physi- We have a duty to make sure these S. 1177 cians that may discourage them from seek- policies, which may span many dec- ing careers in public health service, prac- Be it enacted by the Senate and House of Rep- ades, are financially viable. Several resentatives of the United States of America in ticing in underserved areas, or seeking ca- long-term care insurance providers reers in primary care specialties. The aver- Congress assembled, age osteopathic medical school graduate has have applied for TARP funds in recent SECTION 1. SHORT TITLE; TABLE OF CONTENTS. a debt load of $168,031 and the average first months, raising questions about their (a) SHORT TITLE.—This Act may be cited as year medical resident stipend is $44,747, mak- solvency. In addition, many insurance the ‘‘Confidence in Long-Term Care Insur- ing student debt a significant hardship companies have been raising their pol- ance Act of 2009’’. throughout a physician’s training. By pro- icyholders’ monthly premiums, which (b) TABLE OF CONTENTS.—The table of con- viding scholarships and loan forgiveness for can be devastating for older persons tents of this Act is as follows: primary care physicians who agree to prac- who are living on a fixed income. Many Sec. 1. Short title; table of contents. tice in underserved areas, this legislation Americans living on modest or fixed in- would address geographic disparities in ac- TITLE I—NATIONAL MARKET SURVEY; cess to care and allow medical school grad- comes, who have held policies for many MODEL DISCLOSURES AND DEFINI- uates to pursue training opportunities in years, have seen premium rates double TIONS; LTC INSURANCE COMPARE medical specialties based upon their indi- when a company encounters financial Sec. 101. NAIC national market survey. vidual career interests and talents versus difficulties. For such consumers, the Sec. 102. Model disclosures and definitions. their financial obligations. choices are stark and very limited: Sec. 103. LTC Insurance Compare. Today, one in five medical students in the they can either dig deeper and pay the TITLE II—IMPROVED STATE CONSUMER United States is enrolled in a college of os- increased premiums, or let their policy PROTECTIONS FOR QUALIFIED LONG- teopathic medicine. The current colleges of lapse, leaving them with no coverage if TERM CARE INSURANCE CONTRACTS osteopathic medicine, and those set to open AND MEDICAID PARTNERSHIP POLI- in the future, are located in regions that his- they ever need care. CIES torically have had limited access to physi- Last year, I was joined by several Senate and House colleagues in releas- Sec. 201. Application of Medicaid partner- cian services. The location of current and fu- ship required model provisions ture colleges of osteopathic medicine reflects ing a GAO report on whether adequate to all tax-qualified long-term the osteopathic profession’s commitment to consumer protections are in place for care insurance contracts. rural and underserved communities. We be- those who purchase long-term care in- Sec. 202. Streamlined process for applying lieve that our graduates and their patients surance. The report found that rate in- new or updated model provi- will benefit greatly from the primary care creases are common throughout the in- sions. policies and programs in this legislation. Again, thank you for introducing this im- dustry, and that consumer protections TITLE III—IMPROVED CONSUMER PRO- portant legislation. The AOA and our mem- are uneven. While some states have TECTIONS FOR MEDICAID PARTNER- bers stand ready to assist you in promoting adopted requirements that keep rates SHIP POLICIES primary care and securing enactment of the relatively stable, some have not, leav- Sec. 301. Biennial reports on impact of Med- ‘‘Preserving Patient Access to Primary Care ing consumers unprotected. icaid long-term care insurance Act.’’ The Confidence in Long-Term Care partnerships. Sincerely, Insurance Act takes several important Sec. 302. Additional consumer protections CARLO J. DIMARCO, steps to ensure that premiums in- for Medicaid partnerships. President. Sec. 303. Report to Congress regarding need creases are kept at a minimum, insur- for minimum annual compound By Mr. KOHL (for himself and ance agents receive adequate training, inflation protection. Mr. WYDEN): and that complaints and appeals are TITLE I—NATIONAL MARKET SURVEY; S. 1177. A bill to improve consumer addressed in a timely manner. We MODEL DISCLOSURES AND DEFINI- protections for purchasers of long-term should also make it easier for con- TIONS; LTC INSURANCE COMPARE care insurance, and for other purposes; sumers to accurately compare policies SEC. 101. NAIC NATIONAL MARKET SURVEY. to the Committee on Finance. from different insurance carriers, par- (a) IN GENERAL.—The Secretary shall re- Mr. KOHL. Mr. President, I rise ticularly with regard to what benefits quest the NAIC to conduct biennial reviews today to express my support for the are covered and whether the plan offers of the national and State-specific markets

VerDate Nov 24 2008 03:14 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.071 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6047 for long-term care insurance policies and to (2) NAIC.—The term ‘‘NAIC’’ means the ‘‘(I) Comparison tools to assist consumers submit biennial reports to the Secretary on National Association of Insurance Commis- in evaluating long-term care insurance poli- the results of such reviews. sioners. cies (as defined in subparagraph (D)) with (b) CONTENT.—The Secretary shall request (3) SECRETARY.—The term ‘‘Secretary’’ different benefits and features. that the biennial reviews include, with re- means the Secretary of Health and Human ‘‘(II) State-specific information about the spect to the period occurring since any prior Services. long-term care insurance policies marketed review, analysis of the following: SEC. 102. MODEL DISCLOSURES AND DEFINI- in a State, including the following: (1) Information on key market parameters, TIONS. ‘‘(aa) Whether a State has promulgated including the number of carriers offering (a) IN GENERAL.—The Secretary shall re- rate stability provisions for all issuers of long-term care insurance, and the scope of quest the NAIC, in consultation with State long-term care insurance policies and how coverage offered under those policies (such health agencies as appropriate, to carry out the rate stability standards work. as policies offering nursing-home only bene- the activities described in subsection (b). ‘‘(bb) The rating history for issuers selling fits, policies offering comprehensive cov- (b) ACTIVITIES DESCRIBED.—The activities long-term care insurance policies in the erage, and hybrid products in which long- described in this subsection are the fol- State for at least the most recent preceding term care benefits are present). lowing: 5 years. (2) The number of complaints received and (1) DEVELOP MODEL DISCLOSURES AND DEFI- ‘‘(cc) The policy documents for each such resolved, including benefit denials. NITIONS FOR MARKETING OF POLICIES.—To de- policy marketed in the State. (3) The number of policies that are can- velop model language for marketing of long- ‘‘(III) Links to State information regarding celled (including because of having lapsed or term care insurance policies (including, as long-term care under State Medicaid pro- not being renewed) and reasons for such can- appropriate, language specific to qualified grams (which may be provided, as appro- cellations. long-term care insurance contracts, partner- priate, through Internet linkages to the (4) The number of agents trained and the ship long-term care insurance policies, and websites of State Medicaid programs) that content of that training, including a descrip- such other contracts for coverage of long- includes the following: tion of agent training standards, the extent term care services or benefits as the NAIC ‘‘(aa) The medical assistance provided to which competency tests are included in determines appropriate), that includes the under each State’s Medicaid program for such standards, and the pass and fail rates following: nursing facility services and other long-term associated with such tests. (A) CONSISTENT DEFINITIONS.—Consistent care services (including any functional cri- (5) The number of policyholders exhausting definitions for coverage of the various types teria imposed for receipt of such services, as benefits. of services and benefits provided under such reported in accordance with section (6) Premium rate increases sought by car- policies, including institutional services, res- 1902(a)(28)(D) of the Social Security Act) and riers and the range of the amount of the in- idential services with varying levels of as- any differences from benefits and services of- crease sought. sistance, such as assisted living, home care fered under long-term care insurance policies (7) Premium rate increases that were ap- services, adult day services, and other types in the State and the criteria for triggering proved and the range of the amount of in- of home and community-based care, (as ap- receipt of such benefits and services. crease. propriate to describe the range of services ‘‘(bb) If the State has a qualified State (8) The number of policyholders affected by and benefits offered under such policies in long-term care insurance partnership under any approved premium rate increases. various States). section 1917(b)(1)(C)(iii) of the Social Secu- (9) Requests for exceptions to State reserv- (B) CONSISTENT EXPLANATORY LANGUAGE.— rity Act, information regarding how and ing or capital requirements. Consistent language for use by issuers of when an individual with a partnership long- (c) TIMING FOR BIENNIAL REVIEW AND RE- such policies, and for agents selling such term care insurance policy who is receiving PORT.—The Secretary shall request the NAIC policies, in explaining the services and bene- benefits under the policy should apply for to— fits covered under the policies and restric- medical assistance for nursing facility serv- (1) complete the initial market review tions on the services and benefits. ices or other long-term care services under under this section not later than 2 years (C) INFLATION PROTECTION OPTIONS.—A form the State Medicaid program and information after the date of enactment of this Act; that describes different inflation level op- regarding about how Medicaid asset protec- (2) submit a report to the Secretary on the tions offered for long-term care insurance tion is accumulated over time under such results of the initial review not later than policies, including how policies with various policies.’’; and December 31, 2011; and levels of inflation protection compare in pre- (B) by adding at the end the following: (3) complete each subsequent biennial re- mium costs and benefits within 5-year time ‘‘(C) CURRENT INFORMATION.—The Sec- view and submit each subsequent biennial re- increments from 5 years through 30 years retary of Health and Human Services shall port not later than December 31 of each sec- post-purchase. ensure that, to the greatest extent prac- ond succeeding year. (D) STANDARDIZED METHODOLOGY FOR CAL- ticable, the information maintained in the (d) CONSULTATION REQUIRED.—The Sec- CULATING INFLATION PROTECTION.—Standard- National Clearinghouse for Long-Term Care retary shall request the NAIC to consult ized methodology for use by issuers to use to Information, including the information re- with State insurance commissioners, appro- calculate inflation protection under such quired for LTC Insurance Compare, is the priate Federal agencies, issuers of long-term policies. most recent information available. care insurance, States with experience in (2) ENFORCE.—To develop recommendations ‘‘(D) LONG-TERM CARE INSURANCE POLICY DE- long-term care insurance partnership plans, for enforcement of the model marketing dis- FINED.—In subparagraph (A)(iv), the term other States, representatives of consumer closures and definitions, including standard- ‘long-term care insurance policy’ means a groups, consumers of long-term care insur- ized language for States to adopt to prohibit qualified long-term care insurance contract ance policies, and such other stakeholders as carriers from marketing policies within the (as defined in section 7702B(b) of the Internal the Secretary or the NAIC determine appro- State that do not meet the model marketing Revenue Code of 1986), a qualified long-term priate, to conduct the market reviews re- disclosures and definitions or the rate sta- care insurance contract that covers an in- quested under this section. bility provisions under section 20 of the long- sured who is a resident of a State with a (e) DEFINITIONS.—In this section and sec- term care insurance model Act promulgated qualified State long-term care insurance tion 102: by the National Association of Insurance partnership under clause (iii) of section (1) LONG-TERM CARE INSURANCE POLICY.— Commissioners (as adopted as of October 2000 1917(b)(1)(C) of the Social Security Act (42 The term ‘‘long-term care insurance pol- and as of December 2006) and any provisions U.S.C. 1396p(b)(1)(C)) or a long-term care in- icy’’— of such section adopted after December 2006. surance policy offered in connection with a (A) means— (c) PUBLIC COMMENT.—The Secretary shall State plan amendment described in clause (i) a qualified long-term care insurance request the NAIC to allow for public com- (iv) of such section, and includes any other contract (as defined in section 7702B(b) of the ment on the work of the NAIC in carrying insurance policy or rider described in the Internal Revenue Code of 1986); and out the activities described in subsection (b). definition of ‘long-term care insurance’ in (ii) a qualified long-term care insurance SEC. 103. LTC INSURANCE COMPARE. section 4 of the model Act promulgated by contract that covers an insured who is a resi- (a) IN GENERAL.—Section 6021(d) of the Def- the National Association of Insurance Com- dent of a State with a qualified State long- icit Reduction Act of 2005 (42 U.S.C. 1396p missioners (as adopted December 2006).’’; term care insurance partnership under note) is amended— (2) by redesignating paragraph (3) as para- clause (iii) of section 1917(b)(1)(C) of the So- (1) in paragraph (2)— graph (4) cial Security Act (42 U.S.C. 1396p(b)(1)(C)) or (A) in subparagraph (A)— (3) in paragraph (4), (as so redesignated), by a long-term care insurance policy offered in (i) in clause (ii), by striking ‘‘and’’ at the inserting ‘‘, and $5,000,000 for each of fiscal connection with a State plan amendment de- end; years 2011 through 2013’’ after ‘‘2010’’; and scribed in clause (iv) of such section; and (ii) in clause (iii), by striking the period at (4) by inserting after paragraph (2) the fol- (B) includes any other insurance policy or the end and inserting ‘‘; and’’; and lowing: rider described in the definition of ‘‘long- (iii) by adding at the end the following: ‘‘(3) CONSULTATION ON LTC INSURANCE COM- term care insurance’’ in section 4 of the ‘‘(iv) establish an Internet directory of in- PARE.—The Secretary of Health and Human model Act promulgated by the National As- formation regarding long-term care insur- Services shall consult with the National As- sociation of Insurance Commissioners (as ance, to be known as ‘LTC Insurance Com- sociation of Insurance Commissioners and adopted December 2006). pare’, that shall include the following: the entities and stakeholders specified in

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.032 S03JNPT1 jbell on PROD1PC69 with SENATE S6048 CONGRESSIONAL RECORD — SENATE June 3, 2009 section 101(d) of the Confidence in Long- updating any such provisions for a provision shall consult with the National Association Term Care Insurance Act of 2009 in designing specified in section 7702B(g)(2) of the Inter- of Insurance Commissioners and the entities and implementing the LTC Insurance Com- nal Revenue Code of 1986, or the inclusion of and stakeholders specified in section 101(d) pare required under paragraph (2)(A)(iv).’’. any such provisions in such section, for pur- regarding the extent to which it is appro- (b) MEDICAID STATE PLAN REQUIREMENT TO poses of an insurance contract qualifying for priate to apply the model provisions de- SUBMIT NURSING FACILITY SERVICES FUNC- treatment as a qualified long-term care in- scribed in paragraph (1) or (2) (as applicable) TIONAL CRITERIA DATA.—Section 1902(a)(28) of surance contract under such Code, would im- to insurance contracts described in such the Social Security Act (42 U.S.C. prove consumer protections for insured indi- paragraphs through promulgation of an in- 1396a(a)(28)) is amended— viduals under such contracts. terim final rule. If, after such consultation— (1) in subparagraph (C), by striking ‘‘and’’ (B) SUBSEQUENT MODEL PROVISIONS.—Not (A) the Secretary of the Treasury deter- after the semicolon; later than 3 months after model provisions mines it would be appropriate to promulgate (2) in subparagraph (D)(iii), by adding described in paragraph (2) or (3) of subsection an interim final rule, the Secretary of the ‘‘and’’ after the semicolon; and (c) are adopted by the National Association Treasury shall use notice and comment rule- (3) by inserting after subparagraph (D)(iii), of Insurance Commissioners, the Secretary making to promulgate a rule applying such the following new subparagraph: of the Treasury, in consultation with the provisions to insurance contracts described ‘‘(E) for the annual submission of data re- Secretary of Health and Human Services, in paragraph (1); and lating to functional criteria for the receipt shall review the model provisions to deter- (B) the Secretary of Health and Human of nursing facility services under the plan (in mine whether the application of such provi- Services determines it would be appropriate such form and manner as the Secretary shall sions to an insurance contract for purposes to promulgate an interim final rule, the Sec- specify);’’. of qualifying for treatment as a qualified retary of Health and Human Services shall (c) EFFECTIVE DATE.— long-term care insurance contract under sec- use notice and comment rulemaking to pro- (1) IN GENERAL.—Except as provided in tion 7702B(g)(2) of the Internal Revenue Code mulgate a rule applying such provisions to paragraph (2), the amendments made by this of 1986, would improve consumer protections insurance contracts described in paragraph section take effect on the date of enactment for insured individuals under such contracts. (2). of this Act. (2) MEDICAID PARTNERSHIP POLICIES.— (4) RULE OF CONSTRUCTION RELATING TO AP- (2) EXTENSION OF EFFECTIVE DATE FOR (A) SUBSEQUENT MODEL PROVISIONS.—Not PLICATION OF CONGRESSIONAL REVIEW ACT.— STATE LAW AMENDMENT.—In the case of a later than 3 months after model provisions Nothing in paragraphs (1), (2), or (3) shall be State plan under title XIX of the Social Se- described in paragraph (2) or (3) of subsection construed as affecting the application of the curity Act (42 U.S.C. 1396 et seq.) which the (c) are adopted by the National Association sections 801 through 808 of title 5, United Secretary of Health and Human Services de- of Insurance Commissioners, the Secretary States Code (commonly known as the ‘‘Con- termines requires State legislation or State of Health and Human Services, in consulta- gressional Review Act’’) to any interim final regulation in order for the plan to meet the tion with the Secretary of the Treasury, rule issued in accordance with such para- additional requirements imposed by the shall review the model provisions to deter- graphs. amendments made by subsection (b), the mine whether the application of such provi- (5) TECHNICAL AMENDMENT ELIMINATING State plan shall not be regarded as failing to sions to an insurance contract for purposes PRIOR REVIEW STANDARD MADE OBSOLETE.— of satisfying the requirements for participa- Section 1917(b)(5) of the Social Security Act comply with the requirements of such title tion in a qualified State long-term care in- (42 U.S.C. 1396p(b)(5)) is amended by striking solely on the basis of its failure to meet surance partnership under section subparagraph (C). these additional requirements before the 1917(b)(1)(C)(iii) of such Act (42 U.S.C. (c) MODEL PROVISIONS.—In this section, the first day of the first calendar quarter begin- 1396p(b)(1)(C)(iii)) would improve consumer term ‘‘model provisions’’ means— ning after the close of the first regular ses- protections for insured individuals under (1) each provision of the long-term care in- sion of the State legislature that begins such contracts. surance model regulation, and the long-term after the date of enactment of this Act. For (B) REVIEW OF OTHER PARTNERSHIP REQUIRE- care insurance model Act, respectively, pro- purposes of the previous sentence, in the MENTS.—The Secretary of Health and Human mulgated by the National Association of In- case of a State that has a 2-year legislative Services, in consultation with the Secretary surance Commissioners (as adopted as of Oc- session, each year of the session is consid- of the Treasury, shall review clauses (iii) and tober 2000 and as of December 2006); ered to be a separate regular session of the (iv) of section 1917(b)(1)(C) for purposes of de- (2) each provision of the model language State legislature. termining whether the requirements speci- relating to marketing disclosures and defini- TITLE II—IMPROVED STATE CONSUMER fied in such clauses should be modified to tions developed under section 102(b)(1); and PROTECTIONS FOR QUALIFIED LONG- provide improved consumer protections or, (3) each provision of any long-term care in- TERM CARE INSURANCE CONTRACTS as appropriate, to resolve any conflicts with surance model regulation, or the long-term AND MEDICAID PARTNERSHIP POLICIES the application of the 2006 model provisions care insurance model Act, respectively, pro- SEC. 201. APPLICATION OF MEDICAID PARTNER- under paragraph (5) of section 1917(b) (as mulgated by the National Association of In- SHIP REQUIRED MODEL PROVISIONS amended by section 302(a)) or with the appli- surance Commissioners and adopted after TO ALL TAX-QUALIFIED LONG-TERM cation of any model provisions that the Sec- December 2006. CARE INSURANCE CONTRACTS. retary determines should apply to an insur- TITLE III—IMPROVED CONSUMER PRO- (a) IN GENERAL.—Section 7702B(g)(1) of the ance contract as a result of a review required TECTIONS FOR MEDICAID PARTNER- Internal Revenue Code of 1986 (relating to under subparagraph (A). SHIP POLICIES consumer protection provisions) is amend- (b) EXPEDITED RULEMAKING.— SEC. 301. BIENNIAL REPORTS ON IMPACT OF ed— (1) TAX-QUALIFIED POLICIES.—Subject to MEDICAID LONG-TERM CARE INSUR- (1) in subparagraph (A), by inserting ‘‘(but paragraph (3), if the Secretary of the Treas- ANCE PARTNERSHIPS. only to the extent such requirements do not ury determines that any model provisions re- Section 6021(c) of the Deficit Reduction conflict with requirements applicable under viewed under subsection (a)(1) should apply Act of 2005 (42 U.S.C. 1396p note) is amended subparagraph (B)),’’ after ‘‘paragraph (2)’’, for purposes of an insurance contract quali- to read as follows: (2) by redesignating subparagraphs (B) and fying for treatment as a qualified long-term ‘‘(c) BIENNIAL REPORTS.— (C) as subparagraphs (C) and (D), respec- care insurance contract under the Internal ‘‘(1) IN GENERAL.—Not later than January tively, and Revenue Code of 1986, the Secretary, shall 1, 2010, and biennially thereafter, the Sec- (3) by inserting after subparagraph (A), the promulgate an interim final rule applying retary of Health and Human Services (in this following new subparagraph: such provisions for such purposes not later subsection referred to as the ‘Secretary’) ‘‘(B) the requirements of the model regula- than 3 months after making such determina- shall issue a report to States and Congress tion and model Act described in section tion. on the long-term care insurance partnerships 1917(b)(5) of the Social Security Act,’’. (2) MEDICAID PARTNERSHIP POLICIES.—Sub- established in accordance with section (b) EFFECTIVE DATE.—The amendments ject to paragraph (3), if the Secretary of 1917(b)(1)(C)(ii) of the Social Security Act (42 made by subsection (a) shall apply to con- Health and Human Services determines that U.S.C. 1396p(b)(1)(C)(ii)). Each report shall tracts issued after the date of enactment of any model provisions or requirements re- include (with respect to the period the report this Act. viewed under subsection (a)(2) should apply addresses) the following information, nation- SEC. 202. STREAMLINED PROCESS FOR APPLYING for purposes of an insurance contract satis- ally and on a State-specific basis: NEW OR UPDATED MODEL PROVI- fying the requirements for participation in a ‘‘(A) Analyses of the extent to which such SIONS. qualified State long-term care insurance partnerships improve access of individuals to (a) SECRETARIAL REVIEW.— partnership under section 1917(b)(1)(C)(iii) of affordable long-term care services and bene- (1) TAX-QUALIFIED POLICIES.— such Act (42 U.S.C. 1396p(b)(1)(C)(iii)), the fits and the impact of such partnerships on (A) 2000 AND 2006 MODEL PROVISIONS.—Not Secretary, shall promulgate an interim final Federal and State expenditures on long-term later than 3 months after the date of enact- rule applying such provisions for such pur- care under the Medicare and Medicaid pro- ment of this Act, the Secretary of the Treas- poses not later than 3 months after making grams. ury, in consultation with the Secretary of such determination. ‘‘(B) Analyses of the impact of such part- Health and Human Services, shall review the (3) CONSULTATION REQUIRED.—The Sec- nerships on consumer decisionmaking with model provisions specified in subsection retary of the Treasury and the Secretary of respect to purchasing, accessing, and retain- (c)(1) for purposes of determining whether Health and Human Services, respectively, ing coverage under long-term care insurance

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.032 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6049 policies (as defined in subsection (d)(2)(D)), (2) by adding at the end the following new any changes in estate recovery rules under including a description of the benefits and paragraph: the State plan as soon as practicable after services offered under such policies, the av- ‘‘(6) For purposes of clauses (iii)(VIII) and such changes are made; and erage premiums for coverage under such (iv) of paragraph (1)(C), the requirements of ‘‘(iv) agrees to honor the asset protections policies, the number of policies sold and at this paragraph are the following: of any such policy that were provided under what ages, the number of policies retained ‘‘(A) The State requires issuers of long- the policy when purchased, regardless of and for how long, the number of policies for term care insurance policies to— whether the State subsequently terminates a which coverage was exhausted, and the num- ‘‘(i) use marketing materials approved by partnership program under the State plan. ber of insured individuals who were deter- the State for purposes of the partnership ver- ‘‘(G) The State Medicaid agency under sec- mined eligible for medical assistance under batim in all sales and marketing activities tion 1902(a)(5) and the State insurance de- the State Medicaid program. conducted or supported by the issuers in the partment enter into a memorandum of un- ‘‘(2) DATA.—The reports by issuers of part- State with respect to any long-term care in- derstanding to— nership long-term care insurance policies re- surance policies marketed by the issuer in ‘‘(i) inform consumers about changes in quired under section 1917(b)(1)(C)(iii)(VI) of the State; long-term care policies offered by issuers the Social Security Act shall include such ‘‘(ii) provide such materials to all agents participating in the partnership, changes in data as the Secretary shall specify in order selling long-term care insurance policies in the amount, duration, or scope of medical as- to conduct the analyses required under para- the State; sistance for nursing facility services or other graph (1). ‘‘(iii) ensure that agent training and edu- long-term care services offered under the ‘‘(3) PUBLIC AVAILABILITY.—The Secretary cation courses conducted or supported by the State plan, changes in consumer protections, shall make each report issued under this sub- issuers incorporate such materials; and any other issues such agency and depart- section publicly available through the LTC ‘‘(iv) make such materials available to any ment determine appropriate; and Insurance Compare website required under consumer upon request, and to make such ‘‘(ii) jointly maintain a nonpublic database subsection (d). materials available to all prospective pur- of partnership policyholders for purposes of chasers of a policy offered under a qualified ‘‘(4) RULE OF CONSTRUCTION.—Nothing in facilitating coordination in eligibility deter- this section shall be construed as requiring State long-term care insurance partnership minations for medical assistance under the the Secretary to conduct an independent re- before submission of an application for cov- State plan and the provision of benefits or view of each long-term care insurance policy erage under that policy. other services under such policies and med- ‘‘(B) The State requires issuers of long- offered under or in connection with such a ical assistance provided under the State plan term care insurance policies to require partnership. that includes— agents to use the inflation protection com- ‘‘(5) APPROPRIATION.—Out of any funds in ‘‘(I) the number of policyholders applying parison form developed by the National As- the Treasury not otherwise appropriated, for medical assistance under the State plan; sociation of Insurance Commissioners in ac- there is appropriated to the Secretary to and cordance with section 102(b)(1)(C) of the Con- carry out this subsection, $1,000,000 for the ‘‘(II) the number of policyholders deemed fidence in Long-Term Care Insurance Act of period of fiscal years 2010 through 2012.’’. eligible (and, if applicable, ineligible) for 2009 when selling the policies in the State. such assistance. SEC. 302. ADDITIONAL CONSUMER PROTECTIONS ‘‘(C) The State requires issuers of long- ‘‘(H) The State does not apply any limit to FOR MEDICAID PARTNERSHIPS. term care insurance policies sold in the the disregard, for purposes of determining (a) APPLICATION OF 2006 MODEL PROVI- State to comply with the provisions of sec- the eligibility of a partnership policyholder SIONS.— tion 8 of the model Act specified in para- for medical assistance under the State plan (1) UPDATING OF 2000 REQUIREMENTS.— graph (5) relating to contingent nonfor- and for purposes of exemption from the es- (A) IN GENERAL.—Section 1917(b)(5)(B)(i) of feiture benefits. tate recovery requirements under the plan, the Social Security Act (42 U.S.C. ‘‘(D) The State enacts legislation, not later of benefits provided under a partnership pol- 1396p(b)(5)(B)(i)) is amended by striking ‘‘Oc- than January 1, 2012, that establishes rate icy, including cash benefits provided for tober 2000’’ and inserting ‘‘December 2006’’. stability standards for all issuers of long- long-term care services, and benefits pro- (B) CONFORMING AMENDMENTS.— term care insurance policies sold in the vided under the policy after the effective (i) Subclause (XVII) of such section is State that are no less stringent than the pre- date of the policyholder’s enrollment in the amended by striking ‘‘section 26’’ and insert- mium rate schedule increase standards speci- State plan. ing ‘‘section 28’’. fied in section 20 of the model regulation ‘‘(I) The State enters into agreements with (ii) Subclause (XVIII) of such section is specified in paragraph (5). other States that have established qualified amended by striking ‘‘section 29’’ and insert- ‘‘(E) The State develops, updates whenever State long-term care insurance partnerships ing ‘‘section 31’’. changes are made under the State plan that under which such States agree to provide (iii) Subclause (XIX) of such section is relate to eligibility for medical assistance reciprocity for policyholders under such amended by striking ‘‘section 30’’ and insert- for nursing facility services or other long- partnerships. ing ‘‘section 32’’. term care services or the amount, duration, ‘‘(J) The State provides guaranteed asset (2) APPLICATION TO GRANDFATHERED PART- or scope of such assistance, and provides protection to all individuals covered under a NERSHIPS.—Section 1917(b)(1)(C)(iv) of such public, readily accessible materials that de- policy offered under a qualified State long- Act (42 U.S.C. 1396p(b)(1)(C)(iv)) is amended scribe in clear, simple language the terms of term care insurance partnership who bought by inserting ‘‘, and the State satisfies the re- such eligibility, the benefits and services such a policy in the State or in another quirements of paragraph (5)’’ after ‘‘2005’’. provided as such assistance, and rules relat- State with such a partnership and with (b) APPLICATION OF PRODUCER TRAINING ing to adjustment or recovery from the es- which the State has a reciprocity agreement MODEL ACT REQUIREMENTS.—Section tate of an individual who receives such as- at the time of purchase. 1917(b)(1)(C) of such Act (42 U.S.C. sistance under the State plan. Such mate- ‘‘(K) At the option of the State, notwith- 1396p(b)(1)(C)) is amended— rials shall include a clear disclosure that standing any limitation that would other- (1) in clause (iii)(V), by inserting ‘‘and sat- medical assistance is not guaranteed to part- wise be imposed under subsection (f), the isfies the producer training requirements nership policyholders who exhaust benefits State disregards any amount of the equity specified in section 9 of the model Act speci- under a partnership policy, and that Federal interest in the home of an individual covered fied in paragraph (5)’’ after ‘‘coverage of changes to the program under this title or of policy offered under a qualified State long-term care’’; and State changes to the State plan may affect long-term care insurance partnership for (2) in clause (iv), as amended by subsection an individual’s eligibility for, or receipt of, purposes of determining the individual’s eli- (a)(2), by inserting ‘‘clause (iii)(V) and’’ be- such assistance. gibility for medical assistance with respect fore ‘‘paragraph (5)’’. ‘‘(F) The State— to nursing facility services or other long- (c) APPLICATION OF ADDITIONAL REQUIRE- ‘‘(i) through the State Medicaid agency term care services.’’. MENTS FOR ALL PARTNERSHIPS.—Section under section 1902(a)(5) and in consultation (d) EFFECTIVE DATE.— 1917(b) of the Social Security Act (42 U.S.C. with the State insurance department, devel- (1) IN GENERAL.—Except as provided in 1396p(b)) is amended— ops written materials explaining how the paragraph (2), the amendments made by this (1) in paragraph (1)(C)— benefits and rules of long-term care policies section take effect on the date that is 1 year (A) in clause (iii)— offered by issuers participating in the part- after the date of enactment of this Act. (i) by inserting after subclause (VII) the nership interact with the benefits and rules (2) EXTENSION OF EFFECTIVE DATE FOR following new subclause: under the State plan under this title; STATE LAW AMENDMENT.—In the case of a ‘‘(VIII) The State satisfies the require- ‘‘(ii) requires agents to use such materials State plan under title XIX of the Social Se- ments of paragraph (6).’’; and when selling or otherwise discussing how curity Act (42 U.S.C. 1396 et seq.) which the (ii) in the flush sentence at the end, by long-term care policies offered by issuers Secretary of Health and Human Services de- striking ‘‘paragraph (5)’’ and inserting participating in the partnership work with termines requires State legislation in order ‘‘paragraphs (5) and (6)’’; and potential purchasers and to provide the ma- for the plan to meet the additional require- (B) in clause (iv), as amended by sub- terials to any such purchasers upon request; ments imposed by the amendments made by sections (a)(2) and (b)(2), by striking ‘‘para- ‘‘(iii) informs holders of such policies of this section, the State plan shall not be re- graph (5)’’ and inserting ‘‘paragraphs (5) and any changes in eligibility requirements garded as failing to comply with the require- (6)’’; and under the State plan under this title and of ments of such title solely on the basis of its

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.032 S03JNPT1 jbell on PROD1PC69 with SENATE S6050 CONGRESSIONAL RECORD — SENATE June 3, 2009 failure to meet these additional require- from all walks of life, into central Beijing to (i) still in captivity as a result of their in- ments before the first day of the first cal- demand better democracy, basic freedoms of volvement in the events from June 3 through endar quarter beginning after the close of speech and assembly, and an end to corrup- 4, 1989, at Tiananmen Square; and the first regular session of the State legisla- tion; (ii) imprisoned without cause; ture that begins after the date of enactment Whereas, from June 3 through 4, 1989, the (B) allow freedom of speech and access to of this Act. For purposes of the previous sen- Government of China ordered an estimated information, especially information regard- tence, in the case of a State that has a 2-year 300,000 members of the People’s Liberation ing the events at Tiananmen Square in 1989; legislative session, each year of the session Army to enter Beijing and clear Tiananmen and is considered to be a separate regular session Square (located in central Beijing) by lethal (C) cease all harassment, intimidation, and of the State legislature. force; imprisonment of— SEC. 303. REPORT TO CONGRESS REGARDING Whereas, by June 7, 1989, the Red Cross of (i) members of religious and minority NEED FOR MINIMUM ANNUAL COM- China reported that the People’s Liberation groups; and POUND INFLATION PROTECTION. Army had killed more than 300 people in Bei- (ii) people who disagree with policies of the Not later than 18 months after the date of jing, although foreign journalists who wit- Government of China; enactment of this Act, the Secretary of nessed the events estimate that thousands of (5) supports efforts by free speech activists Health and Human Services (in this section people were killed and thousands more in China and elsewhere who are working to referred to as the ‘‘Secretary’’) shall submit wounded; overcome censorship (including censorship of a report to Congress that includes the Sec- Whereas more than 20,000 people in China the Internet) and the chilling effect of cen- retary’s recommendation regarding whether were arrested and detained without trial, due sorship; and legislative or other administrative action to their suspected involvement in the pro- (6) urges the President to support peaceful should be taken to require all long-term care tests at Tiananmen Square; advocates of free speech around the world. insurance policies sold after a date deter- Whereas, according to the Department of Mr. INHOFE. Mr. President, I rise mined by the Secretary in connection with a State, the Government of China has worked today to pay tribute to a true Amer- qualified State long-term care insurance to censor information about the massacre at partnership under clause (iii) of section Tiananmen Square by blocking Internet ican hero, Army Sergeant Schuyler 1917(b)(1)(C) of the Social Security Act (42 sites and other media outlets, along with Patch of Owasso, OK, who died on Feb- U.S.C. 1396p(b)(1)(C)) or a long-term care in- other sensitive information that would be ruary 24, 2009 serving our Nation in surance policy offered in connection with a damaging to the Government of China; Kandahar, Afghanistan. Schuyler was State plan amendment described in clause Whereas the Government of China has con- assigned to the 2nd Squadron, 106th (iv) of such section, provide, at a minimum, tinued to oppress the people of China by de- Cavalry Regiment, 33rd Infantry Bri- 5 percent annual compound inflation protec- nying basic human rights, such as freedom of gade Combat Team, in the Illinois Na- tion, and if so, whether such requirements speech and religion, and suppressing minor- tional Guard, based out of Kewanee, IL. should be imposed on a basis related to the ity groups; Schuyler enlisted in the Oklahoma age of the policyholder at the time of pur- Whereas, during the 2008 Olympic Games, chase. The Secretary shall include in the re- the Government of China promised to pro- National Guard in March 2005, and vol- port information on the various levels of in- vide the international media covering the unteered to deploy in 2006 to Afghani- flation protection available under such long- Olympic Games with the same access given stan. In November 2007, he transferred term care insurance partnerships and the the media at all the other Olympic Games, to the Illinois Army National Guard methodologies used by issuers of such poli- but denied access to certain internet sites and volunteered a second time to de- cies to calculate and present various infla- and media outlets in attempts to censor free ploy to Afghanistan in support of Oper- tion protection options under such policies, speech; ation Enduring Freedom. He was killed including policies with a future purchase op- Whereas the Department of State Human alongside four of his fellow Soldiers, tion feature. Rights Report for 2008 found that the Gov- when their vehicle was hit by an IED f ernment of China had increased already se- vere cultural and religious suppression of while on a joint patrol with the Afghan SUBMITTED RESOLUTIONS ethnic minorities in Tibetan areas and the National Security Forces. Schuyler Xinjiang Uighur Autonomous Region, in- leaves behind his father John Patch of creased the persecution of members of Falun Illinois and mother Colleen Stevens of SENATE RESOLUTION 167—A BILL Gong, Christians from China, and other reli- Owasso, Oklahoma. He also leaves be- COMMENDING THE PEOPLE WHO gious minorities, increased the detention and hind a sister, Amber Patch and two HAVE SACRIFICED THEIR PER- harassment of dissidents and journalists, and brothers, Garrett and Seth Patch. SONAL FREEDOMS TO BRING maintained tight controls on freedom of speech and the Internet; Schuyler was a selfless and coura- ABOUT DEMOCRATIC CHANGE IN geous Soldier committed to this coun- THE PEOPLE’S REPUBLIC OF Whereas the United States Commission on International Religious Freedom in 2009 stat- try and its freedom. His mother, Col- CHINA AND EXPRESSING SYM- ed, ‘‘The Chinese government continues to leen, said that he died doing what he PATHY FOR THE FAMILIES OF engage in systematic and egregious viola- loved to do; making a difference in the THE PEOPLE WHO WERE KILLED, tions of the freedom of religion or belief, world. She also expressed his love and WOUNDED, OR IMPRISONED, ON with religious activities tightly controlled care for the Afghan children while he THE OCCASION OF THE 20TH AN- and some religious adherents detained, im- was in Afghanistan. Schuyler’s sister, NIVERSARY OF THE TIANANMEN prisoned, fined, beaten, and harassed.’’; and Whereas the China Aid Association re- Amber said, ‘‘He loved everything SQUARE MASSACRE IN BEIJING, about the Army and he believed in ev- CHINA FROM JUNE 3 THROUGH 4, ported that in 2007, there were 693 cases in which Christians from China were detained erything he was doing over there.’’ His 1989 or arrested and 788 cases in which Christian aunt, Julie Morland said, ‘‘We are all Mr. INHOFE (for himself, Mr. BROWN, house church groups were persecuted by the very proud of him for even going over Mr. GRAHAM, Mr. KYL, Mr. MENENDEZ, Government of China: Now, therefore, be it the first time and then volunteering to Mr. VITTER, Mr. LIEBERMAN, Mr. Resolved, That the Senate— go over. It takes a special person to COBURN, and Mr. WEBB) submitted the (1) commends the people who have sac- even join the Guard in the first place. following resolution; which was re- rificed their personal freedoms and, in the To go there and fight as a volunteer, it ferred to the Committee on Foreign case of the people who demonstrated at takes a special person.’’ Relations: Tiananmen Square in 1989, sacrificed their On Schuyler’s online Guest Book, I lives and freedom to— S. RES. 167 (A) bring about democratic change in the read through some of the things said Whereas freedom of expression, assembly, People’s Republic of China; and about his life and character. association, and religion are fundamental (B) gain freedom of expression, assembly, Schuyler’s cousin wrote, ‘‘Schuyler rights that all people should be able to pos- association, and religion for the people of was not only brave, he was caring and sess and enjoy; China; never afraid to show his love for family Whereas, in April 1989, in a demonstration (2) expresses its sympathy for the families and friends. A hello was never complete of democratic progress, thousands of stu- of the people who were killed, wounded, or until he gave those he loved a hug . . . dents took part in peaceful protests against imprisoned due to their involvement in the the world will be a sadder place with- the communist government of the People’s peaceful protests in Tiananmen Square in Republic of China in the capital city of Bei- Beijing, China from June 3 through 4, 1989; out this fun loving, vibrant, kind, gen- jing; (3) condemns the ongoing human rights erous young man who always made me Whereas, throughout the month of May abuses by the Government of China; smile.’’ 1989, the students, in peaceful demonstra- (4) calls on the Government of China to— Another friend wrote, ‘‘He was a tions, drew more people, young and old and (A) release all prisoners that are— great guy and no one that ever knew

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.032 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6051 him will ever forget him. He is sadly SA 1237. Mr. BUNNING submitted an SA 1256. Mr. SCHUMER (for Mr. missed and that smile of his will never amendment intended to be proposed by him LIEBERMAN (for himself, Ms. COLLINS, Mr. be forgotten.’’ Schuyler’s mom Colleen to the bill H.R. 1256, supra; which was or- AKAKA, and Mr. VOINOVICH)) proposed an also talked about his incredibly warm dered to lie on the table. amendment to amendment SA 1247 proposed SA 1238. Mr. BUNNING submitted an by Mr. DODD to the bill H.R. 1256, supra. smile that will be forever in her mind. amendment intended to be proposed by him f A fellow soldier wrote, ‘‘I was proud to the bill H.R. 1256, supra; which was or- to have served with [Patch] in Afghani- dered to lie on the table. TEXT OF AMENDMENTS stan in 2006–2007. He was a good guy SA 1239. Mr. BUNNING submitted an and liked to make the best of the situa- amendment intended to be proposed by him SA 1230. Mr. JOHANNS (for himself, tion.’’ to the bill H.R. 1256, supra; which was or- Mr. INHOFE, Mr. CHAMBLISS, Mr. A friend wrote, ‘‘We will all miss him dered to lie on the table. ISAKSON, Mr. RISCH, Mr. VITTER Mr. SA 1240. Mr. ENZI submitted an amend- and we all love him very much. He was BARRASSO, Mr. MCCAIN, Mr. COBURN, ment intended to be proposed by him to the Mr. MCCONNELL, Mr. BOND, Mr. ROB- the kind of guy who could cheer you up bill H.R. 1256, supra; which was ordered to lie ERTS, Mr. HATCH, Mr. MARTINEZ, Mrs. on your worst day and the most out- on the table. going person I’ll ever know. Thank you SA 1241. Mr. BROWNBACK (for himself, HUTCHISON, Mr. WICKER, Mr. BUNNING, Schuyler for all the great memories we Mr. KYL, and Mr. BOND) submitted an amend- Mr. KYL, Mr. SESSIONS, Mr. DEMINT, had and thank you so much for serving ment intended to be proposed by him to the Mr. CORNYN, Mr. THUNE, and Mr. to protect all of us. I love you.’’ bill H.R. 1256, supra; which was ordered to lie VOINOVICH) submitted an amendment on the table. Captain Jon Prain, a National Guard intended to be proposed by him to the SA 1242. Mr. BAYH (for himself, Ms. MUR- bill H.R. 1256, to protect the public chaplain who spoke at his funeral, KOWSKI, Mr. BURRIS, Mr. LIEBERMAN, Mr. summed up Schuyler’s life well when health by providing the Food and Drug WARNER, Mr. WEBB, and Mr. NELSON of Ne- Administration with certain authority he said, ‘‘He heard freedom’s call. He braska) submitted an amendment intended paid freedom’s price, so that we all to be proposed by him to the bill H.R. 1256, to regulate tobacco products, to amend might enjoy the benefits of freedom supra; which was ordered to lie on the table. title 5, United States Code, to make . . . He was, and always shall be, an SA 1243. Mr. DEMINT (for himself, Mr. certain modifications in the Thrift KYL, Mr. BUNNING, Mr. MARTINEZ, Mr. American soldier.’’ Savings Plan, the Civil Service Retire- JOHANNS, Mr. RISCH, Mr. CRAPO, Mr. MCCON- ment System, and the Federal Employ- Schuyler lived a life of love for his NELL, Mr. BOND, Mr. CORNYN, Mr. CHAMBLISS, family, friends, and country. He will be ees’ Retirement System, and for other Mr. COBURN, Mr. ROBERTS, Mr. INHOFE, Mr. purposes; which was ordered to lie on remembered by many for his con- BENNETT, Mr. BURR, and Mr. BROWNBACK) the table; as follows: tagious smile and warm, affectionate submitted an amendment intended to be pro- personality. I am honored to pay trib- posed by him to the bill H.R. 1256, supra; At the appropriate place, insert the fol- ute to this true American hero who which was ordered to lie on the table. lowing: volunteered to go into the fight and SA 1244. Mr. BURR (for himself and Mrs. SEC. ll. CONGRESSIONAL APPROVAL OF CER- HAGAN) submitted an amendment intended TAIN TARP EXPENDITURES. gave the ultimate sacrifice by giving to be proposed by him to the bill H.R. 1256, Notwithstanding any other provision of up his life for our freedom. supra; which was ordered to lie on the table. law, including any provision of the Emer- f SA 1245. Ms. STABENOW (for herself and gency Economic Stabilization Act of 2008, on Ms. MURKOWSKI) submitted an amendment and after May 29, 2009, no funds may be dis- AMENDMENTS SUBMITTED AND intended to be proposed by her to the bill bursed or otherwise obligated under that Act PROPOSED H.R. 1256, supra; which was ordered to lie on to any entity, if such disbursement would re- the table. sult in the Federal Government acquiring SA 1230. Mr. JOHANNS (for himself, Mr. SA 1246. Mr. BURR (for himself and Mrs. any ownership of the common or preferred INHOFE, Mr. CHAMBLISS, Mr. ISAKSON, Mr. HAGAN) submitted an amendment intended stock of the entity receiving such funds, un- RISCH, Mr. VITTER, Mr. BARRASSO, Mr. to be proposed to amendment SA 1247 pro- less the Congress first approves of such dis- MCCAIN, Mr. COBURN , Mr. MCCONNELL, Mr. posed by Mr. DODD to the bill H.R. 1256, bursement or obligation. BOND, Mr. ROBERTS, Mr. HATCH, Mr. MAR- supra. TINEZ, Mrs. HUTCHISON, Mr. WICKER, Mr. SA 1247. Mr. DODD proposed an amend- SA 1231. Mr. ENZI submitted an BUNNING, Mr. KYL, Mr. SESSIONS, Mr. ment to the bill H.R. 1256, supra. amendment intended to be proposed by DEMINT, Mr. CORNYN, Mr. THUNE, and Mr. SA 1248. Mrs. FEINSTEIN (for herself, Mr. him to the bill H.R. 1256, to protect the VOINOVICH) submitted an amendment in- BROWNBACK, and Ms. STABENOW) submitted tended to be proposed by him to the bill H.R. an amendment intended to be proposed by public health by providing the Food 1256, to protect the public health by pro- her to the bill H.R. 1256, supra; which was or- and Drug Administration with certain viding the Food and Drug Administration dered to lie on the table . authority to regulate tobacco products, with certain authority to regulate tobacco SA 1249. Mrs. HAGAN submitted an amend- to amend title 5, United States Code, products, to amend title 5, United States ment intended to be proposed by her to the to make certain modifications in the Code, to make certain modifications in the bill H.R. 1256, supra; which was ordered to lie Thrift Savings Plan, the Civil Service Thrift Savings Plan, the Civil Service Re- on the table. tirement System, and the Federal Employ- Retirement System, and the Federal SA 1250. Mrs. HAGAN submitted an amend- Employees’ Retirement System, and ees’ Retirement System, and for other pur- ment intended to be proposed by her to the poses; which was ordered to lie on the table. bill H.R. 1256, supra; which was ordered to lie for other purposes; which was ordered SA 1231. Mr. ENZI submitted an amend- on the table. to lie on the table; as follows: ment intended to be proposed by him to the SA 1251. Mrs. HAGAN submitted an amend- Strike section 2. bill H.R. 1256, supra; which was ordered to lie ment intended to be proposed by her to the on the table. bill H.R. 1256, supra; which was ordered to lie SA 1232. Mr. ENZI submitted an SA 1232. Mr. ENZI submitted an amend- on the table. amendment intended to be proposed by ment intended to be proposed by him to the SA 1252. Mrs. HAGAN submitted an amend- him to the bill H.R. 1256, to protect the bill H.R. 1256, supra; which was ordered to lie ment intended to be proposed by her to the public health by providing the Food on the table. bill H.R. 1256, supra; which was ordered to lie SA 1233. Mr. MCCAIN submitted an amend- on the table. and Drug Administration with certain ment intended to be proposed by him to the SA 1253. Mrs. HAGAN submitted an amend- authority to regulate tobacco products, bill H.R. 1256, supra; which was ordered to lie ment intended to be proposed by her to the to amend title 5, United States Code, on the table. bill H.R. 1256, supra; which was ordered to lie to make certain modifications in the SA 1234. Mr. DEMINT submitted an amend- on the table. Thrift Savings Plan, the Civil Service ment intended to be proposed by him to the SA 1254. Mrs. HAGAN submitted an amend- Retirement System, and the Federal bill H.R. 1256, supra; which was ordered to lie ment intended to be proposed by her to the Employees’ Retirement System, and on the table. bill H.R. 1256, supra; which was ordered to lie SA 1235. Mr. LAUTENBERG submitted an on the table. for other purposes; which was ordered amendment intended to be proposed by him SA 1255. Ms. STABENOW (for herself, Mr. to lie on the table; as follows: to the bill H.R. 1256, supra; which was or- BROWNBACK, Ms. MIKULSKI, Mr. VOINOVICH, In section 919 of the Federal Food Drug, dered to lie on the table. Mrs. SHAHEEN, Mr. BOND, Mr. BURRIS, Mr. and Cosmetic Act (as added by section 101), SA 1236. Mr. BUNNING submitted an DURBIN, Mr. LEVIN, and Mr. BROWN) sub- add at the end the following: amendment intended to be proposed by him mitted an amendment intended to be pro- ‘‘(d) ADJUSTMENTS.— to the bill H.R. 1256, supra; which was or- posed by her to the bill H.R. 1256, supra; ‘‘(1) INFLATION ADJUSTMENT.—With respect dered to lie on the table. which was ordered to lie on the table. to fiscal years beginning with fiscal year

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.041 S03JNPT1 jbell on PROD1PC69 with SENATE S6052 CONGRESSIONAL RECORD — SENATE June 3, 2009 2020, the amount provided for in subsection Retirement System, and the Federal shall not be construed to affect any author- (b)(1)(K) for a fiscal year shall be adjusted by Employees’ Retirement System, and ity of the Secretary of Agriculture regarding the Secretary by notice, published in the for other purposes; which was ordered the growing, cultivation, curing or proc- Federal Register, by the greater of— to lie on the table; as follows: essing of raw tobacco. Nothing in this Act ‘‘(A) the total percentage change that oc- (or amendments) shall be construed to pro- curred in the Consumer Price Index for all At the appropriate place, insert the fol- vide the Food and Drug Administration with urban consumers (all items, United States lowing: any authority regarding the growing, cul- city average), for the 12 month period ending SEC. ll. POINT OF ORDER TO KEEP HEALTH tivation, curing or processing of raw to- June 30 preceding the fiscal year for which PLAN AND CHOICE OF DOCTOR AND bacco. the amount is being adjusted; TO LIMIT GOVERNMENT MANAGED, RATIONED HEALTH CARE. Mr. BUNNING submitted an ‘‘(B) the total percentage change for the SA 1237. (a) IN GENERAL.—In the Senate, it shall not amendment intended to be proposed by previous fiscal year in basic pay under the be in order, to consider any bill, joint resolu- General Schedule in accordance with section him to the bill H.R. 1256, to protect the tion, amendment, motion, or conference re- public health by providing the Food 5332 of title 5, United States Code, as ad- port that— justed by any locality-based comparability (1) eliminates the ability of Americans to and Drug Administration with certain payment pursuant to section 5304 of such keep their health plan or their choice of doc- authority to regulate tobacco products, title for Federal employees stationed in the tor (as determined by the Congressional to amend title 5, United States Code, District of Columbia; or Budget Office); or to make certain modifications in the ‘‘(C) the average annual change in the cost, (2) decreases the number of Americans en- Thrift Savings Plan, the Civil Service per full-time equivalent position of the Food rolled in private health insurance plans, Retirement System, and the Federal and Drug Administration, of all personnel while increasing the number of Americans Employees’ Retirement System, and compensation and benefits paid with respect enrolled in government-managed, rationed to such positions, for the first 5 years of the for other purposes; which was ordered health care (as determined by the Congres- to lie on the table; as follows: most recent 6-year period ending on Sep- sional Budget Office). tember 30 of the year for which such amount (b) WAIVER.—This section may be waived In section 919 of the Federal Food, Drug, is being adjusted. or suspended only by an affirmative vote of and Cosmetic Act (as added by section 101) The adjustment made with respect to each three-fifths of the Members of the Senate, add the following: ‘‘(f) TOBACCO GROWER GRANT PROGRAM.— fiscal year under this subsection shall be dully chosen and sworn. ‘‘(1) IN GENERAL.—The Secretary shall use added on a compounded basis to the sum of (c) APPEALS.—An affirmative vote of three- all adjustments made for each such fiscal fifths of the Members of the Senate, duly a portion of the amounts collected under this year after fiscal year 2020. chosen and sworn, shall be required to sus- section to award grants to producers of to- bacco leaf, including tobacco growers, to- ‘‘(2) WORKLOAD ADJUSTMENT.—Beginning tain an appeal of the ruling of the Chair on with fiscal year 2020, after the amount pro- a point of order raised under this section. bacco warehouses, and tobacco grower co- vided for in subsection (b)(1)(K) is adjusted operatives, to enable such producers to offset for a fiscal year in accordance with para- SA 1235. Mr. LAUTENBERG sub- the costs imposed under this chapter. ‘‘(2) APPLICATION.—To be eligible for a graph (1), the fee revenues shall be further mitted an amendment intended to be adjusted for such fiscal year to account for grant under paragraph (1), a producer of to- proposed by him to the bill H.R. 1256, bacco leaf shall submit to the Secretary an changes in the workload of the Secretary in to protect the public health by pro- carrying out the responsibilities provided for application at such time, in such manner, under this chapter. With respect to such ad- viding the Food and Drug Administra- and containing such information as the Sec- justment, the following shall apply: tion with certain authority to regulate retary may require. ‘‘(A) The adjustment shall be determined tobacco products, to amend title 5, ‘‘(3) USE OF FUNDS.—A producer of tobacco by the Secretary based on a weighted aver- United States Code, to make certain leaf shall use amounts received under this age of the change in the total number of ap- modifications in the Thrift Savings subsection to pay the additional expenses as- sociated with compliance by such producer plications under sections 910 and 911 during Plan, the Civil Service Retirement the previous 12-month period. The Secretary with the requirements of this chapter. System, and the Federal Employees’ ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— shall publish in the Federal Register the fee Retirement System, and for other pur- revenues and fees resulting from the adjust- There is authorized to be appropriated, such ment and the supporting methodologies. poses; which was ordered to lie on the sums as may be necessary to carry out this ‘‘(B) Under no circumstances shall the ad- table; as follows: subsection.’’. At the end of section 907(a)(1) of the Fed- justment result in fee revenues for a fiscal SA 1238. Mr. BUNNING submitted an year that are less than the fee revenues for eral Food, Drug, and Cosmetic Act (as added fiscal year 2019 (as established under sub- by section 101(b)), add the following: amendment intended to be proposed by section (b)(1)(K)), as adjusted under para- ‘‘(C) CHARACTERIZING FLAVOR.—For pur- him to the bill H.R. 1256, to protect the graph (1).’’. poses of subparagraph (A), the term ‘charac- public health by providing the Food terizing flavor’ means— and Drug Administration with certain SA 1233. Mr. MCCAIN submitted an ‘‘(i) a distinguishable flavor, taste, or authority to regulate tobacco products, amendment intended to be proposed by aroma imparted by the tobacco product, or to amend title 5, United States Code, him to the bill H.R. 1256, to protect the any smoke emanating from that product, to make certain modifications in the public health by providing the Food prior to or during consumption that pre- Thrift Savings Plan, the Civil Service and Drug Administration with certain dominates over the flavor, taste, or aroma of Retirement System, and the Federal the tobacco; or authority to regulate tobacco products, Employees’ Retirement System, and to amend title 5, United States Code, ‘‘(ii) a distinguishable flavor, taste, or aroma other than tobacco used to advertise for other purposes; which was ordered to make certain modifications in the or market the tobacco product. to lie on the table; as follows: Thrift Savings Plan, the Civil Service In section 917 of the Federal Food, Drug, Retirement System, and the Federal SA 1236. Mr. BUNNING submitted an and Cosmetic Act (as added by section 101) Employees’ Retirement System, and amendment intended to be proposed by strike subsections (a) and (b)(1) and insert for other purposes; which was ordered him to the bill H.R. 1256, to protect the the following: to lie on the table; as follows: public health by providing the Food ‘‘(a) ESTABLISHMENT.—Not later than 6 On page 199, line 10, insert ‘‘, except the months after the date of enactment of the and Drug Administration with certain Family Smoking Prevention and Tobacco term shall not include a member of the uni- authority to regulate tobacco products, formed services’’ before the period. Control Act, the Secretary shall establish a On page 199, strike lines 15 through 24. to amend title 5, United States Code, 14-member advisory committee, to be known On page 209, line 12, strike all through page to make certain modifications in the as the Tobacco Products Scientific Advisory 210, line 12. Thrift Savings Plan, the Civil Service Committee (in this section referred to as the Retirement System, and the Federal ‘Advisory Committee’). SA 1234. Mr. DEMINT submitted an Employees’ Retirement System, and ‘‘(b) MEMBERSHIP.— amendment intended to be proposed by ‘‘(1) IN GENERAL.— for other purposes; which was ordered ‘‘(A) MEMBERS.—The Secretary shall ap- him to the bill H.R. 1256, to protect the to lie on the table; as follows: public health by providing the Food point as members of the Tobacco Products In section 4, strike subsection (b) and in- Scientific Advisory Committee individuals and Drug Administration with certain sert the following: who are technically qualified by training and authority to regulate tobacco products, (b) AGRICULTURAL ACTIVITIES.—The provi- experience in medicine, medical ethics, to amend title 5, United States Code, sions of this Act (or an amendment made by science, or technology involving the manu- to make certain modifications in the this Act) which authorize the Secretary to facture, evaluation, or use of tobacco prod- Thrift Savings Plan, the Civil Service take action with regards to tobacco products ucts, who are of appropriately diversified

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.035 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6053 professional backgrounds. The committee At the appropriate place, insert the fol- vision, on radio, in print, on billboards, on shall be composed of— lowing: movie trailers, on the Internet, and in other ‘‘(i) 7 individuals who are physicians, den- TITLE ll—TOBACCO BUYOUT media. tists, scientists, or health care professionals ‘‘(e) PROCEDURES.—The Secretary shall de- SEC. ll01. ESTABLISHMENT OF TOBACCO velop procedures for— practicing in the area of oncology, BUYOUT PROGRAM. ‘‘(1) the submission and verification of cer- pulmonology, cardiology, toxicology, phar- Chapter IX of the Federal Food, Drug, and tificates under subsection (a); macology, addiction, or any other relevant Cosmetic Act (as added by section 101 and ‘‘(2) the administration and verification of specialty; amended by section 301) is further amended additional cigarette sales allotment con- ‘‘(ii) 1 individual who is an officer or em- by adding at the end the following: ployee of a State or local government or of tracts under subsection (c); and ‘‘SEC. 921. ESTABLISHMENT OF TOBACCO ‘‘(3) the imposition of penalties under sub- the Federal Government; BUYOUT PROGRAM. ‘‘(iii) 1 individual as a representative of the section (d).’’. ‘‘(a) IN GENERAL.—The Secretary shall es- general public; tablish a program to require annual reduc- SA 1241. Mr. BROWNBACK (for him- ‘‘(iv) 1 individual as a representative of the tions in the sale of cigarettes. interests of the tobacco manufacturing in- self, Mr. KYL, and Mr. BOND) submitted ‘‘(b) REQUIREMENT.— an amendment intended to be proposed dustry; ‘‘(1) IN GENERAL.—Under the program under ‘‘(v) 1 individual as a representative of the subsection (a), each tobacco product manu- by him to the bill H.R. 1256, to protect interests of the small business tobacco man- facturer shall annually certify to the Sec- the public health by providing the ufacturing industry, which position may be retary that— Food and Drug Administration with filled on a rotating, sequential basis by rep- ‘‘(A) with respect to cigarettes made by certain authority to regulate tobacco resentatives of different small business to- such manufacturer, the total number of such products, to amend title 5, United bacco manufacturers based on areas of exper- cigarettes sold during the year for which the States Code, to make certain modifica- tise relevant to the topics being considered certification is submitted is 1 percent less tions in the Thrift Savings Plan, the by the Advisory Committee; and than the total number of such cigarettes sold Civil Service Retirement System, and ‘‘(vi) 3 individuals as representatives of the during the preceding year; or interests of the tobacco growers, with 1 such the Federal Employees’ Retirement ‘‘(B) such manufacturer has purchased an System, and for other purposes; which individual representing flu tobacco, one such additional cigarette sales allotment from an- individual representing burley tobacco, and other manufacturer as provided for in sub- was ordered to lie on the table; as fol- one such individual representing dark to- section (c). lows: bacco. ‘‘(2) INITIAL CERTIFICATION.—With respect At the end of the bill, add the following: ‘‘(B) CONFLICTS OF INTEREST.—No members to the first year for which a certification is DIVISION C—DESIGNATION OF NORTH of the committee, other than members ap- submitted by a tobacco product manufac- KOREA AS STATE SPONSOR OF TER- pointed pursuant to clauses (iv), (v), and (vi) turer, the 1 percent reduction required under RORISM of subparagraph (A) shall, during the mem- paragraph (1)(A) with respect to the sale of SEC. 101. FINDINGS. ber’s tenure on the committee or for the 18- cigarettes shall be determined using the Congress makes the following findings: month period prior to becoming such a mem- amount of such manufacturer’s cigarettes (1) On October 11, 2008, the Department of ber, receive any salary, grants, or other pay- sold in the highest sales year during the pre- State removed North Korea from its list of ments or support from any business that ceding 5-year period (as determined by the state sponsors of terrorism, on which it had manufactures, distributes, markets, or sells Secretary). been placed in 1988. cigarettes or other tobacco products.’’. ‘‘(c) ADDITIONAL CIGARETTE SALES ALLOT- (2) North Korea was removed from that list MENT.— SA 1239. Mr. BUNNING submitted an despite its refusal to account fully for its ab- ‘‘(1) IN GENERAL.—A tobacco product manu- duction of foreign citizens, proliferation of amendment intended to be proposed by facturer (referred to in this subsection as the nuclear and other dangerous technologies him to the bill H.R. 1256, to protect the ‘contracting manufacturer’) to which this and weapon systems to other state sponsors public health by providing the Food section applies may enter into a contract of terrorism, or its commission of other past and Drug Administration with certain with one or more additional manufacturers acts of terrorism. authority to regulate tobacco products, (referred to in this subsection as a ‘decreased (3) On March 17, 2009, American journalists to amend title 5, United States Code, sales manufacturer’) to purchase from such Euna Lee and Laura Ling were abducted to make certain modifications in the manufacturers an additional sales allotment. near the Chinese-North Korean border by Thrift Savings Plan, the Civil Service ‘‘(2) REQUIREMENT.—A contract entered agents of the North Korean government. Retirement System, and the Federal into under paragraph (1) shall— (4) The Government of North Korea has an- ‘‘(A) require the decreased sales manufac- nounced that these United States citizens Employees’ Retirement System, and turer to provide for a further reduction in will stand trial on June 4, 2009, where they for other purposes; which was ordered the total number of cigarettes sold during face imprisonment in a North Korean prison to lie on the table; as follows: the year involved (beyond that required camp. At the appropriate place, insert the fol- under subsection (b)(1)) by an amount equal (5) On April 5, 2009, the Government of lowing: to the additional sales allotment provided North Korea tested a long-range ballistic SEC. ll. FARMER FEASIBILITY STUDY. for in the contract; and missile in violation of United Nations Secu- The Secretary of Health and Human Serv- ‘‘(B) permit the contracting manufacturer rity Council Resolutions 1695 and 1718. ices, acting through the Food and Drug Ad- to increase the total number of cigarettes (6) After purportedly disabling its ministration shall conduct a study of the sold during the year involved by an amount Yongbyon nuclear facility in 2008, the Gov- technical, logistical, and economic viability equal to the additional sales allotment pro- ernment of North Korea has since announced of any standards imposed under the Act (and vided for in the contract. its re-commissioning. the amendments made by this Act) on farm- ‘‘(3) ADDITIONAL SALES ALLOTMENT.—In this (7) On April 15, 2009, the Government of ers regarding the growing, cultivation, cur- subsection, the term ‘additional sales allot- North Korea announced it was expelling ing, or processing of raw tobacco. Not later ment’ means the number of cigarettes by international inspectors from its Yongbyon than 1 year after the date of enactment of which the decreased sales manufacturer nuclear facility and ending its participation this Act, the Secretary shall submit a report agrees to further reduce its sales during the in disarmament talks. concerning the results of such study to the year involved. (8) On May 25, 2009, the Government of Committee on Agriculture of the Senate and ‘‘(d) ENFORCEMENT.— North Korea conducted a second illegal nu- the Committee on Agriculture of the House ‘‘(1) IN GENERAL.—A tobacco product manu- clear test, in addition to conducting tests of of Representatives. facturer that fails to comply with the re- its ballistic missile systems. quirement of subsection (b) for any year (9) President Barack Obama stated that ac- SA 1240. Mr. ENZI submitted an shall be subject to a penalty in an amount tions of the Government of North Korea ‘‘are amendment intended to be proposed by equal to $2 multiplied by the number of ciga- a matter of grave concern to all nations. him to the bill H.R. 1256, to protect the rettes by which such manufacturer has failed North Korea’s attempts to develop nuclear public health by providing the Food to comply with such subsection (b). Amounts weapons, as well as its ballistic missile pro- and Drug Administration with certain collected under this paragraph shall be used gram, constitute a threat to international authority to regulate tobacco products, to carry out paragraph (2). peace and security. By acting in blatant defi- to amend title 5, United States Code, ‘‘(2) TOBACCO USE COUNTER-ADVERTISING.— ance of the United Nations Security Council, to make certain modifications in the The Secretary, acting through the Adminis- North Korea is directly and recklessly chal- trator of the Substance Abuse and Mental lenging the international community. North Thrift Savings Plan, the civil Service Health Services Administration, shall carry Korea’s behavior increases tensions and un- Retirement System, and the Federal out a campaign of counter-advertising with dermines stability in Northeast Asia. Such Employees’ Retirement System, and respect to tobacco use. The campaign shall provocations will only serve to deepen North for other purposes; which was ordered consist of the placement of pro-health adver- Korea’s isolation. It will not find inter- to lie on the table; as follows: tisements regarding tobacco use on tele- national acceptance unless it abandons its

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.045 S03JNPT1 jbell on PROD1PC69 with SENATE S6054 CONGRESSIONAL RECORD — SENATE June 3, 2009 pursuit of weapons of mass destruction and sponding to the AACN survey reported a lack subsection (b) begins, but in no case before their means of delivery.’’ of nurse faculty as the number 1 reason for the individual starts as a full-time member SEC. 102. DESIGNATION AS A COUNTRY THAT HAS turning away qualified applicants. Likewise, of the faculty of an accredited school of REPEATEDLY PROVIDED SUPPORT nearly 70 percent of the associate’s degree nursing, the Secretary shall begin making FOR ACTS OF INTERNATIONAL TER- registered nurse programs responding to the payments, for and on behalf of that indi- RORISM. most recent American Association of Com- vidual, on the outstanding principal of, and (a) DESIGNATION.—The Secretary of State munity Colleges Nursing Survey reported a interest on, any loan the individual obtained shall designate the Democratic People’s Re- lack of faculty to teach as the number 1 rea- to pay for such degree; public of North Korea as a country that has son for turning away qualified applicants. ‘‘(2) for an individual who has completed a repeatedly provided support for acts of inter- (5) Large numbers of faculty members at master’s degree in nursing— national terrorism for purposes of section schools of nursing in the United States are ‘‘(A) payments may not exceed $10,000 per 6(j) of the Export Administration Act of 1979 nearing retirement. According to the AACN, calendar year; and (50 U.S.C. App. 2405(j)), section 40 of the the average age of a nurse faculty member is ‘‘(B) total payments may not exceed Arms Export Control Act (22 U.S.C. 2780), and 55 years old and the average age at retire- $40,000; and section 620A of the Foreign Assistance Act of ment is 62. ‘‘(3) for an individual who has completed a 1961 (22 U.S.C. 2371). (6) The current nationwide nurse faculty doctorate degree in nursing— (b) WAIVER AUTHORITY.—The President vacancy rate is estimated to be as high as 7.6 ‘‘(A) payments may not exceed $20,000 per may waive the requirements under sub- percent, including 814 vacant positions at calendar year; and section (a) upon certifying to Congress that schools of nursing offering baccalaureate and ‘‘(B) total payments may not exceed the Government of North Korea has— advanced degrees and, in 2006, as many as 880 $80,000. (1) verifiably dismantled its nuclear weap- in associate’s degree programs. ‘‘(d) BREACH OF AGREEMENT.— ons programs; (7) Market forces have created disincen- ‘‘(1) IN GENERAL.—In the case of any agree- (2) ceased all nuclear and missile prolifera- tives for individuals qualified to become ment made under subsection (a), the indi- tion activities; nurse educators from pursing this career. vidual is liable to the Federal Government (3) released United States citizens Euna The average annual salary for an associate for the total amount paid by the Secretary Lee and Laura Ling; professor of nursing with a master’s degree is under such agreement, and for interest on (4) returned the last remains of United nearly 20 percent less than the average sal- such amount at the maximum legal pre- States permanent resident, Reverend Kim ary for a nurse practitioner with a master’s vailing rate, if the individual fails to meet Dong-shik; degree, according to the 2007 salary survey the agreement terms required under sub- (5) released, or accounted for, all foreign by the journal ADVANCE for Nurse Practi- section (b). abductees and prisoners of war; and tioners. ‘‘(2) WAIVER OR SUSPENSION OF LIABILITY.— (6) released all North Korean prisoners of (8) The most recent Health Resources and In the case of an individual making an agree- conscience. Services Administration survey data indi- ment for purposes of paragraph (1), the Sec- cates that from a total of more than 2,000,000 retary shall provide for the waiver or suspen- SA 1242. Mr. BAYH (for himself, Ms. registered nurses, only 143,113 registered sion of liability under such paragraph if com- MURKOWSKI, Mr. BURRIS, Mr. nurses with a bachelor’s degree and only pliance by the individual with the agreement LIEBERMAN, Mr. WARNER, Mr. WEBB, 51,318 registered nurses with an associate’s involved is impossible or would involve ex- and Mr. NELSON of Nebraska) sub- degree have continued their education to treme hardship to the individual or if en- mitted an amendment intended to be earn a master’s degree in the science of nurs- forcement of the agreement with respect to proposed by him to the bill H.R. 1256, ing, the minimum credential necessary to the individual would be unconscionable. to protect the public health by pro- teach in all types of registered nurse pro- ‘‘(3) DATE CERTAIN FOR RECOVERY.—Subject viding the Food and Drug Administra- grams. The majority of these graduates do to paragraph (2), any amount that the Fed- not become nurse educators. eral Government is entitled to recover under tion with certain authority to regulate (9) Current Federal incentive programs to paragraph (1) shall be paid to the United tobacco products, to amend title 5, encourage nurses to become educators are States not later than the expiration of the 3- United States Code, to make certain inadequate and inaccessible for many inter- year period beginning on the date the United modifications in the Thrift Savings ested nurses. States becomes so entitled. Plan, the Civil Service Retirement (10) A broad incentive program must be ‘‘(4) AVAILABILITY.—Amounts recovered System, and the Federal Employees’ available to willing and qualified nurses that under paragraph (1) shall be available to the Retirement System, and for other pur- will provide financial support and encourage Secretary for making loan repayments under poses; which was ordered to lie on the them to pursue and maintain a career in this section and shall remain available for nursing education. such purpose until expended. table; as follows: SEC. 3. NURSE FACULTY LOAN REPAYMENT PRO- ‘‘(e) ELIGIBLE INDIVIDUAL DEFINED.—For At the end of the bill, add the following: GRAM. purposes of this section, the term ‘eligible DIVISION l—NURSE FACULTY LOAN Part E of title VIII of the Public Health individual’ means an individual who— REPAYMENT PROGRAM Service Act (42 U.S.C. 297a et seq.) is amend- ‘‘(1) is a United States citizen, national, or SEC. 1. SHORT TITLE. ed by inserting after section 846A the fol- lawful permanent resident; This division may be cited as the ‘‘Nurses’ lowing new section: ‘‘(2) holds an unencumbered license as a Higher Education and Loan Repayment Act ‘‘SEC. 846B. NURSE FACULTY LOAN REPAYMENT registered nurse; and of 2009’’. PROGRAM. ‘‘(3) has either already completed a mas- SEC. 2. FINDINGS. ‘‘(a) ESTABLISHMENT.—The Secretary, act- ter’s or doctorate nursing program at an ac- The Congress finds the following: ing through the Administrator of the Health credited school of nursing or is currently en- (1) The Health Resources and Services Ad- Resources and Services Administration, may rolled on a full-time or part-time basis in ministration estimates there is currently a enter into an agreement with eligible indi- such a program. shortage of more than 200,000 registered viduals for the repayment of education ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— nurses nationwide and projects the shortage loans, in accordance with this section, to in- There are authorized to be appropriated to will grow to more than 1,000,000 nurses by crease the number of qualified nursing fac- the Secretary such sums as may be nec- 2020, 36 percent less than needed to meet de- ulty. essary for each of fiscal years 2010 through 2014 to carry out this Act. Such sums shall mand for nursing care. ‘‘(b) AGREEMENTS.—Each agreement en- (2) The shortage of qualified nursing fac- tered into under subsection (a) shall require remain available until expended. ‘‘(g) SUNSET.—The provisions of this sec- ulty is the primary factor driving the inabil- that the eligible individual shall serve as a tion shall terminate on December 31, 2020.’’. ity of nursing schools to graduate more reg- full-time member of the faculty of an accred- istered nurses to meet the Nation’s growing ited school of nursing for a total period, in Mr. DEMINT (for himself, workforce demand. the aggregate, of at least 4 years during the SA 1243. (3) There continues to be strong interest on 6-year period beginning on the later of— Mr. KYL, Mr. BUNNING, Mr. MARTINEZ, the part of young Americans to enter the ‘‘(1) the date on which the individual re- Mr. JOHANNS, Mr. RISCH, Mr. CRAPO, nursing field. The National League for Nurs- ceives a master’s or doctorate nursing degree Mr. MCCONNELL, Mr. BOND, Mr. ing estimates that 88,000 qualified applica- from an accredited school of nursing; or CORNYN, Mr. CHAMBLISS, Mr. COBURN, tions, or 1 out of every 3 submitted to basic ‘‘(2) the date on which the individual en- Mr. ROBERTS, Mr. INHOFE, Mr. BEN- registered nurse programs in 2006, were re- ters into an agreement under subsection (a). NETT, Mr. BURR, and Mr. BROWNBACK) jected due to lack of capacity. ‘‘(c) AGREEMENT PROVISIONS.—Agreements submitted an amendment intended to (4) The American Association of Colleges entered into pursuant to subsection (a) shall be proposed by him to the bill H.R. of Nursing (in this section referred to as the be entered into on such terms and conditions ‘‘AACN’’) estimates that 49,948 applicants as the Secretary may determine, except 1256, to protect the public health by were turned away specifically from bacca- that— providing the Food and Drug Adminis- laureate and graduate schools of nursing in ‘‘(1) not more than 300 days after the date tration with certain authority to regu- 2008 and over 70 percent of the schools re- on which the 6-year period described under late tobacco products, to amend title 5,

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.040 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6055 United States Code, to make certain Sec. 118. Preservation of State and local au- (6) Quitting cigarette smoking signifi- modifications in the Thrift Savings thority. cantly reduces the risk for serious diseases. Plan, the Civil Service Retirement Sec. 119. Tobacco Products Scientific Advi- (7) Adult tobacco consumers have a right System, and the Federal Employees’ sory Committee. to be fully and accurately informed about Sec. 120. Drug products used to treat to- the risks of serious diseases, the significant Retirement System, and for other pur- bacco dependence. differences in the comparative risks of dif- poses; which was ordered to lie on the TITLE II—TOBACCO PRODUCTS WARN- ferent tobacco and nicotine-based products, table; as follows: INGS; CONSTITUENT AND SMOKE CON- and the benefits of quitting. This informa- At the appropriate place, insert the fol- STITUENT DISCLOSURE tion should be based on sound science. lowing: Sec. 201. Cigarette label and advertising (8) Governments, public health officials, SEC. ll. STATE-SPONSOR OF TERRORISM. warnings. tobacco manufacturers and others share a re- The Secretary of State shall consider the Sec. 202. Smokeless tobacco labels and ad- sponsibility to provide adult tobacco con- Government of the Democratic People’s Re- vertising warnings. sumers with accurate information about the public of Korea to have repeatedly provided TITLE III—PUBLIC DISCLOSURES BY various health risks and comparative risks support for acts of international terrorism, TOBACCO PRODUCTS MANUFACTURERS associated with the use of different tobacco and nicotine products. and the Democratic People’s Republic of Sec. 301. Disclosures on packages of tobacco (9) Tobacco products should be regulated in Korea shall be subject to the provisions set products. a manner that is designed to achieve signifi- forth in section 40(d) of the Arms Export Sec. 302. Disclosures on packages of smoke- cant and measurable reductions in the mor- Control Act (22 U.S.C. 2780(d)), section less tobacco. bidity and mortality associated with tobacco 620A(a) of the Foreign Assistance Act of 1961 Sec. 303. Public disclosure of ingredients. (22 U.S.C. 2371(a)), and section 6(j) of the Ex- use. Regulations should enhance the infor- port Administration Act of 1979 (50 App. TITLE IV—PREVENTION OF ILLICIT mation available to adult consumers to per- U.S.C. 2405(j)). TRADE IN TOBACCO PRODUCTS mit them to make informed choices, and en- Sec. 401. Study and report on illicit trade. courage the development of tobacco and nic- SA 1244. Mr. BURR (for himself and Sec. 402. Amendment to section 1926 of the otine products with lower risks than ciga- Mrs. HAGAN) submitted an amendment Public Health Service Act. rettes currently sold in the United States. Sec. 403. Establishment of rankings. intended to be proposed by him to the (10) The form of regulation should be based bill H.R. 1256, to protect the public TITLE V—ENFORCEMENT PROVISIONS on the risks and comparative risks of to- Sec. 501. Prohibited acts. bacco and nicotine products and their respec- health by providing the Food and Drug tive product categories. Administration with certain authority Sec. 502. Injunction proceedings. Sec. 503. Penalties. (11) The regulation of marketing of tobacco to regulate tobacco products, to amend Sec. 504. Seizure. products should be consistent with constitu- title 5, United States Code, to make Sec. 505. Report of minor violations. tional protections and enhance an adult con- certain modifications in the Thrift Sec. 506. Inspection. sumer’s ability to make an informed choice Savings Plan, the Civil Service Retire- Sec. 507. Effect of compliance. by providing accurate information on the ment System, and the Federal Employ- Sec. 508. Imports. risks and comparative risks of tobacco prod- ees’ Retirement System, and for other Sec. 509. Tobacco products for export. ucts. TITLE VI—MISCELLANEOUS PROVISIONS (12) Reducing the diseases and deaths asso- purposes; which was ordered to lie on ciated with the use of cigarettes serves pub- Sec. 601. Use of payments under the master the table; as follows: lic health goals and is in the best interest of settlement agreement and indi- Strike all after the enacting clause and in- consumers and society. Harm reduction vidual State settlement agree- sert the following: should be the critical element of any com- ments. prehensive public policy surrounding the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 602. Preemption of State Laws Imple- health consequences of tobacco use. (a) SHORT TITLE.—This Act may be cited as menting Fire Safety Standard (13) Significant reductions in the harm as- the ‘‘Preventing Disease and Death from To- for Cigarettes. sociated with the use of cigarettes can be bacco Use Act’’. Sec. 603. Inspection by the alcohol and to- achieved by providing accurate information (b) TABLE OF CONTENTS.—The table of con- bacco tax trade bureau of regarding the comparative risks of tobacco tents of this Act is as follows: records of certain cigarette and products to adult tobacco consumers, there- Sec. 1. Short title; table of contents. smokeless tobacco sellers. by encouraging smokers to migrate to the Sec. 2. Findings. Sec. 604. Severability. use of smoke-free tobacco and nicotine prod- Sec. 3. Purpose. TITLE VII—TOBACCO GROWER ucts, and by developing new smoke-free to- Sec. 4. Scope and effect. PROTECTION bacco and nicotine products and other ac- Sec. 5. Severability. Sec. 701. Tobacco grower protection. tions. Sec. 6. Effective date. TITLE VIII—RESTRICTIONS ON YOUTH (14) Governments, public health officials, TITLE I—AUTHORITY OF THE TOBACCO ACCESS TO TOBACCO PRODUCTS AND manufacturers, tobacco producers and con- HARM REDUCTION CENTER EXPOSURE OF YOUTHS TO TOBACCO sumers should support the development, pro- Sec. 100. Definitions. PRODUCT MARKETING AND ADVER- duction, and commercial introduction of to- Sec. 101. Center authority over tobacco TISING bacco leaf, and tobacco and nicotine-based products. Sec. 801. Prohibitions on youth targeting. products that are scientifically shown to re- Sec. 102. Exclusion of other regulatory pro- duce the risks associated with the use of ex- grams. TITLE IX—USER FEES isting tobacco products, particularly ciga- Sec. 103. Existing Federal statutes main- Sec. 901. User fees. rettes. tained. SEC. 2. FINDINGS. (15) Adult tobacco consumers should have Sec. 104. Proceedings in the name of the The Congress finds the following: access to a range of commercially viable to- United States; subpoenas; pre- (1) Cigarette smoking is a leading cause of bacco and nicotine-based products. emption of State and local law; preventable deaths in the United States. Cig- (16) There is substantial scientific evidence no private right of action. arette smoking significantly increases the that selected smokeless tobacco products Sec. 105. Adulterated tobacco products. risk of developing lung cancer, heart disease, can satisfy the nicotine addiction of invet- Sec. 106. Misbranded tobacco products. chronic bronchitis, emphysema and other se- erate smokers while eliminating most, if not Sec. 107. Submission of health information rious diseases with adverse health condi- all, risk of pulmonary and cardiovascular to the Administrator. tions. complications of smoking and while reducing Sec. 108. Registration and listing. (2) The risk for serious diseases is signifi- the risk of cancer by more than 95 percent. Sec. 109. General provisions respecting con- cantly affected by the type of tobacco prod- (17) Transitioning smokers to selected trol of tobacco products. uct and the frequency, duration and manner smokeless tobacco products will eliminate Sec. 110. Smoking article standards. of use. environmental tobacco smoke and fire-re- Sec. 111. Notification and other remedies. (3) No tobacco product has been shown to lated hazards. Sec. 112. Records and reports on tobacco be safe and without risks. The health risks (18) Current ‘‘abstain, quit, or die’’ tobacco products. associated with cigarettes are significantly control policies in the United States may Sec. 113. Application for review of certain greater than those associated with the use of have reached their maximum possible public smoking articles. smoke-free tobacco and nicotine products. health benefit because of the large number of Sec. 114. Modified risk tobacco products. (4) Nicotine in tobacco products is addict- cigarette smokers either unwilling or unable Sec. 115. Judicial review. ive but is not considered a significant threat to discontinue their addiction to nicotine. Sec. 116. Jurisdiction of and coordination to health. (19) There is evidence that harm reduction with the Federal Trade Com- (5) It is the smoke inhaled from burning to- works and can be accomplished in a way that mission. bacco which poses the most significant risk will not increase initiation or impede smok- Sec. 117. Regulation requirement. of serious diseases. ing cessation.

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.036 S03JNPT1 jbell on PROD1PC69 with SENATE S6056 CONGRESSIONAL RECORD — SENATE June 3, 2009 (20) Health-related agencies and organiza- (2) affect any action pending in Federal, communication of what otherwise is adver- tions, both within the United States and State, or Tribal court, or any agreement, tising shall be deemed to be advertising; abroad have already gone on record endors- consent decree, or contract of any kind; or (F) any communication in, on, or within a ing Harm Reduction as an approach to fur- (3) be applicable to tobacco products or factory, office, plant, warehouse, or other fa- ther reducing tobacco related illness and component parts manufactured in the United cility related to or associated with the devel- death. States for export. opment, manufacture, or storage of tobacco (21) Current Federal policy requires to- (b) AGRICULTURAL ACTIVITIES.—The provi- products; bacco product labeling that leaves the incor- sions of this Act (or an amendment made by (G) any communication to any govern- rect impression that all tobacco product this Act) which authorize the Administrator mental agency, body, official, or employee; present equal risk. to take certain actions with regard to to- (H) any communication to any journalist, SEC. 3. PURPOSE. bacco and tobacco products shall not be con- editor, Internet blogger, or other author; The purposes of this Act are— strued to affect any authority of the Sec- (I) any communication in connection with (1) to provide authority to the Tobacco retary of Agriculture under existing law re- litigation, including arbitration and like Harm Reduction Center by recognizing it as garding the growing, cultivation, or curing proceedings; or the primary Federal regulatory authority of raw tobacco. (J) any editorial advertisement that ad- with respect to tobacco products as provided (c) REVENUE ACTIVITIES.—The provisions of dresses a public issue. for in this Act; this Act (or an amendment made by this (5) The term ‘‘affiliate’’ means a person (2) to ensure that the Center has the au- Act) which authorize the Administrator to that directly or indirectly owns or controls, thority to address issues of particular con- take certain actions with regard to tobacco is owned or controlled by, or is under com- cern to public health officials, especially the products shall not be construed to affect any mon ownership or control with, another per- use of tobacco by young people and depend- authority of the Secretary of the Treasury son. The terms ‘‘owns,’’ ‘‘is owned’’, and ence on tobacco; under chapter 52 of the Internal Revenue ‘‘ownership’’ refer to ownership of an equity (3) to authorize the Center to set national Code of 1986. interest, or the equivalent thereof, of 50 per- standards controlling the manufacture of to- SEC. 5. SEVERABILITY. cent or more. bacco products and the identity, public dis- If any provision of this Act, the amend- (6) The term ‘‘Agency’’ means the Tobacco closure, and amount of ingredients used in ments made by this Act, or the application Regulatory Agency. such products; of any provision of this Act to any person or (7) The term ‘‘age-verified adult’’ means (4) to provide new and flexible enforcement circumstance is held to be invalid, the re- any individual who is an adult and— authority to ensure that there is effective mainder of this Act, the amendments made (A) who has stated or acknowledged, after oversight of the tobacco industry’s efforts to by this Act, and the application of the provi- being asked, that he or she is an adult and a develop, introduce, and promote less harmful sions of this Act to any other person or cir- tobacco product user, and has presented tobacco products; cumstance shall not be affected and shall proof of age identifying the individual and (5) to vest the Center with the authority to continue to be enforced to the fullest extent verifying that the individual is an adult; or regulate the levels of tar, nicotine, and other possible. (B) whose status as an adult has been harmful components of tobacco products; SEC. 6. EFFECTIVE DATE. verified by a commercially available data- (6) to ensure that consumers are better in- Except as otherwise specifically provided, base of such information. formed regarding the relative risks for death the effective date of this Act shall be the (8) The term ‘‘annual report’’ means a to- and disease between categories of tobacco date of its enactment. bacco product manufacturer’s annual report products; to the Agency, which provides ingredient in- TITLE I—AUTHORITY OF THE TOBACCO (7) to continue to allow the sale of tobacco formation and nicotine yield ratings for each HARM REDUCTION CENTER products to adults in conjunction with meas- brand style that tobacco product manufac- ures to ensure that they are not sold or ac- SEC. 100. DEFINITIONS. turer manufactures for commercial distribu- cessible to underage purchasers; In this Act: tion domestically. (8) to impose appropriate regulatory con- (1) The term ‘‘Administrator’’ means the (9) The term ‘‘brand name’’ means a brand trols on the tobacco industry; chief executive of the Tobacco Regulatory name of a tobacco product distributed or (9) to promote prevention, cessation, and Agency (the Agency responsible for admin- sold domestically, alone, or in conjunction harm reduction policies and regulations to istering and enforcing this Act and regula- with any other word, trademark, logo, sym- reduce disease risk and the social costs asso- tions promulgated pursuant to this Act). bol, motto, selling message, recognizable ciated with tobacco-related diseases; (2) The term ‘‘adult’’ means any individual pattern of colors, or any other indicium of (10) to provide authority to the Depart- who has attained the minimum age under ap- product identification identical or similar ment of Health and Human Services to regu- plicable State law to be an individual to to, or identifiable with, those used for any late tobacco products; whom tobacco products may lawfully be domestic brand of tobacco product. The term (11) to establish national policies that ef- sold. shall not include the corporate name of any fectively reduce disease and death associated (3) The term ‘‘adult-only facility’’ means a tobacco product manufacturer that does not, with cigarette smoking and other tobacco facility or restricted area, whether open-air after the effective date of this Act, sell a use; or enclosed, where the operator ensures, or brand style of tobacco product in the United (12) to establish national policies that en- has a reasonable basis to believe, that no States that includes such corporate name. courage prevention, cessation, and harm re- youth is present. A facility or restricted area (10) The term ‘‘brand name sponsorship’’ duction measures regarding the use of to- need not be permanently restricted to adults means an athletic, musical, artistic, or other bacco products; in order to constitute an adult-only facility, social or cultural event, series, or tour, with (13) to encourage current cigarette smok- if the operator ensures, or has a reasonable respect to which payment is made, or other ers who will not quit to use noncombustible basis to believe, that no youth is present consideration is provided, in exchange for tobacco or nicotine products that have sig- during any period of operation as an adult- use of a brand name or names— nificantly less risk than cigarettes; only facility. (A) as part of the name of the event; or (14) to establish national policies that ac- (4) The term ‘‘advertising’’ means a com- (B) to identify, advertise, or promote such curately and consistently inform adult to- munication to the general public by a to- event or an entrant, participant, or team in bacco consumers of significant differences in bacco product manufacturer, distributor, re- such event in any other way. risk between respective tobacco products; tailer, or its agents, which identifies a to- (11) The term ‘‘brand style’’ means a to- (15) to establish national policies that en- bacco product by brand name and is intended bacco product having a brand name, and dis- courage and assist the development and by such manufacturer, distributor, retailer, tinguished by the selection of the tobacco, awareness of noncombustible tobacco and or its agents to promote purchases of such ingredients, structural materials, format, nicotine products; tobacco product. Such term shall not in- configuration, size, package, product (16) to coordinate national and State pre- clude— descriptor, amount of tobacco, or yield of vention, cessation, and harm reduction pro- (A) any advertising or other communica- ‘‘tar’’ or nicotine. grams; tion in any tobacco trade publication or to- (12) The term ‘‘carton’’ means a container (17) to impose measures to ensure tobacco bacco trade promotional material; into which packages of tobacco products are products are not sold or accessible to under- (B) the content of any scientific publica- directly placed for distribution or sale, but age purchasers; and tion or presentation, or any patent applica- does not include cases intended for shipping. (18) to strengthen Federal and State legis- tion or other communication to the United Such term includes a carton containing 10 lation to prevent illicit trade in tobacco States Patent and Trademark Office or any packages of cigarettes. products. similar office in any other country; (13) The term ‘‘cartoon’’ means any draw- SEC. 4. SCOPE AND EFFECT. (C) any corporate or financial report or fi- ing or other depiction of an object, person, (a) INTENDED EFFECT.—Nothing in this Act nancial communication; animal, creature or any similar caricature (or an amendment made by this Act) shall be (D) any communication to a lending insti- that satisfies any of the following criteria: construed to— tution or to securities holders; (A) The use of comically exaggerated fea- (1) establish a precedent with regard to any (E) any communication not intended for tures. other industry, situation, circumstance, or public display or public exposure, except (B) The attribution of human characteris- legal action; that a direct mailing or direct electronic tics to animals, plants or other objects, or

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.064 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6057 the similar use of anthropomorphic tech- means the methods for measuring cigarette (B) does not include— nique. smoke yields, as set forth in the most recent (i) an advertisement on the outside of a to- (C) The attribution of unnatural or version of ISO 3308, entitled ‘‘Routine ana- bacco product manufacturing facility; or extrahuman abilities, such as impervious- lytical cigarette-smoking machine—Defini- (ii) an advertisement that— ness to pain or injury, X-ray vision, tun- tion of standard conditions’’; ISO 4387, enti- (I) is inside a retail establishment that neling at very high speeds, or trans- tled ‘‘Cigarettes—Determination of total and sells tobacco products (other than solely formation. nicotine-free dry particulate matter using a through a vending machine or vending ma- The term does not include any drawing or routine analytical smoking machine’’; ISO chines); other depiction that, on the effective date of 10315, entitled ‘‘Cigarettes—Determination of (II) is placed on the inside surface of a win- this Act, was in use in the United States in nicotine in smoke condensates—Gas- dow facing outward; and any tobacco product manufacturer’s cor- chromatographic method’’; ISO 10362–1, enti- (III) is no larger than 14 square feet. porate logo or in any tobacco product manu- tled ‘‘Cigarettes—Determination of water in (34) The term ‘‘package’’ means a pack, facturer’s tobacco product packaging. smoke condensates—Part 1: Gas- box, carton, pouch, or container of any kind (14) The term ‘‘cigar’’ has the meaning as- chromatographic method’’; and ISO 8454, en- in which a tobacco product or tobacco prod- signed that term by the Alcohol and Tobacco titled ‘‘Cigarettes—Determination of carbon ucts are offered for sale, sold, or otherwise Tax and Trade Bureau in section 40.11 of title monoxide in the vapour phase of cigarette distributed to consumers. The term ‘‘pack- smoke—NDIR method’’. A cigarette that 27, Code of Federal Regulations. age’’ does not include an outer container does not burn down in accordance with the (15) The term ‘‘cigarette’’ means— used solely for shipping one or more pack- testing regimen standards may be measured (A) any roll of tobacco wrapped in paper or ages of a tobacco product or tobacco prod- under the same puff regimen using the num- in any substance not containing tobacco; or ucts. ber of puffs that such a cigarette delivers be- (B) any roll of tobacco wrapped in any sub- (35) The term ‘‘person’’ means any indi- fore it extinguishes, plus an additional three stance containing tobacco which, because of vidual, partnership, corporation, committee, puffs, or with such other modifications as the appearance of the roll of tobacco, the association, organization or group of per- the Administrator may approve. type of tobacco used in the filler, or its pack- sons, or other legal or business entity. (26) The term ‘‘interstate commerce’’ age or labeling, is likely to be offered to, or means all trade, traffic, or other commerce— (36) The term ‘‘proof of age’’ means a driv- purchased by, consumers as a cigarette de- (A) within the District of Columbia, or any er’s license or other form of identification scribed in subparagraph (A). territory or possession of the United States; that is issued by a governmental authority (16) The term ‘‘competent and reliable sci- (B) between any point in a State and any and includes a photograph and a date of entific evidence’’ means evidence based on point outside thereof; birth of the individual. tests, analyses, research, or studies, con- (C) between points within the same State (37) The term ‘‘raw tobacco’’ means to- ducted and evaluated in an objective manner through any place outside such State; or bacco in a form that is received by a tobacco by individuals qualified to do so, using proce- (D) over which the United States has juris- product manufacturer as an agricultural dures generally accepted in the relevant sci- diction. commodity, whether in a form that is— entific disciplines to yield accurate and reli- (27) The term ‘‘label’’ means a display of (A) natural, stem or leaf; able results. written, printed, or graphic matter upon or (B) cured or aged; or (3) (17) The term ‘‘distributor’’ means any per- applied securely to the immediate container (C) as parts or pieces, but not in a reconsti- son who furthers the distribution of tobacco of a tobacco product. tuted form, extracted pulp form, or extract products, whether domestic or imported, at (28) The term ‘‘labeling’’ means all labels form. any point from the original place of manu- and other written, printed, or graphic matter (38) The term ‘‘reduced-exposure claim’’ facture to the person who sells or distributes (1) upon or applied securely to any tobacco means a statement in advertising or labeling the tobacco product to individuals for per- product or any of its containers or wrappers, intended for one or more consumers of to- sonal consumption. Common carriers, retail- or (2) accompanying a tobacco product. bacco products, that a tobacco product pro- ers, and those engaged solely in advertising (29) The term ‘‘little cigar’’ has the mean- vides a reduced exposure of users of that to- are not considered distributors for purposes ing assigned that term by the Alcohol and bacco product to one or more toxicants, as of this Act. Tobacco Tax and Trade Bureau in section compared to an appropriate reference to- (18) The terms ‘‘domestic’’ and ‘‘domesti- 40.11 of title 27, Code of Federal Regulations. bacco product or category of tobacco prod- cally’’ mean within the United States, in- (30) The term ‘‘loose tobacco’’ means any ucts. A statement or representation that a cluding activities within the United States form of tobacco, alone or in combination tobacco product or the tobacco in a tobacco involving advertising, marketing, distribu- with any other ingredient or material, that, product contains ‘‘no additives’’ or is ‘‘nat- tion, or sale of tobacco products that are in- because of its appearance, form, type, pack- ural’’ or that uses a substantially similar tended for consumption within the United aging, or labeling, is suitable for use and term is not a reduced-exposure claim if the States. likely to be offered to, or purchased by, con- advertising or labeling that contains such (19) The term ‘‘human image’’ means any sumers as tobacco for making or assembling statement or representation also contains photograph, drawing, silhouette, statue, cigarettes, incorporation into pipes, or oth- the disclosure required by section 108(h) of model, video, likeness, or depiction of the erwise used by consumers to make any this Act. appearance of a human being, or the appear- smoking article. (39) The term ‘‘reduced-risk claim’’ means ance of any portion of the body of a human (31) The term ‘‘manufacture’’ means to de- a statement in advertising or labeling in- being. sign, manufacture, fabricate, assemble, proc- tended for one or more consumers of tobacco (20) The term ‘‘illicit tobacco product’’ ess, package, or repackage, label, or relabel, products, that a tobacco product provides to means any tobacco product intended for use import, or hold or store in a commercial users of that product a reduced risk of mor- by consumers in the United States— quantity, but does not include— bidity or mortality resulting from one or (A) as to which not all applicable duties or (A) the growing, curing, de-stemming, or more chronic diseases or serious adverse taxes have been paid in full; aging of tobacco; or health conditions associated with tobacco (B) that has been stolen, smuggled, or is (B) the holding, storing or transporting of use, as compared to an appropriate reference otherwise contraband; a tobacco product by a common carrier for tobacco product or category of tobacco prod- (C) that is counterfeit; or hire, a public warehouse, a testing labora- ucts, even if it is not stated, represented, or (D) that has or had a label, labeling, or tory, a distributor, or a retailer. implied that all health risks associated with packaging stating, or that stated, that the (32) The term ‘‘nicotine-containing prod- using that tobacco product have been re- product is or was for export only, or that it uct’’ means a product intended for human duced or eliminated. A statement or rep- is or was at any time restricted by section consumption, other than a tobacco product, resentation that a tobacco product or the to- 5704 of title 26, United States Code. that contains added nicotine, whether or not bacco in a tobacco product contains ‘‘no ad- (21) The term ‘‘illicit trade’’ means any in the form of a salt or solvate, that has ditives,’’ or is ‘‘natural,’’ or that uses a sub- transfer, distribution, or sale in interstate been— stantially similar term is not a reduced-risk commerce of any illicit tobacco product. (A) synthetically produced, or claim if the advertising or labeling that con- (22) The term ‘‘immediate container’’ does (B) obtained from tobacco or other source tains such statement or representation also not include package liners. of nicotine. contains the disclosure required by section (23) The term ‘‘Indian tribe’’ has the mean- (33) The term ‘‘outdoor advertising’’— 108(h). ing assigned that term in section 4(e) of the (A) except as provided in subparagraph (B), (40) The term ‘‘retailer’’ means any person Indian Self Determination and Education As- means— that— sistance Act (25 U.S.C. 450b(e)). (i) billboards; (A) sells tobacco products to individuals (24) The term ‘‘ingredient’’ means tobacco (ii) signs and placards in arenas, stadiums, for personal consumption; or and any substance added to tobacco to have shopping malls, and video game arcades (B) operates a facility where the sale of to- an effect in the final tobacco product or (whether any of such are open air or en- bacco products to individuals for personal when the final tobacco product is used by a closed), but not including any such sign or consumption is permitted. consumer. placard located in an adult-only facility; and (41) The term ‘‘sample’’ means a tobacco (25) The term ‘‘International Organization (iii) any other advertisements placed out- product distributed to members of the public for Standardization (ISO) testing regimen’’ doors; and at no cost for the purpose of promoting the

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.064 S03JNPT1 jbell on PROD1PC69 with SENATE S6058 CONGRESSIONAL RECORD — SENATE June 3, 2009 product, but excludes tobacco products dis- tended use, and includes tobacco products (1) determine the technological and eco- tributed— classified as cigarettes, loose tobacco for nomic ability of parties that would be re- (A) in conjunction with the sale of other roll-your-own tobacco products, little cigars, quired to comply with the regulation to com- tobacco products; cigars, pipe tobacco, moist snuff, dry snuff, ply with it; (B) for market research, medical or sci- chewing tobacco, and other forms of tobacco (2) consider experience gained under any entific study or testing, or teaching; products (which are treated in this Act col- relevantly similar regulations at the Federal (C) to persons employed in the trade; lectively as a single category). or State level; (D) to adult consumers in response to con- (50) The term ‘‘tobacco product commu- (3) determine the reasonableness of the re- sumer complaints; or nication’’ means any means, medium, or lationship between the costs of complying (E) to employees of the manufacturer of manner for providing information relating to with such regulation and the public health the tobacco product. any tobacco product, including face-to-face benefits to be achieved by such regulation; (42) The term ‘‘small business’’ means a to- interaction, mailings by postal service or (4) determine the reasonable likelihood of bacco product manufacturer that— courier to an individual who is an addressee, measurable and substantial reductions in (A) has 150 or fewer employees; and and electronic mail to an individual who is morbidity and mortality among individual (B) during the 3-year period prior to the an addressee. tobacco users; current calendar year, had an average an- (51) The term ‘‘tobacco product manufac- (5) determine the impact to United States nual gross revenue from tobacco products turer’’ means an entity that directly— tobacco producers and farm operations; that did not exceed $40,000,000. (A) manufactures anywhere a tobacco (6) determine the impact on the avail- (43) The term ‘‘smokeless tobacco product’’ product that is intended to be distributed ability and use of tobacco products by mi- means any form of finely cut, ground, pow- commercially in the United States, includ- nors; and dered, reconstituted, processed or shaped to- ing a tobacco product intended to be distrib- (7) determine the impact on illicit trade of bacco, leaf tobacco, or stem tobacco, wheth- uted commercially in the United States tobacco products. er or not combined with any other ingre- through an importer; (d) LIMITATION OF AUTHORITY.— dient, whether or not in extract or extracted (B) is the first purchaser for resale in the (1) IN GENERAL.—The provisions of this Act form, and whether or not incorporated with- United States of tobacco products manufac- shall not apply to tobacco leaf that is not in in any carrier or construct, that is intended tured outside the United States for distribu- the possession of a manufacturer of tobacco to be placed in the oral or nasal cavity, in- tion commercially in the United States; or products, or to the producers of tobacco leaf, cluding dry snuff, moist snuff, and chewing (C) is a successor or assign of any of the including tobacco growers, tobacco ware- tobacco. foregoing. houses, and tobacco grower cooperatives, nor (44) The term ‘‘smoking article’’ means (52) The term ‘‘toxicant’’ means a chemical shall any employee of the Center have any any tobacco-containing article that is in- or physical agent that produces an adverse authority to enter onto a farm owned by a tended, when used by a consumer, to be biological effect. producer of tobacco leaf without the written burned or otherwise to employ heat to (53) The term ‘‘transit advertisements’’ consent of such producer. produce a vapor, aerosol or smoke that— means advertising on or within private or (2) EXCEPTION.—Notwithstanding para- (A) incorporates components of tobacco or public vehicles and all advertisements placed graph (1), if a producer of tobacco leaf is also derived from tobacco; and at, on, or within any bus stop, taxi stand, a tobacco product manufacturer or con- (B) is intended to be inhaled by the user. transportation waiting area, train station, trolled by a tobacco product manufacturer, (45) The term ‘‘State’’ means any State of airport, or any similar location. the producer shall be subject to this Act in the United States and, except as otherwise (54) The term ‘‘tribal organization’’ has the the producer’s capacity as a manufacturer. specifically provided, includes any Indian meaning assigned that term in section 4(1) of The exception in this subparagraph shall not tribe or tribal organization, the District of the Indian Self Determination and Education apply to a producer of tobacco leaf who Columbia, the Commonwealth of Puerto Assistance Act (25 U.S.C. 450b(1)). grows tobacco under a contract with a to- Rico, Guam, the Virgin Islands, American (55) The term ‘‘United States’’ means the bacco product manufacturer and who is not Samoa, Wake Island, Midway Island, King- several States, as defined in this Act. otherwise engaged in the manufacturing man Reef, Johnston Atoll, the Northern process. Marianas, and any other trust territory or (56) The term ‘‘vending machine’’ means (3) RULE OF CONSTRUCTION.—Nothing in this possession of the United States. any mechanical, electric, or electronic self- Act shall be construed to grant the Adminis- (46) The term ‘‘tar’’ means nicotine-free service device that, upon insertion of money, trator authority to promulgate regulations dry particulate matter as defined in ISO 4387, tokens, or any other form of payment, auto- on any matter that involves the production entitled ‘‘Cigarettes—Determination of total matically dispenses tobacco products. of tobacco leaf or a producer thereof. and nicotine-free dry particulate matter (57) The term ‘‘video game arcade’’ means (e) RULEMAKING PROCEDURES.—Each rule- using a routine analytical smoking ma- an entertainment establishment primarily consisting of video games (other than video making under this Act shall be in accordance chine’’. with chapter 5 of title 5, United States Code. (47) The term ‘‘tobacco’’ means a tobacco games intended primarily for use by adults) or pinball machines. (f) CONSULTATION PRIOR TO RULEMAKING.— plant or any part of a harvested tobacco Prior to promulgating rules under this Act, plant intended for use in the production of a (58) The term ‘‘youth’’ means any indi- vidual who in not an adult. the Administrator shall endeavor to consult tobacco product, including leaf, lamina, with other Federal agencies as appropriate. stem, or stalk, whether in green, cured, or SEC. 101. CENTER AUTHORITY OVER TOBACCO PRODUCTS. SEC. 102. EXCLUSION OF OTHER REGULATORY aged form, whether in raw, treated, or proc- PROGRAMS. essed form, and whether or not combined (a) IN GENERAL.—Tobacco products, includ- ing modified risk tobacco products for which (a) EXCLUSION OF TOBACCO PRODUCTS AND with other materials, including any by-prod- NICOTINE-CONTAINING PRODUCTS FROM THE uct, extract, extracted pulp material, or any an order has been issued in accordance with section 117, shall be regulated by the Admin- FEDERAL FOOD, DRUG, AND COSMETIC ACT.— other material (other than purified nicotine) No tobacco product and no nicotine-con- derived from a tobacco plant or any compo- istrator under this Act. (b) APPLICABILITY.—This Act shall apply to taining product shall be regulated as a food, nent thereof, and including strip, filler, all cigarettes, cigarette tobacco, roll-your- drug, or device in accordance with section stem, powder, and granulated, blended, or re- own tobacco, and smokeless tobacco and to 201 (f), (g) or (h) or Chapter IV or V of the constituted forms of tobacco. any other tobacco products that the Admin- Federal Food, Drug, and Cosmetic Act, ex- (48) The term ‘‘tobacco product’’ means— istrator by regulation deems to be subject to cept that any tobacco product commercially (A) the singular of ‘‘tobacco products’’ as this Act. distributed domestically and any nicotine- defined in section 5702(c) of the Internal Rev- (c) CENTER.—The Secretary of Health and containing product commercially distributed enue Code of 1986; Human Services shall establish within the domestically shall be subject to Chapter V of (B) any other product that contains to- Department of Health and Human Services the Federal Food, Drug, and Cosmetic Act if bacco as a principal ingredient and that, be- the Tobacco Harm Reduction Center. The the manufacturer or a distributor of such cause of its appearance, type, or the tobacco head of the Center shall be an Adminis- product markets it with an explicit claim used in the product, or its packaging and la- trator, who shall assume the statutory au- that the product is intended for use in the beling, is likely to be offered to, or pur- thority conferred by this Act, perform the cure, mitigation, treatment, or prevention of chased by, consumers as a tobacco product functions that relate to the subject matter disease in man or other animals, within the as described in subparagraph (A); and of this Act, and have the authority to pro- meaning of section 201(g)(1)(C) or section (C) any form of tobacco or any construct mulgate regulations for the efficient enforce- 201(h)(2) of that Act. incorporating tobacco, intended for human ment of this Act. In promulgating any regu- (b) LIMITATION ON EFFECT OF THIS ACT.— consumption, whether by— lations under such authority, in whole or in Nothing in this Act shall be construed to— (i) placement in the oral or nasal cavity; part or any regulation that is likely to have (1) establish a precedent with regard to any (ii) inhalation of vapor, aerosol, or smoke; an annual effect on the economy of other industry, situation, circumstance, or or $50,000,000 or more or have a material ad- legal action; or (iii) any other means. verse effect on adult users of tobacco prod- (2) affect any action pending in any Fed- (49) The term ‘‘tobacco product category’’ ucts, tobacco product manufacturers, dis- eral, State, or Tribal court, or any agree- means a type of tobacco product character- tributors, or retailers, the Administrator ment, consent decree, or contract of any ized by its composition, components, and in- shall— kind.

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(c) EXCLUSIONS FROM AUTHORITY OF ADMIN- law upon any tobacco product manufacturer the label, labeling, or advertising, as applica- ISTRATOR.—The authority granted to the Ad- or distributor. ble) and in such terms as to render it reason- ministrator under this Act shall not apply (3) Paragraph (2) shall not apply to any re- ably likely to be read and understood by the to— quirement or prohibition imposed under ordinary individual under customary condi- (1) raw tobacco that is not in the posses- State or local law before the date of intro- tions of purchase and use; sion or control of a tobacco product manu- duction of the bill that was enacted as this (4) if any word, statement, or other infor- facturer; Act. mation is required by or under this Act to (2) raw tobacco that is grown for a tobacco SEC. 105. ADULTERATED TOBACCO PRODUCTS. appear on the label, unless such word, state- product manufacturer by a grower, and that A tobacco product shall be deemed to be ment, or other information also appears on is in the possession of that grower or of a adulterated— the outside container or wrapper, if any, of person that is not a tobacco product manu- (1) if it bears or contains any poisonous or the retail package of such tobacco product, facturer and is within the scope of subpara- deleterious substance other than— or is easily legible through the outside con- graphs (A) through(F) of paragraph (3); or (A) tobacco; tainer or wrapper; (3) the activities, materials, facilities, or (B) a substance naturally present in to- (5) if it was manufactured, prepared, or practices of persons that are not tobacco bacco; processed in an establishment not duly reg- product manufacturers and that are— (C) a pesticide or fungicide chemical res- istered under section 109, if it was not in- (A) producers of raw tobacco, including to- idue in or on tobacco if such pesticide or fun- cluded in a list required by section 109, or if bacco growers; gicide chemical is registered by the Environ- a notice or other information respecting it (B) tobacco warehouses, and other persons mental Protection Agency for use on tobacco was not provided as required by section 109; that receive raw tobacco from growers; in the United States; or (6) if its packaging, labeling, or advertising (C) tobacco grower cooperatives; (D) in the case of imported tobacco, a res- is in violation of this Act or of an applicable (D) persons that cure raw tobacco; idue of a pesticide or fungicide chemical regulation promulgated in accordance with (E) persons that process raw tobacco; and that— this Act; (F) persons that store raw tobacco for (i) is approved for use in the country of ori- (7) if it contains tobacco or another ingre- aging. gin of the tobacco; and dient as to which a required disclosure under (ii) has not been banned, and the registra- this Act was not made; If a producer of raw tobacco is also a tobacco (8) if it is labeled or advertised, or the to- tion of which has not been canceled, by the product manufacturer, an affiliate of a to- bacco contained in it is advertised, as— Environmental Protection Agency for use on bacco product manufacturer, or a person pro- (A) containing ‘‘no additives,’’ or any sub- tobacco in the United States) that may ducing raw tobacco for a tobacco product stantially similar term, unless the labeling render it injurious to health; but, in case the manufacturer, then that producer shall be or advertising, as applicable, also contains, substance is not an added substance, such to- subject to this Act only to the extent of that clearly and prominently, the following dis- bacco product shall not be considered adul- producer’s capacity as a tobacco product closure: ‘‘No additives in our tobacco does terated under this subsection if the quantity manufacturer. NOT mean safer.’’; or of such substance in such tobacco product SEC. 103. EXISTING FEDERAL STATUTES MAIN- (B) being ‘‘natural,’’ or any substantially does not ordinarily render it injurious to TAINED. similar term, unless the labeling or adver- health; Except as amended or repealed by this Act, tising, as applicable, also contains, clearly (2) if there is significant scientific agree- all Federal statutes in effect as of the effec- and prominently, the following disclosure: ment that, as a result of the tobacco it con- tive date of this Act that regulate tobacco, ‘‘Natural does NOT mean safer.’’; tains, the tobacco product presents a risk to tobacco products, or tobacco product manu- (9) if in its labeling or advertising a term human health that is materially higher than facturers shall remain in full force and ef- descriptive of the tobacco in the tobacco the risk presented by— fect. Such statutes include, without limita- product is used otherwise than in accordance (A) such product on the effective date of tion— with a sanction or approval granted by a this Act; or (1) the Federal Cigarette Labeling and Ad- Federal agency; (B) if such product was not distributed vertising Act, sections 1331–1340 of title 15, (10) if with respect to such tobacco product commercially domestically on that date, by United States Code, except that section 1335 a disclosure required by section 603 was not comparable tobacco products of the same of title 15, United States Code, is repealed; made; style and within the same category that (2) the Comprehensive Smokeless Tobacco (11) if with respect to such tobacco product were commercially distributed domestically Health Education Act of 1986, sections 4401– a certification required by section 803 was on that date; 4408 of title 15, United States Code, except not submitted or is materially false or mis- (3) if it has been prepared, packed, or held that section 4402(f) of title 15, United States leading; or under unsanitary conditions whereby it may Code, is repealed; (12) if its manufacturer or distributor made have become contaminated with filth; (3) section 300x–26 of title 42, United States with respect to it a claim prohibited by sec- (4) if its package is composed, in whole or Code; and tion 115. (4) those statutes authorizing regulation of in part, of any poisonous or deleterious sub- stance that may render the contents inju- SEC. 107. SUBMISSION OF HEALTH INFORMATION tobacco, tobacco products, or tobacco prod- TO THE ADMINISTRATOR. rious to health; or uct manufacturers by the Federal Trade (a) REQUIREMENT.—Each tobacco product Commission, the Department of Agriculture, (5) if its ‘‘tar’’ yield is in violation of sec- manufacturer or importer, or agents thereof, the Environmental Protection Agency, the tion 111. shall submit to the Administrator the fol- Internal Revenue Service, and the Alcohol SEC. 106. MISBRANDED TOBACCO PRODUCTS. lowing information: and Tobacco Tax and Trade Bureau of the A tobacco product shall be deemed to be (1) Not later than 18 months after the date Department of the Treasury. misbranded— of enactment of the Act, a listing of all in- SEC. 104. PROCEEDINGS IN THE NAME OF THE (1) if its labeling is false or misleading in gredients, including tobacco, substances, UNITED STATES; SUBPOENAS; PRE- any particular; compounds, and additives that are, as of EMPTION OF STATE AND LOCAL (2) if in package form unless it bears a such date, added by the manufacturer to the LAW; NO PRIVATE RIGHT OF ACTION. label containing— tobacco, paper, filter, or other part of each In furtherance of this Act: (A) an identification of the type of product tobacco product by brand and by quantity in (1) All proceedings for the enforcement, or it is, by the common or usual name of such each brand and brand style. to restrain violations, of this Act shall be by type of product; (2) A description of the content, delivery, and in the name of the United States. Sub- (B) an accurate statement of the quantity and form of nicotine in each tobacco product poenas for witnesses who are required to at- of the contents in the package in terms of measured in milligrams of nicotine in ac- tend a court of the United States, in any dis- weight, measure, or numerical count, except cordance with regulations promulgated by trict, may run into any other district in any that reasonable variations shall be per- the Administrator in accordance with sec- proceeding under this section. No State, or mitted, and exemptions as to small packages tion 4(e) of the Federal Cigarette Labeling political subdivision thereof, may proceed or shall be established by regulations promul- and Advertising Act. intervene in any Federal or State court gated by the Administrator; (3) Beginning 4 years after the date of en- under this Act or under any regulation pro- (C) the name and place of business of the actment of this Act, a listing of all constitu- mulgated under it, or allege any violation tobacco product manufacturer, packer, or ents, including smoke constituents as appli- thereof except a violation by the Adminis- distributor; and cable, identified by the Administrator as trator. Nothing in this Act shall be con- (D) the information required by section harmful to health in each tobacco product, strued to create a right of action by any pri- 201(c) and (e) or section 202(c) and (e), as ap- and as applicable in the smoke of each to- vate person for any violation of any provi- plicable; bacco product, by brand and by quantity in sion of this Act or of any regulation promul- (3) if any word, statement, or other infor- each brand and subbrand. gated under it. mation required by or under authority of (b) DATA SUBMISSION.—At the request of (2) With respect to any subject matter ad- this Act to appear on the label, labeling, or the Administrator, each tobacco product dressed by this Act or by any regulation pro- advertising is not prominently placed there- manufacturer or importer of tobacco prod- mulgated under it, no requirement or prohi- on with such conspicuousness (as compared ucts, or agents thereof, shall submit the fol- bition shall be imposed under State or local with other words, statements, or designs on lowing:

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(1) Any or all documents (including under- (d) REGISTRATION OF FOREIGN ESTABLISH- import into the United States, and that such lying scientific information) relating to re- MENTS.— person has not included in any list of to- search activities, and research findings, con- (1) Commencing one year after enactment bacco products filed by such person with the ducted, supported, or possessed by the manu- of this Act, on or before December 31 of each Administrator under this paragraph or para- facturer (or agents thereof) on the health, year, the person that, within any foreign graph (2) before such time of registration. toxicological, or physiologic effects of to- country, owns or operates any establishment Such list shall be prepared in such form and bacco products and their constituents (in- engaged in the manufacture, preparation, or manner as the Administrator may prescribe, cluding smoke constituents), ingredients, processing of a tobacco product that is im- and shall be accompanied by the label for components, and additives. ported or offered for import into the United each such brand style and a representative (2) Any or all documents (including under- States shall, through electronic means or sampling of any other labeling and adver- lying scientific information) relating to re- other means permitted by the Adminis- tising for each; search activities, and research findings, con- trator, register with the Administrator the (2) Each person that registers with the Ad- ducted, supported, or possessed by the manu- name and place of business of each such es- ministrator under this section shall report facturer (or agents thereof) that relate to tablishment, the name of the United States to the Administrator each August for the the issue of whether a significant reduction agent for the establishment, and the name of preceding six-month period from January in risk to health from tobacco products can each importer of such tobacco product in the through June, and each February for the pre- occur upon the employment of technology United States that is known to such person. ceding six-month period form July through available to the manufacturer. (2) Such person also shall provide the infor- December, following information: An importer of a tobacco product not manu- mation required by subsection (j), including (A) A list of each brand style introduced by factured in the United States shall supply sales made by mail, or through the Internet, the registrant for commercial distribution the information required of a tobacco prod- or other electronic means. domestically or for import into the United uct manufacturer under this subsection. (3) The Administrator is authorized to States that has not been included in any list (c) DATA LIST.— enter into cooperative arrangements with of- previously filed by such registrant with the (1) IN GENERAL.—Not later than 4 years ficials of foreign countries to ensure that Administrator under this subparagraph or after the date of enactment of the Act, and adequate and effective means are available paragraph (1). A list under this subparagraph annually thereafter, the Administrator shall for purposes of determining, from time to shall list a brand style by the common or publish in a format that is understandable time, whether tobacco products manufac- usual name of the tobacco product category and not misleading to a lay person, and place tured, prepared, or processed by an establish- to which it belongs and by any proprietary on public display (in a manner determined by ment described in paragraph (1), if imported name, and shall be accompanied by the other the Administrator) the list established under or offered for import into the United States, information required by paragraph (1). subsection (d). shall be refused admission on any of the (B) If since the date the registrant last (2) CONSUMER RESEARCH.—The Adminis- grounds set forth in section 708. made a report under this paragraph (or if trator shall conduct periodic consumer re- (e) ADDITIONAL ESTABLISHMENTS.—Every such registrant has not previously made a search to ensure that the list published person duly registered in accordance with report under this paragraph, since the effec- under paragraph (1) is not misleading to lay the foregoing subsections of this section tive date of this Act) such registrant has dis- persons. Not later than 5 years after the date shall immediately register with the Admin- continued the manufacture, preparation, or of enactment of the Act, the Administrator istrator any additional establishment that it processing for commercial distribution do- shall submit to the appropriate committees owns or operates and in which it begins the mestically or for import into the United of Congress a report on the results of such manufacture, preparation, or processing of a States of a brand style included in a list filed research, together with recommendations on tobacco product or products for commercial by such registrant under subparagraph (A) or whether such publication should be contin- distribution domestically or for import into paragraph (1), notice of such discontinuance, ued or modified. the United States. the date of such discontinuance, and the (d) DATA COLLECTION.—Not later than 36 (f) EXCLUSIONS FROM APPLICATION OF THIS identity (by the common or usual name of months after the date of enactment of this SECTION.—The foregoing subsections of this the tobacco product category to which it be- Act, the Administrator shall establish, and section shall not apply to— longs and by any proprietary name) of such periodically revise as appropriate, a list of (1) persons that manufacture, prepare, or tobacco product. harmful constituents, including smoke con- process tobacco products solely for use in re- (C) If, since the date the registrant re- stituents, to health in each tobacco product search, teaching, chemical or biological ported pursuant to subparagraph (B) a notice by brand and by quantity in each brand and analysis, or export; or of discontinuance of a tobacco product, the subbrand. (2) such other classes of persons as the Ad- registrant has resumed the manufacture, SEC. 108. REGISTRATION AND LISTING. ministrator may by regulation exempt from preparation, or processing for commercial (a) DEFINITIONS.—As used in this section: the application of this section upon a finding distribution domestically or for import into (1) The term ‘‘manufacture, preparation, or that registration by such classes of persons the United States of that brand style, notice processing’’ shall include repackaging or in accordance with this section is not nec- of such resumption, the date of such resump- otherwise changing the container, wrapper, essary for the protection of the public tion, the identity of such brand style (by the or label of any tobacco product package health. common or usual name of the tobacco prod- (g) INSPECTION OF PREMISES.—Every estab- other than the carton in furtherance of the uct category to which it belongs and by any lishment registered with the Administrator distribution of the tobacco product from the proprietary name), and the other informa- pursuant to this section shall be subject to original place of manufacture to the person tion required by paragraph (1), unless the inspection pursuant to section 706; and every that makes final delivery or sale to the ulti- registrant has previously reported such re- such establishment engaged in the manufac- mate consumer or user, but shall not include sumption to the Administrator pursuant to ture, preparation, or processing of a tobacco the addition of a tax marking or other mark- this subparagraph. product or products shall be so inspected by ing required by law to an already packaged (D) Any material change in any informa- one or more officers or employees duly des- tobacco product. tion previously submitted pursuant to this (2) The term ‘‘name’’ shall include in the ignated by the Administrator at least once in the two-year period beginning with the paragraph (2) or paragraph (1). case of a partnership the name of the general (i) ELECTRONIC REGISTRATION.—Registra- partner and, in the case of a privately held date of registration of such establishment pursuant to this section and at least once in tions under subsections (b), (c), (d), and (e) corporation, the name of the chief executive (including the submission of updated infor- officer of the corporation and the State of in- every successive two-year period thereafter, except that inspection of establishments out- mation) shall be submitted to the Adminis- corporation. trator by electronic means, unless the Ad- (b) ANNUAL REGISTRATION.—Commencing side the United States may be conducted by other personnel pursuant to a cooperative ministrator grants a request for waiver of one year after enactment, on or before De- such requirement because use of electronic cember 31 of each year, every person that arrangement under subsection (d)(3). means is not reasonable for the person re- owns or operates any establishment in any (h) FILING OF LISTS OF TOBACCO PRODUCTS questing such waiver. State engaged in the manufacture, prepara- MANUFACTURED, PREPARED, OR PROCESSED BY tion, or processing of a tobacco product or REGISTRANTS; STATEMENTS; ACCOMPANYING SEC. 109. GENERAL PROVISIONS RESPECTING products for commercial distribution domes- DISCLOSURES.— CONTROL OF TOBACCO PRODUCTS. tically shall register with the Administrator (1) Every person that registers with the (a) IN GENERAL.—Any requirement estab- its name, places of business, and all such es- Administrator under subsection (b), (c), (d), lished by or under section 106, 107, or 113 ap- tablishments. or (e) shall, at the time of registration under plicable to a tobacco product shall apply to (c) NEW PRODUCERS.—Every person upon any such subsection, file with the Adminis- such tobacco product until the applicability first engaging, for commercial distribution trator a list of all brand styles (with each of the requirement to the tobacco product domestically, in the manufacture, prepara- brand style in each list listed by the common has been changed by action taken under sec- tion, or processing of a tobacco product or or usual name of the tobacco product cat- tion 111, section 114, section 115, or sub- products in any establishment that it owns egory to which it belongs and by any propri- section (d) of this section, and any require- or operates in any State shall immediately etary name) that are being manufactured, ment established by or under section 106, 107, register with the Administrator its name, prepared, or processed by such person for or 113 which is inconsistent with a require- places of business, and such establishment. commercial distribution domestically or for ment imposed on such tobacco product under

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.064 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6061 section 111, section 114, section 115, or sub- (i) before promulgating any regulation detected in foreign-grown tobacco even section (d) of this section shall not apply to under subparagraph (A), afford the Tobacco where the farmer has not knowingly added such tobacco product. Products Scientific Advisory Committee an such pesticide. (b) INFORMATION ON PUBLIC ACCESS AND opportunity to submit recommendations (2) EXEMPTIONS; VARIANCES.— COMMENT.—Each notice of proposed rule- with respect to the regulation proposed to be (A) PETITION.—Any person subject to any making or other notification under section promulgated; requirement prescribed under paragraph (1) 111, 112, 113, 114, or 115 or under this section, (ii) before promulgating any regulation may petition the Administrator for a perma- any other notice which is published in the under subparagraph (A), afford opportunity nent or temporary exemption or variance Federal Register with respect to any other for an oral hearing; from such requirement. Such a petition shall action taken under any such section and (iii) provide the Tobacco Products Sci- be submitted to the Administrator in such which states the reasons for such action, and entific Advisory Committee a reasonable form and manner as the Administrator shall each publication of findings required to be time to make its recommendation with re- prescribe and shall— made in connection with rulemaking under spect to proposed regulations under subpara- (i) in the case of a petition for an exemp- any such section shall set forth— graph (A); and tion from a requirement, set forth the basis (1) the manner in which interested persons (iv) in establishing the effective date of a for the petitioner’s determination that com- may examine data and other information on regulation promulgated under this sub- pliance with the requirement is not required which the notice or findings is based; and section, take into account the differences in to assure that the tobacco product will be in (2) the period within which interested per- the manner in which the different types of compliance with this Act; sons may present their comments on the no- tobacco products have historically been pro- (ii) in the case of a petition for a variance tice or findings (including the need there- duced, the financial resources of the dif- from a requirement, set forth the methods fore) orally or in writing, which period shall ferent tobacco product manufacturers, and proposed to be used in, and the facilities and be at least 60 days but may not exceed 90 the state of their existing manufacturing fa- controls proposed to be used for, the manu- days unless the time is extended by the Ad- cilities, and shall provide for a reasonable facture, packing, and storage of the tobacco ministrator by a notice published in the Fed- period of time for such manufacturers to product in lieu of the methods, facilities, and eral Register stating good cause therefore. conform to good manufacturing practices controls prescribed by the requirement; and (c) LIMITED CONFIDENTIALITY OF INFORMA- but no earlier than four years from date of (iii) contain such other information as the TION.—Any information reported to or other- enactment. Administrator shall prescribe. wise obtained by the Administrator or the (C) ADDITIONAL SPECIAL RULE.—A tobacco (B) REFERRAL TO THE TOBACCO PRODUCTS Administrator’s representative under section product manufactured in or imported into SCIENTIFIC ADVISORY COMMITTEE.—The Ad- 107, 108, 111, 112, 113, 114, 115, or 504, or under the United States shall not contain foreign- ministrator may refer to the Tobacco Prod- subsection (e) or (f) of this section, which is grown flue-cured or burley tobacco that— ucts Scientific Advisory Committee any pe- exempt from disclosure under subsection (a) (i) was knowingly grown or processed using tition submitted under subparagraph (A). of section 552 of title 5, United States Code, a pesticide chemical that is not approved The Tobacco Products Scientific Advisory by reason of subsection (b)(4) of that section under applicable Federal law for use in do- Committee shall report its recommendations shall be considered confidential and shall not mestic tobacco farming and processing; or to the Administrator with respect to a peti- be disclosed, except that the information tion referred to it within 60 days after the (ii) in the case of a pesticide chemical that may be disclosed to other officers or employ- date of the petition’s referral. Within 60 days is so approved, was grown or processed using ees concerned with carrying out this Act, or after— the pesticide chemical in a manner incon- when relevant in any proceeding under this (i) the date the petition was submitted to sistent with the approved labeling for use of Act. the Administrator under subparagraph (A); the pesticide chemical in domestic tobacco (d) RESTRICTIONS.— or farming and processing. (1) IN GENERAL.—The Administrator may (ii) the day after the petition was referred (D) EXCLUSION.—Subparagraph (C)(ii) shall issue regulations, consistent with this Act, to the Tobacco Products Scientific Advisory not apply to tobacco products manufactured regarding tobacco products if the Adminis- Committee, with foreign-grown flue-cured or burley to- trator determines that such regulation whichever occurs later, the Administrator would be appropriate for the protection of bacco so long as that foreign grown tobacco was either— shall by order either deny the petition or ap- the public health. The finding as to whether prove it. such regulation would be appropriate for the (i) in the inventory of a manufacturer prior to the effective date, or (C) APPROVAL.—The Administrator may protection of the public health shall be de- approve— termined with respect to the risks and bene- (ii) planted by the farmer prior to the ef- fective date of this Act and utilized by the (i) a petition for an exemption for a to- fits to the users of the tobacco product, and bacco product from a requirement if the Ad- taking into account that the standard is rea- manufacturer no later than 3 years after the effective date. ministrator determines that compliance sonably likely to result in measurable and with such requirement is not required to as- (E) SETTING OF MAXIMUM RESIDUE LIMITS.— substantial reductions in morbidly and mor- sure that the tobacco product will be in com- tality among individual tobacco users. The Administrator shall adopt the following pesticide residue standards: pliance with this Act; and (2) LABEL STATEMENTS.—The label of a to- (ii) a petition for a variance for a tobacco bacco product shall bear such appropriate Pesticide residue standards The maximum concentration of residues of product from a requirement if the Adminis- statements of the restrictions required by a the following pesticides allowed in flue-cured trator determines that the methods to be regulation under subsection (a) as the Ad- or burley tobacco, expressed as parts by used in, and the facilities and controls to be ministrator may in such regulation pre- weight of the residue per one million parts used for, the manufacture, packing, and stor- scribe. age of the tobacco product in lieu of the (e) GOOD MANUFACTURING PRACTICE RE- by weight of the tobacco (PPM) are: CHLORDANE.....3.0 methods, facilities, and controls prescribed QUIREMENTS.— DIBROMOCHLOROPROPANE by the requirement are sufficient to assure (1) METHODS, FACILITIES, AND CONTROLS TO (DBCP).....1.0 that the tobacco product will be in compli- CONFORM.— DICAMBA (Temporary).... 5.0 ance with this Act. (A) IN GENERAL.—In applying manufac- ENDRIN....0.1 (D) CONDITIONS.—An order of the Adminis- turing restrictions to tobacco, the Adminis- ETHYLENE DIBROMIDE (EDB)....0.1 trator approving a petition for a variance trator shall, in accordance with subpara- FORMOTHION.....0.5 shall prescribe such conditions respecting graph (B), prescribe regulations (which may HEXACHLOROBENZENE (HCB)....0.1 the methods used in, and the facilities and differ based on the type of tobacco product METHOXYCHLOR.....0.1 controls used for, the manufacture, packing, involved) requiring that the methods used in, TOXAPHENE.....0.3 and storage of the tobacco product to be and the facilities and controls used for, the 2,4-D (Temporary).....5.0 granted the variance under the petition as manufacture, preproduction design valida- 2,4,5-T.....0.1 may be necessary to assure that the tobacco tion (including a process to assess the per- Sum of ALDRIN and DIELDRIN.....0.1 product will be in compliance with this Act. formance of a tobacco product), packing, and Sum of CYPERMETHRIN and (E) HEARING.—After the issuance of an storage of a tobacco product conform to cur- PERMETHRIN (Temporary).....3.0 order under subparagraph (B) respecting a rent good manufacturing practice, or hazard Sum of DDT, TDE (DDD), and DDE .....0.4 petition, the petitioner shall have an oppor- analysis and critical control point method- Sum of HEPTACHLOR and HEPTACHLOR tunity for an informal hearing on such order. ology, as prescribed in such regulations to EPOXIDE.....0.1 (3) COMPLIANCE.—Compliance with require- assure that the public health is protected (F) MAXIMUM RESIDUE LIMITS.—The Admin- ments under this subsection shall not be re- and that the tobacco product is in compli- istrator shall adopt regulations within one quired before the end of the 3-year period fol- ance with this Act. Such regulations may year of the effective date of this Act to es- lowing the date of enactment of this Act. provide for the testing of raw tobacco for tablish maximum residue limits for pes- (f) RESEARCH AND DEVELOPMENT.—The Ad- pesticide chemical residues after a tolerance ticides identified under subparagraph (E) but ministrator may enter into contracts for re- for such chemical residues has been estab- not included in the table of such subpara- search, testing, and demonstrations respect- lished. graph to account for the fact that weather ing tobacco products and may obtain tobacco (B) REQUIREMENTS.—The Administrator and agronomic conditions will cause pes- products for research, testing, and dem- shall— ticides identified in subparagraph (E) to be onstration purposes.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE S6062 CONGRESSIONAL RECORD — SENATE June 3, 2009 SEC. 110. SMOKING ARTICLE STANDARDS. lished under this section for a smoking arti- risks of harm to smokers, the Administrator (a) IN GENERAL.— cle— shall issue an order that— (1) RESTRICTIONS ON DESCRIPTORS USED IN (A) may include provisions that are appro- (i) provides that no cigarette manufacturer MARKETING OF CIGARETTES.— priate for the protection of the public health, shall manufacture for commercial distribu- (A) IN GENERAL.—Except as provided in including provisions, where appropriate— tion domestically a cigarette that generates subparagraph (B), no person shall use, with (i) for ‘‘tar’’ and nicotine yields of the a ‘‘tar’’ yield that exceeds 14 milligrams as respect to any cigarette brand style commer- product; determined by the ISO smoking regimen and cially distributed domestically, on the por- (ii) for the reduction of other constituents, its associated tolerances; and tion of the package of such cigarette brand including smoke constituents, or harmful (ii) provides a reasonable time for manu- style that customarily is visible to con- components of the product; or facturers to come into compliance with such sumers before purchase, or in advertising of (iii) relating to any other requirement prohibition. such cigarette brand style any of the fol- under subparagraph (B); and (6) INVOLVEMENT OF OTHER AGENCIES; IN- lowing as a descriptor of any cigarette brand (B) may, where appropriate for the protec- FORMED PERSONS.—In carrying out duties style— tion of the public health, include— under this section, the Administrator shall (i) the name of any candy or fruit; (i) provisions respecting the construction, endeavor to— (ii) the word ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ components, ingredients, additives, constitu- (A) use personnel, facilities, and other ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or ents, including smoke constituents, and technical support available in other Federal ‘‘tart,’’; or properties of the smoking article; agencies; (iii) any extension or variation of any of (B) consult with other Federal agencies (ii) provisions for the testing (on a sample the words ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ concerned with standard setting and other basis or, if necessary, on an individual basis) ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or nationally or internationally recognized of the smoking article; ‘‘tart,’’ including but not limited to standard-setting entities; and (iii) provisions for the measurement of the ‘‘creamy,’’ or ‘‘fruity.’’ (C) invite appropriate participation, smoking article characteristics of the smok- (B) LIMITATION.—Subparagraph (A) shall through joint or other conferences, work- ing article; and not apply to the use of the following words shops, or other means, by informed persons (iv) provisions requiring that the results of or to any extension or variation of any of representative of scientific, professional, in- them: ‘‘clove’’ and ‘‘menthol’’. each or of certain of the tests of the smoking dustry, agricultural, or consumer organiza- (C) SCENTED MATERIALS.—No person shall article required to be made under clause (ii) tions who in the Administrator’s judgment use, in the advertising or labeling of any cig- show that the smoking article is in con- can make a significant contribution. arette commercially distributed domesti- formity with the portions of the standard for (b) CONSIDERATIONS BY ADMINISTRATOR.— cally, any scented materials, except in an which the test or tests were required. (1) TECHNICAL ACHIEVABILITY.—The Admin- adult-only facility. (4) PERIODIC REEVALUATION OF SMOKING AR- istrator shall consider information sub- (D) DEFINITIONS.—In this section: TICLE STANDARDS.—The Administrator may mitted in connection with a proposed stand- (i) The term ‘‘candy’’ means a confection provide for periodic evaluation of smoking ard regarding the technical achievability of made from sugar or sugar substitute, includ- article standards established under this sec- compliance with such standard. ing any confection identified generically or tion to determine whether such standards (2) OTHER CONSIDERATIONS.—The Adminis- by brand, and shall include the words should be changed to reflect new medical, trator shall consider all other information ‘‘cacao,’’ ‘‘chocolate,’’ ‘‘cinnamon,’’ ‘‘cocoa,’’ scientific, or other technological data. submitted in connection with a proposed ‘‘honey,’’ ‘‘licorice,’’ ‘‘maple,’’ ‘‘mocha,’’ and (5) CIGARETTE ‘‘TAR’’ LIMITS.— standard, such as the creation of a signifi- ‘‘vanilla.’’ (A) NO INCREASE IN ‘‘TAR’’ YIELDS.—No cig- cant demand for contraband or other tobacco (ii) The term ‘‘fruit’’ means any fruit iden- arette manufacturer shall distribute for sale products that do not meet the requirements tified by generic name, type, or variety, in- domestically a brand style of cigarettes that of this Act and the significance of such de- cluding but not limited to ‘‘apple,’’ ‘‘ba- generates a ‘‘tar’’ yield greater than the mand. nana,’’ ‘‘cherry,’’ and ‘‘orange.’’ The term ‘‘tar’’ yield of that brand style of cigarettes (c) PROPOSED STANDARDS.— ‘‘fruit’’ does not include words that identify on the date of introduction of this Act, as de- (1) IN GENERAL.—The Administrator shall seeds, nuts or peppers, or types or varieties termined by the ISO smoking regimen and publish in the Federal Register a notice of thereof or words that are extensions or vari- its associated tolerances. The ‘‘tar’’ toler- proposed rulemaking for the establishment, ations of such words. ances for cigarettes with ISO ‘‘tar’’ yields in amendment, or revocation of any smoking (2) SMOKING ARTICLE STANDARDS.— the range of 1 to 20 milligrams per cigarette, article standard. (A) IN GENERAL.—The Administrator may based on variations arising from sampling (2) REQUIREMENTS OF NOTICE.—A notice of adopt smoking article standards in addition procedure, test method, and sampled prod- proposed rulemaking for the establishment to those in paragraph (1) if the Adminis- uct, itself, are the greater of plus or minus— or amendment of a smoking article standard trator finds that a smoking article standard (i) 15 percent; or shall— is appropriate for the protection of the pub- (ii) 1 milligram per cigarette. (A) set forth a finding with supporting jus- lic health. (B) LIMIT ON NEW CIGARETTES.—After the tification that the smoking article standard (B) DETERMINATIONS.— effective date of this Act, no cigarette manu- is appropriate for the protection of the pub- (i) CONSIDERATIONS.—In making a finding facturer shall manufacture for commercial lic health; described in subparagraph (A), the Adminis- distribution domestically a brand style of (B) invite interested persons to submit a trator shall consider scientific evidence con- cigarettes that both— draft or proposed smoking article standard cerning— (i) was not in commercial distribution do- for consideration by the Administrator; (I) the risks and benefits to the users of mestically on the effective date of this Act, (C) invite interested persons to submit smoking articles of the proposed standard; and comments on structuring the standard so and (ii) generates a ‘‘tar’’ yield of greater than that it does not advantage foreign-grown to- (II) that the standard is reasonably likely 20 milligrams per cigarette as determined by bacco over domestically grown tobacco; and to result in measurable and substantial re- the ISO smoking regimen and its associated (D) invite the Secretary of Agriculture to ductions in morbidity and mortality among tolerances. provide any information or analysis which individual tobacco users. (C) LIMIT ON ALL CIGARETTES.—After De- the Secretary of Agriculture believes is rel- (ii) ADDITIONAL CONSIDERATIONS.—In the cember 31, 2010, no cigarette manufacturer evant to the proposed smoking article stand- event that the Administrator makes a deter- shall manufacture for commercial distribu- ard. mination, set forth in a proposed smoking tion domestically a brand style of cigarettes (3) FINDING.—A notice of proposed rule- article standard in a proposed rule, that it is that generates a ‘‘tar’’ yield greater than 20 making for the revocation of a smoking arti- appropriate for the protection of public milligrams per cigarette as determined by cle standard shall set forth a finding with health to require the reduction or elimi- the ISO smoking regimen and its associated supporting justification that the smoking ar- nation of an additive, constituent (including tolerances. ticle standard is no longer appropriate for a smoke constituent), or other component of (D) REVIEW BY ADMINISTRATOR.—After the the protection of the public health. a smoking article because the Administrator effective date of this Act, the Administrator (4) COMMENT.—The Administrator shall has found that the additive, constituent, or shall evaluate the available scientific evi- provide for a comment period of not less other component is harmful, any party ob- dence addressing the potential relationship than 90 days. jecting to the proposed standard on the between historical ‘‘tar’’ yield values and (d) PROMULGATION.— ground that the proposed standard will not risk of harm to smokers. If upon a review of (1) IN GENERAL.—After the expiration of the reduce or eliminate the risk of illness or in- that evidence, and after consultation with period for comment on a notice of proposed jury may provide for the Administrator’s technical experts of the Tobacco Harm Re- rulemaking published under subsection (c) consideration scientific evidence that dem- duction Center and the Centers for Disease respecting a standard and after consider- onstrates that the proposed standard will Control and Prevention and notice and an ation of comments submitted under sub- not reduce or eliminate the risk of illness or opportunity for public comment, the Admin- sections (b) and (c) and any report from the injury. istrator determines, that a reduction in Tobacco Products Scientific Advisory Com- (3) CONTENT OF SMOKING ARTICLE STAND- ‘‘tar’’ yield may reasonably be expected to mittee, if the Administrator determines that ARDS.—A smoking article standard estab- provide a meaningful reduction of the risk or the standard would be appropriate for the

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6063 protection of the public health, the Adminis- which requires the exercise of scientific uct) to immediately cease distribution of trator shall— judgment. such tobacco product. The order shall pro- (A) promulgate a regulation establishing a (B) INITIATION OF REFERRAL.—The Adminis- vide the person subject to the order with an smoking article standard and publish in the trator shall make a referral under this para- opportunity for an informal hearing, to be Federal Register findings on the matters re- graph— held not later than 10 days after the date of ferred to in subsection (c); or (i) on the Administrator’s own initiative; the issuance of the order, on the actions re- (B) publish a notice terminating the pro- or quired by the order and on whether the order ceeding for the development of the standard (ii) upon the request of an interested per- should be amended to require a recall of such together with the reasons for such termi- son that— tobacco product. If, after providing an oppor- nation. (I) demonstrates good cause for the refer- tunity for such a hearing, the Administrator (2) EFFECTIVE DATE.—A regulation estab- ral; and determines that inadequate grounds exist to lishing a smoking article standard shall set (II) is made before the expiration of the pe- support the actions required by the order, forth the date or dates upon which the stand- riod for submission of comments on the pro- the Administrator shall vacate the order. ard shall take effect, but no such regulation posed regulation. (2) AMENDMENT OF ORDER TO REQUIRE RE- may take effect before 1 year after the date (C) PROVISION OF DATA.—If a proposed regu- CALL.— of its publication unless the Administrator lation is referred under this paragraph to the (A) IN GENERAL.—If, after providing an op- determines that an earlier effective date is Tobacco Products Scientific Advisory Com- portunity for an informal hearing under necessary for the protection of the public mittee, the Administrator shall provide the paragraph (1), the Administrator determines health. Such date or dates shall be estab- Advisory Committee with the data and infor- that the order should be amended to include lished so as to minimize, consistent with the mation on which such proposed regulation is a recall of the tobacco product with respect public health, economic loss to, and disrup- based. to which the order was issued, the Adminis- tion or dislocation of, domestic and inter- (D) REPORT AND RECOMMENDATION.—The trator shall, except as provided in subpara- national trade. In establishing such effective Tobacco Products Scientific Advisory Com- graph (B), amend the order to require a re- date or dates, the Administrator shall con- mittee shall, within 90 days after the referral call. The Administrator shall specify a time- sider information submitted in connection of a proposed regulation under this para- table in which the tobacco product recall with a proposed product standard by inter- graph and after independent study of the will occur and shall require periodic reports ested parties, including manufacturers and data and information furnished to it by the to the Administrator describing the progress tobacco growers, regarding the technical Administrator and other data and informa- of the recall. achievability of compliance with the stand- tion before it, submit to the Administrator a (B) NOTICE.—An amended order under sub- ard, and including information concerning report and recommendation respecting such paragraph (A)— the existence of patents that make it impos- regulation, together with all underlying data (i) shall not include recall of a tobacco sible to comply in the timeframe envisioned and information and a statement of the rea- product from individuals; and in the proposed standard. son or basis for the recommendation. (ii) shall provide for notice to persons sub- (3) LIMITATION ON POWER GRANTED.—Be- (E) PUBLIC AVAILABILITY.—The Adminis- ject to the risks associated with the use of cause of the importance of a decision of the trator shall make a copy of each report and such tobacco product. Administrator to issue a regulation— recommendation under subparagraph (D) In providing the notice required by clause (A) banning cigarettes, smokeless smoking publicly available. (ii), the Administrator may use the assist- articles, little cigars, cigars other than little SEC. 111. NOTIFICATION AND OTHER REMEDIES. ance of retailers and other persons who dis- cigars, pipe tobacco, or roll-your-own smok- (a) NOTIFICATION.—If the Administrator de- tributed such tobacco product. If a signifi- ing articles; termines that— cant number of such persons cannot be iden- (B) requiring the reduction of ‘‘tar’’ or nic- (1) a tobacco product which is introduced tified, the Administrator shall notify such otine yields of a smoking article to zero; or delivered for introduction into interstate persons under section 705(b). (C) prohibiting the sale of any smoking ar- commerce for commercial distribution pre- (3) REMEDY NOT EXCLUSIVE.—The remedy ticle in face-to-face transactions by a spe- sents an unreasonable risk of substantial provided by this subsection shall be in addi- cific category of retail outlets; harm materially above the risk for death and tion to remedies provided by subsection (a). (D) establishing a minimum age of sale of disease of tobacco products currently in SEC. 112. RECORDS AND REPORTS ON TOBACCO smoking articles to any person older than 18 interstate commerce, to the public health; PRODUCTS. years of age; or and Every person who is a tobacco product (E) requiring that the sale or distribution (2) notification under this subsection is manufacturer or importer of a tobacco prod- of a smoking article be limited to the writ- necessary to eliminate the unreasonable risk uct shall establish and maintain such ten or oral authorization of a practitioner li- of such harm and no more practicable means records, make such reports, and provide such censed by law to prescribe medical products, is available under the provisions of this Act information, as the Administrator may by the Administrator is prohibited from taking (other than this section) to eliminate such regulation reasonably require to assure that such actions under this Act. risk, such tobacco product is not adulterated or (4) MATCHBOOKS.—For purposes of any reg- the Administrator may issue such order as misbranded. ulations issued by the Administrator under may be necessary to assure that adequate SEC. 113. APPLICATION FOR REVIEW OF CERTAIN this Act, matchbooks of conventional size notification is provided in an appropriate SMOKING ARTICLES. containing not more than 20 paper matches, form, by the persons and means best suited (a) IN GENERAL.— and which are customarily given away for under the circumstances involved, to all per- (1) NEW SMOKING ARTICLE DEFINED.—For free with the purchase of smoking articles, sons who should properly receive such notifi- purposes of this section the term ‘‘new shall be considered as adult-written publica- cation in order to eliminate such risk. The smoking article’’ means— tions which shall be permitted to contain ad- Administrator may order notification by any (A) any smoking article that was not com- vertising. appropriate means, including public service mercially marketed in the United States as (5) AMENDMENT; REVOCATION.— announcements. Before issuing an order of the date of enactment of this Act; and (A) AUTHORITY.—The Administrator, upon under this subsection, the Administrator (B) any smoking article that incorporates the Administrator’s own initiative or upon shall consult with the persons who are to a significant modification (including changes petition of an interested person, may by a give notice under the order. in design, component, part, or constituent, regulation, promulgated in accordance with (b) NO EXEMPTION FROM OTHER LIABILITY.— including a smoke constituent, or in the con- the requirements of subsection (c) and para- Compliance with an order issued under this tent, delivery or form of nicotine, or other graph (2), amend or revoke a smoking article section shall not relieve any person from li- additive or ingredient) of a smoking article standard. ability under Federal or State law. In award- where the modified product was commer- (B) EFFECTIVE DATE.—The Administrator ing damages for economic loss in an action cially marketed in the United States after may declare a proposed amendment of a brought for the enforcement of any such li- the date of enactment of this Act. smoking article standard to be effective on ability, the value to the plaintiff in such ac- (2) PREMARKET REVIEW REQUIRED.— and after its publication in the Federal Reg- tion of any remedy provided under such (A) NEW PRODUCTS.—An order under sub- ister and until the effective date of any final order shall be taken into account. section (c)(1)(A) for a new smoking article is action taken on such amendment if the Ad- (c) RECALL AUTHORITY.— required unless the product— ministrator determines that making it so ef- (1) IN GENERAL.—If the Administrator finds (i) is substantially equivalent to a smoking fective is in the public interest. that there is a reasonable probability that a article commercially marketed in the United (6) REFERRAL TO ADVISORY COMMITTEE.— tobacco product contains a manufacturing or States as of date of enactment of this Act; (A) IN GENERAL.—The Administrator shall other defect not ordinarily contained in to- and refer a proposed regulation for the establish- bacco products on the market that would (ii) is in compliance with the requirements ment, amendment, or revocation of a smok- cause serious, acute adverse health con- of this Act. ing article standard to the Tobacco Products sequences or death, the Administrator shall (B) CONSUMER TESTING.—This section shall Scientific Advisory Committee for a report issue an order requiring the appropriate per- not apply to smoking articles that are pro- and recommendation with respect to any son (including the manufacturers, importers, vided to adult tobacco consumers for pur- matter involved in the proposed regulation distributors, or retailers of the tobacco prod- poses of consumer testing. For purposes of

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE S6064 CONGRESSIONAL RECORD — SENATE June 3, 2009 this section, the term ‘‘consumer testing’’ (B) may, upon the request of an applicant, (A) that the continued marketing of such means an assessment of smoking articles refer such application to the Tobacco Prod- smoking article no longer is appropriate for that is conducted by or under the control ucts Scientific Advisory Committee for ref- the protection of the public health; and direction of a manufacturer for the pur- erence and for submission (within such pe- (B) that the application contained or was pose of evaluating consumer acceptance of riod as the Administrator may establish) of accompanied by an untrue statement of a such smoking articles, utilizing only the a report and recommendation respecting the material fact; quantity of cigarettes that is reasonably application, together with all underlying (C) that the applicant— necessary for such assessment data and the reasons or basis for the rec- (i) has failed to establish a system for (3) SUBSTANTIALLY EQUIVALENT DEFINED.— ommendation. maintaining records, or has repeatedly or de- (A) IN GENERAL.—In this section, the term (c) ACTION ON APPLICATION.— liberately failed to maintain records or to ‘‘substantially equivalent’’ or ‘‘substantial (1) DEADLINE.—As promptly as possible, make reports, required by an applicable reg- equivalence’’ means, with respect to the but in no event later than 90 days after the ulation under section 113; or smoking article being compared to the predi- receipt of an application under subsection (ii) has refused to permit access to, or cate smoking article, that the Administrator (b), the Administrator, after considering the copying or verification of, such records as re- by order has found that the smoking arti- report and recommendation submitted under quired by section 110; or cle— subsection (b)(2), shall— (D) on the basis of new information before (i) has the same general characteristics as (A) issue an order that the new product the Administrator with respect to such the predicate smoking article; or may be introduced or delivered for introduc- smoking article, evaluated together with the (ii) has different characteristics and the in- tion into interstate commerce if the Admin- evidence before the Administrator when the formation submitted contains information, istrator finds that none of the grounds speci- application was reviewed, that the methods including clinical data if deemed necessary fied in paragraph (2) of this subsection ap- used in, or the facilities and controls used by the Administrator, that demonstrates plies; or for, the manufacture, processing, packing, or that it is not appropriate to regulate the (B) issue an order that the new product installation of such smoking article do not product under this section because the prod- may not be introduced or delivered for intro- conform with the requirements of section uct does not raise different questions of pub- duction into interstate commerce if the Ad- 110(e) and were not brought into conformity lic health for the consumer of the product. ministrator finds (and sets forth the basis for with such requirements within a reasonable (B) CHARACTERISTICS.—In subparagraph such finding as part of or accompanying such (A), the term ‘‘characteristics’’ means the time after receipt of written notice from the denial) that 1 or more grounds for denial materials, ingredients, design, composition, Administrator of nonconformity; specified in paragraph (2) of this subsection heating source, or other features of a smok- (E) on the basis of new information before apply. ing article. the Administrator, evaluated together with (2) DENIAL OF APPLICATION.—The Adminis- (C) LIMITATION.—A smoking article may the evidence before the Administrator when trator shall deny an application submitted not be found to be substantially equivalent the application was reviewed, that the label- under subsection (b) if, upon the basis of the to a predicate smoking article that has been ing of such smoking article, based on a fair information submitted to the Administrator removed from the market at the initiative of evaluation of all material facts, is false or the Administrator or that has been deter- as part of the application and any other in- misleading in any particular and was not mined by a judicial order to be misbranded formation before the Administrator with re- corrected within a reasonable time after re- or adulterated. spect to such smoking article, the Adminis- ceipt of written notice from the Adminis- trator finds that— (4) HEALTH INFORMATION.—As part of a sub- trator of such fact; or mission respecting a smoking article, the (A) there is a lack of a showing that per- (F) on the basis of new information before person required to file a premarket notifica- mitting such smoking article to be marketed the Administrator, evaluated together with tion shall provide an adequate summary of would be appropriate for the protection of the evidence before the Administrator when any health information related to the smok- the public health; such order was issued, that such smoking ar- ing article or state that such information (B) the methods used in, or the facilities or ticle is not shown to conform in all respects will be made available upon request by any controls used for, the manufacture, proc- to a smoking article standard which is in ef- person. essing, or packing of such smoking article do fect under section 111, compliance with (b) APPLICATION.— not conform to the requirements of section which was a condition to the issuance of an (1) CONTENTS.—An application under this 110(e); order relating to the application, and that section shall contain— (C) based on a fair evaluation of all mate- there is a lack of adequate information to (A) full reports of all information, pub- rial facts, the proposed labeling is false or justify the deviation from such standard. lished or known to, or which should reason- misleading in any particular; or (2) APPEAL.—The holder of an application ably be known to, the applicant, concerning (D) such smoking article is not shown to subject to an order issued under paragraph investigations which have been made to conform to a smoking article standard in ef- (1) withdrawing an order issued pursuant to show the health risks of such smoking arti- fect under section 111, and there is a lack of subsection (c)(1)(A) may, by petition filed on cle and whether such smoking article pre- adequate information to justify the devi- or before the 30th day after the date upon sents less risk than other smoking articles; ation from such standard. which such holder receives notice of such (B) a full statement of the components, in- (3) DENIAL INFORMATION.—Any denial of an withdrawal, obtain review thereof in accord- gredients, additives, and properties, and of application shall, insofar as the Adminis- ance with section 116. the principle or principles of operation, of trator determines to be practicable, be ac- (3) TEMPORARY SUSPENSION.—If, after pro- such smoking article; companied by a statement informing the ap- viding an opportunity for an informal hear- (C) a full description of the methods used plicant of the measures required to remove ing, the Administrator determines there is in, and the facilities and controls used for, such application from deniable form (which reasonable probability that the continuation the manufacture, processing, and, when rel- measures may include further research by of distribution of a smoking article under an evant, packing and installation of, such the applicant in accordance with 1 or more order would cause serious, adverse health smoking article; protocols prescribed by the Administrator). consequences or death, that is greater than (D) an identifying reference to any smok- (4) BASIS FOR FINDING.—For purposes of ordinarily caused by smoking articles on the ing article standard under section 111 which this section, the finding as to whether the market, the Administrator shall by order would be applicable to any aspect of such commercial introduction of a smoking arti- temporarily suspend the authority of the smoking article, and either adequate infor- cle for which an application has been sub- manufacturer to market the product. If the mation to show that such aspect of such mitted is appropriate for the protection of Administrator issues such an order, the Ad- smoking article fully meets such smoking the public health shall be determined with ministrator shall proceed expeditiously article standard or adequate information to respect to the risks and benefits to the users under paragraph (1) to withdraw such appli- justify any deviation from such standard; of the smoking article, and taking into ac- cation. (E) such samples of such smoking article count whether such commercial introduction (e) SERVICE OF ORDER.—An order issued by and of components thereof as the Adminis- is reasonably likely to increase the morbidly the Administrator under this section shall be trator may reasonably require; and mortality among individual tobacco (F) specimens of the labeling proposed to users. served— (1) in person by any officer or employee of be used for such smoking article; and (d) WITHDRAWAL AND TEMPORARY SUSPEN- the department designated by the Adminis- (G) such other information relevant to the SION.— trator; or subject matter of the application as the Ad- (1) IN GENERAL.—The Administrator shall, ministrator may require. upon obtaining, where appropriate, advice on (2) by mailing the order by registered mail or certified mail addressed to the applicant (2) REFERRAL TO TOBACCO PRODUCTS SCI- scientific matters from the Tobacco Prod- at the applicant’s last known address in the ENTIFIC ADVISORY COMMITTEE.—Upon receipt ucts Scientific Advisory Committee, and of an application meeting the requirements after due notice and opportunity for infor- records of the Administrator. set forth in paragraph (1), the Adminis- mal hearing for a smoking article for which (f) RECORDS.— trator— an order was issued under subsection (1) ADDITIONAL INFORMATION.—In the case (A) may, on the Administrator’s own ini- (c)(1)(A), issue an order withdrawing the of any smoking article for which an order tiative; or order if the Administrator finds— issued pursuant to subsection (c)(1)(A) for an

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6065 application filed under subsection (b) is in ef- duce harm or the risk of tobacco-related dis- (ii) any aspect of the label, labeling, and fect, the applicant shall establish and main- ease associated with commercially marketed advertising for such product that would tain such records, and make such reports to tobacco products’’. cause the tobacco product to be a modified the Administrator, as the Administrator (3) EFFECTIVE DATE.—The provisions of risk tobacco product under subsection (b) is may by regulation, or by order with respect paragraph (2)(A)(ii) shall take effect 12 limited to an explicit or implicit representa- to such application, prescribe on the basis of months after the date of enactment of the tion that such tobacco product or its smoke a finding that such records and reports are Act. does not contain or is free of a substance or necessary in order to enable the Adminis- (c) TOBACCO DEPENDENCE PRODUCTS.—A contains a reduced level of a substance, or trator to determine, or facilitate a deter- product that is intended to be used for the presents a reduced exposure to a substance mination of, whether there is or may be treatment of tobacco dependence, including in tobacco smoke; grounds for withdrawing or temporarily sus- smoking cessation, is not a modified risk to- (iii) scientific evidence is not available pending such order. bacco product under this section if it has and, using the best available scientific meth- (2) ACCESS TO RECORDS.—Each person re- been approved as a drug or device by the ods, cannot be made available without con- quired under this section to maintain Center and is subject to the requirements of ducting long-term epidemiological studies records, and each person in charge of custody chapter V. for an application to meet the standards set (d) FILING.—Any person may file with the thereof, shall, upon request of an officer or forth in paragraph (1); and Administrator an application for a modified employee designated by the Administrator, (iv) the scientific evidence that is available risk tobacco product. Such application shall permit such officer or employee at all rea- without conducting long-term epidemiolog- include— sonable times to have access to and copy and ical studies demonstrates that a measurable (1) a description of the proposed product verify such records. and substantial reduction in morbidity or and any proposed advertising and labeling; NVESTIGATIONAL SMOKING ARTICLE EX- (g) I (2) the conditions for using the product; mortality among individual tobacco users is EMPTION FOR INVESTIGATIONAL USE.—The Ad- (3) the formulation of the product; reasonably likely in subsequent studies. ministrator may exempt smoking articles (4) sample product labels and labeling; (B) ADDITIONAL FINDINGS REQUIRED.—To intended for investigational use from the (5) all documents (including underlying issue an order under subparagraph (A) the provisions of this Act under such conditions scientific information) relating to research Administrator must also find that the appli- as the Administrator may by regulation pre- findings conducted, supported, or possessed cant has demonstrated that— scribe. by the tobacco product manufacturer relat- (i) the magnitude of the overall reductions SEC. 114. MODIFIED RISK TOBACCO PRODUCTS. ing to the effect of the product on tobacco- in exposure to the substance or substances (a) IN GENERAL.—No person may introduce related diseases and health-related condi- which are the subject of the application is or deliver for introduction into interstate tions, including information both favorable substantial, such substance or substances commerce any modified risk tobacco product and unfavorable to the ability of the product are harmful, and the product as actually unless an order issued pursuant to sub- to reduce risk or exposure and relating to used exposes consumers to the specified re- section (g) is effective with respect to such human health; duced level of the substance or substances; product. (6) data and information on how consumers (ii) the product as actually used by con- (b) DEFINITIONS.—In this section: actually use the tobacco product; and sumers will not expose them to higher levels (1) MODIFIED RISK TOBACCO PRODUCT.—The (7) such other information as the Adminis- of other harmful substances compared to the term ‘‘modified risk tobacco product’’ means trator may require. similar types of tobacco products then on any tobacco product that is sold or distrib- (e) PUBLIC AVAILABILITY.—The Adminis- the market unless such increases are mini- uted for use to reduce harm or the risk of to- trator shall make the application described mal and the reasonably likely overall impact bacco-related disease associated with com- in subsection (d) publicly available (except of use of the product remains a substantial mercially marketed tobacco products. matters in the application which are trade and measurable reduction in overall mor- (2) SOLD OR DISTRIBUTED.— secrets or otherwise confidential, commer- bidity and mortality among individual to- (A) IN GENERAL.—With respect to a tobacco cial information) and shall request com- bacco users; product, the term ‘‘sold or distributed for ments by interested persons on the informa- (iii) testing of actual consumer perception use to reduce harm or the risk of tobacco-re- tion contained in the application and on the shows that, as the applicant proposes to lated disease associated with commercially label, labeling, and advertising accom- label and market the product, consumers marketed tobacco products’’ means a to- panying such application. will not be misled into believing that the (f) ADVISORY COMMITTEE.— bacco product— product— (1) IN GENERAL.—The Administrator shall (i) the label, labeling, or advertising of (I) is or has been demonstrated to be sig- refer to the Tobacco Products Scientific Ad- which represents explicitly or implicitly nificantly less harmful; or visory Committee any application submitted that— (II) presents or has been demonstrated to under this section. (I) the tobacco product presents a lower present significant less of a risk of disease (2) RECOMMENDATIONS.—Not later than 60 risk of tobacco-related disease or is less than other commercially marketed tobacco days after the date an application is referred harmful than one or more other commer- products; and to the Tobacco Products Scientific Advisory cially marketed tobacco products; (iv) issuance of an order with respect to Committee under paragraph (1), the Advisory (II) the tobacco product or its smoke con- the application is expected to benefit the Committee shall report its recommendations tains a reduced level of a substance or pre- health of users of tobacco products. on the application to the Administrator. (3) BASIS.—The determinations under para- sents a reduced exposure to a substance; or (g) MARKETING.— (III) the tobacco product or its smoke does graphs (1) and (2) shall be based on— (1) MODIFIED RISK PRODUCTS.—Except as (A) the scientific evidence submitted by not contain or is free of a substance; provided in paragraph (2), the Administrator the applicant; and (ii) the label, labeling, or advertising of shall, with respect to an application sub- (B) scientific evidence and other informa- which uses the descriptors ‘‘light’’, ‘‘mild’’, mitted under this section, issue an order tion that is made available to the Adminis- ‘‘low’’, ‘‘medium’’, ‘‘ultra light’’, ‘‘low tar’’ that a modified risk product may be com- trator. or ‘‘ultra low tar’’; or mercially marketed only if the Adminis- (iii) the tobacco product manufacturer of trator determines that the applicant has (h) ADDITIONAL CONDITIONS FOR MAR- which has taken any action directed to con- demonstrated that such product, as it is ac- KETING.— sumers through the media or otherwise, tually used by consumers, will— (1) MODIFIED RISK PRODUCTS.—The Adminis- other than by means of the tobacco product’s (A) significantly reduce harm and the risk trator shall require for the marketing of a label, labeling, or advertising, after the date of tobacco-related disease to individual to- product under this section that any adver- of enactment of the Act, respecting the prod- bacco users; and tising or labeling concerning modified risk uct that would be reasonably expected to re- (B) is reasonably likely to result in meas- products enable the public to comprehend sult in consumers believing that the tobacco urable and substantial reductions in mor- the information concerning modified risk product or its smoke may present a lower bidity and mortality among individual to- and to understand the relative significance risk of disease or is less harmful than one or bacco users. of such information in the context of total more commercially marketed tobacco prod- (2) SPECIAL RULE FOR CERTAIN PRODUCTS.— health and in relation to all of the diseases ucts, or presents a reduced exposure to, or (A) IN GENERAL.—The Administrator may and health-related conditions associated does not contain or is free of, a substance or issue an order that a tobacco product may be with the use of tobacco products. substances. introduced or delivered for introduction into (2) COMPARATIVE CLAIMS.— (B) LIMITATION.—No tobacco product shall interstate commerce, pursuant to an applica- (A) IN GENERAL.—The Administrator may be considered to be ‘‘sold or distributed for tion under this section, with respect to a to- require for the marketing of a product under use to reduce harm or the risk of tobacco-re- bacco product that may not be commercially this subsection that a claim comparing a to- lated disease associated with commercially marketed under paragraph (1) if the Sec- bacco product to other commercially mar- marketed tobacco products’’, except as de- retary makes the findings required under keted tobacco products shall compare the to- scribed in subparagraph (A). this paragraph and determines that the ap- bacco product to a commercially marketed (C) SMOKELESS TOBACCO PRODUCT.—No plicant has demonstrated that— tobacco product that is representative of smokeless tobacco product shall be consid- (i) such order would be appropriate to pro- that type of tobacco product on the market ered to be ‘‘sold or distributed for use to re- mote the public health; (for example the average value of the top 3

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE S6066 CONGRESSIONAL RECORD — SENATE June 3, 2009 brands of an established regular tobacco scientific evidence required for assessment (iii) proceedings of any panel or advisory product). and ongoing review of modified risk tobacco committee with respect to such regulation (B) QUANTITATIVE COMPARISONS.—The Ad- products. Such regulations or guidance or order; ministrator may also require, for purposes of shall— (iv) any hearing held with respect to such subparagraph (A), that the percent (or frac- (A) to the extent that adequate scientific regulation or order; and tion) of change and identity of the reference evidence exists, establish minimum stand- (v) any other information identified by the tobacco product and a quantitative compari- ards for scientific studies needed prior to Administrator, in the administrative pro- son of the amount of the substance claimed issuing an order under subsection (g) to show ceeding held with respect to such regulation to be reduced shall be stated in immediate a reasonable likelihood that a substantial re- or order, as being relevant to such regulation proximity to the most prominent claim. duction in morbidity or mortality among in- or order. (i) POSTMARKET SURVEILLANCE AND STUD- dividual tobacco users occurs for products (b) STANDARD OF REVIEW.—Upon the filing IES.— described in subsection (g)(1) or is reason- of the petition under subsection (a) for judi- (1) IN GENERAL.—The Administrator shall ably likely for products described in sub- cial review of a regulation or order, the require, with respect to a product for which section (g)(2); court shall have jurisdiction to review the an applicant obtained an order under sub- (B) include validated biomarkers, inter- regulation or order in accordance with chap- section (g)(1), that the applicant conduct mediate clinical endpoints, and other fea- ter 7 of title 5, United States Code, and to postmarket surveillance and studies for such sible outcome measures, as appropriate; grant appropriate relief, including interim a tobacco product to determine the impact of (C) establish minimum standards for relief, as provided for in such chapter. A reg- the order issuance on consumer perception, postmarket studies, that shall include reg- ulation or denial described in subsection (a) behavior, and health, to enable the Adminis- ular and long-term assessments of health shall be reviewed in accordance with section trator to review the accuracy of the deter- outcomes and mortality, intermediate clin- 706(2)(A) of title 5, United States Code. minations upon which the order was based, ical endpoints, consumer perception of harm (c) FINALITY OF JUDGMENT.—The judgment and to provide information that the Admin- reduction, and the impact on quitting behav- of the court affirming or setting aside, in istrator determines is otherwise necessary ior and new use of tobacco products, as ap- whole or in part, any regulation or order regarding the use or health risks involving propriate; shall be final, subject to review by the Su- the tobacco product. The results of (D) establish minimum standards for re- preme Court of the United States upon cer- postmarket surveillance and studies shall be quired postmarket surveillance, including tiorari or certification, as provided in sec- submitted to the Administrator on an an- ongoing assessments of consumer perception; tion 1254 of title 28, United States Code. nual basis. and (d) OTHER REMEDIES.—The remedies pro- (2) SURVEILLANCE PROTOCOL.—Each appli- (E) establish a reasonable timetable for the vided for in this section shall be in addition cant required to conduct a surveillance of a Administrator to review an application to, and not in lieu of, any other remedies tobacco product under paragraph (1) shall, under this section. provided by law. (2) CONSULTATION.—The regulations or within 30 days after receiving notice that the (e) REGULATIONS AND ORDERS MUST RECITE guidance issued under paragraph (1) may be applicant is required to conduct such surveil- BASIS IN RECORD.—To facilitate judicial re- lance, submit, for the approval of the Admin- developed in consultation with the Institute view, a regulation or order issued under sec- istrator, a protocol for the required surveil- of Medicine, and with the input of other ap- tion 110, 111, 112, 113, 114, or 119 shall contain propriate scientific and medical experts, on lance. The Administrator, within 30 days of a statement of the reasons for the issuance the design and conduct of such studies and the receipt of such protocol, shall determine of such regulation or order in the record of surveillance. if the principal investigator proposed to be the proceedings held in connection with its (3) REVISION.—The regulations or guidance used in the surveillance has sufficient quali- issuance. under paragraph (1) shall be revised on a reg- fications and experience to conduct such sur- SEC. 116. JURISDICTION OF AND COORDINATION veillance and if such protocol will result in ular basis as new scientific information be- comes available. WITH THE FEDERAL TRADE COMMIS- collection of the data or other information SION. (4) NEW TOBACCO PRODUCTS.—Not later than designated by the Administrator as nec- Except where expressly provided in this 2 years after the date of enactment of the essary to protect the public health. Act, nothing in this Act shall be construed Act, the Administrator shall issue a regula- (j) WITHDRAWAL OF AUTHORIZATION.—The as limiting or diminishing the authority of Administrator, after an opportunity for an tion or guidance that permits the filing of a single application for any tobacco product the Federal Trade Commission to enforce the informal hearing, shall withdraw an order laws under its jurisdiction with respect to under subsection (g) if the Administrator de- that is a new tobacco product under section 114 and which the applicant seeks to com- the advertising, sale, or distribution of to- termines that— bacco products. (1) the applicant, based on new informa- mercially market under this section. tion, can no longer make the demonstrations SEC. 115. JUDICIAL REVIEW. SEC. 117. REGULATION REQUIREMENT. required under subsection (g), or the Admin- (a) RIGHT TO REVIEW.— (a) TESTING, REPORTING, AND DISCLOSURE.— istrator can no longer make the determina- (1) IN GENERAL.—Not later than 60 days Not later than 36 months after the date of tions required under subsection (g); after— enactment of the Act, the Administrator (2) the application failed to include mate- (A) the promulgation of a regulation under shall promulgate regulations under this Act rial information or included any untrue section 111 establishing, amending, or revok- that meet the requirements of subsection (b). statement of material fact; ing a tobacco product standard; or (b) CONTENTS OF RULES.—The regulations (3) any explicit or implicit representation (B) a denial of an application under section promulgated under subsection (a)— that the product reduces risk or exposure is 114(c), (1) shall require annual testing and report- no longer valid, including if— any person adversely affected by such regu- ing of tobacco product constituents, ingredi- (A) a tobacco product standard is estab- lation or denial may file a petition for judi- ents, and additives, including smoke con- lished pursuant to section 111; cial review of such regulation or denial with stituents, by brand style that the Adminis- (B) an action is taken that affects the risks the United States Court of Appeals for the trator determines should be tested to protect presented by other commercially marketed District of Columbia or for the circuit in the public health, provided that, for purposes tobacco products that were compared to the which such person resides or has their prin- of the testing requirements of this para- product that is the subject of the applica- cipal place of business. graph, tobacco products manufactured and tion; or (2) REQUIREMENTS.— sold by a single tobacco product manufac- (C) any postmarket surveillance or studies (A) COPY OF PETITION.—A copy of the peti- turer that are identical in all respects except reveal that the order is no longer consistent tion filed under paragraph (1) shall be trans- the labels, packaging design, logo, trade with the protection of the public health; mitted by the clerk of the court involved to dress, trademark, brand name, or any com- (4) the applicant failed to conduct or sub- the Administrator. bination thereof, shall be considered as a sin- mit the postmarket surveillance and studies (B) RECORD OF PROCEEDINGS.—On receipt of gle brand style; and required under subsection (g)(2)(C)(ii) or sub- a petition under subparagraph (A), the Ad- (2) may require that tobacco product man- section (i); or ministrator shall file in the court in which ufacturers, packagers, or importers make (5) the applicant failed to meet a condition such petition was filed— disclosures relating to the results of the imposed under subsection (h). (i) the record of the proceedings on which testing of tar and nicotine through labels or (k) CHAPTER IV OR V.—A product for which the regulation or order was based; and advertising. the Administrator has issued an order pursu- (ii) a statement of the reasons for the (c) AUTHORITY.—The Administrator shall ant to subsection (g) shall not be subject to issuance of such a regulation or order. have the authority under this Act to conduct chapter IV or V of the Federal Food, Drug, (C) DEFINITION OF RECORD.—In this section, or to require the testing, reporting, or dis- and Cosmetic Act. the term ‘‘record’’ means— closure of tobacco product constituents, in- (l) IMPLEMENTING REGULATIONS OR GUID- (i) all notices and other matter published cluding smoke constituents. ANCE.— in the Federal Register with respect to the (d) JOINT LABORATORY TESTING SERVICES.— (1) SCIENTIFIC EVIDENCE.—Not later than 2 regulation or order reviewed; The Administrator shall allow any 2 or more years after the date of enactment of the Act, (ii) all information submitted to the Ad- tobacco product manufacturers to join to- the Administrator shall issue regulations or ministrator with respect to such regulation gether to purchase laboratory testing serv- guidance (or any combination thereof) on the or order; ices required by this section on a group basis

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6067 in order to ensure that such manufacturers adopt, promulgate, and enforce any law, of subparagraph (A) shall, during the mem- receive access to, and fair pricing of, such rule, regulation, or other measure with re- ber’s tenure on the committee or for the 18- testing services. spect to tobacco products that is in addition month period prior to becoming such a mem- (e) EXTENSIONS FOR LIMITED LABORATORY to requirements established under this Act, ber, receive any salary, grants, or other pay- CAPACITY.— including a law, rule, regulation, or other ments or support from any business that (1) IN GENERAL.—The regulations promul- measure relating to or prohibiting the sale, manufactures, distributes, markets, or sells gated under subsection (a) shall provide that distribution, possession, or use of tobacco cigarettes or other tobacco products or gov- a tobacco product manufacturer shall not be products by individuals of any age, informa- ernment agency with any form of jurisdic- considered to be in violation of this section tion reporting to the State. No provision of tion over tobacco products. before the applicable deadline, if— this Act shall limit or otherwise affect any (2) LIMITATION.—The Administrator may (A) the tobacco products of such manufac- State, Tribal, or local taxation of tobacco not appoint to the Advisory Committee any turer are in compliance with all other re- products. individual who is in the regular full-time quirements of this Act; and (2) PREEMPTION OF CERTAIN STATE AND employ of the Tobacco Harm Reduction Cen- (B) the conditions described in paragraph LOCAL REQUIREMENTS.— ter or any agency responsible for the en- (2) are met. (A) IN GENERAL.—No State or political sub- forcement of this Act. The Administrator (2) CONDITIONS.—Notwithstanding the re- division of a State may establish or continue may appoint Federal officials as ex officio quirements of this section, the Adminis- in effect with respect to a tobacco product members. trator may delay the date by which a to- any requirement which is different from, or (3) CHAIRPERSON.—The Administrator shall bacco product manufacturer must be in com- in addition to, any requirement under the designate 1 of the members appointed under pliance with the testing and reporting re- provisions of this Act relating to tobacco clauses (i), (ii), and (iii) of paragraph (1)(A) quired by this section until such time as the product standards, premarket review, adul- to serve as chairperson. testing is reported if, not later than 90 days teration, misbranding, labeling, registration, before the deadline for reporting in accord- good manufacturing standards, or modified (c) DUTIES.—The Tobacco Products Sci- ance with this section, a tobacco product risk tobacco products. entific Advisory Committee shall provide ad- manufacturer provides evidence to the Ad- (B) EXCEPTION.—Subparagraph (A) does not vice, information, and recommendations to ministrator demonstrating that— apply to requirements relating to the sale, the Administrator— (A) the manufacturer has submitted the re- distribution, possession, information report- (1) as provided in this Act; quired products for testing to a laboratory ing to the State, use of, tobacco product by (2) on the implementation of prevention, and has done so sufficiently in advance of individuals of any age. Information disclosed cessation, and harm reduction policies; the deadline to create a reasonable expecta- to a State under subparagraph (A) that is ex- (3) on implementation of policies and pro- tion of completion by the deadline; empt from disclosure under section 552(b)(4) grams to fully inform consumers of the re- (B) the products currently are awaiting of title 5, United States Code, shall be treat- spective risks of tobacco products; and testing by the laboratory; and ed as a trade secret and confidential infor- (4) on its review of other safety, depend- (C) neither that laboratory nor any other mation by the State. ence, or health issues relating to tobacco laboratory is able to complete testing by the (b) RULE OF CONSTRUCTION REGARDING products as requested by the Administrator. deadline at customary, nonexpedited testing PRODUCT LIABILITY.—No provision of this Act (d) COMPENSATION; SUPPORT; FACA.— fees. relating to a tobacco product shall be con- (1) COMPENSATION AND TRAVEL.—Members (3) EXTENSION.—The Administrator, taking strued to modify or otherwise affect any ac- of the Advisory Committee who are not offi- into account the laboratory testing capacity tion or the liability of any person under the cers or employees of the United States, while that is available to tobacco product manu- product liability law of any State. attending conferences or meetings of the facturers, shall review and verify the evi- SEC. 119. TOBACCO PRODUCTS SCIENTIFIC ADVI- committee or otherwise engaged in its busi- dence submitted by a tobacco product manu- SORY COMMITTEE. ness, shall be entitled to receive compensa- facturer in accordance with paragraph (2). If (a) ESTABLISHMENT.—Not later than 6 the Administrator finds that the conditions months after the date of enactment of this tion at rates to be fixed by the Adminis- described in such paragraph are met, the Ad- Act, the Administrator shall establish a 16- trator, which may not exceed the daily ministrator shall notify the tobacco product member advisory committee, to be known as equivalent of the rate in effect under the manufacturer that the manufacturer shall the Tobacco Products Scientific Advisory Senior Executive Schedule under section 5382 not be considered to be in violation of the Committee (in this section referred to as the of title 5, United States Code, for each day testing and reporting requirements of this ‘‘Advisory Committee’’). (including travel time) they are so engaged; section until the testing is reported or until (b) MEMBERSHIP.— and while so serving away from their homes 1 year after the reporting deadline has (1) IN GENERAL.— or regular places of business each member passed, whichever occurs sooner. If, however, (A) MEMBERS.—The Administrator shall may be allowed travel expenses, including the Administrator has not made a finding be- appoint as members of the Tobacco Harm per diem in lieu of subsistence, as authorized fore the reporting deadline, the manufac- Reduction Advisory Committee individuals by section 5703 of title 5, United States Code, turer shall not be considered to be in viola- who are technically qualified by training and for persons in the Government service em- tion of such requirements until the Adminis- experience in medicine, medical ethics, ployed intermittently. trator finds that the conditions described in science, or technology involving the manu- (2) ADMINISTRATIVE SUPPORT.—The Admin- paragraph (2) have not been met, or until 1 facture, evaluation, or use of tobacco prod- istrator shall furnish the Advisory Com- year after the reporting deadline, whichever ucts, who are of appropriately diversified mittee clerical and other assistance. occurs sooner. professional backgrounds. The committee (3) NONAPPLICATION OF FACA.—Section 14 of the Federal Advisory Committee Act does (4) ADDITIONAL EXTENSION.—In addition to shall be composed of— the time that may be provided under para- (i) 6 individuals who are physicians, den- not apply to the Advisory Committee. graph (3), the Administrator may provide tists, scientists, or health care professionals (e) PROCEEDINGS OF ADVISORY PANELS AND practicing in the area of oncology, further extensions of time, in increments of COMMITTEES.—The Advisory Committee shall pulmonology, cardiology, toxicology, phar- no more than 1 year, for required testing and make and maintain a transcript of any pro- reporting to occur if the Administrator de- macology, addiction, or any other relevant specialty; ceeding of the panel or committee. Each termines, based on evidence properly and such panel and committee shall delete from timely submitted by a tobacco product man- (ii) 2 individuals who are an officer or em- any transcript made under this subsection ufacturer in accordance with paragraph (2), ployee of a State or local government or of that a lack of available laboratory capacity the Federal Government; information which is exempt from disclosure prevents the manufacturer from completing (iii) 2 representatives of the general public; under section 552(b) of title 5, United States the required testing during the period de- (iv) 2 representatives of the interests of the Code. scribed in paragraph (3). tobacco manufacturing industry; (v) 1 representative of the interests of the SEC. 120. DRUG PRODUCTS USED TO TREAT TO- (f) RULE OF CONSTRUCTION.—Nothing in BACCO DEPENDENCE. subsection (d) or (e) shall be construed to au- small business tobacco manufacturing indus- thorize the extension of any deadline, or to try, which position may be filled on a rotat- (a) REPORT ON INNOVATIVE PRODUCTS.— otherwise affect any timeframe, under any ing, sequential basis by representatives of (1) IN GENERAL.—Not later than 3 years provision of this Act other than this section. different small business tobacco manufactur- after the date of enactment of this Act, the SEC. 118. PRESERVATION OF STATE AND LOCAL ers based on areas of expertise relevant to Administrator, after consultation with rec- AUTHORITY. the topics being considered by the Advisory ognized scientific, medical, and public health (a) IN GENERAL.— Committee; experts (including both Federal agencies and (1) PRESERVATION.—Except as provided in (vi) 1 individual as a representative of the nongovernmental entities, the Institute of paragraph (2)(A), nothing in this Act, or interests of the tobacco growers; and Medicine of the National Academy of rules promulgated under this Act, shall be (vii) 1 individual who is an expert in illicit Sciences, and the Society for Research on construed to limit the authority of a Federal trade of tobacco products. Nicotine and Tobacco), shall submit to the agency (including the Armed Forces), a (B) CONFLICTS OF INTEREST.—No members Congress a report that examines how best to State or political subdivision of a State, or of the committee, other than members ap- promote, and encourage the development and the government of an Indian tribe to enact, pointed pursuant to clauses (iv), (v), and (vi) use by current tobacco users of innovative

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03JNPT1 jbell on PROD1PC69 with SENATE S6068 CONGRESSIONAL RECORD — SENATE June 3, 2009 tobacco and nicotine products and treat- ‘‘(B) is supplied to the retailer by a license- tisements for each brand of cigarettes in ac- ments (including nicotine-based and non-nic- or permit-holding smoking article manufac- cordance with a plan submitted by the otine-based products and treatments) to bet- turer, importer, or distributor; and smokeless tobacco product manufacturer, ter achieve, in a manner that best protects ‘‘(C) is not altered by the retailer in a way importer, distributor, or retailer to, and ap- and promotes the public health— that is material to the requirements of this proved by, the Secretary. (A) total abstinence from tobacco use; subsection. ‘‘(3) REVIEW.—The Secretary shall review (B) reductions in consumption of tobacco; ‘‘(b) ADVERTISING REQUIREMENTS.— each plan submitted under paragraph (2) and and ‘‘(1) IN GENERAL.—It shall be unlawful for approve it if the plan— (C) reductions in the harm associated with any tobacco product manufacturer, im- ‘‘(A) will provide for the equal distribution continued tobacco use by moving current porter, distributor, or retailer of cigarettes and display on packaging and the rotation users to noncombustible tobacco products. to advertise or cause to be advertised within required in advertising under this sub- (2) RECOMMENDATIONS.—The report under the United States any cigarette unless its section; and paragraph (1) shall include the recommenda- advertising bears, in accordance with the re- ‘‘(B) assures that all of the labels required tions of the Administrator on how the To- quirements of this section, one of the labels under this section will be displayed by the bacco Harm and Reduction Center should co- specified in subsection (a). smokeless tobacco product manufacturer, ordinate and facilitate the exchange of infor- ‘‘(2) TYPOGRAPHY, ETC.—Each label state- importer, distributor, or retailer at the same mation on such innovative products and ment required by subsection (a) in cigarette time. treatments among relevant offices and cen- advertising shall comply with the standards ‘‘(4) APPLICABILITY TO RETAILERS.—This ters within the Center and within the Na- set forth in this paragraph. For press and subsection and subsection (b) apply to a re- tional Institutes of Health, the Centers for poster advertisements, each such statement tailer only if that retailer is responsible for Disease Control and Prevention, and other and (where applicable) any required state- or directs the label statements required relevant Federal and State agencies. ment relating to tar, nicotine, or other con- under this section except that this paragraph stituent (including a smoke constituent) TITLE II—TOBACCO PRODUCTS WARN- shall not relieve a retailer of liability if the yield shall comprise at least 20 percent of the retailer displays, in a location open to the INGS; CONSTITUENT AND SMOKE CON- area of the advertisement and shall appear in STITUENT DISCLOSURE public, an advertisement that does not con- a conspicuous and prominent format and lo- tain a warning label or has been altered by SEC. 201. CIGARETTE LABEL AND ADVERTISING cation at the bottom of each advertisement WARNINGS. the retailer in a way that is material to the within the trim area. The word ‘WARNING’ requirements of this subsection and sub- (a) AMENDMENT.—Section 4 of the Federal shall appear in capital letters, and each label section (b).’’. Cigarette Labeling and Advertising Act (15 statement shall appear in conspicuous and U.S.C. 1333) is amended to read as follows: legible type. The text of the label statement (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 4. LABELING. shall be black if the background is white and made by subsection (a) shall take effect 24 ‘‘(a) LABEL REQUIREMENTS.— white if the background is black, under the months after the date of enactment of this ‘‘(1) IN GENERAL.—It shall be unlawful for plan submitted under subsection (c). The Act. Such effective date shall be with respect any person to manufacture, package, sell, label statements shall be enclosed by a rec- to the date of manufacture, provided that, in offer to sell, distribute, or import for sale or tangular border that is the same color as the any case, beginning 30 days after such effec- distribution within the United States any letters of the statements and that is the tive date, a manufacturer shall not introduce cigarettes the package of which fails to bear, width of the first downstroke of the capital into the domestic commerce of the United in accordance with the requirements of this ‘W’ of the word ‘WARNING’ in the label States any product, irrespective of the date section, one of the following labels: statements. The text of such label state- of manufacture, that is not in conformance ‘‘WARNING: Cigarettes are addictive. ments shall be in a typeface pro rata to the with section 4 of the Federal Cigarette La- ‘‘WARNING: Tobacco smoke can harm following requirements: 45-point type for a beling and Advertising Act (15 U.S.C. 1333), your children. whole-page broadsheet newspaper advertise- as amended by subsection (a). ‘‘WARNING: Cigarettes cause fatal lung ment; 39-point type for a half-page SEC. 202. SMOKELESS TOBACCO LABELS AND AD- disease. broadsheet newspaper advertisement; 39- VERTISING WARNINGS. ‘‘WARNING: Cigarettes cause cancer. point type for a whole-page tabloid news- (a) AMENDMENT.—Section 3 of the Com- ‘‘WARNING: Cigarettes cause strokes and paper advertisement; 27-point type for a half- prehensive Smokeless Tobacco Health Edu- heart disease. page tabloid newspaper advertisement; 31.5- cation Act of 1986 (15 U.S.C. 4402) is amended ‘‘WARNING: Smoking during pregnancy point type for a double page spread magazine to read as follows: can harm your baby. or whole-page magazine advertisement; 22.5- ‘‘WARNING: Smoking can kill you. point type for a 28 centimeter by 3 column ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. ‘‘WARNING: Tobacco smoke causes fatal advertisement; and 15-point type for a 20 cen- ‘‘(a) GENERAL RULE.— lung disease in nonsmokers. timeter by 2 column advertisement. The ‘‘(1) It shall be unlawful for any person to ‘‘WARNING: Quitting smoking now greatly label statements shall be in English, except manufacture, package, sell, offer to sell, dis- reduces serious risks to your health. that— tribute, or import for sale or distribution ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each ‘‘(A) in the case of an advertisement that within the United States any smokeless to- label statement required by paragraph (1) appears in a newspaper, magazine, peri- bacco product unless the product package shall be located in the lower portion of the odical, or other publication that is not in bears, in accordance with the requirements front panel of the package, directly on the English, the statements shall appear in the of this Act, one of the following labels: package underneath the cellophane or other predominant language of the publication; ‘‘WARNING: This product can cause mouth clear wrapping. Each label statement shall and cancer. comprise at least the bottom 25 percent of ‘‘(B) in the case of any other advertisement ‘‘WARNING: This product can cause gum the front panel of the package. The word that is not in English, the statements shall disease and tooth loss. ‘WARNING’ shall appear in capital letters appear in the same language as that prin- ‘‘WARNING: This product has significantly and all text shall be in conspicuous and leg- cipally used in the advertisement. lower risks for diseases associated with ciga- ible 17-point type, unless the text of the label ‘‘(3) MATCHBOOKS.—Notwithstanding para- rettes. statement would occupy more than 70 per- graph (2), for matchbooks (defined as con- ‘‘WARNING: Smokeless tobacco is addict- cent of such area, in which case the text may taining not more than 20 matches) custom- ive. be in a smaller conspicuous and legible type arily given away with the purchase of ‘‘(2) The label statements required by para- size, provided that at least 60 percent of such smokeless tobacco products, each label graph (1) shall be introduced by each smoke- area is occupied by required text. The text statement required by subsection (a) may be less tobacco product manufacturer, pack- shall be black on a white background, or printed on the inside cover of the match- ager, importer, distributor, or retailer of white on a black background, in a manner book. smokeless tobacco products concurrently that contrasts, by typography, layout, or ‘‘(c) MARKETING REQUIREMENTS.— into the distribution chain of such products. color, with all other printed material on the ‘‘(1) RANDOM DISPLAY.—The label state- ‘‘(3) The provisions of this subsection do package, in an alternating fashion under the ments specified in subsection (a)(1) shall be not apply to a smokeless tobacco product plan submitted under subsection (c). randomly displayed in each 12-month period, manufacturer or distributor of any smoke- ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- in as equal a number of times as is possible less tobacco product that does not manufac- TION.—The provisions of this subsection do on each brand of the product and be ran- ture, package, or import smokeless tobacco not apply to a tobacco product manufacturer domly distributed in all areas of the United products for sale or distribution within the or distributor of cigarettes which does not States in which the product is marketed in United States. manufacture, package, or import cigarettes accordance with a plan submitted by the ‘‘(4) A retailer of smokeless tobacco prod- for sale or distribution within the United smokeless tobacco product manufacturer, ucts shall not be in violation of this sub- States. importer, distributor, or retailer and ap- section for packaging that— ‘‘(4) APPLICABILITY TO RETAILERS.—A re- proved by the Secretary. ‘‘(A) contains a warning label; tailer of cigarettes shall not be in violation ‘‘(2) ROTATION.—The label statements spec- ‘‘(B) is supplied to the retailer by a license- of this subsection for packaging that— ified in subsection (a)(1) shall be rotated or permit-holding smokeless tobacco product ‘‘(A) contains a warning label; quarterly in alternating sequence in adver- manufacturer, importer, or distributor; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6069 ‘‘(C) is not altered by the retailer in a way ‘‘(ii) assures that all of the labels required 0.1 percent of the total dry weight of the to- that is material to the requirements of this under this section will be displayed by the bacco (including all ingredients), that shall subsection. smokeless tobacco product manufacturer, comply with the following: ‘‘(b) REQUIRED LABELS.— importer, distributor, or retailer at the same (1) Such listing of ingredients shall appear ‘‘(1) It shall be unlawful for any smokeless time. under, or be conspicuously accompanied by, tobacco product manufacturer, packager, ‘‘(D) This paragraph applies to a retailer the heading ‘‘Tobacco and principal tobacco importer, distributor, or retailer of smoke- only if that retailer is responsible for or di- ingredients’’. less tobacco products to advertise or cause rects the label statements under this sec- (2) Tobacco may be listed as ‘‘tobacco,’’ to be advertised within the United States tion, unless the retailer displays, in a loca- and shall be the first listed ingredient. any smokeless tobacco product unless its ad- tion open to the public, an advertisement (3) After tobacco, the ingredients shall be vertising bears, in accordance with the re- that does not contain a warning label or has listed in descending order of predominance, quirements of this section, one of the labels been altered by the retailer in a way that is by weight. specified in subsection (a). material to the requirements of this sub- (4) Spices and natural and artificial flavors ‘‘(2)(A) Each label statement required by section. may be listed, respectively, as ‘‘spices’’ and subsection (a) in smokeless tobacco adver- ‘‘(c) TELEVISION AND RADIO ADVERTISING.— ‘‘natural and artificial flavors’’ without tising shall comply with the standards set It is unlawful to advertise smokeless tobacco naming each. forth in this paragraph. on any medium of electronic communica- (5) Preservatives may be listed as ‘‘preserv- ‘‘(B) For press and poster advertisements, tions subject to the jurisdiction of the Fed- atives’’ without naming each. each such statement and (where applicable) eral Communications Commission.’’. (6) The disclosure of any ingredient in ac- any required statement relating to nicotine, (b) EFFECTIVE DATE.—The amendment cordance with this section may, at the op- or other constituent yield shall comprise at made by subsection (a) shall take effect 24 tion of the tobacco product manufacturer, least 20 percent of the area of the advertise- months after the date of enactment of this designate the functionality or purpose of ment. Act. Such effective date shall be with respect that ingredient. ‘‘(C) The word ‘WARNING’ shall appear in to the date of manufacture, provided that, in (7) The package say state ‘‘Not for sale to capital letters, and each label statement any case, beginning 30 days after such effec- minors’’. shall appear in conspicuous and legible type. tive date, a manufacturer shall not introduce (8) In the case of a package of cigarettes, ‘‘(D) The text of the label statement shall into the domestic commerce of the United the package shall state that smokeless to- be black on a white background, or white on States any product, irrespective of the date bacco has significantly lower risks for dis- a black background, in an alternating fash- of manufacture, that is not in conformance ease and death than cigarettes. ion under the plan submitted under para- with section 3 of the Comprehensive Smoke- SEC. 302. DISCLOSURES ON PACKAGES OF graph (3). less Tobacco Health Education Act of 1986 (15 SMOKELESS TOBACCO. ‘‘(E) The label statements shall be enclosed U.S.C. 4402), as amended by subsection (a). (a) BACK FACE FOR REQUIRED DISCLO- by a rectangular border that is the same SURES.—For purposes of this section— color as the letters of the statements and TITLE III—PUBIC DISCLOSURES BY TOBACCO PRODUCTS MANUFACTURERS (1) the principal face of a package of that is the width of the first downstroke of smokeless tobacco is the face that has the the capital ‘W’ of the word ‘WARNING’ in SEC. 301. DISCLOSURES ON PACKAGES OF TO- largest surface area or, for faces with iden- BACCO PRODUCTS. the label statements. tical surface areas, any of the faces that (a) BACK FACE FOR REQUIRED DISCLO- ‘‘(F) The text of such label statements have the largest surface area; a package SURES.—For purposes of this section— shall be in a typeface pro rata to the fol- shall not be characterized as having more (1) the principal face of a package of a to- lowing requirements: 45-point type for a than two principal faces; bacco product is the face that has the largest whole-page broadsheet newspaper advertise- (2) the front or top face shall be the prin- ment; 39-point type for a half-page surface area or, for faces with identical sur- cipal face of the package; broadsheet newspaper advertisement; 39- face areas, any of the faces that have the (3) if the front or top and back or bottom point type for a whole-page tabloid news- largest surface area; a package shall not be faces are of different sizes in terms of area, paper advertisement; 27-point type for a half- characterized as having more than 2 prin- then the larger face shall be the front or top page tabloid newspaper advertisement; 31.5- cipal faces; face; point type for a double page spread magazine (2) the front face shall be the principal face (4) the back or bottom face of the package or whole-page magazine advertisement; 22.5- of the package; shall be the principal face of a package that point type for a 28 centimeter by 3 column (3) if the front and back faces are of dif- is opposite the front or top face of the pack- advertisement; and 15-point type for a 20 cen- ferent sizes in terms of area, then the larger age; timeter by 2 column advertisement. face shall be the front face; (5) beginning 24 months after the effective ‘‘(G) The label statements shall be in (4) the back face shall be the principal face date of this Act, 50 percent of the back or English, except that— of a package that is opposite the front face bottom face of the package shall be allocated ‘‘(i) in the case of an advertisement that of the package; for required package disclosures in accord- appears in a newspaper, magazine, peri- (5) the bottom 50 percent of the back face ance with this section; and odical, or other publication that is not in of the package shall be allocated for required (6) if the package is cylindrical, a contig- English, the statements shall appear in the package disclosures in accordance with this uous area constituting 30 percent of the total predominant language of the publication; section; and surface area of the cylinder shall be deemed and (6) if a package of a tobacco product is cy- the back face. ‘‘(ii) in the case of any other advertisement lindrical, a contiguous area constituting 30 (b) REQUIRED INFORMATION ON BACK OR BOT- that is not in English, the statements shall percent of the total surface area of the cyl- TOM FACE.—50 percent of the back or bottom appear in the same language as that prin- inder shall be deemed the back face. face of a package of smokeless tobacco shall cipally used in the advertisement. (b) REQUIRED INFORMATION ON BACK FACE.— be available solely for disclosures required ‘‘(3)(A) The label statements specified in Not later than 24 months after the effective by or under this Act, the Comprehensive subsection (a)(1) shall be randomly displayed date of this Act, the bottom 50 percent of the Smokeless Tobacco Health Education Act of in each 12-month period, in as equal a num- back face of a package of a tobacco product 1986, sections 4401–4408 of title 15, United ber of times as is possible on each brand of shall be available solely for disclosures re- States Code, and any other Federal statute. the product and be randomly distributed in quired by or under this Act, the Federal Cig- Such disclosures shall include a list of ingre- all areas of the United States in which the arette Labeling and Advertising Act, sec- dients as required by subsection (e). product is marketed in accordance with a tions 1331–1340 of title 15, United States (c) PACKAGE DISCLOSURE OF INGREDIENTS.— plan submitted by the smokeless tobacco Code, and any other Federal statute. Such Commencing 24 months after the effective product manufacturer, importer, distributor, disclosures shall include— date of this Act, a package of smokeless to- or retailer and approved by the Secretary. (1) the printed name and address of the bacco shall bear a list of the common or ‘‘(B) The label statements specified in sub- manufacturer, packer, or distributor, and usual names of the ingredients present in the section (a)(1) shall be rotated quarterly in al- any other identification associated with the smokeless tobacco in an amount greater ternating sequence in advertisements for manufacturer, packer, or distributor or with than 0.1 percent of the total dry weight of each brand of smokeless tobacco product in the tobacco product that the Administrator the tobacco (including all ingredients). accordance with a plan submitted by the may require; (1) Such listing of ingredients shall appears smokeless tobacco product manufacturer, (2) a list of ingredients as required by sub- under, or be conspicuously accompanied by, importer, distributor, or retailer to, and ap- section (e); and the heading ‘‘Tobacco and principal tobacco proved by, the Secretary. (3) the appropriate tax registration num- ingredients’’. ‘‘(C) The Secretary shall review each plan ber. (2) Tobacco may be listed as ‘‘tobacco,’’ submitted under subparagraphs (A) and (B) (c) PACKAGE DISCLOSURE OF INGREDIENTS.— and shall be the first listed ingredient. and approve it if the plan— Not later than 24 months after the effective (3) After tobacco, the ingredients shall be ‘‘(i) will provide for the equal distribution date of this Act, the package of a tobacco listed in descending order of predominance, and display on packaging and the rotation product shall bear a list of the common or by weight. required in advertising under this sub- usual names of the ingredients present in the (4) Spices and natural and artificial flavors section; and tobacco product in an amount greater than may be listed, respectively, as ‘‘spices’’ and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03JNPT1 jbell on PROD1PC69 with SENATE S6070 CONGRESSIONAL RECORD — SENATE June 3, 2009 ‘‘natural and artificial flavors’’ without TITLE IV—PREVENTION OF ILLICIT section is liable for a civil money penalty of naming each. TRADE IN TOBACCO PRODUCTS not less than $25 nor more than $125 for each (5) Preservatives may be listed as ‘‘preserv- SEC. 401. STUDY AND REPORT ON ILLICIT TRADE. such violation, and shall be required to per- atives’’ without naming each. (a) The Administrator shall, after con- form not less than four hours nor more than (6) The disclosure of any ingredient in ac- sultation with other relevant agencies in- ten hours of community service. Upon the cordance with this section may, at the op- cluding Customs and Tobacco Tax Bureau, second or each subsequent violation of this tion of the tobacco product manufacturer, conduct a study of trade in tobacco products subsection, such individual shall be required designate the functionality or purpose of that involves passage of tobacco products ei- to perform not less than eight hours nor that ingredient. ther between the States or from or to any more than twenty hours of community serv- (7) Not for sale to minors. other country across any border of the ice. SEC. 303. PUBLIC DISCLOSURE OF INGREDIENTS. United States to— ‘‘ ‘(b) A law enforcement agency, upon de- (a) REGULATIONS.—Not later than 24 (1) collect data on such trade in tobacco termining that an individual under 18 years months after the effective date of this Act, products, including illicit trade involving to- of age or a different minimum age estab- the Administrator shall, by regulation, es- bacco products, and make recommendations lished under State law allegedly purchased, tablish standards under which each tobacco on the monitoring and enforcement of such received, possessed, or attempted to pur- product manufacturer shall disclose pub- trade; chase, receive, or possess, a tobacco product licly, and update at least annually— (2) collect data on any advertising intended in violation of subsection (a) shall notify the (1) a list of the ingredients it uses in each to be broadcast, transmitted, or distributed individual’s parent or parents, custodian, or brand style it manufactures for commercial from or to the United States from or to an- guardian as to the nature of the alleged vio- distribution domestically, as provided in other country and make recommendations lation if the name and address of a parent or subsection (b); and on how to prevent or eliminate, and what parents, guardian, or custodian is reasonably (2) a composite list of all the ingredients it technologies could help facilitate the elimi- ascertainable by the law enforcement agen- uses in any of the brand styles it manufac- nation of, such advertising; and cy. The notice required by this subsection tures for commercial distribution domesti- (3) collect data on such trade in tobacco shall be made not later than 48 hours after cally, as provided in subsection (c). products by person that is not— the individual who allegedly violated sub- (b) INGREDIENTS TO BE DISCLOSED AS TO (A) a participating manufacturer (as that section (a) is cited by such agency for the EACH BRAND STYLE.— term is defined in section II(jj) of the Master violation. The notice may be made by any (1) IN GENERAL.—With respect to the public Settlement Agreement of November 23, 1998, means reasonably calculated to give prompt disclosure required by subsection (a)(1), as to between certain of the States and certain to- actual notice, including notice in person, by each brand style, the tobacco product manu- bacco product manufacturers); or telephone, or by first-class mail. facture shall disclose the common or usual (B) an affiliate or subsidiary of a partici- ‘‘ ‘(c) Subsection (a) does not prohibit an name of each ingredient present in the brand pating manufacturer. individual under 18 years of age or a different style in an amount greater than 0.1 percent (b) Not later than 18 months after the ef- minimum age established under State law of the total dry weight of the tobacco (in- fective date of this Act, the Administrator from possessing a tobacco product during cluding all ingredients). shall submit to the Secretary, and commit- regular working hours and in the course of (2) REQUIREMENTS.—Disclosure under para- tees of relevant jurisdiction in Congress, a such individual’s employment if the tobacco graph (1) shall comply with the following: report the recommendations of the study product is not possessed for such individual’s (A) Tobacco may be listed as ‘‘tobacco,’’ conducted under subsection (a). consumption. and shall be the first listed ingredient. SEC. 402. AMENDMENT TO SECTION 1926 OF THE ‘‘ ‘SEC. 3. OUT-OF-PACKAGE DISTRIBUTION. (B) After tobacco, the ingredients shall be PUBLIC HEALTH SERVICE ACT. ‘‘ ‘It shall be unlawful for any person to listed in descending order of predominance, Section 1926 of the Public Health Service distribute cigarettes or a smokeless tobacco by weight. Act (42 U.S.C. § 300x–26) is amended by adding product other than in an unopened package (C) Spices and natural and artificial fla- at the end thereof the following: that complies in full with section 108 of the vors may be listed, respectively, as ‘‘spices’’ ‘‘(e)(1) Subject to paragraphs (2) and (3), for Federal Tobacco Act of 2007. A person who and ‘‘natural and artificial flavors’’ without the first fiscal year after enactment and distributes a cigarette or a smokeless to- naming each. each subsequent fiscal year, the Secretary bacco product in violation of this section is (D) Preservatives may be listed as ‘‘pre- shall reduce, as provided in subsection (h), liable for a civil money penalty of not less servatives’’ without naming each. the amount of any grant under section 300x– than $25 nor more than $125 for each such (E) The disclosure of any ingredient in ac- 21 of this title for any State that does not violation. cordance with this section may, at the op- have in effect a statute with substantially ‘‘ ‘SEC. 4. SIGNAGE. tion of the tobacco product manufacturer, the following provisions: ‘‘ ‘It shall be unlawful for any person who designate the functionality or purpose of ‘‘ ‘SEC. 1. DISTRIBUTION TO MINORS. sells tobacco products over-the-counter to that ingredient. ‘‘ ‘(a) No person shall distribute a tobacco fail to post conspicuously on the premises (c) AGGREGATE DISCLOSURE OF INGREDI- product to an individual under 18 years of where such person sells tobacco products ENTS.— age or a different minimum age established over-the-counter a sign communicating (1) IN GENERAL.—The public disclosure re- under State law. A person who violates this that— quired of a tobacco product manufacturer by ‘‘ ‘(1) the sale of tobacco products to indi- subsection (a)(2) shall consist of a single list subsection is liable for a civil money penalty of not less than $25 nor more than $125 for viduals under 18 years of age or a different of all ingredients used in any brand style a minimum age established under State law is tobacco product manufacturer manufactures each violation of this subsection; ‘‘ ‘(b) The employer of an employee who has prohibited by law; for commercial distribution domestically, violated subsection (a) twice while in the ‘‘ ‘(2) the purchase of tobacco products by without regard to the quantity used, and in- employ of such employer is liable for a civil individuals under 18 years of age or a dif- cluding, separately, each spice, each natural money penalty of $125 for each subsequent ferent minimum age established under State or artificial flavoring, and each preservative. violation by such employee. law is prohibited by law; and (2) LISTING.—The ingredients shall be list- ‘‘ ‘(c) It shall be a defense to a charge ‘‘ ‘(3) proof of age may be demanded before ed by their respective common or usual brought under subsection (a) that— tobacco products are sold. names in descending order of predominance ‘‘ ‘(1) the defendant— A person who fails to post a sign that com- by the total weight used annually by the to- ‘‘ ‘(A) relied upon proof of age that ap- plies fully with this section is liable for a bacco product manufacturer in manufac- peared on its face to be valid in accordance civil money penalty of not less than $25 nor turing tobacco products for commercial dis- with the Federal Tobacco Act of 2007; more than $125. tribution domestically. ‘‘ ‘(B) had complied with the requirements ‘‘ ‘SEC. 5. NOTIFICATION OF EMPLOYEES. (d) NO REQUIRED DISCLOSURE OF QUAN- of section 5 and, if applicable, section 7; or TITIES.—The Administrator shall not require ‘‘ ‘(a) Within 180 days of the effective date any public disclosure of quantitative infor- ‘‘ ‘(C) relied upon a commercially available of the Preventing Disease and Death from mation about any ingredient in a tobacco electronic age verification service to confirm Tobacco Use Act, every person engaged in product. that the person was an age-verified adult; or the business of selling tobacco products at (e) DISCLOSURE ON WEBSITE.—The public ‘‘ ‘(2) the individual to whom the tobacco retail shall implement a program to notify disclosures required by subsection (a) of this product was distributed was at the time of each employee employed by that person who section may be by posting on an Internet-ac- the distribution used in violation of sub- sells tobacco products at retail that— cessible website, or other location electroni- section 8(b). ‘‘ ‘(1) the sale or other distribution of to- cally accessible to the public, which is iden- ‘‘ ‘SEC. 2. PURCHASE, RECEIPT, OR POSSESSION bacco products to any individual under 18 tified on all packages of a tobacco product BY MINORS PROHIBITED. years of age or a different minimum age es- manufacturer’s tobacco products. ‘‘ ‘(a) An individual under 18 years of age or tablished under State law, and the purchase, (f) TIMING OF INITIAL REQUIRED DISCLO- a different minimum age established under receipt, or possession of tobacco products in SURES.—No disclosure pursuant to this sec- State law shall not purchase or attempt to a place open to the public by any individual tion shall be required to commence until the purchase, receive or attempt to receive, pos- under 18 years of age or a different minimum regulations under subsection (a) have been in sess or attempt to possess, a tobacco prod- age established under State law, is prohib- effect for not less than 1 year. uct. An individual who violates this sub- ited; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.066 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6071 ‘‘ ‘(2) out-of-package distribution of ciga- random, unannounced inspections in accord- issuance of a license or refusing to renew a rettes and smokeless tobacco products is ance with the procedures set forth in this license. prohibited. Act and in regulations issued under section ‘‘ ‘(e) Every license issued by the appro- Any employer failing to provide the required 1926 of the Federal Public Health Service Act priate State agency or department pursuant notice to any employee shall be liable for a (42 U.S.C. § 300x–26). to this section shall be valid for 1 year from civil money penalty of not less than $25 nor ‘‘ ‘(b) The State may engage an individual the date of issuance and shall be renewed more than $125 for each such violation. under 18 years of age or a different minimum upon application except as otherwise pro- ‘‘ ‘(b) It shall be a defense to a charge that age established under State law to test com- vided in this Act. an employer violated subsection (a) of this pliance with this Act, except that such an in- ‘‘ ‘(f) Upon notification of a change of ad- section that the employee acknowledged re- dividual may be used to test compliance with dress for a place of business for which a li- ceipt, either in writing or by electronic this Act only if the testing is conducted cense has been issued, a license shall be re- means, prior to the alleged violation, of a under the following conditions: issued for the new address without the filing statement in substantially the following ‘‘ ‘(1) Prior to use of any individual under of a new application. form: 18 years of age or a different minimum age ‘‘ ‘(g) The appropriate State agency or de- ‘‘I understand that State law prohibits the established under State law in a random, un- partment shall notify every person in the distribution of tobacco products to individ- announced inspection, written consent shall State who is engaged in the distribution at uals under 18 years of age or a different min- be obtained from a parent, custodian, or retail of tobacco products of the license re- imum age established under State law and guardian of such individual; quirements of this section and of the date by out-of-package distribution of cigarettes and ‘‘ ‘(2) An individual under 18 years of age or which such person should have obtained a li- smokeless tobacco products, and permits a a different minimum age established under cense. defense based on evidence that a prospective State law shall act solely under the super- ‘‘ ‘(h)(1) Except as provided in paragraph purchaser’s proof of age was reasonably re- vision and direction of the State Police or a (2), any person who engages in the distribu- lied upon and appeared on its face to be local law enforcement authority duly des- tion at retail of tobacco products without a valid. I understand that if I sell, give, or vol- ignated by the State Police during a random, license required by this section is liable for untarily provide a tobacco product to an in- unannounced inspection; a civil money penalty in an amount equal to dividual under 18 years of age or a different ‘‘ ‘(3) An individual under 18 years of age or (i) two times the applicable license fee, and minimum age established under State law, I a different minimum age established under (ii) $50 for each day that such distribution may be found responsible for a civil money State law used in random, unannounced in- continues without a license. penalty of not less than $25 nor more than spections shall not be used in any such in- ‘‘ ‘(2) Any person who engages in the dis- $125 for each violation. I promise to comply spection at a store in which such individual tribution at retail of tobacco products after with this law.’’ ’ ’’ is a regular customer; and a license issued under this section has been ‘‘ ‘(c) If an employer is charged with a vio- ‘‘ ‘(4) If an individual under 18 years of age suspended or revoked is liable for a civil lation of subsection (a) and the employer or a different minimum age established money penalty of $100 per day for each day uses as a defense to such charge the defense under State law participating in random, un- on which such distribution continues after provided by subsection (b), the employer announced inspections is questioned during the date such person received notice of such shall be deemed to be liable for such viola- such an inspection about such individual’s suspension or revocation. ‘‘ ‘(i) No person shall engage in the dis- tion if such employer pays the penalty im- age, such individual shall state his or her ac- tribution at retail of tobacco products on or posed on the employee involved in such vio- tual age and shall present a true and correct after 180 days after the date of enactment lation or in any way reimburses the em- proof of age if requested at any time during this Act unless such person is authorized to ployee for such penalty. the inspection to present it. do so by a license issued pursuant to this ‘‘ ‘SEC. 6. SELF-SERVICE DISPLAYS. ‘‘ ‘(c) Any person who uses any individual section or is an employee or agent of a per- ‘‘ ‘(a) It shall be unlawful for any person under 18 years of age or a different minimum son that has been issued such a license. who sells tobacco products over-the-counter age established under State law, other than at retail to maintain packages of such prod- as permitted by subsection (b), to test com- ‘‘ ‘SEC. 10. SUSPENSION, REVOCATION, DENIAL, AND NONRENEWAL OF LICENSES. ucts in any location accessible to customers pliance with this Act, is liable for a civil ‘‘ ‘(a) Upon a finding that a licensee has that is not under the control of a cashier or money penalty of not less than $25 nor more been determined by a court of competent ju- other employee during regular business than $125 for each such violation. risdiction to have violated this Act during hours. This subsection does not apply to any ‘‘ ‘(d) Civil money penalties collected for the license term, the State shall notify the adult-only facility. violations of this Act and fees collected licensee in writing, served personally or by ‘‘ ‘(b) Any person who violates subsection under section 9 shall be used only to defray registered mail at the notice address, that (a) is liable for a civil money penalty of not the costs of administration and enforcement any subsequent violation of this Act at the less than $25 nor more than $125 for each of this Act. same place of business may result in an ad- such violation, except that no person shall ‘‘ ‘SEC. 9. LICENSURE. ministrative action to suspend the license be responsible for more than one violation ‘‘ ‘(a) Each person engaged in the over-the- for a period determined by the specify the per day at any one retail store. counter distribution at retail of tobacco appropriate State agency or department. ‘‘ ‘SEC. 7. DISTRIBUTION BY MAIL OR COURIER. products shall hold a license issued under ‘‘ ‘(b) Upon finding that a further violation ‘‘ ‘(a) It shall be unlawful to distribute or this section. A separate license shall be re- by this Act has occurred involving the same sell tobacco products directly to consumers quired for each place of business where to- place of business for which the license was by mail or courier, unless the person receiv- bacco products are distributed at retail. A li- issued and the licensee has been served no- ing purchase requests for tobacco products cense issued under this section is not assign- tice once under subsection (a), the appro- takes reasonable action to prevent delivery able and is valid only for the person in whose priate State agency or department may ini- to individuals who are not adults by— name it is issued and for the place of busi- tiate an administrative action to suspend ‘‘ ‘(1) requiring that addressees of the to- ness designated in the license. the license for a period to be determined by bacco products be age-verified adults; ‘‘ ‘(b) The annual license fee is $25 for each the appropriate State agency or department ‘‘ ‘(2) making good faith efforts to verify place of business where tobacco products are but not to exceed six months. If an adminis- that such addressees have attained the min- distributed at retail. trative action to suspend a license is initi- imum age for purchase of tobacco products ‘‘ ‘(c) Every application for a license, in- ated, the appropriate State agency or depart- established by the respective States wherein cluding renewal of a license, under this sec- ment shall immediately notify the licensee the addresses of the addressees are located; tion shall be made upon a form provided by in writing at the notice address of the initi- and the appropriate State agency or department, ation of the action and the reasons therefor ‘‘ ‘(3) addressing the tobacco products de- and shall set forth the name under which the and permit the licensee an opportunity, at livered by mail or courier to a physical ad- applicant transacts or intends to transact least 30 days after written notice is served dresses and not to post office boxes. business, the location of the place of busi- personally or by registered mail upon the li- ‘‘ ‘(b) Any person who violates subsection ness for which the license is to be issued, the censee, to show why suspension of the li- (a) is liable for a civil money penalty of not street address to which all notices relevant cense would be unwarranted or unjust. less than $25 nor more than $125 for each to the license are to be sent (in this Act re- ‘‘ ‘(c) The appropriate State agency or de- such violation. ferred to as ‘‘notice address’’), and any other partment may initiate an administrative ac- ‘‘ ‘SEC. 8. RANDOM UNANNOUNCED INSPECTIONS; identifying information that the appropriate tion to revoke a license that previously has REPORTING; AND COMPLIANCE. State agency or department may require. been suspended under subsection (b) if, after ‘‘ ‘(a) The State Police, or a local law en- ‘‘ ‘(d) The appropriate State agency or de- the suspension and during the one-year pe- forcement authority duly designated by the partment shall issue or renew a license or riod for which the license was issued, the li- State Police, shall enforce this Act in a man- deny an application for a license or the re- censee committed a further violation of this ner that can reasonably be expected to re- newal of a license within 30 days of receiving Act, at the same place of business for which duce the extent to which tobacco products a properly completed application and the li- the license was issued. If an administrative are distributed to individuals under 18 years cense fee. The appropriate State agency or action to revoke a license is initiated, the of age or a different minimum age estab- department shall provide notice to an appli- appropriate State agency or department lished under State law and shall conduct cant of action on an application denying the shall immediately notify the licensee in

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE S6072 CONGRESSIONAL RECORD — SENATE June 3, 2009 writing at the notice address of the initi- the law described in subsection (e)(1) of this ‘‘(2) fiscal year 2008, in the case of any ation of the action and the reasons therefor section in a manner that can reasonably be other State. and permit the licensee an opportunity, at expected to reduce the extent to which to- ‘‘(j) For purposes of subsections (e) through least 30 days after written notice is served bacco products are available to individuals (h) of this section, references to section 300x– personally or by registered mail upon the li- under the age of 18 or a different minimum 21 shall include any successor grant pro- censee, to show why revocation of the license age established under State law for the pur- grams.‘’ would be unwarranted or unjust. chase of tobacco products. ‘‘(k) As required by paragraph (1), and sub- ‘‘ ‘(d) A person whose license has been sus- ‘‘(2) For the first applicable fiscal year and ject to paragraph (4), an Indian tribe shall for each subsequent fiscal year, a funding pended or revoked with respect to a place of satisfy the requirements of subsection (e)(1) agreement for a grant under section 300x–21 business pursuant to this section shall pay a of this section by enacting a law or ordi- of this title is a funding agreement under fee of $50 for the renewal or reissuance of the nance with substantially the same provisions which the State involved will— license at that same place of business, in ad- as the law described in subsection (e)(1). ‘‘(A) conduct random, unannounced inspec- dition to any applicable annual license fees. ‘‘(1) An Indian tribe shall comply with sub- tions to ensure compliance with the law de- ‘‘ ‘(e) Revocation of a license under sub- section (e)(1) of this section within 180 days scribed in subsection (e)(1); and section (c) with respect to a place of business after the Administrator finds, in accordance ‘‘(B) annually submit to the Secretary a shall not be grounds to deny an application with this paragraph, that— report describing— by any person for a new license with respect ‘‘(A) the Indian tribe has a governing body ‘‘(i) the activities carried out by the State to such place of business for more than 12 carrying out substantial governmental pow- to enforce such law during the fiscal year months subsequent to the date of such rev- ers and duties; preceding the fiscal year for which the State ocation. Revocation or suspension of a li- ‘‘(B) the functions to be exercised by the is seeking the grant; cense with respect to a particular place of Indian tribe under this Act pertain to activi- ‘‘(ii) the extent of success the State has business shall not be grounds to deny an ap- ties on trust land within the jurisdiction of achieved in reducing the availability of to- plication for a new license, to refuse to the tribe; and bacco products to individuals under 18 years renew a license, or to revoke or suspend an ‘‘(C) the Indian tribe is reasonably ex- of age or a different minimum age estab- existing license at any other place of busi- pected to be capable of carrying out the lished under State law, including the results ness. functions required under this section. of the inspections conducted under subpara- ‘‘ ‘(f) A licensee may seek judicial review of Within 2 years of the date of enactment of graph (A); and an action of the appropriate State agency or the Federal Tobacco Act of 2007, as to each ‘‘(iii) the strategies to be utilized by the department suspending, revoking, denying, Indian tribe in the United States, the Ad- State for enforcing such law during the fiscal or refusing to renew a license under this sec- ministrator shall make the findings con- tion by filing a complaint in a court of com- year for which the grant is sought. ‘‘(g) The law specified in subsection (e)(1) templated by this paragraph or determine petent jurisdiction. Any such complaint that such findings cannot be made, in ac- shall be filed within 30 days after the date on may be administered and enforced by a State using— cordance with the procedures specified in which notice of the action is received by the paragraph (4). licensee. The court shall review the evidence ‘‘(1) any amounts made available to the State through a grant under section 300x–21 ‘‘(2) As to Indian tribes subject to sub- de novo. section (e)(1) of this section, the Adminis- ‘‘ ‘(g) The State shall not report any action of this title; trator shall promulgate regulations that— suspending, revoking, denying, or refusing to ‘‘(2) any amounts made available to the ‘‘(A) provide whether and to what extent, if renew a license under this section to the State under section 300w of this title; any, the law described in subsection (e)(1) Federal Secretary of Health and Human ‘‘(3) any fees collected for licenses issued may be modified as adopted by Indian tribes; Services, unless the opportunity for judicial pursuant to the law described in subsection and review of the action pursuant to subsection (e)(1); ‘‘(B) ensure, to the extent possible, that (f), if any, has been exhausted or the time for ‘‘(4) any fines or penalties assessed for vio- each Indian tribe’s retailer licensing pro- seeking such judicial review has expired. lations of the law specified in subsection gram under subsection (e)(1) is no less strin- ‘‘ ‘SEC. 11. NO PRIVATE RIGHT OF ACTION. (e)(1); or ‘‘(5) any other funding source that the leg- gent than the program of the State or States ‘‘ ‘Nothing in this Act shall be construed to in which the Indian tribe is located. create a right of action by any private per- islature of the State may prescribe by stat- ute. ‘‘(3) If with respect to any Indian tribe the son for any violation of any provision of this Administrator determines that compliance Act. ‘‘(h) Before making a grant under section 300x–21 of this title to a State for the first with the requirements of subsection (e)(1) is ‘‘ ‘SEC. 12. JURISDICTION AND VENUE. applicable fiscal year or any subsequent fis- inappropriate or administratively infeasible, ‘‘ ‘Any action alleging a violation of this cal year, the Secretary shall make a deter- the Administrator shall specify other means Act may be brought only in a court of gen- mination of whether the State has main- for the Indian tribe to achieve the purposes eral jurisdiction in the city or county where tained compliance with subsections (e) and of the law described in subsection (e)(1) with the violation is alleged to have occurred. (f) of this section. If, after notice to the respect to persons who engage in the dis- ‘‘ ‘SEC. 13. REPORT. State and an opportunity for a hearing, the tribution at retail of tobacco products on ‘‘ ‘The appropriate State agency or depart- Secretary determines that the State is not tribal lands. ment shall prepare for submission annually in compliance with such subsections, the ‘‘(4) The findings and regulations promul- to the Federal Secretary of Health and Secretary shall reduce the amount of the al- gated under paragraphs (1) and (2) shall be Human Services the report required by sec- lotment under section 300x–21 of this title for promulgated in conformance with section 553 tion 1926 of the Federal Public Health Serv- the State for the fiscal year involved by an of title 5, United States Code, and shall com- ice Act (42 U.S.C. 300x–26).’ ’’. amount equal to— ply with the following provisions: ‘‘(2) In the case of a State whose legisla- ‘‘(1) In the case of the first applicable fiscal ‘‘(A) In making findings as provided in ture does not convene a regular session in year, 10 percent of the amount determined paragraph (1), and in drafting and promul- fiscal year 2007, and in the case of a State under section 300x–33 for the State for the gating regulations as provided in paragraph whose legislature does not convene a regular fiscal year; (2) (including drafting and promulgating any session in fiscal year 2008, the requirement ‘‘(2) In the case of the first fiscal year fol- revised regulations), the Administrator shall described in subsection (e)(1) as a condition lowing such applicable fiscal year, 20 percent confer with, and allow for active participa- of a receipt of a grant under section 300x–21 of the amount determined under section tion by, representatives and members of In- of this title shall apply only for fiscal year 300x–33 for the State for the fiscal year; dian tribes, and tribal organizations. 2009 and subsequent fiscal years. ‘‘(3) In the case of the second such fiscal ‘‘(B) In carrying out rulemaking processes ‘‘(3) Subsection (e)(1) shall not affect any year, 30 percent of the amount determined under this subsection, the Administrator State or local law that (A) was in effect on under section 300x–33 for the State for the shall follow the guidance of subchapter III of the date of introduction of the Federal To- fiscal year; and chapter 5 of title 5, United States Code, com- bacco Act of 2007, and (B) covers the same ‘‘(4) In the case of the third such fiscal monly known as the ‘Negotiated Rulemaking subject matter as the law described in sub- year or any subsequent fiscal year, 40 per- Act of 1990.’ section (e)(1). Any State law that meets the cent of the amount determined under section ‘‘(C) The tribal participants in the negotia- conditions of this paragraph shall also be 300x–33 for the State for the fiscal year. tion process referred to in subparagraph (B) deemed to meet the requirement described in The Secretary shall not have authority or shall be nominated by and shall represent subsection (e)(1) as a condition of a receipt of discretion to grant to any State a waiver of the groups described in this subsection and a grant under section 300x–21 of this title, if the terms and requirements of this sub- shall include tribal representatives from all such State law is at least as stringent as the section or subsection (e) or (f). geographic regions. law described in subsection (e)(1). ‘‘(i) For the purposes of subsections (e) ‘‘(D) The negotiations conducted under ‘‘(f)(1) For the first applicable fiscal year through (h) of this section the term ‘first ap- this paragraph (4) shall be conducted in a and for each subsequent fiscal year, a fund- plicable fiscal year’ means— timely manner. ing agreement for a grant under section ‘‘(1) fiscal year 2009, in the case of any ‘‘(E) If the Administrator determines that 300x–21 of this title is a funding agreement State described in subsection (e)(2) of this an extension of the deadlines under sub- under which the State involved will enforce section; and section (k)(1) of this section is appropriate,

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6073 the Secretary may submit proposed legisla- priate weight to the market shares of the re- (12) the commission of any act prohibited tion to Congress for the extension of such spective products in the category. by section 201 of this Act. deadlines. (c) PROMULGATION OF RANKINGS OF CAT- SEC. 502. INJUNCTION PROCEEDINGS. ‘‘(5) This subsection shall not affect any EGORIES.—Once the initial regulations re- (a) The district courts of the United States law or ordinance that (A) was in effect on quired by subsection (a) are in effect, the Ad- shall have jurisdiction, for cause shown, to tribal lands on the date of introduction of ministrator shall promptly, by order, after restrain violations of this Act, except for the Preventing Disease and Death from To- notice and an opportunity for comment, pro- violations of section 701(k). bacco Use Act, and (B) covers the same sub- mulgate to the general public rankings of (b) In case of an alleged violation of an in- ject matter as the law described in sub- the categories of tobacco products and nico- junction or restraining order issued under section (e)(1). Any law or ordinance that tine-containing products in accordance with this section, which also constitutes a viola- meets the conditions of this paragraph shall those regulations. The Administrator shall tion of this Act, trial shall be by the court, also be deemed to meet the requirement de- promulgate the initial rankings of those cat- or upon demand of the defendant, by a jury. scribed in subsection (k)(1), if such law or or- egories of tobacco products and nicotine-con- SEC. 503. PENALTIES. taining products to the general public not dinance is at least as stringent as the law de- (a) CRIMINAL PENALTIES.—Any person who scribed in subsection (e)(1). later than January 1, 2010. Thereafter, on an willfully violates a provision of section 501 of annual basis, the Administrator shall, by ‘‘(6) For purposes of this subsection— this Act shall be imprisoned for not more order, promulgate to the general public up- ‘‘(A) ‘Administrator’ means the Adminis- than one year or fined not more than $25,000, dated rankings that are (1) in accordance trator of the Tobacco Harm Reduction Cen- or both. with those regulations, and (2) reflect the ter. (b) CIVIL PENALTIES FOR VIOLATION OF SEC- scientific evidence available at the time of TION 803.— ‘‘(B) ‘Indian tribe’ has the meaning as- promulgation. The Administrator shall open (1) Any person who knowingly distributes signed that term in section 4(e) of the Indian and maintain an ongoing public docket for or sells, other than through retail sale or re- Self Determination and Education Assist- receipt of data and other information sub- tail offer for sale, any cigarette brand style ance Act, section 450b(e) of title 25, United mitted by any person with respect to such States Code. annual promulgation of rankings. in violation of section 803(a)— ‘‘(C) ‘Tribal lands’ means all lands within (A) for a first offense shall be liable for a TITLE V—ENFORCEMENT PROVISIONS the exterior boundaries of any Indian res- civil penalty not to exceed $10,000 for each ervation, all lands the title to which is held SEC. 501. PROHIBITED ACTS. distribution or sale, or by the United States in trust for an Indian The following acts and the causing thereof (B) for a second offense shall be liable for tribe, or lands the title to which is held by are hereby prohibited— a civil penalty not to exceed $25,000 for each an Indian tribe subject to a restriction by (1) the introduction or delivery for intro- distribution or sale, duction into interstate commerce of any to- the United States against alienation, and all except that the penalty imposed against any dependent Indian communities. bacco product that is adulterated or mis- branded; person with respect to violations during any ‘‘(D) ‘tribal organization’ has the meaning 30-day period shall not exceed $100,000. assigned that term in section 4(l) of the In- (2) the adulteration or misbranding of any tobacco product in interstate commerce; (2) Any retailer who knowingly distributes, dian Self Determination and Education As- (3) the receipt in interstate commerce of sells or offers for sale any cigarette brand sistance Act, section 450b(l) of title 25, any tobacco product that is known to be style in violation of section 803(a) shall— United States Code.’’. adulterated or misbranded, and the delivery (A) for a first offense for each sale or offer SEC. 403. ESTABLISHMENT OF RANKINGS. or proffered delivery thereof for pay or oth- for sale of cigarettes, if the total number of (a) STANDARDS AND PROCEDURES FOR erwise; packages of cigarettes sold or offered for RANKINGS.—Within 24 months after the effec- (4) the failure to establish or maintain any sale— tive date of this Act, the Administrator record, or make any report or other submis- (i) does not exceed 50 packages of ciga- shall, by regulation, after consultation with sion, or to provide any notice required by or rettes, be liable for a civil penalty not to ex- an Advisory Committee established for such under this Act; or the refusal to permit ac- ceed $500 for each sale or offer for sale, and purpose, establish the standards and proce- cess to, verification of, or copying of any (ii) exceeds 50 packages of cigarettes, be dures for promulgating rankings, com- record as required by this Act; liable for a civil penalty not to exceed $1,000 prehensible to consumers of tobacco prod- (5) the refusal to permit entry or inspec- for each sale or offer for sale; ucts, of the following categories of tobacco tion as authorized by this Act; (B) for each subsequent offense for each products and also nicotine-containing prod- (6) the making to the Administrator of a sale or offer for sale of cigarettes, if the total ucts on the basis of the relative risks of seri- statement, report, certification or other sub- number of cigarettes sold or offered for ous or chronic tobacco-related diseases and mission required by this Act, with knowl- sale— adverse health conditions those categories of edge that such statement, report, certifi- (i) does not exceed 50 packages of ciga- tobacco products and also nicotine-con- cation, or other submission is false in a ma- rettes, be liable for a civil penalty not to ex- taining products respectively present— terial aspect; ceed $2,000 for each sale or offer for sale, and (1) cigarettes; (7) the manufacturing, shipping, receiving, (ii) exceeds 50 packages of cigarettes, be (2) loose tobacco for roll-your-own tobacco storing, selling, distributing, possession, or liable for a civil penalty not to exceed $5,000 products; use of any tobacco product with knowledge for each sale or offer for sale; (3) little cigars; that it is an illicit tobacco product; except that the penalty imposed against any (4) cigars; (8) the forging, simulating without proper person during any 30-day period shall not ex- (5) pipe tobacco; permission, falsely representing, or without ceed $25,000. (6) moist snuff; proper authority using any brand name; SEC. 504. SEIZURE. (7) dry snuff; (9) the using by any person to his or her (a) ARTICLES SUBJECT TO SEIZURE.— (8) chewing tobacco; own advantage, or revealing, other than to (1) Any tobacco product that is adulterated (9) other forms of tobacco products, includ- the Administrator or officers or employees or misbranded when introduced into or while ing pelletized tobacco and compressed to- of the Agency, or to the courts when rel- in interstate commerce or while held for sale bacco, treated collectively as a single cat- evant in any judicial proceeding under this (whether or not the first sale) after shipment egory; and Act, any information acquired under author- in interstate commerce, or which may not, (10) other nicotine-containing products, ity of this Act concerning any item which as under the provisions of this Act, be intro- treated collectively as a single category. a trade secret is entitled to protection; ex- duced into interstate commerce, shall be lia- The Administrator shall not have authority cept that the foregoing does not authorize ble to be proceeded against while in inter- or discretion to establish a relative-risk the withholding of information from either state commerce, or at any time thereafter, ranking of any category or subcategory of House of Congress or from, to the extent of on libel of information and condemned in tobacco products or any category or sub- matter within its jurisdiction, any com- any district court of the United States with- category of nicotine-containing products mittee or subcommittee of such committee in the jurisdiction of which the tobacco prod- other than the ten categories specified in or any joint committee of Congress or any uct is found. No libel for condemnation shall this subsection. subcommittee of such joint committee; be instituted under this Act for any alleged (b) CONSIDERATIONS IN PROMULGATING REG- (10) the alteration, mutilation, destruc- misbranding if there is pending in any court ULATIONS.—In promulgating regulations tion, obliteration, or removal of the whole or a libel for condemnation proceeding under under this section, the Administrator— any part of the labeling of, or the doing of this Act based upon the same alleged mis- (1) shall take into account relevant epi- any other act with respect to, a tobacco branding, and not more than one such pro- demiologic studies and other relevant com- product, if such act is done while such to- ceeding shall be instituted if no such pro- petent and reliable scientific evidence; and bacco product is held for sale (whether or not ceeding is so pending, except that such limi- (2) in assessing the risks of serious or the first sale) after shipment in interstate tations shall not apply— chronic tobacco-related diseases and adverse commerce, and results in such tobacco prod- (A) when such misbranding has been the health conditions presented by a particular uct being adulterated or misbranded; basis of a prior judgment in favor of the category, shall consider the range of tobacco (11) the importation of any tobacco prod- United States, in a criminal, injunction, or products or nicotine-containing products uct that is adulterated, misbranded, or oth- libel for condemnation proceeding under this within the category, and shall give appro- erwise not in compliance with this Act; and Act, or

VerDate Nov 24 2008 04:24 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE S6074 CONGRESSIONAL RECORD — SENATE June 3, 2009 (B) when the Administrator has probable States attorney for such district reasonable ment or other thing as owner or lienor or cause to believe from facts found, without notice and opportunity to be heard) shall by otherwise, acquired by such claimant in good hearing, by the Administrator or any officer order, unless good cause to the contrary is faith, and (C) that such claimant at no time or employee of the Agency that the mis- shown, specify a district of reasonable prox- had any knowledge or reason to believe that branded tobacco product is dangerous to imity to the claimant’s principal place of such equipment or other thing was being or health beyond the inherent danger to health business, in which all such pending pro- would be used in, or to facilitate, the viola- posed by tobacco, or that the labeling of the ceedings shall be consolidated for trial and tion of laws of the United States relating to misbranded tobacco product is fraudulent, or tried. Such order of consolidation shall not any illicit tobacco product. would be in a material respect misleading to apply so as to require the removal of any (e) COSTS AND FEES.—When a decree of con- the injury or damage of the purchaser or case the date for trial of which has been demnation is entered against the tobacco consumer. In any case where the number of fixed. The court granting such order shall product or other article, court costs and fees, libel for condemnation proceedings is limited give prompt notification thereof to the other and storage and other proper expenses shall as above provided, the proceeding pending or courts having jurisdiction of the cases cov- be awarded against the person, if any, inter- instituted shall, on application of the claim- ered thereby. vening as claimant of the tobacco product or ant, seasonably made, be removed for trial to (c) SAMPLES AND ANALYSES.—The court at other article. any time after seizure up to a reasonable any district agreed upon by stipulation be- (f) REMOVAL FOR TRIAL.—In the case of re- time before trial shall by order allow any tween the parties, or, in case of failure to so moval for trial of any case as provided by party to a condemnation proceeding, the par- stipulate within a reasonable time, the subsection (a) or (b)— ty’s attorney or agent, to obtain a represent- claimant may apply to the court of the dis- (1) The clerk of the court from which re- ative sample of the article seized and a true trict in which the seizure has been made, and moval is made shall promptly transmit to copy of the analysis, if any, on which the such court (after giving the United States the court in which the case is to be tried all proceeding is based and the identifying attorney for such district reasonable notice records in the case necessary in order that marks or numbers, if any, of the packages and opportunity to be heard) shall by order, such court may exercise jurisdiction. from which the samples analyzed were ob- unless good cause to the contrary is shown, (2) The court to which such case was re- specify a district of reasonable proximity to tained. (d) DISPOSITION OF CONDEMNED TOBACCO moved shall have the powers and be subject the claimant’s principal place of business, to to the duties, for purposes of such case, which the case shall be removed for trial. PRODUCTS.—(1) Any tobacco product con- demned under this section shall, after entry which the court from which removal was (2) The following shall be liable to be pro- of the decree, be disposed of by destruction made would have had, or to which such court ceeded against at any time on libel of infor- or sale as the court may, in accordance with would have been subject, if such case had not mation and condemned in any district court the provisions of this section, direct; and the been removed. of the United States within the jurisdiction proceeds thereof, if sold, less the legal costs (g) ADMINISTRATIVE DETENTION OF TOBACCO of which they are found— and charges, shall be paid into the Treasury PRODUCTS.— (A) any tobacco product that is an illicit of the United States; but such tobacco prod- (1) DETENTION AUTHORITY.— tobacco product; uct shall not be sold under such decree con- (A) IN GENERAL.—An officer or qualified (B) any container of an illicit tobacco trary to the provisions of this Act or the employee of the Agency may order the de- product; laws of the jurisdiction in which sold. After tention, in accordance with this subsection, (C) any equipment or thing used in making entry of the decree and upon the payment of of any tobacco product that is found during an illicit tobacco product; and the costs of such proceedings and the execu- an inspection, examination, or investigation (D) any adulterated or misbranded tobacco tion of a good and sufficient bond condi- under this Act conducted by such officer or product. tioned that such article shall not be sold or qualified employee, if the officer or qualified (3)(A) Except as provided in subparagraph disposed of contrary to the provisions of this employee has credible evidence or informa- (B), no libel for condemnation may be insti- Act or the laws of any State in which sold, tion indicating that such article presents a tuted under paragraph (1) or (2) against any the court may by order direct that such to- threat of serious adverse health con- tobacco product which— bacco product be delivered to the owner sequences beyond those normally inherent in (i) is misbranded under this Act because of thereof to be destroyed or brought into com- the use of tobacco products. its advertising, and pliance with the provisions of this Act, under (B) ADMINISTRATOR’S APPROVAL.—A to- (ii) is being held for sale to the ultimate the supervision of an officer or employee bacco product or component thereof may be consumer in an establishment other than an duly designated by the Administrator; and ordered detained under subparagraph (A) if, establishment owned or operated by a manu- the expenses of such supervision shall be but only if, the Administrator or an official facturer, packer, or distributor of the to- paid by the person obtaining release of the designated by the Administrator approves bacco product. tobacco product under bond. If the tobacco the order. An official may not be so des- (B) A libel for condemnation may be insti- product was imported into the United States ignated unless the official is an officer with tuted under paragraph (1) or (2) against a to- and the person seeking its release establishes supervisory responsibility for the inspection, bacco product described in subparagraph (A) (A) that the adulteration, misbranding, or examination, or investigation that led to the if the tobacco product’s advertising which violation did not occur after the tobacco order. resulted in the tobacco product being mis- product was imported, and (B) that the per- (2) PERIOD OF DETENTION.—A tobacco prod- branded was disseminated in the establish- son seeking the release of the tobacco prod- uct may be detained under paragraph (1) for ment in which the tobacco product is being uct had no cause for believing that it was a reasonable period, not to exceed 20 days, held for sale to the ultimate consumer— adulterated, misbranded, or in violation be- unless a greater period, not to exceed 30 (i) such advertising was disseminated by, fore it was released from customs custody, days, is necessary, to institute an action or under the direction of, the owner or oper- the court may permit the tobacco product to under subsection (a) or section 702. ator of such establishment, or be delivered to the owner for exportation (3) SECURITY OF DETAINED TOBACCO PROD- (ii) all or part of the cost of such adver- under section 709 in lieu of destruction upon UCT.—An order under paragraph (1) may re- tising was paid by such owner or operator. a showing by the owner that there is a rea- quire that the tobacco product to be de- (b) PROCEDURES.—The tobacco product, tained be labeled or marked as detained, and equipment, or other thing proceeded against sonable certainty that the tobacco product shall require that the tobacco product be shall be liable to seizure by process pursuant will not be re-imported into the United maintained in or removed to a secure facil- to the libel, and the procedure in cases under States. ity, as appropriate. A tobacco product sub- this section shall conform, as nearly as may (2) The provisions of paragraph (1) of this ject to such an order shall not be transferred be, to the procedure in admiralty; except subsection shall, to the extent deemed appro- that on demand of either party any issue of priate by the court, apply to any equipment by any person from the place at which the fact joined in any such case shall be tried by or other thing which is not otherwise within tobacco product is ordered detained, or from jury. When libel for condemnation pro- the scope of such paragraph and which is re- the place to which the tobacco product is so ceedings under this section, involving the ferred to in paragraph (2) of subsection (a). removed, as the case may be, until released same claimant and the same issues of adul- (3) Whenever in any proceeding under this by the Administrator or until the expiration teration or misbranding, are pending in two section, involving paragraph (2) of subsection of the detention period applicable under such or more jurisdictions, such pending pro- (a), the condemnation of any equipment or order, whichever occurs first. This sub- ceedings, upon application of the claimant thing (other than a tobacco product) is de- section may not be construed as authorizing seasonably made to the court of one such ju- creed, the court shall allow the claim of any the delivery of the tobacco product pursuant risdiction, shall be consolidated for trial by claimant, to the extent of such claimant’s to the execution of a bond while the tobacco order of such court, and tried in (1) any dis- interest, for remission or mitigation of such product is subject to the order, and section trict selected by the claimant where one of forfeiture if such claimant proves to the sat- 709 does not authorize the delivery of the to- such proceedings is pending; or (2) a district isfaction of the court (A) that such claimant bacco product pursuant to the execution of a agreed upon by stipulation between the par- has not caused the equipment or thing to be bond while the article is subject to the order. ties. If no order for consolidation is so made within one of the categories referred to in (4) APPEAL OF DETENTION ORDER.— within a reasonable time, the claimant may such paragraph (2) and has no interest in any (A) IN GENERAL.—With respect to a tobacco apply to the court of one such jurisdiction tobacco product referred to therein, (B) that product ordered detained under paragraph and such court (after giving the United such claimant has an interest in such equip- (1), any person who would be entitled to be a

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6075 claimant of such tobacco product if the to- nitive, based upon an alleged defect in the cers or employees of the United States) in bacco product were seized under subsection labeling or advertising of any tobacco prod- connection with the destruction provided for (a) may appeal the order to the Adminis- uct distributed for sale domestically. in subsection (a) of this section and the su- trator. Within five days after such an appeal SEC. 508. IMPORTS. pervision of the relabeling or other action is filed, the Administrator, after providing (a) IMPORTS; LIST OF REGISTERED FOREIGN authorized under the provisions of sub- opportunity for an informal hearing, shall ESTABLISHMENTS; SAMPLES FROM UNREGIS- section (b) of this section, the amount of confirm or terminate the order involved, and TERED FOREIGN ESTABLISHMENTS; EXAMINA- such expenses to be determined in accord- such confirmation by the Administrator TION AND REFUSAL OF ADMISSION.—The Sec- ance with regulations, and all expenses in shall be considered a final agency action for retary of Homeland Security shall deliver to connection with the storage, cartage, or purposes of section 702 of title 5, United the Administrator, upon request by the Ad- labor with respect to any tobacco product re- States Code. If during such five-day period ministrator, samples of tobacco products fused admission under subsection (a) of this the Administrator fails to provide such an that are being imported or offered for import section, shall be paid by the owner or con- opportunity, or to confirm or terminate such into the United States, giving notice thereof signee and, in default of such payment, shall order, the order is deemed to be terminated. to the owner or consignee, who may appear constitute a lien against any future importa- (B) EFFECT OF INSTITUTING COURT ACTION.— before the Administrator and have the right tions made by such owner or consignee. The process under subparagraph (A) for the to introduce testimony. The Administrator SEC. 509. TOBACCO PRODUCTS FOR EXPORT. appeal of an order under paragraph (1) termi- shall furnish to the Secretary of Homeland (a) EXEMPTION FOR TOBACCO PRODUCTS EX- nates if the Administrator institutes an ac- Security a list of establishments registered PORTED.—Except as provided in subsection tion under subsection (a) or section 702 re- pursuant to subsection (d) of section 109 of (b), a tobacco product intended for export garding the tobacco product involved. this Act, and shall request that, if any to- shall be exempt from this Act if— SEC. 505. REPORT OF MINOR VIOLATIONS. bacco products manufactured, prepared, or (1) it is not in conflict with the laws of the Nothing in this Act shall be construed as processed in an establishment not so reg- country to which it is intended fore export, requiring the Administrator to report for istered are imported or offered for import as shown by either (A) a document issued by prosecution, or for institution of libel or in- into the United States, samples of such to- the government of that country or (B) a doc- junction proceedings, minor violations of bacco products be delivered to the Adminis- ument provided by a person knowledgeable this Act whenever the Administrator be- trator, with notice of such delivery to the with respect to the relevant laws of that lieves that the public interest will be ade- owner or consignee, who may appear before country and qualified by training and experi- quately served by a suitable written notice the Administrator and have the right to in- ence to opine on whether the tobacco prod- or warning. troduce testimony. If it appears from the ex- uct is or is not in conflict with such laws; SEC. 506. INSPECTION. amination of such samples or otherwise that (2) it is labeled on the outside of the ship- (a) AUTHORITY TO INSPECT.—The Adminis- (1) such tobacco product is forbidden or re- ping package that it is intended for export; trator shall have the power to inspect the stricted in sale in the country in which it and premises of a tobacco product manufacturer was produced or from which it was exported, (3) the particular units of tobacco product for purposes of determining compliance with or (2) such tobacco product is adulterated, intended for export have not been sold or of- this Act, or the regulations promulgated misbranded, or otherwise in violation of this fered for sale in domestic commerce. under it. Officers of the Agency designated Act, then such tobacco product shall be re- (b) PRODUCTS FOR U.S. ARMED FORCES by the Administrator, upon presenting ap- fused admission, except as provided in sub- OVERSEAS.—A tobacco product intended for propriate credentials and a written notice to section (b) of this section. The Secretary of export shall not be exempt from this Act if the person in charge of the premises, are au- Homeland Security shall cause the destruc- it is intended for sale or distribution to thorized to enter, at reasonable times, with- tion of any such tobacco product refused ad- members or units of the Armed Forces of the out a search warrant, any factory, ware- mission unless such tobacco product is ex- United States located outside of the United house, or other establishment in which to- ported, under regulations prescribed by the States. bacco products are manufactured, processed, Secretary of Homeland Security, within (c) This Act shall not apply to a person packaged, or held for domestic distribution. ninety days of the date of notice of such re- that manufactures and/or distributes tobacco Any such inspection shall be conducted with- fusal or within such additional time as may products solely for export under subsection in reasonable limits and in a reasonable be permitted pursuant to such regulations. (a), except to the extent such tobacco prod- manner, and shall be limited to examining (b) DISPOSITION OF REFUSED TOBACCO PROD- ucts are subject to subsection (b). only those things, including but not limited UCTS.—Pending decision as to the admission TITLE VI—MISCELLANEOUS PROVISIONS to records, relevant to determining whether of a tobacco product being imported or of- SEC. 601. USE OF PAYMENTS UNDER THE MASTER violations of this Act, or regulations under fered for import, the Secretary of Homeland SETTLEMENT AGREEMENT AND IN- it, have occurred. No inspection authorized Security may authorize delivery of such to- DIVIDUAL STATE SETTLEMENT by this section shall extend to financial bacco product to the owner or consignee AGREEMENTS. data, sales data other than shipment data, upon the execution by such consignee of a (a) REDUCTION OF GRANT AMOUNTS.—(1) For pricing data, personnel data (other than data good and sufficient bond providing for the fiscal year 2010 and each subsequent fiscal as to qualifications of technical and profes- payment of such liquidated damages in the year, the Secretary shall reduce, as provided sional personnel performing functions sub- event of default as may be required pursuant in subsection (b), the amount of any grant ject to this Act), or research data. A sepa- to regulations of the Secretary of Homeland under section 1921 of the Public Health Serv- rate notice shall be given for each such in- Security. If it appears to the Administrator ice Act (42 U.S.C. § 300x–21) for any State spection, but a notice shall not be required that a tobacco product included within the that spends on tobacco control programs for each entry made during the period cov- provisions of clause (3) of subsection (a) of from the funds received by such State pursu- ered by the inspection. Each such inspection this section can, by relabeling or other ac- ant to the Master Settlement Agreement, shall be commenced and completed with rea- tion, be brought into compliance with this the Florida Settlement Agreement, the Min- sonable promptness. Act or rendered other than a tobacco prod- nesota Settlement Agreement, the Mis- (b) REPORT OF OBSERVATIONS.—Before leav- uct, final determination as to admission of sissippi Memorandum of Understanding, or ing the premises, the officer of the Agency such tobacco product may be deferred and, the Texas Settlement Agreement, as applica- who has supervised or conducted the inspec- upon filing of timely written application by ble, less than 20 percent of the amounts re- tion shall give to the person in charge of the the owner or consignee and the execution by ceived by that State from settlement pay- premises a report in writing setting forth such consignee of a bond as provided in the ments. any conditions or practices that appear to preceding provisions of this subsection, the (2) In the case of a State whose legislature manifest a violation of this Act, or the regu- Administrator may, in accordance with regu- does not convene a regular session in fiscal lations under it. lations, authorize the applicant to perform year 2009 or 2010, and in the case of a State (c) SAMPLES.—If the officer has obtained such relabeling or other action specified in whose legislature does not convene a regular any sample in the course of inspection, prior such authorization (including destruction or session in fiscal year 2010, the requirement to leaving the premises that officer shall export of rejected tobacco products or por- described in subsection (a)(1) as a condition give to the person in charge of the premises tions thereof, as may be specified in the Ad- of receipt of a grant under section 1921 of the a receipt describing the samples obtained. As ministrator’s authorization). All such re- Public Health Service Act shall apply only to each sample obtained, the officer shall labeling or other action pursuant to such au- for fiscal year 2009 and subsequent fiscal furnish promptly to the person in charge of thorization shall in accordance with regula- years. the premises a copy of the sample and of any tions be under the supervision of an officer (b) DETERMINATION OF STATE SPENDING.— analysis made upon the sample. or employee of the Agency designated by the Before making a grant under section 1921 of SEC. 507. EFFECT OF COMPLIANCE. Administrator, or an officer or employee of the Public Health Service Act, section 300x– Compliance with the provisions of this Act the Department of Homeland Security des- 21 of title 42, United States Code, to a State and the regulations promulgated under it ignated by the Secretary of Homeland Secu- for the first applicable fiscal year or any sub- shall constitute a complete defense to any rity. sequent fiscal year, the Secretary shall civil action, including but not limited to any (c) CHARGES CONCERNING REFUSED TOBACCO make a determination of whether, during the products liability action, that seeks to re- PRODUCTS.—All expenses (including travel, immediately preceding fiscal year, the State cover damages, whether compensatory or pu- per diem or subsistence, and salaries of offi- has spent on tobacco control programs, from

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the funds received by such State pursuant to (1) require testing of cigarettes that would (2) VIOLATIONS.—Whoever violates sub- the Master Settlement Agreement, the Flor- be in addition to, or different from, the test- section (a) or an order issued pursuant to ida Settlement Agreement, the Minnesota ing prescribed in subsection (b); or paragraph (1) shall be subject to a civil pen- Settlement Agreement, the Mississippi (2) require a performance standard that is alty in an amount not to exceed $10,000 for Memorandum of Understanding, or the Texas in addition to, or different from, the per- each violation. Settlement Agreement, as applicable, at formance standard set forth in subsection (d) COVERED PROVISIONS OF LAW.—The pro- least the amount referenced in (a)(1). If, (b). visions of law referred to in this subsection after notice to the State and an opportunity (b) TEST METHOD AND PERFORMANCE STAND- are— for a hearing, the Secretary determines that ARD.— (1) the Act of October 19, 1949 (15 U.S.C. 375; the State has spent less than such amount, (1) To the extent a State or political sub- commonly referred to as the ‘‘Jenkins Act’’); the Secretary shall reduce the amount of the division enacts or has enacted legislation or (2) chapter 114 of title 18, United States allotment under section 300x–21 of title 42, a regulation setting a fire safety standard Code; and United States Code, for the State for the fis- for cigarettes, the test method employed (3) this Act. cal year involved by an amount equal to— shall be— (e) DELIVERY SALE DEFINED.—In this sec- (1) in the case of the first applicable fiscal (A) the American Society of Testing and tion, the term ‘‘delivery sale’’ has the mean- year, 10 percent of the amount determined Materials (‘‘ASTM’’) standard E2187–4, enti- ing given that term in 2343(e) of title 18, under section 300x–33 of title 42, United tled ‘‘Standard Test Method for Measuring United States Code, as amended by this Act. States Code, for the State for the fiscal year; the Ignition Strength of Cigarettes’’; SEC. 604. SEVERABILITY. (2) in the case of the first fiscal year fol- (B) for each cigarette on 10 layers of filter If any provision of this Act, the amend- lowing such applicable fiscal year, 20 percent paper; ments made by this Act, or the application of the amount determined under section (C) so that a replicate test of 40 cigarettes of any provision of this Act to any person or 300x–33 of title 42, United States Code, for for each brand style of cigarettes comprises circumstance is held to be invalid, the re- the State for the fiscal year; a complete test trial for that brand style; mainder of this Act, the amendments made (3) in the case of the second such fiscal and by this Act, and the application of the provi- year, 30 percent of the amount determined (D) in a laboratory that has been accred- sions of this Act to any other person or cir- under section 300x–33 of title 42, United ited in accordance with ISO/IEC 17205 of the cumstance shall not be affected, and shall States Code, for the State for the fiscal year; International Organization for Standardiza- continue to be enforced to the fullest extent and tion (‘‘ISO’’) and that has an implemented possible. quality control and quality assurance pro- (4) in the case of the third such fiscal year TITLE VII—TOBACCO GROWER gram that includes a procedure capable of or any subsequent fiscal year, 40 percent of PROTECTION the amount determined under section 300x–33 determining the repeatability of the testing of title 42, United States Code, for the State results to a repeatability value that is no SEC. 701. TOBACCO GROWER PROTECTION. for the fiscal year. greater than 0.19. No provision in this Act shall allow the (2) To the extent a State or political sub- Administrator or any other person to require The Secretary shall not have authority or changes to traditional farming practices, in- discretion to grant to any State a waiver of division enacts or has enacted legislation or a regulation setting a fire safety standard cluding standard cultivation practices, cur- the terms and requirements of this sub- ing processes, seed composition, tobacco section or subsection (a). for cigarettes, the performance standard em- ployed shall be that no more than 25 percent type, fertilization, soil, record keeping, or (c) DEFINITIONS.—For the purposes of this of the cigarettes of that brand style tested in any other requirement affecting farming section— a complete test in accordance with para- practices. (1) The term ‘‘first applicable fiscal year’’ graph (1) exhibit full-length burns TITLE VIII—RESTRICTIONS ON YOUTH AC- means— (c) EXCEPTION TO SUBSECTION (b).—In the CESS TO TOBACCO PRODUCTS AND EX- (A) fiscal year 2011, in the case of any event that a manufacturer of a cigarette POSURE OF YOUTHS TO TOBACCO State described in subsection (a)(2) of this that a State or political subdivision or its re- PRODUCT MARKETING AND ADVER- section; and spective delegated agency determines cannot TISING (B) fiscal year 2010, in the case of any other be tested in accordance with the test method State. SEC. 801. PROHIBITIONS ON YOUTH TARGETING. prescribed in subsection (b)(1)(A), the manu- Effective beginning on the date that is 18 (2) The term ‘‘Florida Settlement Agree- facturer shall propose a test method and per- ment’’ means the Settlement Agreement, to- months after the effective date of this Act, formance standard for the cigarette to the no person shall engage in any of the fol- gether with the exhibits thereto, entered State or political subdivision. Upon approval into on August 25, 1997, between the State of lowing activities or practices in the adver- of the proposed test method and a deter- tising, promotion, or marketing of any to- Florida and signatory tobacco product man- mination by the State or political division ufacturers, as specified therein. bacco product: that the performance standard proposed by (1) The use, or causing the use, of any car- (3) The term ‘‘Master Settlement Agree- the manufacturer is equivalent to the per- ment’’ means the Master Settlement Agree- toon in the advertising, promoting, pack- formance standard prescribed in subsection aging, or labeling of any tobacco product. ment, together with the exhibits thereto, en- (b)(2), the manufacturer may employ such tered into on November 23, 1998, between the (2) The use, or causing the use, of any test method and performance standard to human image in the advertising, promoting, signatory States and signatory tobacco prod- certify such cigarette pursuant to this sub- uct manufacturers, as specified therein. packaging, or labeling of any tobacco prod- section notwithstanding subsection (b). uct, except for the following: (4) The term ‘‘Minnesota Settlement SEC. 603. INSPECTION BY THE ALCOHOL AND TO- Agreement’’ means the Settlement Agree- (A) The use, or continued use, in adver- BACCO TAX TRADE BUREAU OF tising, promoting, marketing, packaging, or ment, together with the exhibits thereto, en- RECORDS OF CERTAIN CIGARETTE tered into on May 8, 1998, between the State AND SMOKELESS TOBACCO SELL- labeling of any human image appearing on a of Minnesota and signatory tobacco product ERS. tobacco product package before December 31, manufacturers, as specified therein. (a) IN GENERAL.—Any officer of the Bureau 2009. (5) The term ‘‘Mississippi Memorandum of of the Alcohol and Tobacco Tax Trade Bu- (B) The use, or continued use, of a human Understanding’’ means the Memorandum of reau may, during normal business hours, image in the advertising, promoting, or mar- Understanding, together with the exhibits enter the premises of any person described in keting of a tobacco product, if conducted thereto and Settlement Agreement con- subsection (b) for the purposes of inspect- solely in an adult-only facility or facilities. templated therein, entered into on July 2, ing— (C) The use, or continued use, of a human 1997, between the State of Mississippi and (1) any records or information required to image in a tobacco product communication signatory tobacco product manufacturers, as be maintained by such person under the pro- means directed solely to persons that the to- specified therein. visions of law referred to in subsection (d); or bacco product manufacturer has a good-faith (6) The term ‘‘Secretary’’ means the Sec- (2) any cigarettes or smokeless tobacco belief are age-verified adults. retary of Health and Human Services. kept or stored by such person at such prem- (3) The advertising of tobacco products in (7) The term ‘‘Texas Settlement Agree- ises. any magazine or newspaper intended for dis- ment’’ means the Settlement Agreement, to- (b) COVERED PERSONS.—Subsection (a) ap- tribution to the general public. gether with the exhibits thereto, entered plies to any person who engages in a delivery (4) The engaging in any brand name spon- into on January 16, 1998, between the State sale, and who ships, sells, distributes, or re- sorship in the United States, other than a of Texas and signatory tobacco product man- ceives any quantity in excess of 10,000 ciga- brand name sponsorship occurring solely in ufacturers, as specified therein. rettes, or any quantity in excess of 500 sin- an adult-only facility or facilities. gle-unit consumer-sized cans or packages of (5) The engaging in any brand name spon- SEC. 602. PREEMPTION OF STATE LAWS IMPLE- smokeless tobacco, within a single month. sorship of any event in the United States in MENTING FIRE SAFETY STANDARD (c) RELIEF.— which any paid participants or contestants FOR CIGARETTES. (1) IN GENERAL.—The district courts of the are youths. (a) IN GENERAL.—With respect to fire safe- United States shall have the authority in a (6) The sponsoring of any athletic event be- ty standards for cigarettes, no State or polit- civil action under this subsection to compel tween opposing teams in any football, bas- ical subdivision shall— inspections authorized by subsection (a). ketball, baseball, soccer, or hockey league.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.067 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6077 (7)(A) The securing of a right, by agree- (A) Performance media for which the audi- prize, based on redemption of a proof-of-pur- ment, to name any stadium or arena located ence or viewers are within one or more chase, coupon, or other item awarded as a re- within the United States with a brand name; adult-only facilities, if such performance sult of the purchase or use of a tobacco prod- or media are not audible or visible to persons uct. (B) otherwise causing a stadium or arena outside such adult-only facility or facilities. (22) The making of, or causing to be made, located within the United States to be (B) Performance media not intended to be any payment or the payment of, or causing named with a brand name. heard or viewed by the general public. to be paid, any other consideration, to any (8) The securing of a right by agreement (A) Instructional performance media that other person with regard to the display or pursuant to which payment is made or other concern tobacco products and their use, and placement of any cigarettes, or any adver- consideration is provided to use a brand that are intended to be heard or viewed only tising for cigarettes, in any retail establish- name in association with any football, bas- by, or provided only to, age-verified adults. ment that is not an adult-only facility. ketball, baseball, soccer, or hockey league, (A) Performance media used in tobacco TITLE IX—USER FEES or any team involved in any such league. product communications to age-verified (9) The use of, or causing the use of, by adults. SEC. 901. USER FEES. agreement requiring the payment of money (14) Engaging in outdoor advertising or (a) ASSESSMENT OF USER FEES.—The Ad- or other consideration, a brand name with transit advertisements of tobacco products ministrator shall assess an annual user fee any nationally recognized or nationally es- within the United States, except for the fol- for each fiscal year beginning in fiscal year tablished trade name or brand designation of lowing: 2010, in an amount calculated in accordance any non-tobacco item or service, or any na- (A) Advertising that is within an adult- with this section, upon each tobacco product tionally recognized or nationally established only facility. manufacturer (including each importer) that sports team, entertainment group or indi- (B) The use of outdoor advertising for pur- is subject to this Act. vidual celebrity for purposes of advertising, poses of identification of an adult-only facil- (b) USE OF FEE.—The Administrator shall except for an agreement between or among ity, to the extent that such outdoor adver- utilize an amount equal to the amount of persons that enter into such agreement for tising is placed at the site, premises, or loca- user fees collected under this section in each the sole purpose of avoiding infringement tion of the adult-only facility. fiscal year to pay for the costs of the activi- claims. (C) The use of outdoor advertising in iden- ties of the Tobacco Regulatory Agency re- (10) The license, express authorization, or tifying a brand name sponsorship at an lated to the regulation of tobacco products otherwise causing of any person to use or ad- adult-only facility, if such outdoor adver- under this Act. vertise within the United States any brand tising— (c) AMOUNT OF FEE.— name in a manner that— (i) is placed at the site, premises, or loca- (1) IN GENERAL.—Except as provided in (A) does not pertain to a tobacco product; tion of the adult-only facility where such paragraph (2), the total amount of user fees or brand name sponsorship will occur no more assessed for each fiscal year pursuant to this (B) causes that person to use the brand than 30 days before the start of the initial section shall be sufficient, and shall not ex- name to advertise, promote, package or sponsored event; and label, distribute, or sell any product or serv- (ii) is removed within 10 days after the end ceed the amount necessary, to pay for the ice that is not a tobacco product. of the last sponsored event. costs of the activities described in sub- (11) The marketing, distribution, offering, (15) The distribution or sale domestically section (b) for that fiscal year. selling, licensing, or authorizing of, or the of any package or other container of ciga- (2) TOTAL.—The total assessment under causing to be marketed, distributed, offered, rettes containing fewer than 20 cigarettes. this section— sold, licensed, or authorized, any apparel or (16) The advertising of tobacco products on (A) for fiscal year 2010 shall be $100,000,000; other merchandise (other than a tobacco any broadcast, cable, or satellite trans- and product) bearing a brand name, except— mission to a television or radio receiver, or (B) for each subsequent fiscal year, shall (A) apparel or other merchandise that is other medium of electronic communication not exceed the limit on the assessment im- used by individuals representing a tobacco subject to the jurisdiction of the Federal posed during the previous fiscal year, as ad- product manufacturer within an adult-only Communications Commission, except elec- justed by the Administrator (after notice, facility and that is not distributed, by sale tronic communications— published in the Federal Register) to reflect or otherwise, to any member of the general (A) contained on log-in or home pages con- the greater of— public; taining no tobacco product advertising other (i) the total percentage change that oc- (B) apparel or merchandise provided to an than brand name identification; curred in the Consumer Price Index for all adult employee of a tobacco product manu- (B) in an adult-only facility or facilities; or urban consumers (all items; United States facturer for use by such employee; (C) through the Internet or other indi- city average) for the 12-month period ending (C) items or materials used to hold or dis- vidual user-accessible electronic commu- on June 30 preceding the fiscal year for play tobacco products at retail; nication means, including websites acces- which fees are being established; or (D) items or materials the sole function of sible using the Internet, if the advertiser (ii) the total percentage change for the pre- which is to advertise tobacco products; takes reasonable action to restrict access to vious fiscal year in basic pay under the Gen- (E) written or electronic publications; individuals who are adults by— eral Schedule in accordance with section 5332 (F) coupons or other items used by adults (i) requiring individuals accessing such of title 5, United States Code, as adjusted by solely in connection with the purchase of to- electronic communications to be age-verified any locality-based comparability payment bacco products; adults, and pursuant to section 5304 of such title for Fed- (G) that the composition, structure, form, (ii) making good faith efforts to verify that eral employees stationed in the District of or appearance of any tobacco product, pack- such individuals are adults. Columbia. age, label, or labeling shall not be affected (18) The distribution or sale of tobacco (3) NOTIFICATION.—The Administrator shall by the prohibitions of this paragraph; and products directly to consumers by mail or notify each tobacco product manufacturer (H) that no person shall be required to re- courier, unless the person receiving purchase subject to this section of the amount of the trieve, collect or otherwise recover any item requests for tobacco products takes reason- annual assessment imposed on such tobacco or material that was marketed, distributed, able action to prevent delivery to individuals product manufacturer under subsection (d). offered, sold, licensed, or caused to be mar- who are not adults by— Such notifications shall occur not later than keted, distributed, offered, sold, or licensed (A) requiring that the addressees of the to- the July 31 prior to the beginning of the fis- by such person. bacco products be age-verified adults; cal year for which such assessment is made, (12) The distribution, or causing the dis- (B) making good faith efforts to verify that and payments of all assessments shall be tribution, of any free sample domestically, such addressees are adults; and made not later than 60 days after each such except in an adult-only facility or facilities (C) addressing the tobacco products deliv- notification. Such notification shall contain to individuals who are age-verified adults. ered by mail, courier or common carrier to a a complete list of the assessments imposed (13) The making of, or causing to be made, physical address and not a post office box. on tobacco product manufacturers for that any payment or the payment of, or causing (19) The providing of any gift of a non-to- fiscal year. to be paid, any other consideration to any bacco product, except matches, in connec- (d) LIABILITY OF TOBACCO PRODUCT MANU- other person to use, display, make reference tion with the purchase of a tobacco product. FACTURERS FOR USER FEES.— to, or use as a prop in any performance me- (20) The engaging in the sponsorship or (1) IN GENERAL.—The user fee to be paid by dium (for the purposes of this paragraph, the promotion, or causing the sponsorship or each tobacco product manufacturer shall be terms ‘‘performance medium’’ and ‘‘perform- promotion, of any consumer sweepstakes, determined in each fiscal year by multi- ance media’’ mean any motion picture, tele- contest, drawing, or similar activity result- plying— vision show, theatrical production or other ing in the award of a prize in connection (A) such tobacco product manufacturer’s live performance, live or recorded perform- with advertising. market share of tobacco products, as deter- ance of music, commercial film or video, or (21) The offering, promoting, conducting, mined under regulations issued pursuant to video game), any tobacco product, tobacco or authorizing, or causing to be offered, pro- subsection (e); by product package, advertisement for a to- moted, conducted, or authorized, any con- (B) the total user fee assessment for such bacco product, or any other item bearing a sumer sweepstakes, drawing, contest, or fiscal year, as determined under subsection brand name; except for the following: other activity resulting in the award of a (c).

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(2) LIMITATION.—Except as provided in (i) by striking ‘‘drug, and (G)’’ and insert- (B) in subsection (d), by adding at the end paragraph (3), no tobacco product manufac- ing ‘‘drug; (G)’’; and the following paragraph: turer shall be required to pay a percentage of (ii) by inserting before the period the fol- ‘‘(7) To the extent consistent with the reg- a total annual user fee for all tobacco prod- lowing: ‘‘; and (H) the information required ulation of devices, the provisions of section uct manufacturers that exceeds the market under paragraph (7)’’; and 505(b)(7) (relating to clinical data submis- share of such manufacturer. (B) by adding at the end the following: sion) apply with respect to an application for (3) FAILURE TO PAY.—If— ‘‘(7)(A) With respect to clinical data in an premarket approval of a device under sub- (A) a tobacco product manufacturer fails application under this subsection, the Sec- section (c) of this section to the same extent to pay its user fee share in full by the due retary may deny such an application if the and in the same manner as such provisions date; application fails to meet the requirements of apply with respect to an application for pre- (B) the Administrator, after diligent in- sections 314.50(d)(5)(v) and 314.50(d)(5)(vi)(a) market approval of a drug under section quiry, concludes that such manufacturer is of title 21, Code of Federal Regulations. 505(b).’’. unlikely to pay its user fee share in full by ‘‘(B) The Secretary shall modify the sec- (2) INVESTIGATIONAL DEVICES.—Section the time such payment will be needed by the tions referred to in subparagraph (A) to re- 520(g)(2) of the Federal Food, Drug, and Cos- Administrator; and quire that an application under this sub- metic Act (21 U.S.C. 360j(g)(2)) is amended by (C) the Administrator and the Department section include any clinical data possessed adding at the end the following subpara- of Justice make diligent efforts to obtain by the applicant that relates to the safety or graph: payment in full from such tobacco product effectiveness of the drug involved by gender, ‘‘(D) To the extent consistent with the reg- manufacturer; age, and racial subgroup. ulation of devices, the provisions of section ‘‘(C) Promptly after approving an applica- the Administrator may re-allocate the un- 505(i)(5) (relating to individual study infor- tion under this subsection, the Secretary paid amount owed by that tobacco product mation) apply with respect to an application shall, through an Internet site of the Depart- manufacturer to the other tobacco product for an exemption pursuant to subparagraph ment of Health and Human Services, make manufacturers on the basis of their respec- (A) of this paragraph to the same extent and available to the public the information sub- tive market shares. If the Administrator in the same manner as such provisions apply mitted to the Secretary pursuant to subpara- takes such action, the Administrator shall with respect to an application for an exemp- graphs (A) and (B), subject to sections 301(j) set a reasonable time, not less than 60 days tion under section 505(i).’’. and 520(h)(1) of this Act, subsection (b)(4) of from the date of the notice of the amount (d) RULES OF CONSTRUCTION.—This Act and section 552 of title 5, United States Code due, for payment of that amount. If and to the amendments made by this Act may not (commonly referred to as the ‘Freedom of In- the extent that the Administrator ulti- be construed— formation Act’), and other provisions of law mately receives from that tobacco product (1) as establishing new requirements under that relate to trade secrets or confidential manufacturer or any successor to such to- the Federal Food, Drug, and Cosmetic Act commercial information. relating to the design of clinical investiga- bacco product manufacturer any payment in ‘‘(D) The Secretary shall develop guidance respect of the previously unpaid obligation, tions that were not otherwise in effect on for staff of the Food and Drug Administra- the day before the date of the enactment of the Administrator shall credit such payment tion to ensure that applications under this to the tobacco product manufacturers that this Act; or subsection are adequately reviewed to deter- (2) as having any effect on the authority of paid portions of the re-allocated amount, in mine whether the applications include the proportion to their respective payments of the Secretary of Health and Human Services information required pursuant to subpara- to enforce regulations under the Federal such amount. graphs (A) and (B).’’. (e) REGULATIONS.—Not later than 12 Food, Drug, and Cosmetic Act that are not (2) INVESTIGATIONAL NEW DRUG APPLICA- months after the date of enactment of this expressly referenced in this Act or the TIONS.—Section 505(i) of the Federal Food, Act, the Administrator shall, by regulation, amendments made by this Act. establish a system for determining the mar- Drug, and Cosmetic Act (21 U.S.C. 355(i)) is (e) APPLICATION.—This section and the ket shares of tobacco products for each to- amended— amendments made by this section apply only bacco product manufacturer subject to this (A) in paragraph (2), by striking ‘‘Subject with respect to applications received under section. In promulgating regulations under to paragraph (3),’’ and inserting ‘‘Subject to section 505 or 515 of the Federal Food, Drug, this subsection, the Administrator shall— paragraphs (3) and (5),’’ ; and and Cosmetic Act (21 U.S.C. 355, 360e) or sec- (1) take into account the differences be- (B) by adding at the end the following: tion 351 of the Public Health Service Act (42 tween categories and subcategories of to- ‘‘(5)(A) The Secretary may place a clinical U.S.C. 262) on or after the date of the enact- bacco products in terms of sales, manner of hold (as described in paragraph (3)) on an in- ment of this Act. unit packaging, and any other factors rel- vestigation if the sponsor of the investiga- evant to the calculation of market share for tion fails to meet the requirements of sec- SA 1246. Mr. BURR (for himself and a tobacco product manufacturer; tion 312.33(a) of title 21, Code of Federal Reg- Mrs. HAGAN) submitted an amendment (2) take into account that different tobacco ulations. ‘‘(B) The Secretary shall modify the sec- intended to be proposed to amendment product manufacturers rely to varying de- tion referred to in subparagraph (A) to re- SA 1247 proposed by Mr. DODD to the grees on the sales of different categories and quire that reports under such section include bill H.R. 1256, to protect the public subcategories of tobacco products; and any clinical data possessed by the sponsor of health by providing the Food and Drug (3) provide that the market share of to- the investigation that relates to the safety bacco products for each tobacco product Administration with certain authority or effectiveness of the drug involved by gen- manufacturer shall be recalculated on an an- to regulate tobacco products, to amend der, age, and racial subgroup.’’. nual basis. title 5, United States Code, to make (b) BIOLOGICAL PRODUCT LICENSE APPLICA- certain modifications in the Thrift SA 1245. Ms. STABENOW (for herself TIONS.—Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by Savings Plan, the Civil Service Retire- and Ms. MURKOWSKI) submitted an adding at the end the following: ment System, and the Federal Employ- amendment intended to be proposed by ‘‘(k) The provisions of section 505(b)(7) of ees’ Retirement System, and for other her to the bill H.R. 1256, to protect the the Federal Food, Drug, and Cosmetic Act purposes; as follows: public health by providing the Food (relating to clinical data submission) apply Strike all after the enacting clause and in- and Drug Administration with certain with respect to an application under sub- sert the following: section (a) of this section to the same extent authority to regulate tobacco products, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and in the same manner as such provisions to amend title 5, United States Code, (a) SHORT TITLE.—This Act may be cited as apply with respect to an application under to make certain modifications in the the ‘‘Preventing Disease and Death from To- section 505(b) of such Act.’’. bacco Use Act’’. Thrift Savings Plan, the Civil Service (c) DEVICES.— (b) TABLE OF CONTENTS.—The table of con- Retirement System, and the Federal (1) PREMARKET APPROVAL.—Section 515 of tents of this Act is as follows: Employees’ Retirement System, and the Federal Food, Drug, and Cosmetic Act for other purposes; which was ordered (21 U.S.C. 360e) is amended— Sec. 1. Short title; table of contents. to lie on the table; as follows: (A) in subsection (c)(1)— Sec. 2. Findings. Sec. 3. Purpose. At the appropriate place, insert the fol- (i) in subparagraph (G)— Sec. 4. Scope and effect. lowing: (I) by moving the margin 2 ems to the left; and Sec. 5. Severability. SEC. l. REPORTING OF DATA IN APPLICATIONS Sec. 6. Effective date. FOR DRUGS, BIOLOGICAL PROD- (II) by striking ‘‘and’’ after the semicolon UCTS, AND DEVICES. at the end; TITLE I—AUTHORITY OF THE TOBACCO (a) DRUGS.— (ii) by redesignating subparagraph (H) as HARM REDUCTION CENTER (1) NEW DRUG APPLICATIONS.—Section 505(b) subparagraph (I); and Sec. 100. Definitions. of the Federal Food, Drug, and Cosmetic Act (iii) by inserting after subparagraph (G) Sec. 101. Center authority over tobacco (21 U.S.C. 355(b)) is amended— the following subparagraph: products. (A) in paragraph (1), in the second sen- ‘‘(H) the information required under sub- Sec. 102. Exclusion of other regulatory pro- tence— section (d)(7); and’’; and grams.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0655 E:\CR\FM\A03JN6.068 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6079 Sec. 103. Existing Federal statutes main- (1) Cigarette smoking is a leading cause of (16) There is substantial scientific evidence tained. preventable deaths in the United States. Cig- that selected smokeless tobacco products Sec. 104. Proceedings in the name of the arette smoking significantly increases the can satisfy the nicotine addiction of invet- United States; subpoenas; pre- risk of developing lung cancer, heart disease, erate smokers while eliminating most, if not emption of State and local law; chronic bronchitis, emphysema and other se- all, risk of pulmonary and cardiovascular no private right of action. rious diseases with adverse health condi- complications of smoking and while reducing Sec. 105. Adulterated tobacco products. tions. the risk of cancer by more than 95 percent. Sec. 106. Misbranded tobacco products. (2) The risk for serious diseases is signifi- (17) Transitioning smokers to selected Sec. 107. Submission of health information cantly affected by the type of tobacco prod- smokeless tobacco products will eliminate to the Administrator. uct and the frequency, duration and manner environmental tobacco smoke and fire-re- Sec. 108. Registration and listing. of use. lated hazards. Sec. 109. General provisions respecting con- (3) No tobacco product has been shown to (18) Current ‘‘abstain, quit, or die’’ tobacco trol of tobacco products. be safe and without risks. The health risks control policies in the United States may Sec. 110. Smoking article standards. associated with cigarettes are significantly have reached their maximum possible public Sec. 111. Notification and other remedies. greater than those associated with the use of health benefit because of the large number of Sec. 112. Records and reports on tobacco smoke-free tobacco and nicotine products. products. (4) Nicotine in tobacco products is addict- cigarette smokers either unwilling or unable Sec. 113. Application for review of certain ive but is not considered a significant threat to discontinue their addiction to nicotine. smoking articles. to health. (19) There is evidence that harm reduction Sec. 114. Reduced risk tobacco products. (5) It is the smoke inhaled from burning to- works and can be accomplished in a way that Sec. 115. Judicial review. bacco which poses the most significant risk will not increase initiation or impede smok- Sec. 116. Jurisdiction of and coordination of serious diseases. ing cessation. with the Federal Trade Com- (6) Quitting cigarette smoking signifi- (20) Health-related agencies and organiza- mission. cantly reduces the risk for serious diseases. tions, both within the United States and Sec. 117. Regulation requirement. (7) Adult tobacco consumers have a right abroad have already gone on record endors- Sec. 118. Preservation of State and local au- to be fully and accurately informed about ing Harm Reduction as an approach to fur- thority. the risks of serious diseases, the significant ther reducing tobacco related illness and Sec. 119. Tobacco Products Scientific Advi- differences in the comparative risks of dif- death. sory Committee. ferent tobacco and nicotine-based products, (21) Current Federal policy requires to- Sec. 120. Drug products used to treat to- and the benefits of quitting. This informa- bacco product labeling that leaves the incor- bacco dependence. tion should be based on sound science. rect impression that all tobacco product TITLE II—TOBACCO PRODUCTS WARN- (8) Governments, public health officials, present equal risk. tobacco manufacturers and others share a re- INGS; CONSTITUENT AND SMOKE CON- SEC. 3. PURPOSE. STITUENT DISCLOSURE sponsibility to provide adult tobacco con- sumers with accurate information about the Sec. 201. Cigarette label and advertising The purposes of this Act are— various health risks and comparative risks warnings. (1) to provide authority to the Tobacco associated with the use of different tobacco Sec. 202. Smokeless tobacco labels and ad- Harm Reduction Center by recognizing it as and nicotine products. vertising warnings. the primary Federal regulatory authority (9) Tobacco products should be regulated in with respect to tobacco products as provided TITLE III—PUBLIC DISCLOSURES BY a manner that is designed to achieve signifi- for in this Act; TOBACCO PRODUCTS MANUFACTURERS cant and measurable reductions in the mor- (2) to ensure that the Center has the au- Sec. 301. Disclosures on packages of tobacco bidity and mortality associated with tobacco thority to address issues of particular con- products. use. Regulations should enhance the infor- cern to public health officials, especially the Sec. 302. Disclosures on packages of smoke- mation available to adult consumers to per- use of tobacco by young people and depend- less tobacco. mit them to make informed choices, and en- ence on tobacco; Sec. 303. Public disclosure of ingredients. courage the development of tobacco and nic- (3) to authorize the Center to set national TITLE IV—PREVENTION OF ILLICIT otine products with lower risks than ciga- standards controlling the manufacture of to- TRADE IN TOBACCO PRODUCTS rettes currently sold in the United States. bacco products and the identity, public dis- (10) The form of regulation should be based Sec. 401. Study and report on illicit trade. closure, and amount of ingredients used in Sec. 402. Amendment to section 1926 of the on the risks and comparative risks of to- such products; bacco and nicotine products and their respec- Public Health Service Act. (4) to provide new and flexible enforcement tive product categories. Sec. 403. Establishment of rankings. authority to ensure that there is effective (11) The regulation of marketing of tobacco oversight of the tobacco industry’s efforts to TITLE V—ENFORCEMENT PROVISIONS products should be consistent with constitu- develop, introduce, and promote less harmful Sec. 501. Prohibited acts. tional protections and enhance an adult con- tobacco products; Sec. 502. Injunction proceedings. sumer’s ability to make an informed choice (5) to vest the Center with the authority to Sec. 503. Penalties. by providing accurate information on the Sec. 504. Seizure. risks and comparative risks of tobacco prod- regulate the levels of tar, nicotine, and other Sec. 505. Report of minor violations. ucts. harmful components of tobacco products; Sec. 506. Inspection. (12) Reducing the diseases and deaths asso- (6) to ensure that consumers are better in- Sec. 507. Effect of compliance. ciated with the use of cigarettes serves pub- formed regarding the relative risks for death Sec. 508. Imports. lic health goals and is in the best interest of and disease between categories of tobacco Sec. 509. Tobacco products for export. consumers and society. Harm reduction products; (7) to continue to allow the sale of tobacco TITLE VI—MISCELLANEOUS PROVISIONS should be the critical element of any com- prehensive public policy surrounding the products to adults in conjunction with meas- Sec. 601. Use of payments under the master ures to ensure that they are not sold or ac- settlement agreement and indi- health consequences of tobacco use. (13) Significant reductions in the harm as- cessible to underage purchasers; vidual State settlement agree- (8) to impose appropriate regulatory con- ments. sociated with the use of cigarettes can be achieved by providing accurate information trols on the tobacco industry; Sec. 602. Inspection by the alcohol and to- (9) to promote prevention, cessation, and bacco tax trade bureau of regarding the comparative risks of tobacco products to adult tobacco consumers, there- harm reduction policies and regulations to records of certain cigarette and reduce disease risk and the social costs asso- smokeless tobacco sellers. by encouraging smokers to migrate to the ciated with tobacco-related diseases; Sec. 603. Severability. use of smoke-free tobacco and nicotine prod- ucts, and by developing new smoke-free to- (10) to provide authority to the Depart- TITLE VII—TOBACCO GROWER bacco and nicotine products and other ac- ment of Health and Human Services to regu- PROTECTION tions. late tobacco products; Sec. 701. Tobacco grower protection. (14) Governments, public health officials, (11) to establish national policies that ef- TITLE VIII—RESTRICTIONS ON YOUTH manufacturers, tobacco producers and con- fectively reduce disease and death associated ACCESS TO TOBACCO PRODUCTS AND sumers should support the development, pro- with cigarette smoking and other tobacco EXPOSURE OF YOUTHS TO TOBACCO duction, and commercial introduction of to- use; PRODUCT MARKETING AND ADVER- bacco leaf, and tobacco and nicotine-based (12) to establish national policies that en- TISING products that are scientifically shown to re- courage prevention, cessation, and harm re- Sec. 801. Prohibitions on youth targeting. duce the risks associated with the use of ex- duction measures regarding the use of to- isting tobacco products, particularly ciga- bacco products; TITLE IX—MISCELLANEOUS PROVISIONS rettes. (13) to encourage current cigarette smok- Sec. 901. User fees. (15) Adult tobacco consumers should have ers who will not quit to use noncombustible SEC. 2. FINDINGS. access to a range of commercially viable to- tobacco or nicotine products that have sig- The Congress finds the following: bacco and nicotine-based products. nificantly less risk than cigarettes;

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE S6080 CONGRESSIONAL RECORD — SENATE June 3, 2009 (14) to establish national policies that ac- (4) The term ‘‘advertising’’ means a com- (B) to identify, advertise, or promote such curately and consistently inform adult to- munication to the general public by a to- event or an entrant, participant, or team in bacco consumers of significant differences in bacco product manufacturer, distributor, re- such event in any other way. risk between respective tobacco products; tailer, or its agents, which identifies a to- (11) The term ‘‘brand style’’ means a to- (15) to establish national policies that en- bacco product by brand name and is intended bacco product having a brand name, and dis- courage and assist the development and by such manufacturer, distributor, retailer, tinguished by the selection of the tobacco, awareness of noncombustible tobacco and or its agents to promote purchases of such ingredients, structural materials, format, nicotine products; tobacco product. Such term shall not in- configuration, size, package, product (16) to coordinate national and State pre- clude— descriptor, amount of tobacco, or yield of vention, cessation, and harm reduction pro- (A) any advertising or other communica- ‘‘tar’’ or nicotine. grams; tion in any tobacco trade publication or to- (12) The term ‘‘carton’’ means a container (17) to impose measures to ensure tobacco bacco trade promotional material; into which packages of tobacco products are products are not sold or accessible to under- (B) the content of any scientific publica- directly placed for distribution or sale, but age purchasers; and tion or presentation, or any patent applica- does not include cases intended for shipping. (18) to strengthen Federal and State legis- tion or other communication to the United Such term includes a carton containing 10 lation to prevent illicit trade in tobacco States Patent and Trademark Office or any packages of cigarettes. products. similar office in any other country; (13) The term ‘‘cartoon’’ means any draw- SEC. 4. SCOPE AND EFFECT. (C) any corporate or financial report or fi- ing or other depiction of an object, person, (a) INTENDED EFFECT.—Nothing in this Act nancial communication; animal, creature or any similar caricature (or an amendment made by this Act) shall be (D) any communication to a lending insti- that satisfies any of the following criteria: construed to— tution or to securities holders; (A) The use of comically exaggerated fea- (1) establish a precedent with regard to any (E) any communication not intended for tures. other industry, situation, circumstance, or public display or public exposure, except (B) The attribution of human characteris- legal action; that a direct mailing or direct electronic tics to animals, plants or other objects, or (2) affect any action pending in Federal, communication of what otherwise is adver- the similar use of anthropomorphic tech- State, or Tribal court, or any agreement, tising shall be deemed to be advertising; nique. consent decree, or contract of any kind; or (F) any communication in, on, or within a (C) The attribution of unnatural or (3) be applicable to tobacco products or factory, office, plant, warehouse, or other fa- extrahuman abilities, such as impervious- component parts manufactured in the United cility related to or associated with the devel- ness to pain or injury, X-ray vision, tun- States for export. opment, manufacture, or storage of tobacco neling at very high speeds, or trans- (b) AGRICULTURAL ACTIVITIES.—The provi- products; formation. (G) any communication to any govern- sions of this Act (or an amendment made by The term does not include any drawing or this Act) which authorize the Administrator mental agency, body, official, or employee; (H) any communication to any journalist, other depiction that, on the effective date of to take certain actions with regard to to- this Act, was in use in the United States in bacco and tobacco products shall not be con- editor, Internet blogger, or other author; (I) any communication in connection with any tobacco product manufacturer’s cor- strued to affect any authority of the Sec- porate logo or in any tobacco product manu- retary of Agriculture under existing law re- litigation, including arbitration and like proceedings; or facturer’s tobacco product packaging. garding the growing, cultivation, or curing (14) The term ‘‘cigar’’ has the meaning as- of raw tobacco. (J) any editorial advertisement that ad- dresses a public issue. signed that term by the Alcohol and Tobacco (c) REVENUE ACTIVITIES.—The provisions of Tax and Trade Bureau in section 40.11 of title this Act (or an amendment made by this (5) The term ‘‘affiliate’’ means a person that directly or indirectly owns or controls, 27, Code of Federal Regulations. Act) which authorize the Administrator to (15) The term ‘‘cigarette’’ means— take certain actions with regard to tobacco is owned or controlled by, or is under com- mon ownership or control with, another per- (A) any roll of tobacco wrapped in paper or products shall not be construed to affect any in any substance not containing tobacco; or authority of the Secretary of the Treasury son. The terms ‘‘owns,’’ ‘‘is owned’’, and ‘‘ownership’’ refer to ownership of an equity (B) any roll of tobacco wrapped in any sub- under chapter 52 of the Internal Revenue stance containing tobacco which, because of Code of 1986. interest, or the equivalent thereof, of 50 per- cent or more. the appearance of the roll of tobacco, the SEC. 5. SEVERABILITY. (6) The term ‘‘Agency’’ means the Tobacco type of tobacco used in the filler, or its pack- If any provision of this Act, the amend- Regulatory Agency. age or labeling, is likely to be offered to, or ments made by this Act, or the application (7) The term ‘‘age-verified adult’’ means purchased by, consumers as a cigarette de- of any provision of this Act to any person or any individual who is an adult and— scribed in subparagraph (A). circumstance is held to be invalid, the re- (A) who has stated or acknowledged, after (16) The term ‘‘competent and reliable sci- mainder of this Act, the amendments made being asked, that he or she is an adult and a entific evidence’’ means evidence based on by this Act, and the application of the provi- tobacco product user, and has presented tests, analyses, research, or studies, con- sions of this Act to any other person or cir- proof of age identifying the individual and ducted and evaluated in an objective manner cumstance shall not be affected and shall verifying that the individual is an adult; or by individuals qualified to do so, using proce- continue to be enforced to the fullest extent (B) whose status as an adult has been dures generally accepted in the relevant sci- possible. verified by a commercially available data- entific disciplines to yield accurate and reli- SEC. 6. EFFECTIVE DATE. base of such information. able results. Except as otherwise specifically provided, (8) The term ‘‘annual report’’ means a to- (17) The term ‘‘distributor’’ means any per- the effective date of this Act shall be the bacco product manufacturer’s annual report son who furthers the distribution of tobacco date of its enactment. to the Agency, which provides ingredient in- products, whether domestic or imported, at TITLE I—AUTHORITY OF THE TOBACCO formation and nicotine yield ratings for each any point from the original place of manu- HARM REDUCTION CENTER brand style that tobacco product manufac- facture to the person who sells or distributes SEC. 100. DEFINITIONS. turer manufactures for commercial distribu- the tobacco product to individuals for per- In this Act: tion domestically. sonal consumption. Common carriers, retail- (1) The term ‘‘Administrator’’ means the (9) The term ‘‘brand name’’ means a brand ers, and those engaged solely in advertising chief executive of the Tobacco Regulatory name of a tobacco product distributed or are not considered distributors for purposes Agency (the Agency responsible for admin- sold domestically, alone, or in conjunction of this Act. istering and enforcing this Act and regula- with any other word, trademark, logo, sym- (18) The terms ‘‘domestic’’ and ‘‘domesti- tions promulgated pursuant to this Act). bol, motto, selling message, recognizable cally’’ mean within the United States, in- (2) The term ‘‘adult’’ means any individual pattern of colors, or any other indicium of cluding activities within the United States who has attained the minimum age under ap- product identification identical or similar involving advertising, marketing, distribu- plicable State law to be an individual to to, or identifiable with, those used for any tion, or sale of tobacco products that are in- whom tobacco products may lawfully be domestic brand of tobacco product. The term tended for consumption within the United sold. shall not include the corporate name of any States. (3) The term ‘‘adult-only facility’’ means a tobacco product manufacturer that does not, (19) The term ‘‘human image’’ means any facility or restricted area, whether open-air after the effective date of this Act, sell a photograph, drawing, silhouette, statue, or enclosed, where the operator ensures, or brand style of tobacco product in the United model, video, likeness, or depiction of the has a reasonable basis to believe, that no States that includes such corporate name. appearance of a human being, or the appear- youth is present. A facility or restricted area (10) The term ‘‘brand name sponsorship’’ ance of any portion of the body of a human need not be permanently restricted to adults means an athletic, musical, artistic, or other being. in order to constitute an adult-only facility, social or cultural event, series, or tour, with (20) The term ‘‘illicit tobacco product’’ if the operator ensures, or has a reasonable respect to which payment is made, or other means any tobacco product intended for use basis to believe, that no youth is present consideration is provided, in exchange for by consumers in the United States— during any period of operation as an adult- use of a brand name or names— (A) as to which not all applicable duties or only facility. (A) as part of the name of the event; or taxes have been paid in full;

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6081 (B) that has been stolen, smuggled, or is (B) the holding, storing or transporting of resentation also contains the disclosure re- otherwise contraband; a tobacco product by a common carrier for quired by section 108(h). (C) that is counterfeit; or hire, a public warehouse, a testing labora- (40) The term ‘‘retailer’’ means any person (D) that has or had a label, labeling, or tory, a distributor, or a retailer. that— packaging stating, or that stated, that the (32) The term ‘‘nicotine-containing prod- (A) sells tobacco products to individuals product is or was for export only, or that it uct’’ means a product intended for human for personal consumption; or is or was at any time restricted by section consumption, other than a tobacco product, (B) operates a facility where the sale of to- 5704 of title 26, United States Code. that contains added nicotine, produced and bacco products to individuals for personal (21) The term ‘‘illicit trade’’ means any intended to be absorbed from the skin, consumption is permitted. transfer, distribution, or sale in interstate mouth, or nose, or inhaled as a vapor or aer- (41) The term ‘‘sample’’ means a tobacco commerce of any illicit tobacco product. osol. product distributed to members of the public (22) The term ‘‘immediate container’’ does (33) The term ‘‘outdoor advertising’’— at no cost for the purpose of promoting the not include package liners. (A) except as provided in subparagraph (B), product, but excludes tobacco products dis- (23) The term ‘‘Indian tribe’’ has the mean- means— tributed— ing assigned that term in section 4(e) of the (i) billboards; (A) in conjunction with the sale of other Indian Self Determination and Education As- (ii) signs and placards in arenas, stadiums, sistance Act (25 U.S.C. 450b(e)). shopping malls, and video game arcades tobacco products; (24) The term ‘‘ingredient’’ means tobacco (whether any of such are open air or en- (B) for market research, medical or sci- and any substance added to tobacco to have closed), but not including any such sign or entific study or testing, or teaching; an effect in the final tobacco product or placard located in an adult-only facility; and (C) to persons employed in the trade; when the final tobacco product is used by a (iii) any other advertisements placed out- (D) to adult consumers in response to con- consumer. doors; and sumer complaints; or (25) The term ‘‘International Organization (B) does not include— (E) to employees of the manufacturer of for Standardization (ISO) testing regimen’’ (i) an advertisement on the outside of a to- the tobacco product. means the methods for measuring cigarette bacco product manufacturing facility; or (42) The term ‘‘small business’’ means a to- smoke yields, as set forth in the most recent (ii) an advertisement that— bacco product manufacturer that— version of ISO 3308, entitled ‘‘Routine ana- (I) is inside a retail establishment that (A) has 150 or fewer employees; and lytical cigarette-smoking machine—Defini- sells tobacco products (other than solely (B) during the 3-year period prior to the tion of standard conditions’’; ISO 4387, enti- through a vending machine or vending ma- current calendar year, had an average an- tled ‘‘Cigarettes—Determination of total and chines); nual gross revenue from tobacco products nicotine-free dry particulate matter using a (II) is placed on the inside surface of a win- that did not exceed $40,000,000. routine analytical smoking machine’’; ISO dow facing outward; and (43) The term ‘‘smokeless tobacco product’’ 10315, entitled ‘‘Cigarettes—Determination of (III) is no larger than 14 square feet. means any form of finely cut, ground, pow- nicotine in smoke condensates—Gas- (34) The term ‘‘package’’ means a pack, dered, reconstituted, processed or shaped to- chromatographic method’’; ISO 10362–1, enti- box, carton, pouch, or container of any kind bacco, leaf tobacco, or stem tobacco, wheth- tled ‘‘Cigarettes—Determination of water in in which a tobacco product or tobacco prod- er or not combined with any other ingre- smoke condensates—Part 1: Gas- ucts are offered for sale, sold, or otherwise dient, whether or not in extract or extracted chromatographic method’’; and ISO 8454, en- distributed to consumers. The term ‘‘pack- form, and whether or not incorporated with- titled ‘‘Cigarettes—Determination of carbon age’’ does not include an outer container in any carrier or construct, that is intended monoxide in the vapour phase of cigarette used solely for shipping one or more pack- to be placed in the oral or nasal cavity, in- smoke—NDIR method’’. A cigarette that ages of a tobacco product or tobacco prod- cluding dry snuff, moist snuff, and chewing does not burn down in accordance with the ucts. tobacco. testing regimen standards may be measured (35) The term ‘‘person’’ means any indi- (44) The term ‘‘smoking article’’ means under the same puff regimen using the num- vidual, partnership, corporation, committee, any tobacco-containing article that is in- ber of puffs that such a cigarette delivers be- association, organization or group of per- tended, when used by a consumer, to be fore it extinguishes, plus an additional three sons, or other legal or business entity. burned or otherwise to employ heat to puffs, or with such other modifications as (36) The term ‘‘proof of age’’ means a driv- produce a vapor, aerosol or smoke that— the Administrator may approve. er’s license or other form of identification (A) incorporates components of tobacco or (26) The term ‘‘interstate commerce’’ that is issued by a governmental authority derived from tobacco; and means all trade, traffic, or other commerce— and includes a photograph and a date of (B) is intended to be inhaled by the user. (A) within the District of Columbia, or any birth of the individual. (45) The term ‘‘State’’ means any State of territory or possession of the United States; (37) The term ‘‘raw tobacco’’ means to- the United States and, except as otherwise (B) between any point in a State and any bacco in a form that is received by a tobacco specifically provided, includes any Indian point outside thereof; product manufacturer as an agricultural tribe or tribal organization, the District of (C) between points within the same State commodity, whether in a form that is— Columbia, the Commonwealth of Puerto through any place outside such State; or (A) natural, stem or leaf; Rico, Guam, the Virgin Islands, American (D) over which the United States has juris- (B) cured or aged; or (3) diction. (C) as parts or pieces, but not in a reconsti- Samoa, Wake Island, Midway Island, King- (27) The term ‘‘label’’ means a display of tuted form, extracted pulp form, or extract man Reef, Johnston Atoll, the Northern written, printed, or graphic matter upon or form. Marianas, and any other trust territory or applied securely to the immediate container (38) The term ‘‘reduced-exposure claim’’ possession of the United States. of a tobacco product. means a statement in advertising or labeling (46) The term ‘‘tar’’ means nicotine-free (28) The term ‘‘labeling’’ means all labels that a tobacco product provides a reduced dry particulate matter as defined in ISO 4387, and other written, printed, or graphic matter exposure to one or more toxicants, as com- entitled ‘‘Cigarettes—Determination of total (1) upon or applied securely to any tobacco pared to an appropriate reference tobacco and nicotine-free dry particulate matter product or any of its containers or wrappers, product within the same category of tobacco using a routine analytical smoking ma- or (2) accompanying a tobacco product. products. Such a statement must include the chine’’. (29) The term ‘‘little cigar’’ has the mean- wording ‘‘reduction in risk has not been (47) The term ‘‘tobacco’’ means a tobacco ing assigned that term by the Alcohol and demonstrated for this reduction in expo- plant or any part of a harvested tobacco Tobacco Tax and Trade Bureau in section sure’’. A statement or representation that a plant intended for use in the production of a 40.11 of title 27, Code of Federal Regulations. tobacco product or the tobacco in a tobacco tobacco product, including leaf, lamina, (30) The term ‘‘loose tobacco’’ means any product contains ‘‘no additives’’ or is ‘‘nat- stem, or stalk, whether in green, cured, or form of tobacco, alone or in combination ural’’ or that uses a substantially similar aged form, whether in raw, treated, or proc- with any other ingredient or material, that, term is not a reduced-exposure claim if the essed form, and whether or not combined because of its appearance, form, type, pack- advertising or labeling that contains such with other materials, including any by-prod- aging, or labeling, is suitable for use and statement or representation also contains uct, extract, extracted pulp material, or any likely to be offered to, or purchased by, con- the disclosure required by section 108(h) of other material (other than purified nicotine) sumers as tobacco for making or assembling this Act. derived from a tobacco plant or any compo- cigarettes, incorporation into pipes, or oth- (39) The term ‘‘reduced-risk claim’’ means nent thereof, and including strip, filler, erwise used by consumers to make any a statement in advertising or labeling that a stem, powder, and granulated, blended, or re- smoking article. tobacco product provides a reduced risk of constituted forms of tobacco. (31) The term ‘‘manufacture’’ means to de- illness and death compared to cigarettes. A (48) The term ‘‘tobacco product’’ means— sign, manufacture, fabricate, assemble, proc- statement or representation that a tobacco (A) the singular of ‘‘tobacco products’’ as ess, package, or repackage, label, or relabel, product or the tobacco in a tobacco product defined in section 5702(c) of the Internal Rev- import, or hold or store in a commercial contains ‘‘no additives,’’ or is ‘‘natural,’’ or enue Code of 1986; quantity, but does not include— that uses a substantially similar term is not (B) any other product that contains to- (A) the growing, curing, de-stemming, or a reduced-risk claim if the advertising or la- bacco as a principal ingredient and that, be- aging of tobacco; or beling that contains such statement or rep- cause of its appearance, type, or the tobacco

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE S6082 CONGRESSIONAL RECORD — SENATE June 3, 2009 used in the product, or its packaging and la- trator, who shall assume the statutory au- product markets it with an explicit claim beling, is likely to be offered to, or pur- thority conferred by this Act, perform the that the product is intended for use in the chased by, consumers as a tobacco product functions that relate to the subject matter cure, mitigation, treatment, or prevention of as described in subparagraph (A); and of this Act, to conduct postmarket surveil- disease in man or other animals, within the (C) any form of tobacco or any construct lance, research, and public education activi- meaning of section 201(g)(1)(C) or section incorporating tobacco, intended for human ties and have the authority to promulgate 201(h)(2) of that Act. consumption, whether by— regulations for the efficient enforcement of (b) LIMITATION ON EFFECT OF THIS ACT.— (i) placement in the oral or nasal cavity; this Act. In promulgating any regulations Nothing in this Act shall be construed to— (ii) inhalation of vapor, aerosol, or smoke; under such authority, in whole or in part or (1) establish a precedent with regard to any or any regulation that is likely to have an an- other industry, situation, circumstance, or (iii) any other means. nual effect on the economy of $50,000,000 or legal action; or (49) The term ‘‘tobacco product category’’ more or have a material adverse effect on (2) affect any action pending in any Fed- means a type of tobacco product character- adult users of tobacco products, tobacco eral, State, or Tribal court, or any agree- ized by its composition, components, and in- product manufacturers, distributors, or re- ment, consent decree, or contract of any tended use, and includes tobacco products tailers, the Administrator shall— kind. classified as cigarettes, loose tobacco for (1) determine the technological and eco- (c) EXCLUSIONS FROM AUTHORITY OF ADMIN- roll-your-own tobacco products, little cigars, nomic ability of parties that would be re- ISTRATOR.—The authority granted to the Ad- cigars, pipe tobacco, moist snuff, dry snuff, quired to comply with the regulation to com- ministrator under this Act shall not apply chewing tobacco, and other forms of tobacco ply with it; to— products (which are treated in this Act col- (2) consider experience gained under any (1) raw tobacco that is not in the posses- lectively as a single category). relevantly similar regulations at the Federal sion or control of a tobacco product manu- (50) The term ‘‘tobacco product commu- or State level; facturer; nication’’ means any means, medium, or (3) determine the reasonableness of the re- (2) raw tobacco that is grown for a tobacco manner for providing information relating to lationship between the costs of complying product manufacturer by a grower, and that any tobacco product, including face-to-face with such regulation and the public health is in the possession of that grower or of a interaction, mailings by postal service or benefits to be achieved by such regulation; person that is not a tobacco product manu- courier to an individual who is an addressee, (4) determine the reasonable likelihood of facturer and is within the scope of subpara- and electronic mail to an individual who is measurable and substantial reductions in graphs (A) through(F) of paragraph (3); or an addressee. morbidity and mortality among individual (3) the activities, materials, facilities, or (51) The term ‘‘tobacco product manufac- tobacco users; practices of persons that are not tobacco turer’’ means an entity that directly— (5) determine the impact to United States product manufacturers and that are— (A) manufactures anywhere a tobacco tobacco producers and farm operations; (A) producers of raw tobacco, including to- product that is intended to be distributed (6) determine the impact on the avail- bacco growers; commercially in the United States, includ- ability and use of tobacco products by mi- (B) tobacco warehouses, and other persons ing a tobacco product intended to be distrib- nors; and that receive raw tobacco from growers; uted commercially in the United States (7) determine the impact on illicit trade of (C) tobacco grower cooperatives; through an importer; tobacco products. (D) persons that cure raw tobacco; (B) is the first purchaser for resale in the (d) LIMITATION OF AUTHORITY.— (E) persons that process raw tobacco; and United States of tobacco products manufac- (1) IN GENERAL.—The provisions of this Act (F) persons that store raw tobacco for tured outside the United States for distribu- shall not apply to tobacco leaf that is not in aging. the possession of a manufacturer of tobacco tion commercially in the United States; or If a producer of raw tobacco is also a tobacco products, or to the producers of tobacco leaf, (C) is a successor or assign of any of the product manufacturer, an affiliate of a to- including tobacco growers, tobacco ware- foregoing. bacco product manufacturer, or a person pro- houses, and tobacco grower cooperatives, nor (52) The term ‘‘toxicant’’ means a chemical ducing raw tobacco for a tobacco product shall any employee of the Center have any or physical agent that produces an adverse manufacturer, then that producer shall be authority to enter onto a farm owned by a biological effect. subject to this Act only to the extent of that producer of tobacco leaf without the written (53) The term ‘‘transit advertisements’’ producer’s capacity as a tobacco product consent of such producer. means advertising on or within private or manufacturer. public vehicles and all advertisements placed (2) EXCEPTION.—Notwithstanding para- at, on, or within any bus stop, taxi stand, graph (1), if a producer of tobacco leaf is also SEC. 103. EXISTING FEDERAL STATUTES MAIN- TAINED. transportation waiting area, train station, a tobacco product manufacturer or con- Except as amended or repealed by this Act, airport, or any similar location. trolled by a tobacco product manufacturer, all Federal statutes in effect as of the effec- (54) The term ‘‘tribal organization’’ has the the producer shall be subject to this Act in tive date of this Act that regulate tobacco, meaning assigned that term in section 4(1) of the producer’s capacity as a manufacturer. tobacco products, or tobacco product manu- the Indian Self Determination and Education The exception in this subparagraph shall not facturers shall remain in full force and ef- Assistance Act (25 U.S.C. 450b(1)). apply to a producer of tobacco leaf who fect. Such statutes include, without limita- (55) The term ‘‘United States’’ means the grows tobacco under a contract with a to- tion— several States, as defined in this Act. bacco product manufacturer and who is not (1) the Federal Cigarette Labeling and Ad- (56) The term ‘‘vending machine’’ means otherwise engaged in the manufacturing vertising Act, sections 1331–1340 of title 15, any mechanical, electric, or electronic self- process. United States Code, except that section 1335 service device that, upon insertion of money, (3) RULE OF CONSTRUCTION.—Nothing in this of title 15, United States Code, is repealed; tokens, or any other form of payment, auto- Act shall be construed to grant the Adminis- (2) the Comprehensive Smokeless Tobacco matically dispenses tobacco products. trator authority to promulgate regulations Health Education Act of 1986, sections 4401– (57) The term ‘‘video game arcade’’ means on any matter that involves the production 4408 of title 15, United States Code, except an entertainment establishment primarily of tobacco leaf or a producer thereof. that section 4402(f) of title 15, United States consisting of video games (other than video (e) RULEMAKING PROCEDURES.—Each rule- Code, is repealed; games intended primarily for use by adults) making under this Act shall be in accordance (3) section 300x–26 of title 42, United States or pinball machines. with chapter 5 of title 5, United States Code. Code; and (58) The term ‘‘youth’’ means any indi- (f) CONSULTATION PRIOR TO RULEMAKING.— (4) those statutes authorizing regulation of vidual who in not an adult. Prior to promulgating rules under this Act, the Administrator shall endeavor to consult tobacco, tobacco products, or tobacco prod- SEC. 101. CENTER AUTHORITY OVER TOBACCO uct manufacturers by the Federal Trade PRODUCTS. with other Federal agencies as appropriate. Commission, the Department of Agriculture, (a) IN GENERAL.—Tobacco products, includ- SEC. 102. EXCLUSION OF OTHER REGULATORY ing reduced risk tobacco products for which PROGRAMS. the Environmental Protection Agency, the an order has been issued in accordance with (a) EXCLUSION OF TOBACCO PRODUCTS AND Internal Revenue Service, and the Alcohol section 117, shall be regulated by the Admin- NICOTINE-CONTAINING PRODUCTS FROM THE and Tobacco Tax and Trade Bureau of the istrator under this Act. FEDERAL FOOD, DRUG, AND COSMETIC ACT.— Department of the Treasury. (b) APPLICABILITY.—This Act shall apply to No tobacco product and no nicotine-con- SEC. 104. PROCEEDINGS IN THE NAME OF THE all cigarettes, cigarette tobacco, roll-your- taining product shall be regulated as a food, UNITED STATES; SUBPOENAS; PRE- own tobacco, and smokeless tobacco and to drug, or device in accordance with section EMPTION OF STATE AND LOCAL any other tobacco products that the Admin- 201 (f), (g) or (h) or Chapter IV or V of the LAW; NO PRIVATE RIGHT OF ACTION. istrator by regulation deems to be subject to Federal Food, Drug, and Cosmetic Act, ex- In furtherance of this Act: this Act. cept that any tobacco product commercially (1) All proceedings for the enforcement, or (c) CENTER.—The Secretary of Health and distributed domestically and any nicotine- to restrain violations, of this Act shall be by Human Services shall establish within the containing product commercially distributed and in the name of the United States. Sub- Department of Health and Human Services domestically shall be subject to Chapter V of poenas for witnesses who are required to at- the Tobacco Harm Reduction Center. The the Federal Food, Drug, and Cosmetic Act if tend a court of the United States, in any dis- head of the Center shall be an Adminis- the manufacturer or a distributor of such trict, may run into any other district in any

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6083 proceeding under this section. No State, or mitted, and exemptions as to small packages tion 4(e) of the Federal Cigarette Labeling political subdivision thereof, may proceed or shall be established by regulations promul- and Advertising Act. intervene in any Federal or State court gated by the Administrator; (3) Beginning 4 years after the date of en- under this Act or under any regulation pro- (C) the name and place of business of the actment of this Act, a listing of all constitu- mulgated under it, or allege any violation tobacco product manufacturer, packer, or ents, including smoke constituents as appli- thereof except a violation by the Adminis- distributor; and cable, identified by the Administrator as trator. Nothing in this Act shall be con- (D) the information required by section harmful to health in each tobacco product, strued to create a right of action by any pri- 201(c) and (e) or section 202(c) and (e), as ap- and as applicable in the smoke of each to- vate person for any violation of any provi- plicable; bacco product, by brand and by quantity in sion of this Act or of any regulation promul- (3) if any word, statement, or other infor- each brand and subbrand. gated under it. mation required by or under authority of (b) DATA SUBMISSION.—At the request of (2) With respect to any subject matter ad- this Act to appear on the label, labeling, or the Administrator, each tobacco product dressed by this Act or by any regulation pro- advertising is not prominently placed there- manufacturer or importer of tobacco prod- mulgated under it, no requirement or prohi- on with such conspicuousness (as compared ucts, or agents thereof, shall submit the fol- bition shall be imposed under State or local with other words, statements, or designs on lowing: law upon any tobacco product manufacturer the label, labeling, or advertising, as applica- (1) Any or all documents (including under- or distributor. ble) and in such terms as to render it reason- lying scientific information) relating to re- (3) Paragraph (2) shall not apply to any re- ably likely to be read and understood by the search activities, and research findings, con- quirement or prohibition imposed under ordinary individual under customary condi- ducted, supported, or possessed by the manu- State or local law before the date of intro- tions of purchase and use; facturer (or agents thereof) on the health, duction of the bill that was enacted as this (4) if any word, statement, or other infor- toxicological, or physiologic effects of to- Act. mation is required by or under this Act to bacco products and their constituents (in- cluding smoke constituents), ingredients, SEC. 105. ADULTERATED TOBACCO PRODUCTS. appear on the label, unless such word, state- components, and additives. A tobacco product shall be deemed to be ment, or other information also appears on (2) Any or all documents (including under- adulterated— the outside container or wrapper, if any, of lying scientific information) relating to re- (1) if it bears or contains any poisonous or the retail package of such tobacco product, or is easily legible through the outside con- search activities, and research findings, con- deleterious substance other than— tainer or wrapper; ducted, supported, or possessed by the manu- (A) tobacco; (5) if it was manufactured, prepared, or facturer (or agents thereof) that relate to (B) a substance naturally present in to- processed in an establishment not duly reg- the issue of whether a significant reduction bacco; istered under section 109, if it was not in- in risk to health from tobacco products can (C) a pesticide or fungicide chemical res- cluded in a list required by section 109, or if occur upon the employment of technology idue in or on tobacco if such pesticide or fun- a notice or other information respecting it available to the manufacturer. gicide chemical is registered by the Environ- was not provided as required by section 109; mental Protection Agency for use on tobacco An importer of a tobacco product not manu- (6) if its packaging, labeling, or advertising in the United States; or factured in the United States shall supply is in violation of this Act or of an applicable the information required of a tobacco prod- (D) in the case of imported tobacco, a res- regulation promulgated in accordance with idue of a pesticide or fungicide chemical uct manufacturer under this subsection. this Act; (c) DATA LIST.— that— (7) if it contains tobacco or another ingre- (1) IN GENERAL.—Not later than 4 years (i) is approved for use in the country of ori- dient as to which a required disclosure under after the date of enactment of the Act, and gin of the tobacco; and this Act was not made; annually thereafter, the Administrator shall (ii) has not been banned, and the registra- (8) if it is labeled or advertised, or the to- publish in a format that is understandable tion of which has not been canceled, by the bacco contained in it is advertised, as— and not misleading to a lay person, and place Environmental Protection Agency for use on (A) containing ‘‘no additives,’’ or any sub- on public display (in a manner determined by tobacco in the United States) that may stantially similar term, unless the labeling the Administrator) the list established under render it injurious to health; but, in case the or advertising, as applicable, also contains, subsection (d). substance is not an added substance, such to- clearly and prominently, the following dis- (2) CONSUMER RESEARCH.—The Adminis- bacco product shall not be considered adul- closure: ‘‘No additives in our tobacco does trator shall conduct periodic consumer re- terated under this subsection if the quantity NOT mean safer.’’; or search to ensure that the list published of such substance in such tobacco product (B) being ‘‘natural,’’ or any substantially under paragraph (1) is not misleading to lay does not ordinarily render it injurious to similar term, unless the labeling or adver- persons. Not later than 5 years after the date health; tising, as applicable, also contains, clearly of enactment of the Act, the Administrator (2) if there is significant scientific agree- and prominently, the following disclosure: shall submit to the appropriate committees ment that, as a result of the tobacco it con- ‘‘Natural does NOT mean safer.’’; of Congress a report on the results of such tains, the tobacco product presents a risk to (9) if in its labeling or advertising a term research, together with recommendations on human health that is materially higher than descriptive of the tobacco in the tobacco whether such publication should be contin- the risk presented by— product is used otherwise than in accordance ued or modified. (A) such product on the effective date of with a sanction or approval granted by a (d) DATA COLLECTION.—Not later than 36 this Act; or Federal agency; months after the date of enactment of this (B) if such product was not distributed (10) if with respect to such tobacco product Act, the Administrator shall establish, and commercially domestically on that date, by a disclosure required by section 603 was not periodically revise as appropriate, a list of comparable tobacco products of the same made; harmful constituents, including smoke con- style and within the same category that (11) if with respect to such tobacco product stituents, to health in each tobacco product were commercially distributed domestically a certification required by section 803 was by brand and by quantity in each brand and on that date; not submitted or is materially false or mis- subbrand. (3) if it has been prepared, packed, or held leading; or SEC. 108. REGISTRATION AND LISTING. under unsanitary conditions whereby it may (12) if its manufacturer or distributor made (a) DEFINITIONS.—As used in this section: have become contaminated with filth; with respect to it a claim prohibited by sec- (1) The term ‘‘manufacture, preparation, or (4) if its package is composed, in whole or tion 115. processing’’ shall include repackaging or in part, of any poisonous or deleterious sub- SEC. 107. SUBMISSION OF HEALTH INFORMATION otherwise changing the container, wrapper, stance that may render the contents inju- TO THE ADMINISTRATOR. or label of any tobacco product package rious to health; or (a) REQUIREMENT.—Each tobacco product other than the carton in furtherance of the (5) if its ‘‘tar’’ yield is in violation of sec- manufacturer or importer, or agents thereof, distribution of the tobacco product from the tion 111. shall submit to the Administrator the fol- original place of manufacture to the person SEC. 106. MISBRANDED TOBACCO PRODUCTS. lowing information: that makes final delivery or sale to the ulti- A tobacco product shall be deemed to be (1) Not later than 18 months after the date mate consumer or user, but shall not include misbranded— of enactment of the Act, a listing of all in- the addition of a tax marking or other mark- (1) if its labeling is false or misleading in gredients, including tobacco, substances, ing required by law to an already packaged any particular; compounds, and additives that are, as of tobacco product. (2) if in package form unless it bears a such date, added by the manufacturer to the (2) The term ‘‘name’’ shall include in the label containing— tobacco, paper, filter, or other part of each case of a partnership the name of the general (A) an identification of the type of product tobacco product by brand and by quantity in partner and, in the case of a privately held it is, by the common or usual name of such each brand and brand style. corporation, the name of the chief executive type of product; (2) A description of the content, delivery, officer of the corporation and the State of in- (B) an accurate statement of the quantity and form of nicotine in each tobacco product corporation. of the contents in the package in terms of measured in milligrams of nicotine in ac- (b) ANNUAL REGISTRATION.—Commencing weight, measure, or numerical count, except cordance with regulations promulgated by one year after enactment, on or before De- that reasonable variations shall be per- the Administrator in accordance with sec- cember 31 of each year, every person that

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owns or operates any establishment in any (h) FILING OF LISTS OF TOBACCO PRODUCTS means is not reasonable for the person re- State engaged in the manufacture, prepara- MANUFACTURED, PREPARED, OR PROCESSED BY questing such waiver. tion, or processing of a tobacco product or REGISTRANTS; STATEMENTS; ACCOMPANYING SEC. 109. GENERAL PROVISIONS RESPECTING products for commercial distribution domes- DISCLOSURES.— CONTROL OF TOBACCO PRODUCTS. tically shall register with the Administrator (1) Every person that registers with the (a) IN GENERAL.—Any requirement estab- its name, places of business, and all such es- Administrator under subsection (b), (c), (d), lished by or under section 106, 107, or 113 ap- tablishments. or (e) shall, at the time of registration under plicable to a tobacco product shall apply to (c) NEW PRODUCERS.—Every person upon any such subsection, file with the Adminis- such tobacco product until the applicability first engaging, for commercial distribution trator a list of all brand styles (with each of the requirement to the tobacco product domestically, in the manufacture, prepara- brand style in each list listed by the common has been changed by action taken under sec- tion, or processing of a tobacco product or or usual name of the tobacco product cat- tion 111, section 114, section 115, or sub- products in any establishment that it owns egory to which it belongs and by any propri- section (d) of this section, and any require- or operates in any State shall immediately etary name) that are being manufactured, ment established by or under section 106, 107, register with the Administrator its name, prepared, or processed by such person for or 113 which is inconsistent with a require- places of business, and such establishment. commercial distribution domestically or for ment imposed on such tobacco product under (d) REGISTRATION OF FOREIGN ESTABLISH- import into the United States, and that such section 111, section 114, section 115, or sub- MENTS.— person has not included in any list of to- section (d) of this section shall not apply to (1) Commencing one year after enactment bacco products filed by such person with the such tobacco product. of this Act, on or before December 31 of each Administrator under this paragraph or para- year, the person that, within any foreign (b) INFORMATION ON PUBLIC ACCESS AND graph (2) before such time of registration. COMMENT.—Each notice of proposed rule- country, owns or operates any establishment Such list shall be prepared in such form and engaged in the manufacture, preparation, or making or other notification under section manner as the Administrator may prescribe, 111, 112, 113, 114, or 115 or under this section, processing of a tobacco product that is im- and shall be accompanied by the label for ported or offered for import into the United any other notice which is published in the each such brand style and a representative Federal Register with respect to any other States shall, through electronic means or sampling of any other labeling and adver- other means permitted by the Adminis- action taken under any such section and tising for each; which states the reasons for such action, and trator, register with the Administrator the (2) Each person that registers with the Ad- name and place of business of each such es- each publication of findings required to be ministrator under this section shall report made in connection with rulemaking under tablishment, the name of the United States to the Administrator each August for the agent for the establishment, and the name of any such section shall set forth— preceding six-month period from January (1) the manner in which interested persons each importer of such tobacco product in the through June, and each February for the pre- United States that is known to such person. may examine data and other information on ceding six-month period form July through which the notice or findings is based; and (2) Such person also shall provide the infor- December, following information: mation required by subsection (j), including (2) the period within which interested per- (A) A list of each brand style introduced by sons may present their comments on the no- sales made by mail, or through the Internet, the registrant for commercial distribution or other electronic means. tice or findings (including the need there- domestically or for import into the United fore) orally or in writing, which period shall (3) The Administrator is authorized to States that has not been included in any list enter into cooperative arrangements with of- be at least 60 days but may not exceed 90 previously filed by such registrant with the days unless the time is extended by the Ad- ficials of foreign countries to ensure that Administrator under this subparagraph or adequate and effective means are available ministrator by a notice published in the Fed- paragraph (1). A list under this subparagraph eral Register stating good cause therefore. for purposes of determining, from time to shall list a brand style by the common or time, whether tobacco products manufac- (c) LIMITED CONFIDENTIALITY OF INFORMA- usual name of the tobacco product category TION.—Any information reported to or other- tured, prepared, or processed by an establish- to which it belongs and by any proprietary ment described in paragraph (1), if imported wise obtained by the Administrator or the name, and shall be accompanied by the other Administrator’s representative under section or offered for import into the United States, information required by paragraph (1). shall be refused admission on any of the 107, 108, 111, 112, 113, 114, 115, or 504, or under (B) If since the date the registrant last subsection (e) or (f) of this section, which is grounds set forth in section 708. made a report under this paragraph (or if (e) ADDITIONAL ESTABLISHMENTS.—Every exempt from disclosure under subsection (a) such registrant has not previously made a person duly registered in accordance with of section 552 of title 5, United States Code, report under this paragraph, since the effec- the foregoing subsections of this section by reason of subsection (b)(4) of that section tive date of this Act) such registrant has dis- shall immediately register with the Admin- shall be considered confidential and shall not continued the manufacture, preparation, or istrator any additional establishment that it be disclosed, except that the information processing for commercial distribution do- owns or operates and in which it begins the may be disclosed to other officers or employ- mestically or for import into the United manufacture, preparation, or processing of a ees concerned with carrying out this Act, or States of a brand style included in a list filed tobacco product or products for commercial when relevant in any proceeding under this by such registrant under subparagraph (A) or distribution domestically or for import into Act. paragraph (1), notice of such discontinuance, the United States. (d) RESTRICTIONS.— (f) EXCLUSIONS FROM APPLICATION OF THIS the date of such discontinuance, and the (1) IN GENERAL.—The Administrator may SECTION.—The foregoing subsections of this identity (by the common or usual name of issue regulations, consistent with this Act, section shall not apply to— the tobacco product category to which it be- regarding tobacco products if the Adminis- (1) persons that manufacture, prepare, or longs and by any proprietary name) of such trator determines that such regulation process tobacco products solely for use in re- tobacco product. would be appropriate for the protection of search, teaching, chemical or biological (C) If, since the date the registrant re- the public health. The finding as to whether analysis, or export; or ported pursuant to subparagraph (B) a notice such regulation would be appropriate for the (2) such other classes of persons as the Ad- of discontinuance of a tobacco product, the protection of the public health shall be de- ministrator may by regulation exempt from registrant has resumed the manufacture, termined with respect to the risks and bene- the application of this section upon a finding preparation, or processing for commercial fits to the users of the tobacco product, and that registration by such classes of persons distribution domestically or for import into taking into account that the standard is rea- in accordance with this section is not nec- the United States of that brand style, notice sonably likely to result in measurable and essary for the protection of the public of such resumption, the date of such resump- substantial reductions in morbidly and mor- health. tion, the identity of such brand style (by the tality among individual tobacco users. (g) INSPECTION OF PREMISES.—Every estab- common or usual name of the tobacco prod- (2) LABEL STATEMENTS.—The label of a to- lishment registered with the Administrator uct category to which it belongs and by any bacco product shall bear such appropriate pursuant to this section shall be subject to proprietary name), and the other informa- statements of the restrictions required by a inspection pursuant to section 706; and every tion required by paragraph (1), unless the regulation under subsection (a) as the Ad- such establishment engaged in the manufac- registrant has previously reported such re- ministrator may in such regulation pre- ture, preparation, or processing of a tobacco sumption to the Administrator pursuant to scribe. product or products shall be so inspected by this subparagraph. (e) GOOD MANUFACTURING PRACTICE RE- one or more officers or employees duly des- (D) Any material change in any informa- QUIREMENTS.— ignated by the Administrator at least once tion previously submitted pursuant to this (1) METHODS, FACILITIES, AND CONTROLS TO in the two-year period beginning with the paragraph (2) or paragraph (1). CONFORM.— date of registration of such establishment (i) ELECTRONIC REGISTRATION.—Registra- (A) IN GENERAL.—In applying manufac- pursuant to this section and at least once in tions under subsections (b), (c), (d), and (e) turing restrictions to tobacco, the Adminis- every successive two-year period thereafter, (including the submission of updated infor- trator shall, in accordance with subpara- except that inspection of establishments out- mation) shall be submitted to the Adminis- graph (B), prescribe regulations (which may side the United States may be conducted by trator by electronic means, unless the Ad- differ based on the type of tobacco product other personnel pursuant to a cooperative ministrator grants a request for waiver of involved) requiring that the methods used in, arrangement under subsection (d)(3). such requirement because use of electronic and the facilities and controls used for, the

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.053 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6085 manufacture, preproduction design valida- 2,4,5-T.....0.1 may be necessary to assure that the tobacco tion (including a process to assess the per- Sum of ALDRIN and DIELDRIN.....0.1 product will be in compliance with this Act. formance of a tobacco product), packing, and Sum of CYPERMETHRIN and (E) HEARING.—After the issuance of an storage of a tobacco product conform to cur- PERMETHRIN (Temporary).....3.0 order under subparagraph (B) respecting a rent good manufacturing practice, or hazard Sum of DDT, TDE (DDD), and DDE .....0.4 petition, the petitioner shall have an oppor- analysis and critical control point method- Sum of HEPTACHLOR and HEPTACHLOR tunity for an informal hearing on such order. EPOXIDE.....0.1 ology, as prescribed in such regulations to (3) COMPLIANCE.—Compliance with require- (F) MAXIMUM RESIDUE LIMITS.—The Admin- assure that the public health is protected ments under this subsection shall not be re- istrator shall adopt regulations within one and that the tobacco product is in compli- quired before the end of the 3-year period fol- year of the effective date of this Act to es- ance with this Act. Such regulations may lowing the date of enactment of this Act. tablish maximum residue limits for pes- provide for the testing of raw tobacco for (f) RESEARCH AND DEVELOPMENT.—The Ad- ticides identified under subparagraph (E) but pesticide chemical residues after a tolerance ministrator may enter into contracts for re- not included in the table of such subpara- for such chemical residues has been estab- search, testing, and demonstrations respect- graph to account for the fact that weather lished. ing tobacco products and may obtain tobacco and agronomic conditions will cause pes- EQUIREMENTS.—The Administrator products for research, testing, and dem- (B) R ticides identified in subparagraph (E) to be shall— detected in foreign-grown tobacco even onstration purposes. (i) before promulgating any regulation where the farmer has not knowingly added SEC. 110. SMOKING ARTICLE STANDARDS. under subparagraph (A), afford the Tobacco such pesticide. (a) IN GENERAL.— Products Scientific Advisory Committee an (2) EXEMPTIONS; VARIANCES.— (1) RESTRICTIONS ON DESCRIPTORS USED IN opportunity to submit recommendations (A) PETITION.—Any person subject to any MARKETING OF CIGARETTES.— with respect to the regulation proposed to be requirement prescribed under paragraph (1) (A) IN GENERAL.—Except as provided in promulgated; may petition the Administrator for a perma- subparagraph (B), no person shall use, with (ii) before promulgating any regulation nent or temporary exemption or variance respect to any cigarette brand style commer- under subparagraph (A), afford opportunity from such requirement. Such a petition shall cially distributed domestically, on the por- for an oral hearing; be submitted to the Administrator in such tion of the package of such cigarette brand (iii) provide the Tobacco Products Sci- form and manner as the Administrator shall style that customarily is visible to con- entific Advisory Committee a reasonable prescribe and shall— sumers before purchase, or in advertising of time to make its recommendation with re- (i) in the case of a petition for an exemp- such cigarette brand style any of the fol- spect to proposed regulations under subpara- tion from a requirement, set forth the basis lowing as a descriptor of any cigarette brand graph (A); and for the petitioner’s determination that com- style— (iv) in establishing the effective date of a pliance with the requirement is not required (i) the name of any candy or fruit; regulation promulgated under this sub- to assure that the tobacco product will be in (ii) the word ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ section, take into account the differences in compliance with this Act; ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or the manner in which the different types of (ii) in the case of a petition for a variance ‘‘tart,’’; or tobacco products have historically been pro- from a requirement, set forth the methods (iii) any extension or variation of any of duced, the financial resources of the dif- proposed to be used in, and the facilities and the words ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ ferent tobacco product manufacturers, and controls proposed to be used for, the manu- ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or the state of their existing manufacturing fa- facture, packing, and storage of the tobacco ‘‘tart,’’ including but not limited to cilities, and shall provide for a reasonable product in lieu of the methods, facilities, and ‘‘creamy,’’ or ‘‘fruity.’’ period of time for such manufacturers to controls prescribed by the requirement; and (B) LIMITATION.—Subparagraph (A) shall conform to good manufacturing practices (iii) contain such other information as the not apply to the use of the following words but no earlier than four years from date of Administrator shall prescribe. or to any extension or variation of any of enactment. (B) REFERRAL TO THE TOBACCO PRODUCTS them: ‘‘clove’’ and ‘‘menthol’’. (C) ADDITIONAL SPECIAL RULE.—A tobacco SCIENTIFIC ADVISORY COMMITTEE.—The Ad- (C) SCENTED MATERIALS.—No person shall product manufactured in or imported into ministrator may refer to the Tobacco Prod- use, in the advertising or labeling of any cig- the United States shall not contain foreign- ucts Scientific Advisory Committee any pe- arette commercially distributed domesti- grown flue-cured or burley tobacco that— tition submitted under subparagraph (A). cally, any scented materials, except in an (i) was knowingly grown or processed using The Tobacco Products Scientific Advisory adult-only facility. a pesticide chemical that is not approved Committee shall report its recommendations (D) DEFINITIONS.—In this section: under applicable Federal law for use in do- to the Administrator with respect to a peti- (i) The term ‘‘candy’’ means a confection mestic tobacco farming and processing; or tion referred to it within 60 days after the made from sugar or sugar substitute, includ- (ii) in the case of a pesticide chemical that date of the petition’s referral. Within 60 days ing any confection identified generically or is so approved, was grown or processed using after— by brand, and shall include the words the pesticide chemical in a manner incon- (i) the date the petition was submitted to ‘‘cacao,’’ ‘‘chocolate,’’ ‘‘cinnamon,’’ ‘‘cocoa,’’ sistent with the approved labeling for use of the Administrator under subparagraph (A); ‘‘honey,’’ ‘‘licorice,’’ ‘‘maple,’’ ‘‘mocha,’’ and the pesticide chemical in domestic tobacco or ‘‘vanilla.’’ farming and processing. (ii) the day after the petition was referred (ii) The term ‘‘fruit’’ means any fruit iden- (D) EXCLUSION.—Subparagraph (C)(ii) shall to the Tobacco Products Scientific Advisory tified by generic name, type, or variety, in- not apply to tobacco products manufactured Committee, cluding but not limited to ‘‘apple,’’ ‘‘ba- with foreign-grown flue-cured or burley to- whichever occurs later, the Administrator nana,’’ ‘‘cherry,’’ and ‘‘orange.’’ The term bacco so long as that foreign grown tobacco shall by order either deny the petition or ap- ‘‘fruit’’ does not include words that identify was either— prove it. seeds, nuts or peppers, or types or varieties (i) in the inventory of a manufacturer prior (C) APPROVAL.—The Administrator may thereof or words that are extensions or vari- to the effective date, or approve— ations of such words. (ii) planted by the farmer prior to the ef- (i) a petition for an exemption for a to- (2) SMOKING ARTICLE STANDARDS.— fective date of this Act and utilized by the bacco product from a requirement if the Ad- (A) IN GENERAL.—The Administrator may manufacturer no later than 3 years after the ministrator determines that compliance adopt smoking article standards in addition effective date. with such requirement is not required to as- to those in paragraph (1) if the Adminis- (E) SETTING OF MAXIMUM RESIDUE LIMITS.— sure that the tobacco product will be in com- trator finds that a smoking article standard The Administrator shall adopt the following pliance with this Act; and is appropriate for the protection of the pub- pesticide residue standards: (ii) a petition for a variance for a tobacco lic health. Pesticide residue standards product from a requirement if the Adminis- (B) DETERMINATIONS.— The maximum concentration of residues of trator determines that the methods to be (i) CONSIDERATIONS.—In making a finding the following pesticides allowed in flue-cured used in, and the facilities and controls to be described in subparagraph (A), the Adminis- or burley tobacco, expressed as parts by used for, the manufacture, packing, and stor- trator shall consider scientific evidence con- weight of the residue per one million parts age of the tobacco product in lieu of the cerning— by weight of the tobacco (PPM) are: methods, facilities, and controls prescribed (I) the risks and benefits to the users of CHLORDANE.....3.0 by the requirement are sufficient to assure smoking articles of the proposed standard; DIBROMOCHLOROPROPANE that the tobacco product will be in compli- and (DBCP).....1.0 DICAMBA (Temporary).... 5.0 ance with this Act. (II) that the standard is reasonably likely ENDRIN....0.1 (D) CONDITIONS.—An order of the Adminis- to result in measurable and substantial re- ETHYLENE DIBROMIDE (EDB)....0.1 trator approving a petition for a variance ductions in morbidity and mortality among FORMOTHION.....0.5 shall prescribe such conditions respecting individual tobacco users. HEXACHLOROBENZENE (HCB)....0.1 the methods used in, and the facilities and (ii) ADDITIONAL CONSIDERATIONS.—In the METHOXYCHLOR.....0.1 controls used for, the manufacture, packing, event that the Administrator makes a deter- TOXAPHENE.....0.3 and storage of the tobacco product to be mination, set forth in a proposed smoking 2,4-D (Temporary).....5.0 granted the variance under the petition as article standard in a proposed rule, that it is

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.053 S03JNPT1 jbell on PROD1PC69 with SENATE S6086 CONGRESSIONAL RECORD — SENATE June 3, 2009 appropriate for the protection of public the ISO smoking regimen and its associated supporting justification that the smoking ar- health to require the reduction or elimi- tolerances. ticle standard is no longer appropriate for nation of an additive, constituent (including (D) REVIEW BY ADMINISTRATOR.—After the the protection of the public health. a smoke constituent), or other component of effective date of this Act, the Administrator (4) COMMENT.—The Administrator shall a smoking article because the Administrator shall evaluate the available scientific evi- provide for a comment period of not less has found that the additive, constituent, or dence addressing the potential relationship than 90 days. other component is harmful, any party ob- between historical ‘‘tar’’ yield values and (d) PROMULGATION.— jecting to the proposed standard on the risk of harm to smokers. If upon a review of (1) IN GENERAL.—After the expiration of the ground that the proposed standard will not that evidence, and after consultation with period for comment on a notice of proposed reduce or eliminate the risk of illness or in- technical experts of the Tobacco Harm Re- rulemaking published under subsection (c) jury may provide for the Administrator’s duction Center and the Centers for Disease respecting a standard and after consider- consideration scientific evidence that dem- Control and Prevention and notice and an ation of comments submitted under sub- onstrates that the proposed standard will opportunity for public comment, the Admin- sections (b) and (c) and any report from the not reduce or eliminate the risk of illness or istrator determines, that a reduction in Tobacco Products Scientific Advisory Com- injury. ‘‘tar’’ yield may reasonably be expected to mittee, if the Administrator determines that ONTENT OF SMOKING ARTICLE STAND- (3) C provide a meaningful reduction of the risk or the standard would be appropriate for the ARDS.—A smoking article standard estab- risks of harm to smokers, the Administrator protection of the public health, the Adminis- lished under this section for a smoking arti- shall issue an order that— trator shall— cle— (i) provides that no cigarette manufacturer (A) promulgate a regulation establishing a (A) may include provisions that are appro- shall manufacture for commercial distribu- smoking article standard and publish in the priate for the protection of the public health, tion domestically a cigarette that generates Federal Register findings on the matters re- including provisions, where appropriate— a ‘‘tar’’ yield that exceeds 14 milligrams as ferred to in subsection (c); or (i) for ‘‘tar’’ and nicotine yields of the determined by the ISO smoking regimen and (B) publish a notice terminating the pro- product; its associated tolerances; and ceeding for the development of the standard (ii) for the reduction of other constituents, (ii) provides a reasonable time for manu- together with the reasons for such termi- including smoke constituents, or harmful facturers to come into compliance with such components of the product; or prohibition. nation. (2) EFFECTIVE DATE.—A regulation estab- (iii) relating to any other requirement (6) INVOLVEMENT OF OTHER AGENCIES; IN- lishing a smoking article standard shall set under subparagraph (B); and FORMED PERSONS.—In carrying out duties (B) may, where appropriate for the protec- under this section, the Administrator shall forth the date or dates upon which the stand- tion of the public health, include— endeavor to— ard shall take effect, but no such regulation (i) provisions respecting the construction, (A) use personnel, facilities, and other may take effect before 1 year after the date components, ingredients, additives, constitu- technical support available in other Federal of its publication unless the Administrator ents, including smoke constituents, and agencies; determines that an earlier effective date is properties of the smoking article; (B) consult with other Federal agencies necessary for the protection of the public (ii) provisions for the testing (on a sample concerned with standard setting and other health. Such date or dates shall be estab- basis or, if necessary, on an individual basis) nationally or internationally recognized lished so as to minimize, consistent with the of the smoking article; standard-setting entities; and public health, economic loss to, and disrup- (iii) provisions for the measurement of the (C) invite appropriate participation, tion or dislocation of, domestic and inter- smoking article characteristics of the smok- through joint or other conferences, work- national trade. In establishing such effective ing article; and shops, or other means, by informed persons date or dates, the Administrator shall con- (iv) provisions requiring that the results of representative of scientific, professional, in- sider information submitted in connection each or of certain of the tests of the smoking dustry, agricultural, or consumer organiza- with a proposed product standard by inter- article required to be made under clause (ii) tions who in the Administrator’s judgment ested parties, including manufacturers and show that the smoking article is in con- can make a significant contribution. tobacco growers, regarding the technical formity with the portions of the standard for (b) CONSIDERATIONS BY ADMINISTRATOR.— achievability of compliance with the stand- which the test or tests were required. (1) TECHNICAL ACHIEVABILITY.—The Admin- ard, and including information concerning (4) PERIODIC REEVALUATION OF SMOKING AR- istrator shall consider information sub- the existence of patents that make it impos- TICLE STANDARDS.—The Administrator may mitted in connection with a proposed stand- sible to comply in the timeframe envisioned provide for periodic evaluation of smoking ard regarding the technical achievability of in the proposed standard. article standards established under this sec- compliance with such standard. (3) LIMITATION ON POWER GRANTED.—Be- tion to determine whether such standards (2) OTHER CONSIDERATIONS.—The Adminis- cause of the importance of a decision of the should be changed to reflect new medical, trator shall consider all other information Administrator to issue a regulation— scientific, or other technological data. submitted in connection with a proposed (A) banning cigarettes, smokeless smoking (5) CIGARETTE ‘‘TAR’’ LIMITS.— standard, such as the creation of a signifi- articles, little cigars, cigars other than little (A) NO INCREASE IN ‘‘TAR’’ YIELDS.—No cig- cant demand for contraband or other tobacco cigars, pipe tobacco, or roll-your-own smok- arette manufacturer shall distribute for sale products that do not meet the requirements ing articles; domestically a brand style of cigarettes that of this Act and the significance of such de- (B) requiring the reduction of ‘‘tar’’ or nic- generates a ‘‘tar’’ yield greater than the mand. otine yields of a smoking article to zero; ‘‘tar’’ yield of that brand style of cigarettes (c) PROPOSED STANDARDS.— (C) prohibiting the sale of any smoking ar- on the date of introduction of this Act, as de- (1) IN GENERAL.—The Administrator shall ticle in face-to-face transactions by a spe- termined by the ISO smoking regimen and publish in the Federal Register a notice of cific category of retail outlets; its associated tolerances. The ‘‘tar’’ toler- proposed rulemaking for the establishment, (D) establishing a minimum age of sale of ances for cigarettes with ISO ‘‘tar’’ yields in amendment, or revocation of any smoking smoking articles to any person older than 18 the range of 1 to 20 milligrams per cigarette, article standard. years of age; or based on variations arising from sampling (2) REQUIREMENTS OF NOTICE.—A notice of (E) requiring that the sale or distribution procedure, test method, and sampled prod- proposed rulemaking for the establishment of a smoking article be limited to the writ- uct, itself, are the greater of plus or minus— or amendment of a smoking article standard ten or oral authorization of a practitioner li- (i) 15 percent; or shall— censed by law to prescribe medical products, (ii) 1 milligram per cigarette. (A) set forth a finding with supporting jus- the Administrator is prohibited from taking (B) LIMIT ON NEW CIGARETTES.—After the tification that the smoking article standard such actions under this Act. effective date of this Act, no cigarette manu- is appropriate for the protection of the pub- (4) MATCHBOOKS.—For purposes of any reg- facturer shall manufacture for commercial lic health; ulations issued by the Administrator under distribution domestically a brand style of (B) invite interested persons to submit a this Act, matchbooks of conventional size cigarettes that both— draft or proposed smoking article standard containing not more than 20 paper matches, (i) was not in commercial distribution do- for consideration by the Administrator; and which are customarily given away for mestically on the effective date of this Act, (C) invite interested persons to submit free with the purchase of smoking articles, and comments on structuring the standard so shall be considered as adult-written publica- (ii) generates a ‘‘tar’’ yield of greater than that it does not advantage foreign-grown to- tions which shall be permitted to contain ad- 20 milligrams per cigarette as determined by bacco over domestically grown tobacco; and vertising. the ISO smoking regimen and its associated (D) invite the Secretary of Agriculture to (5) AMENDMENT; REVOCATION.— tolerances. provide any information or analysis which (A) AUTHORITY.—The Administrator, upon (C) LIMIT ON ALL CIGARETTES.—After De- the Secretary of Agriculture believes is rel- the Administrator’s own initiative or upon cember 31, 2010, no cigarette manufacturer evant to the proposed smoking article stand- petition of an interested person, may by a shall manufacture for commercial distribu- ard. regulation, promulgated in accordance with tion domestically a brand style of cigarettes (3) FINDING.—A notice of proposed rule- the requirements of subsection (c) and para- that generates a ‘‘tar’’ yield greater than 20 making for the revocation of a smoking arti- graph (2), amend or revoke a smoking article milligrams per cigarette as determined by cle standard shall set forth a finding with standard.

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(B) EFFECTIVE DATE.—The Administrator ing damages for economic loss in an action marketed in the United States after the date may declare a proposed amendment of a brought for the enforcement of any such li- of enactment of this Act. smoking article standard to be effective on ability, the value to the plaintiff in such ac- (2) PREMARKET REVIEW REQUIRED.— and after its publication in the Federal Reg- tion of any remedy provided under such (A) NEW PRODUCTS.—An order under sub- ister and until the effective date of any final order shall be taken into account. section (c)(1)(A) for a new smoking article is action taken on such amendment if the Ad- (c) RECALL AUTHORITY.— required unless the product— ministrator determines that making it so ef- (1) IN GENERAL.—If the Administrator finds (i) is substantially equivalent to a smoking fective is in the public interest. that there is a reasonable probability that a article commercially marketed in the United (6) REFERRAL TO ADVISORY COMMITTEE.— tobacco product contains a manufacturing or States as of date of enactment of this Act; (A) IN GENERAL.—The Administrator shall other defect not ordinarily contained in to- and refer a proposed regulation for the establish- bacco products on the market that would (ii) is in compliance with the requirements ment, amendment, or revocation of a smok- cause serious, acute adverse health con- of this Act. ing article standard to the Tobacco Products sequences or death, the Administrator shall (B) CONSUMER TESTING.—This section shall Scientific Advisory Committee for a report issue an order requiring the appropriate per- not apply to smoking articles that are pro- and recommendation with respect to any son (including the manufacturers, importers, vided to adult tobacco consumers for pur- matter involved in the proposed regulation distributors, or retailers of the tobacco prod- poses of consumer testing. For purposes of which requires the exercise of scientific uct) to immediately cease distribution of this section, the term ‘‘consumer testing’’ judgment. such tobacco product. The order shall pro- means an assessment of smoking articles (B) INITIATION OF REFERRAL.—The Adminis- vide the person subject to the order with an that is conducted by or under the control trator shall make a referral under this para- opportunity for an informal hearing, to be and direction of a manufacturer for the pur- graph— held not later than 10 days after the date of pose of evaluating consumer acceptance of (i) on the Administrator’s own initiative; the issuance of the order, on the actions re- such smoking articles, utilizing only the or quired by the order and on whether the order quantity of cigarettes that is reasonably (ii) upon the request of an interested per- should be amended to require a recall of such necessary for such assessment son that— tobacco product. If, after providing an oppor- (3) SUBSTANTIALLY EQUIVALENT DEFINED.— (I) demonstrates good cause for the refer- tunity for such a hearing, the Administrator (A) IN GENERAL.—In this section, the term ral; and determines that inadequate grounds exist to ‘‘substantially equivalent’’ or ‘‘substantial (II) is made before the expiration of the pe- support the actions required by the order, equivalence’’ means, with respect to the riod for submission of comments on the pro- the Administrator shall vacate the order. smoking article being compared to the predi- posed regulation. (2) AMENDMENT OF ORDER TO REQUIRE RE- cate smoking article, that the Administrator (C) PROVISION OF DATA.—If a proposed regu- CALL.— by order has found that the smoking arti- lation is referred under this paragraph to the (A) IN GENERAL.—If, after providing an op- cle— Tobacco Products Scientific Advisory Com- portunity for an informal hearing under (i) has the same general characteristics as mittee, the Administrator shall provide the paragraph (1), the Administrator determines the predicate smoking article; or Advisory Committee with the data and infor- that the order should be amended to include (ii) has different characteristics and the in- mation on which such proposed regulation is a recall of the tobacco product with respect formation submitted contains information, based. to which the order was issued, the Adminis- including clinical data if deemed necessary (D) REPORT AND RECOMMENDATION.—The trator shall, except as provided in subpara- by the Administrator, that demonstrates Tobacco Products Scientific Advisory Com- graph (B), amend the order to require a re- that it is not appropriate to regulate the mittee shall, within 90 days after the referral call. The Administrator shall specify a time- product under this section because the prod- of a proposed regulation under this para- table in which the tobacco product recall uct does not raise different questions of pub- graph and after independent study of the will occur and shall require periodic reports lic health for the consumer of the product. data and information furnished to it by the to the Administrator describing the progress (B) CHARACTERISTICS.—In subparagraph Administrator and other data and informa- of the recall. (A), the term ‘‘characteristics’’ means the tion before it, submit to the Administrator a (B) NOTICE.—An amended order under sub- materials, ingredients, design, composition, report and recommendation respecting such paragraph (A)— heating source, or other features of a smok- regulation, together with all underlying data (i) shall not include recall of a tobacco ing article. and information and a statement of the rea- product from individuals; and (C) LIMITATION.—A smoking article may son or basis for the recommendation. (ii) shall provide for notice to persons sub- not be found to be substantially equivalent (E) PUBLIC AVAILABILITY.—The Adminis- ject to the risks associated with the use of to a predicate smoking article that has been trator shall make a copy of each report and such tobacco product. removed from the market at the initiative of recommendation under subparagraph (D) In providing the notice required by clause the Administrator or that has been deter- publicly available. (ii), the Administrator may use the assist- mined by a judicial order to be misbranded SEC. 111. NOTIFICATION AND OTHER REMEDIES. ance of retailers and other persons who dis- or adulterated. (a) NOTIFICATION.—If the Administrator de- tributed such tobacco product. If a signifi- (4) HEALTH INFORMATION.—As part of a sub- termines that— cant number of such persons cannot be iden- mission respecting a smoking article, the (1) a tobacco product which is introduced tified, the Administrator shall notify such person required to file a premarket notifica- or delivered for introduction into interstate persons under section 705(b). tion shall provide an adequate summary of commerce for commercial distribution pre- (3) REMEDY NOT EXCLUSIVE.—The remedy any health information related to the smok- sents an unreasonable risk of substantial provided by this subsection shall be in addi- ing article or state that such information harm materially above the risk for death and tion to remedies provided by subsection (a). will be made available upon request by any disease of tobacco products currently in SEC. 112. RECORDS AND REPORTS ON TOBACCO person. interstate commerce, to the public health; PRODUCTS. (b) APPLICATION.— and Every person who is a tobacco product (1) CONTENTS.—An application under this (2) notification under this subsection is manufacturer or importer of a tobacco prod- section shall contain— necessary to eliminate the unreasonable risk uct shall establish and maintain such (A) full reports of all information, pub- of such harm and no more practicable means records, make such reports, and provide such lished or known to, or which should reason- is available under the provisions of this Act information, as the Administrator may by ably be known to, the applicant, concerning (other than this section) to eliminate such regulation reasonably require to assure that investigations which have been made to risk, such tobacco product is not adulterated or show the health risks of such smoking arti- the Administrator may issue such order as misbranded. cle and whether such smoking article pre- may be necessary to assure that adequate SEC. 113. APPLICATION FOR REVIEW OF CERTAIN sents less risk than other smoking articles; notification is provided in an appropriate SMOKING ARTICLES. (B) a full statement of the components, in- form, by the persons and means best suited (a) IN GENERAL.— gredients, additives, and properties, and of under the circumstances involved, to all per- (1) NEW SMOKING ARTICLE DEFINED.—For the principle or principles of operation, of sons who should properly receive such notifi- purposes of this section the term ‘‘new such smoking article; cation in order to eliminate such risk. The smoking article’’ means— (C) a full description of the methods used Administrator may order notification by any (A) any smoking article that was not com- in, and the facilities and controls used for, appropriate means, including public service mercially marketed in the United States as the manufacture, processing, and, when rel- announcements. Before issuing an order of the date of enactment of this Act; and evant, packing and installation of, such under this subsection, the Administrator (B) any smoking article that incorporates smoking article; shall consult with the persons who are to a significant modification (including changes (D) an identifying reference to any smok- give notice under the order. in design, component, part, or constituent, ing article standard under section 111 which (b) NO EXEMPTION FROM OTHER LIABILITY.— including a smoke constituent, or in the con- would be applicable to any aspect of such Compliance with an order issued under this tent, delivery or form of nicotine, or other smoking article, and either adequate infor- section shall not relieve any person from li- additive or ingredient) of a smoking article mation to show that such aspect of such ability under Federal or State law. In award- where the reduced product was commercially smoking article fully meets such smoking

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article standard or adequate information to of the smoking article, and taking into ac- (e) SERVICE OF ORDER.—An order issued by justify any deviation from such standard; count whether such commercial introduction the Administrator under this section shall be (E) such samples of such smoking article is reasonably likely to increase the morbidly served— and of components thereof as the Adminis- and mortality among individual tobacco (1) in person by any officer or employee of trator may reasonably require; users. the department designated by the Adminis- (F) specimens of the labeling proposed to (d) WITHDRAWAL AND TEMPORARY SUSPEN- trator; or be used for such smoking article; and SION.— (2) by mailing the order by registered mail (G) such other information relevant to the (1) IN GENERAL.—The Administrator shall, or certified mail addressed to the applicant subject matter of the application as the Ad- upon obtaining, where appropriate, advice on at the applicant’s last known address in the ministrator may require. scientific matters from the Tobacco Prod- records of the Administrator. (2) REFERRAL TO TOBACCO PRODUCTS SCI- ucts Scientific Advisory Committee, and (f) RECORDS.— ENTIFIC ADVISORY COMMITTEE.—Upon receipt after due notice and opportunity for infor- (1) ADDITIONAL INFORMATION.—In the case of an application meeting the requirements mal hearing for a smoking article for which of any smoking article for which an order set forth in paragraph (1), the Adminis- an order was issued under subsection issued pursuant to subsection (c)(1)(A) for an trator— (c)(1)(A), issue an order withdrawing the application filed under subsection (b) is in ef- (A) may, on the Administrator’s own ini- order if the Administrator finds— fect, the applicant shall establish and main- tiative; or (A) that the continued marketing of such tain such records, and make such reports to (B) may, upon the request of an applicant, smoking article no longer is appropriate for the Administrator, as the Administrator refer such application to the Tobacco Prod- the protection of the public health; may by regulation, or by order with respect ucts Scientific Advisory Committee for ref- (B) that the application contained or was to such application, prescribe on the basis of erence and for submission (within such pe- accompanied by an untrue statement of a a finding that such records and reports are riod as the Administrator may establish) of material fact; necessary in order to enable the Adminis- a report and recommendation respecting the (C) that the applicant— trator to determine, or facilitate a deter- application, together with all underlying (i) has failed to establish a system for mination of, whether there is or may be data and the reasons or basis for the rec- maintaining records, or has repeatedly or de- grounds for withdrawing or temporarily sus- ommendation. liberately failed to maintain records or to pending such order. (c) ACTION ON APPLICATION.— make reports, required by an applicable reg- (2) ACCESS TO RECORDS.—Each person re- (1) DEADLINE.—As promptly as possible, ulation under section 113; or quired under this section to maintain but in no event later than 90 days after the (ii) has refused to permit access to, or records, and each person in charge of custody receipt of an application under subsection copying or verification of, such records as re- thereof, shall, upon request of an officer or (b), the Administrator, after considering the quired by section 110; or employee designated by the Administrator, report and recommendation submitted under (D) on the basis of new information before permit such officer or employee at all rea- subsection (b)(2), shall— the Administrator with respect to such sonable times to have access to and copy and (A) issue an order that the new product smoking article, evaluated together with the verify such records. may be introduced or delivered for introduc- evidence before the Administrator when the (g) INVESTIGATIONAL SMOKING ARTICLE EX- tion into interstate commerce if the Admin- application was reviewed, that the methods EMPTION FOR INVESTIGATIONAL USE.—The Ad- istrator finds that none of the grounds speci- used in, or the facilities and controls used ministrator may exempt smoking articles fied in paragraph (2) of this subsection ap- for, the manufacture, processing, packing, or intended for investigational use from the plies; or installation of such smoking article do not (B) issue an order that the new product conform with the requirements of section provisions of this Act under such conditions may not be introduced or delivered for intro- 110(e) and were not brought into conformity as the Administrator may by regulation pre- duction into interstate commerce if the Ad- with such requirements within a reasonable scribe. ministrator finds (and sets forth the basis for time after receipt of written notice from the SEC. 114. REDUCED RISK TOBACCO PRODUCTS. such finding as part of or accompanying such Administrator of nonconformity; (a) IN GENERAL.—No person may introduce denial) that 1 or more grounds for denial (E) on the basis of new information before or deliver for introduction into interstate specified in paragraph (2) of this subsection the Administrator, evaluated together with commerce any reduced risk tobacco product apply. the evidence before the Administrator when unless an order issued pursuant to sub- (2) DENIAL OF APPLICATION.—The Adminis- the application was reviewed, that the label- section (g) is effective with respect to such trator shall deny an application submitted ing of such smoking article, based on a fair product. under subsection (b) if, upon the basis of the evaluation of all material facts, is false or (b) DEFINITIONS.—In this section: information submitted to the Administrator misleading in any particular and was not (1) REDUCED RISK TOBACCO PRODUCT.—The as part of the application and any other in- corrected within a reasonable time after re- term ‘‘reduced risk tobacco product’’ means formation before the Administrator with re- ceipt of written notice from the Adminis- any tobacco product that is sold or distrib- spect to such smoking article, the Adminis- trator of such fact; or uted for use to reduce harm or the risk of to- trator finds that— (F) on the basis of new information before bacco-related disease associated with com- (A) there is a lack of a showing that per- the Administrator, evaluated together with mercially marketed tobacco products. mitting such smoking article to be marketed the evidence before the Administrator when (2) SOLD OR DISTRIBUTED.— would be appropriate for the protection of such order was issued, that such smoking ar- (A) IN GENERAL.—With respect to a tobacco the public health; ticle is not shown to conform in all respects product, the term ‘‘sold or distributed for (B) the methods used in, or the facilities or to a smoking article standard which is in ef- use to reduce harm or the risk of tobacco-re- controls used for, the manufacture, proc- fect under section 111, compliance with lated disease associated with commercially essing, or packing of such smoking article do which was a condition to the issuance of an marketed tobacco products’’ means a to- not conform to the requirements of section order relating to the application, and that bacco product— 110(e); there is a lack of adequate information to (i) the label, labeling, or advertising of (C) based on a fair evaluation of all mate- justify the deviation from such standard. which represents explicitly or implicitly rial facts, the proposed labeling is false or (2) APPEAL.—The holder of an application that— misleading in any particular; or subject to an order issued under paragraph (I) the tobacco product presents a lower (D) such smoking article is not shown to (1) withdrawing an order issued pursuant to risk of tobacco-related disease or is less conform to a smoking article standard in ef- subsection (c)(1)(A) may, by petition filed on harmful than one or more other commer- fect under section 111, and there is a lack of or before the 30th day after the date upon cially marketed tobacco products; adequate information to justify the devi- which such holder receives notice of such (II) the tobacco product or its smoke con- ation from such standard. withdrawal, obtain review thereof in accord- tains a reduced level of a substance or pre- (3) DENIAL INFORMATION.—Any denial of an ance with section 116. sents a reduced exposure to a substance; or application shall, insofar as the Adminis- (3) TEMPORARY SUSPENSION.—If, after pro- (III) the tobacco product or its smoke does trator determines to be practicable, be ac- viding an opportunity for an informal hear- not contain or is free of a substance; companied by a statement informing the ap- ing, the Administrator determines there is (ii) the label, labeling, or advertising of plicant of the measures required to remove reasonable probability that the continuation which uses the descriptors ‘‘light’’, ‘‘mild’’, such application from deniable form (which of distribution of a smoking article under an ‘‘low’’, ‘‘medium’’, ‘‘ultra light’’, ‘‘low tar’’ measures may include further research by order would cause serious, adverse health or ‘‘ultra low tar’’; or the applicant in accordance with 1 or more consequences or death, that is greater than (iii) the tobacco product manufacturer of protocols prescribed by the Administrator). ordinarily caused by smoking articles on the which has taken any action directed to con- (4) BASIS FOR FINDING.—For purposes of market, the Administrator shall by order sumers through the media or otherwise, this section, the finding as to whether the temporarily suspend the authority of the other than by means of the tobacco product’s commercial introduction of a smoking arti- manufacturer to market the product. If the label, labeling, or advertising, after the date cle for which an application has been sub- Administrator issues such an order, the Ad- of enactment of the Act, respecting the prod- mitted is appropriate for the protection of ministrator shall proceed expeditiously uct that would be reasonably expected to re- the public health shall be determined with under paragraph (1) to withdraw such appli- sult in consumers believing that the tobacco respect to the risks and benefits to the users cation. product or its smoke may present a lower

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.054 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6089 risk of disease or is less harmful than one or bidity and mortality among individual to- (C) any postmarket surveillance or studies more commercially marketed tobacco prod- bacco users. reveal that the order is no longer consistent ucts, or presents a reduced exposure to, or (2) SPECIAL RULE FOR CERTAIN PRODUCTS.— with the protection of the public health; does not contain or is free of, a substance or The Administrator may issue an order that a (4) the applicant failed to conduct or sub- substances. tobacco product may be introduced or deliv- mit the postmarket surveillance and studies (B) LIMITATION.—No tobacco product shall ered for introduction into interstate com- required under subsection (g)(2)(C)(ii) or sub- be considered to be ‘‘sold or distributed for merce, pursuant to an application under this section (i); or use to reduce harm or the risk of tobacco-re- section, with respect to a tobacco product (5) the applicant failed to meet a condition lated disease associated with commercially that may not be commercially marketed imposed under subsection (h). marketed tobacco products’’, except as de- under paragraph (1) if the Secretary makes (k) CHAPTER IV OR V.—A product for which scribed in subparagraph (A). the findings required under this paragraph the Administrator has issued an order pursu- (C) SMOKELESS TOBACCO PRODUCT.—No and determines that the applicant has dem- ant to subsection (g) shall not be subject to smokeless tobacco product shall be consid- onstrated that— chapter IV or V of the Federal Food, Drug, ered to be ‘‘sold or distributed for use to re- (A) such order would be appropriate to pro- and Cosmetic Act. duce harm or the risk of tobacco-related dis- mote the public health; and (l) IMPLEMENTING REGULATIONS OR GUID- ease associated with commercially marketed (B) the scientific evidence that is available ANCE.— tobacco products’’. without conducting long-term epidemiolog- (1) SCIENTIFIC EVIDENCE.—Not later than 2 (3) EFFECTIVE DATE.—The provisions of ical studies demonstrates that a measurable years after the date of enactment of the Act, paragraph (2)(A)(ii) shall take effect 12 and substantial reduction in morbidity or the Administrator shall issue regulations or months after the date of enactment of the mortality among individual tobacco users is guidance (or any combination thereof) on the Act. reasonably likely in subsequent studies. scientific evidence required for assessment (c) TOBACCO DEPENDENCE PRODUCTS.—A (3) BASIS.—The determinations under para- and ongoing review of reduced risk tobacco product that is intended to be used for the graphs (1) and (2) shall be based on— products. Such regulations or guidance treatment of tobacco dependence, including (A) the scientific evidence submitted by shall— smoking cessation, is not a reduced risk to- the applicant; and (A) to the extent that adequate scientific bacco product under this section if it has (B) scientific evidence and other informa- evidence exists, establish minimum stand- been approved as a drug or device by the tion that is made available to the Adminis- ards for scientific studies needed prior to Center and is subject to the requirements of trator. issuing an order under subsection (g) to show chapter V. a reasonable likelihood that a substantial re- (h) ADDITIONAL CONDITIONS FOR MAR- (d) FILING.—Any person may file with the duction in morbidity or mortality among in- KETING.— Administrator an application for a reduced dividual tobacco users occurs for products (1) REDUCED RISK PRODUCTS.—The Adminis- risk tobacco product. Such application shall described in subsection (g)(1) or is reason- trator shall require for the marketing of a include— ably likely for products described in sub- product under this section that any adver- (1) a description of the proposed product section (g)(2); tising or labeling concerning reduced risk and any proposed advertising and labeling; (B) include validated biomarkers, inter- products enable the public to comprehend (2) the conditions for using the product; mediate clinical endpoints, and other fea- the information concerning reduced risk and (3) the formulation of the product; sible outcome measures, as appropriate; to understand the relative significance of (4) sample product labels and labeling; (C) establish minimum standards for such information in the context of total (5) all documents (including underlying postmarket studies, that shall include reg- health and in relation to all of the diseases scientific information) relating to research ular and long-term assessments of health and health-related conditions associated findings conducted, supported, or possessed outcomes and mortality, intermediate clin- with the use of cigarettes and other tobacco by the tobacco product manufacturer relat- ical endpoints, consumer perception of harm products. ing to the effect of the product on tobacco- reduction, and the impact on quitting behav- (2) COMPARATIVE CLAIMS.—The Adminis- related diseases and health-related condi- ior and new use of tobacco products, as ap- trator may require for the marketing of a tions, including information both favorable propriate; product under this subsection that a claim and unfavorable to the ability of the product (D) establish minimum standards for re- comparing a tobacco product to other com- to reduce risk or exposure and relating to quired postmarket surveillance, including mercially marketed tobacco products shall human health; ongoing assessments of consumer perception; compare the tobacco product to the known (6) data and information on how consumers and risk of cigarettes. actually use the tobacco product; and (E) establish a reasonable timetable for the (7) such other information as the Adminis- (i) POSTMARKET SURVEILLANCE AND STUD- Administrator to review an application trator may require. IES.—Under the guidance of the Scientific under this section. (e) PUBLIC AVAILABILITY.—The Adminis- Advisory Committee, the Tobacco Harm Re- (2) CONSULTATION.—The regulations or trator shall make the application described duction Center shall engage in postmarket guidance issued under paragraph (1) may be in subsection (d) publicly available (except surveillance studies and other research as developed in consultation with the Institute matters in the application which are trade needed to ascertain the health impact of of Medicine, and with the input of other ap- secrets or otherwise confidential, commer- each of the major classes of tobacco and propriate scientific and medical experts, on cial information) and shall request com- other nicotine containing products in the the design and conduct of such studies and ments by interested persons on the informa- United States, ascertain the possible pres- surveillance. tion contained in the application and on the ence of unusual levels of harm from specific (3) REVISION.—The regulations or guidance label, labeling, and advertising accom- tobacco products, and determine the steps under paragraph (1) shall be revised on a reg- panying such application. that should be taken to further reduce ill- ular basis as new scientific information be- (f) ADVISORY COMMITTEE.— ness, death and other social harms from to- comes available. (1) IN GENERAL.—The Administrator shall bacco products. (4) NEW TOBACCO PRODUCTS.—Not later than refer to the Tobacco Products Scientific Ad- 2 years after the date of enactment of the visory Committee any application submitted (j) WITHDRAWAL OF AUTHORIZATION.—The Act, the Administrator shall issue a regula- under this section. Administrator, after an opportunity for an tion or guidance that permits the filing of a (2) RECOMMENDATIONS.—Not later than 60 informal hearing, shall withdraw an order single application for any tobacco product days after the date an application is referred under subsection (g) if the Administrator de- that is a new tobacco product under section to the Tobacco Products Scientific Advisory termines that— 114 and which the applicant seeks to com- Committee under paragraph (1), the Advisory (1) the applicant, based on new informa- mercially market under this section. Committee shall report its recommendations tion, can no longer make the demonstrations on the application to the Administrator. required under subsection (g), or the Admin- SEC. 115. JUDICIAL REVIEW. (g) MARKETING.— istrator can no longer make the determina- (a) RIGHT TO REVIEW.— (1) REDUCED RISK PRODUCTS.—Except as tions required under subsection (g); (1) IN GENERAL.—Not later than 60 days provided in paragraph (2), the Administrator (2) the application failed to include mate- after— shall, with respect to an application sub- rial information or included any untrue (A) the promulgation of a regulation under mitted under this section, issue an order statement of material fact; section 111 establishing, amending, or revok- that a reduced risk product may be commer- (3) any explicit or implicit representation ing a tobacco product standard; or cially marketed only if the Administrator that the product reduces risk or exposure is (B) a denial of an application under section determines that the applicant has dem- no longer valid, including if— 114(c), onstrated that such product, as it is actually (A) a tobacco product standard is estab- any person adversely affected by such regu- used by consumers, will— lished pursuant to section 111; lation or denial may file a petition for judi- (A) significantly reduce harm and the risk (B) an action is taken that affects the risks cial review of such regulation or denial with of tobacco-related disease to individual to- presented by other commercially marketed the United States Court of Appeals for the bacco users; and tobacco products that were compared to the District of Columbia or for the circuit in (B) is reasonably likely to result in meas- product that is the subject of the applica- which such person resides or has their prin- urable and substantial reductions in mor- tion; or cipal place of business.

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(2) REQUIREMENTS.— sold by a single tobacco product manufac- timely submitted by a tobacco product man- (A) COPY OF PETITION.—A copy of the peti- turer that are identical in all respects except ufacturer in accordance with paragraph (2), tion filed under paragraph (1) shall be trans- the labels, packaging design, logo, trade that a lack of available laboratory capacity mitted by the clerk of the court involved to dress, trademark, brand name, or any com- prevents the manufacturer from completing the Administrator. bination thereof, shall be considered as a sin- the required testing during the period de- (B) RECORD OF PROCEEDINGS.—On receipt of gle brand style; and scribed in paragraph (3). a petition under subparagraph (A), the Ad- (2) may require that tobacco product man- (f) RULE OF CONSTRUCTION.—Nothing in ministrator shall file in the court in which ufacturers, packagers, or importers make subsection (d) or (e) shall be construed to au- such petition was filed— disclosures relating to the results of the thorize the extension of any deadline, or to (i) the record of the proceedings on which testing of tar and nicotine through labels or otherwise affect any timeframe, under any the regulation or order was based; and advertising. provision of this Act other than this section. (ii) a statement of the reasons for the (c) AUTHORITY.—The Administrator shall have the authority under this Act to conduct SEC. 118. PRESERVATION OF STATE AND LOCAL issuance of such a regulation or order. AUTHORITY. (C) DEFINITION OF RECORD.—In this section, or to require the testing, reporting, or dis- the term ‘‘record’’ means— closure of tobacco product constituents, in- (a) IN GENERAL.— (i) all notices and other matter published cluding smoke constituents. (1) PRESERVATION.—Except as provided in in the Federal Register with respect to the (d) JOINT LABORATORY TESTING SERVICES.— paragraph (2)(A), nothing in this Act, or The Administrator shall allow any 2 or more regulation or order reviewed; rules promulgated under this Act, shall be tobacco product manufacturers to join to- (ii) all information submitted to the Ad- construed to limit the authority of a Federal gether to purchase laboratory testing serv- ministrator with respect to such regulation agency (including the Armed Forces), a ices required by this section on a group basis or order; State or political subdivision of a State, or in order to ensure that such manufacturers the government of an Indian tribe to enact, (iii) proceedings of any panel or advisory receive access to, and fair pricing of, such committee with respect to such regulation adopt, promulgate, and enforce any law, testing services. rule, regulation, or other measure with re- or order; (e) EXTENSIONS FOR LIMITED LABORATORY (iv) any hearing held with respect to such spect to tobacco products that is in addition CAPACITY.— to requirements established under this Act, regulation or order; and (1) IN GENERAL.—The regulations promul- (v) any other information identified by the including a law, rule, regulation, or other gated under subsection (a) shall provide that measure relating to or prohibiting the sale, Administrator, in the administrative pro- a tobacco product manufacturer shall not be ceeding held with respect to such regulation distribution, possession, or use of tobacco considered to be in violation of this section products by individuals of any age, informa- or order, as being relevant to such regulation before the applicable deadline, if— or order. tion reporting to the State. No provision of (A) the tobacco products of such manufac- this Act shall limit or otherwise affect any (b) STANDARD OF REVIEW.—Upon the filing turer are in compliance with all other re- State, Tribal, or local taxation of tobacco of the petition under subsection (a) for judi- quirements of this Act; and cial review of a regulation or order, the products. (B) the conditions described in paragraph (2) PREEMPTION OF CERTAIN STATE AND court shall have jurisdiction to review the (2) are met. regulation or order in accordance with chap- LOCAL REQUIREMENTS.— (2) CONDITIONS.—Notwithstanding the re- (A) IN GENERAL.—No State or political sub- ter 7 of title 5, United States Code, and to quirements of this section, the Adminis- grant appropriate relief, including interim division of a State may establish or continue trator may delay the date by which a to- in effect with respect to a tobacco product relief, as provided for in such chapter. A reg- bacco product manufacturer must be in com- ulation or denial described in subsection (a) any requirement which is different from, or pliance with the testing and reporting re- in addition to, any requirement under the shall be reviewed in accordance with section quired by this section until such time as the 706(2)(A) of title 5, United States Code. provisions of this Act relating to tobacco testing is reported if, not later than 90 days product standards, premarket review, adul- (c) FINALITY OF JUDGMENT.—The judgment before the deadline for reporting in accord- teration, misbranding, labeling, registration, of the court affirming or setting aside, in ance with this section, a tobacco product whole or in part, any regulation or order good manufacturing standards, or reduced manufacturer provides evidence to the Ad- risk tobacco products. shall be final, subject to review by the Su- ministrator demonstrating that— preme Court of the United States upon cer- (B) EXCEPTION.—Subparagraph (A) does not (A) the manufacturer has submitted the re- apply to requirements relating to the sale, tiorari or certification, as provided in sec- quired products for testing to a laboratory tion 1254 of title 28, United States Code. distribution, possession, information report- and has done so sufficiently in advance of ing to the State, use of, tobacco product by (d) OTHER REMEDIES.—The remedies pro- the deadline to create a reasonable expecta- vided for in this section shall be in addition individuals of any age. Information disclosed tion of completion by the deadline; to a State under subparagraph (A) that is ex- to, and not in lieu of, any other remedies (B) the products currently are awaiting provided by law. empt from disclosure under section 552(b)(4) testing by the laboratory; and of title 5, United States Code, shall be treat- (e) REGULATIONS AND ORDERS MUST RECITE (C) neither that laboratory nor any other ed as a trade secret and confidential infor- BASIS IN RECORD.—To facilitate judicial re- laboratory is able to complete testing by the mation by the State. view, a regulation or order issued under sec- deadline at customary, nonexpedited testing (b) RULE OF CONSTRUCTION REGARDING tion 110, 111, 112, 113, 114, or 119 shall contain fees. PRODUCT LIABILITY.—No provision of this Act a statement of the reasons for the issuance (3) EXTENSION.—The Administrator, taking relating to a tobacco product shall be con- of such regulation or order in the record of into account the laboratory testing capacity strued to modify or otherwise affect any ac- the proceedings held in connection with its that is available to tobacco product manu- tion or the liability of any person under the issuance. facturers, shall review and verify the evi- product liability law of any State. SEC. 116. JURISDICTION OF AND COORDINATION dence submitted by a tobacco product manu- WITH THE FEDERAL TRADE COMMIS- facturer in accordance with paragraph (2). If SEC. 119. TOBACCO PRODUCTS SCIENTIFIC ADVI- SION. the Administrator finds that the conditions SORY COMMITTEE. Except where expressly provided in this described in such paragraph are met, the Ad- (a) ESTABLISHMENT.—Not later than 6 Act, nothing in this Act shall be construed ministrator shall notify the tobacco product months after the date of enactment of this as limiting or diminishing the authority of manufacturer that the manufacturer shall Act, the Administrator shall establish a 19- the Federal Trade Commission to enforce the not be considered to be in violation of the member advisory committee, to be known as laws under its jurisdiction with respect to testing and reporting requirements of this the Tobacco Products Scientific Advisory the advertising, sale, or distribution of to- section until the testing is reported or until Committee (in this section referred to as the bacco products. 1 year after the reporting deadline has ‘‘Advisory Committee’’). SEC. 117. REGULATION REQUIREMENT. passed, whichever occurs sooner. If, however, (b) MEMBERSHIP.— (a) TESTING, REPORTING, AND DISCLOSURE.— the Administrator has not made a finding be- (1) IN GENERAL.— Not later than 36 months after the date of fore the reporting deadline, the manufac- (A) MEMBERS.—The Administrator shall enactment of the Act, the Administrator turer shall not be considered to be in viola- appoint as members of the Tobacco Harm shall promulgate regulations under this Act tion of such requirements until the Adminis- Reduction Advisory Committee individuals that meet the requirements of subsection (b). trator finds that the conditions described in who are technically qualified by training and (b) CONTENTS OF RULES.—The regulations paragraph (2) have not been met, or until 1 experience in medicine, public health, med- promulgated under subsection (a)— year after the reporting deadline, whichever ical ethics or other science or technology in- (1) shall require annual testing and report- occurs sooner. volving the means by which cigarettes and ing of tobacco product constituents, ingredi- (4) ADDITIONAL EXTENSION.—In addition to other tobacco products cause illness, death ents, and additives, including smoke con- the time that may be provided under para- and other societal harms, and the steps that stituents, by brand style that the Adminis- graph (3), the Administrator may provide can be taken by government and the private trator determines should be tested to protect further extensions of time, in increments of sector to most rapidly and substantially re- the public health, provided that, for purposes no more than 1 year, for required testing and duce said illness, death and other societal of the testing requirements of this para- reporting to occur if the Administrator de- harms. The committee shall be composed graph, tobacco products manufactured and termines, based on evidence properly and of—

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.054 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6091 (i) 10 individuals who are physicians, den- information which is exempt from disclosure area is occupied by required text. The text tists, other scientists or other public health under section 552(b) of title 5, United States shall be black on a white background, or or healthcare professionals; Code. white on a black background, in a manner (ii) 4 individuals representing the general SEC. 120. DRUG PRODUCTS USED TO TREAT TO- that contrasts, by typography, layout, or public; BACCO DEPENDENCE. color, with all other printed material on the (iii) 2 representatives of the interests of (a) REPORT ON INNOVATIVE PRODUCTS.— package, in an alternating fashion under the the tobacco manufacturing industry; (1) IN GENERAL.—Not later than 3 years plan submitted under subsection (c). The (iv) 1 representative of the interests of the after the date of enactment of this Act, the Secretary shall by regulation adjust the for- small business tobacco manufacturing indus- Administrator, after consultation with rec- mat and type size of the warnings required try, which position may be filled on a rotat- ognized scientific, medical, and public health under this Act to include color graphics de- ing, sequential basis by representatives of experts (including both Federal agencies and picting the negative health consequences of different small business tobacco manufactur- nongovernmental entities, the Institute of smoking on the bottom portion of the front ers based on areas of expertise relevant to Medicine of the National Academy of and rear panels. the topics being considered by the Advisory Sciences, and the Society for Research on ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- Committee; Nicotine and Tobacco), shall submit to the TION.—The provisions of this subsection do (v) 1 individual as a representative of the Congress a report that examines how best to not apply to a tobacco product manufacturer interests of the tobacco growers; and promote, and encourage the development and or distributor of cigarettes which does not (vi) 1 individual who is an expert in illicit use by current tobacco users of innovative manufacture, package, or import cigarettes trade of tobacco products. tobacco and nicotine products and treat- for sale or distribution within the United (B) CONFLICTS OF INTEREST.—No members ments (including nicotine-based and non-nic- States. of the committee, other than members ap- otine-based products and treatments) to bet- ‘‘(4) APPLICABILITY TO RETAILERS.—A re- pointed pursuant to clauses (iv), (v), and (vi) ter achieve, in a manner that best protects tailer of cigarettes shall not be in violation of subparagraph (A) shall, during the mem- and promotes the public health— of this subsection for packaging that— ber’s tenure on the committee or for the 18- (A) total abstinence from tobacco use; ‘‘(A) contains a warning label; month period prior to becoming such a mem- (B) reductions in consumption of tobacco; ‘‘(B) is supplied to the retailer by a license- ber, receive any salary, grants, or other pay- and or permit-holding smoking article manufac- ments or support from any business that (C) reductions in the harm associated with turer, importer, or distributor; and manufactures, distributes, markets, or sells continued tobacco use by moving current ‘‘(C) is not altered by the retailer in a way cigarettes or other tobacco products or gov- users to noncombustible tobacco products. that is material to the requirements of this ernment agency with any form of jurisdic- (2) RECOMMENDATIONS.—The report under subsection. tion over tobacco products. paragraph (1) shall include the recommenda- ‘‘(b) ADVERTISING REQUIREMENTS.— (2) LIMITATION.—The Administrator may tions of the Administrator on how the To- ‘‘(1) IN GENERAL.—It shall be unlawful for not appoint to the Advisory Committee any bacco Harm and Reduction Center should co- any tobacco product manufacturer, im- individual who is in the regular full-time ordinate and facilitate the exchange of infor- porter, distributor, or retailer of cigarettes employ of the Tobacco Harm Reduction Cen- mation on such innovative products and to advertise or cause to be advertised within ter or any agency responsible for the en- treatments among relevant offices and cen- the United States any cigarette unless its forcement of this Act. The Administrator ters within the Center and within the Na- advertising bears, in accordance with the re- may appoint Federal officials as ex officio tional Institutes of Health, the Centers for quirements of this section, one of the labels members. Disease Control and Prevention, and other specified in subsection (a). (3) CHAIRPERSON.—The Administrator shall relevant Federal and State agencies. ‘‘(2) TYPOGRAPHY, ETC.—Each label state- designate 1 of the members appointed under TITLE II—TOBACCO PRODUCTS WARN- ment required by subsection (a) in cigarette clauses (i), (ii), and (iii) of paragraph (1)(A) INGS; CONSTITUENT AND SMOKE CON- advertising shall comply with the standards to serve as chairperson. STITUENT DISCLOSURE set forth in this paragraph. For press and (c) DUTIES.—The Tobacco Products Sci- entific Advisory Committee shall provide ad- SEC. 201. CIGARETTE LABEL AND ADVERTISING poster advertisements, each such statement vice, information, and recommendations to WARNINGS. and (where applicable) any required state- the Administrator— (a) AMENDMENT.—Section 4 of the Federal ment relating to tar, nicotine, or other con- (1) as provided in this Act; Cigarette Labeling and Advertising Act (15 stituent (including a smoke constituent) (2) on the implementation of prevention, U.S.C. 1333) is amended to read as follows: yield shall comprise at least 20 percent of the cessation, and harm reduction policies; ‘‘SEC. 4. LABELING. area of the advertisement and shall appear in (3) on implementation of policies and pro- ‘‘(a) LABEL REQUIREMENTS.— a conspicuous and prominent format and lo- grams to fully inform consumers of the re- ‘‘(1) IN GENERAL.—It shall be unlawful for cation at the bottom of each advertisement spective risks of tobacco products; and any person to manufacture, package, sell, within the trim area. The word ‘WARNING’ (4) on its review of other safety, depend- offer to sell, distribute, or import for sale or shall appear in capital letters, and each label ence, or health issues relating to tobacco distribution within the United States any statement shall appear in conspicuous and products as requested by the Administrator. cigarettes the package of which fails to bear, legible type. The text of the label statement (d) COMPENSATION; SUPPORT; FACA.— in accordance with the requirements of this shall be black if the background is white and (1) COMPENSATION AND TRAVEL.—Members section, one of the following labels: white if the background is black, under the of the Advisory Committee who are not offi- ‘‘WARNING: Cigarettes are addictive. plan submitted under subsection (c). The cers or employees of the United States, while ‘‘WARNING: Tobacco smoke can harm label statements shall be enclosed by a rec- attending conferences or meetings of the your children. tangular border that is the same color as the committee or otherwise engaged in its busi- ‘‘WARNING: Cigarettes cause fatal lung letters of the statements and that is the ness, shall be entitled to receive compensa- disease. width of the first downstroke of the capital tion at rates to be fixed by the Adminis- ‘‘WARNING: Cigarettes cause cancer. ‘W’ of the word ‘WARNING’ in the label trator, which may not exceed the daily ‘‘WARNING: Cigarettes cause strokes and statements. The text of such label state- equivalent of the rate in effect under the heart disease. ments shall be in a typeface pro rata to the Senior Executive Schedule under section 5382 ‘‘WARNING: Smoking during pregnancy following requirements: 45-point type for a of title 5, United States Code, for each day can harm your baby. whole-page broadsheet newspaper advertise- (including travel time) they are so engaged; ‘‘WARNING: Smoking can kill you. ment; 39-point type for a half-page and while so serving away from their homes ‘‘WARNING: Tobacco smoke causes fatal broadsheet newspaper advertisement; 39- or regular places of business each member lung disease in nonsmokers. point type for a whole-page tabloid news- may be allowed travel expenses, including ‘‘WARNING: Quitting smoking now greatly paper advertisement; 27-point type for a half- per diem in lieu of subsistence, as authorized reduces serious risks to your health. page tabloid newspaper advertisement; 31.5- by section 5703 of title 5, United States Code, ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each point type for a double page spread magazine for persons in the Government service em- label statement required by paragraph (1) or whole-page magazine advertisement; 22.5- ployed intermittently. shall be located in the lower portion of the point type for a 28 centimeter by 3 column (2) ADMINISTRATIVE SUPPORT.—The Admin- front panel of the package, directly on the advertisement; and 15-point type for a 20 cen- istrator shall furnish the Advisory Com- package underneath the cellophane or other timeter by 2 column advertisement. The mittee clerical and other assistance. clear wrapping. Each label statement shall label statements shall be in English, except (3) NONAPPLICATION OF FACA.—Section 14 of comprise at least the bottom 25 percent of that— the Federal Advisory Committee Act does the front panel of the package. The word ‘‘(A) in the case of an advertisement that not apply to the Advisory Committee. ‘WARNING’ shall appear in capital letters appears in a newspaper, magazine, peri- (e) PROCEEDINGS OF ADVISORY PANELS AND and all text shall be in conspicuous and leg- odical, or other publication that is not in COMMITTEES.—The Advisory Committee shall ible 17-point type, unless the text of the label English, the statements shall appear in the make and maintain a transcript of any pro- statement would occupy more than 70 per- predominant language of the publication; ceeding of the panel or committee. Each cent of such area, in which case the text may and such panel and committee shall delete from be in a smaller conspicuous and legible type ‘‘(B) in the case of any other advertisement any transcript made under this subsection size, provided that at least 60 percent of such that is not in English, the statements shall

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.054 S03JNPT1 jbell on PROD1PC69 with SENATE S6092 CONGRESSIONAL RECORD — SENATE June 3, 2009 appear in the same language as that prin- shall have the discretion to add warnings re- appear in the same language as that prin- cipally used in the advertisement. lating to mouth cancer, gum disease, and cipally used in the advertisement. ‘‘(3) MATCHBOOKS.—Notwithstanding para- tooth loss to those smokeless products that ‘‘(3)(A) The label statements specified in graph (2), for matchbooks (defined as con- have a demonstrated risk of such hazards. subsection (a)(1) shall be randomly displayed taining not more than 20 matches) custom- ‘‘(3) The two main rotating warnings in each 12-month period, in as equal a num- arily given away with the purchase of should be extended to the ‘nicotine con- ber of times as is possible on each brand of smokeless tobacco products, each label taining products.’ the product and be randomly distributed in statement required by subsection (a) may be ‘‘(4) The label statements required by para- all areas of the United States in which the printed on the inside cover of the match- graph (1) shall be introduced by each smoke- product is marketed in accordance with a book. less tobacco product manufacturer, pack- plan submitted by the smokeless tobacco ‘‘(c) MARKETING REQUIREMENTS.— ager, importer, distributor, or retailer of product manufacturer, importer, distributor, ‘‘(1) RANDOM DISPLAY.—The label state- smokeless tobacco products concurrently or retailer and approved by the Secretary. ments specified in subsection (a)(1) shall be into the distribution chain of such products. ‘‘(B) The label statements specified in sub- randomly displayed in each 12-month period, ‘‘(5) The provisions of this subsection do section (a)(1) shall be rotated quarterly in al- in as equal a number of times as is possible not apply to a smokeless tobacco product ternating sequence in advertisements for on each brand of the product and be ran- manufacturer or distributor of any smoke- each brand of smokeless tobacco product in domly distributed in all areas of the United less tobacco product that does not manufac- accordance with a plan submitted by the States in which the product is marketed in ture, package, or import smokeless tobacco smokeless tobacco product manufacturer, accordance with a plan submitted by the products for sale or distribution within the importer, distributor, or retailer to, and ap- smokeless tobacco product manufacturer, United States. proved by, the Secretary. importer, distributor, or retailer and ap- ‘‘(6) A retailer of smokeless tobacco prod- ‘‘(C) The Secretary shall review each plan proved by the Secretary. ucts shall not be in violation of this sub- submitted under subparagraphs (A) and (B) ‘‘(2) ROTATION.—The label statements spec- section for packaging that— and approve it if the plan— ified in subsection (a)(1) shall be rotated ‘‘(A) contains a warning label; ‘‘(i) will provide for the equal distribution quarterly in alternating sequence in adver- ‘‘(B) is supplied to the retailer by a license- and display on packaging and the rotation tisements for each brand of cigarettes in ac- or permit-holding smokeless tobacco product required in advertising under this sub- cordance with a plan submitted by the manufacturer, importer, or distributor; and section; and smokeless tobacco product manufacturer, ‘‘(C) is not altered by the retailer in a way ‘‘(ii) assures that all of the labels required importer, distributor, or retailer to, and ap- that is material to the requirements of this under this section will be displayed by the proved by, the Secretary. subsection. smokeless tobacco product manufacturer, ‘‘(b) REQUIRED LABELS.— ‘‘(3) REVIEW.—The Secretary shall review importer, distributor, or retailer at the same ‘‘(1) It shall be unlawful for any smokeless each plan submitted under paragraph (2) and time. tobacco product manufacturer, packager, approve it if the plan— ‘‘(D) This paragraph applies to a retailer importer, distributor, or retailer of smoke- ‘‘(A) will provide for the equal distribution only if that retailer is responsible for or di- less tobacco products to advertise or cause and display on packaging and the rotation rects the label statements under this sec- to be advertised within the United States required in advertising under this sub- tion, unless the retailer displays, in a loca- any smokeless tobacco product unless its ad- section; and tion open to the public, an advertisement vertising bears, in accordance with the re- ‘‘(B) assures that all of the labels required that does not contain a warning label or has quirements of this section, one of the labels under this section will be displayed by the been altered by the retailer in a way that is specified in subsection (a). smokeless tobacco product manufacturer, material to the requirements of this sub- ‘‘(2)(A) Each label statement required by section. importer, distributor, or retailer at the same subsection (a) in smokeless tobacco adver- time. ‘‘(c) TELEVISION AND RADIO ADVERTISING.— tising shall comply with the standards set It is unlawful to advertise smokeless tobacco ‘‘(4) APPLICABILITY TO RETAILERS.—This forth in this paragraph. on any medium of electronic communica- subsection and subsection (b) apply to a re- ‘‘(B) For press and poster advertisements, tions subject to the jurisdiction of the Fed- tailer only if that retailer is responsible for each such statement and (where applicable) eral Communications Commission.’’. or directs the label statements required any required statement relating to nicotine, (b) EFFECTIVE DATE.—The amendment under this section except that this paragraph or other constituent yield shall comprise at made by subsection (a) shall take effect 24 shall not relieve a retailer of liability if the least 20 percent of the area of the advertise- months after the date of enactment of this retailer displays, in a location open to the ment. Act. Such effective date shall be with respect public, an advertisement that does not con- ‘‘(C) The word ‘WARNING’ shall appear in to the date of manufacture, provided that, in tain a warning label or has been altered by capital letters, and each label statement any case, beginning 30 days after such effec- the retailer in a way that is material to the shall appear in conspicuous and legible type. tive date, a manufacturer shall not introduce requirements of this subsection and sub- ‘‘(D) The text of the label statement shall into the domestic commerce of the United section (b).’’. be black on a white background, or white on States any product, irrespective of the date (b) EFFECTIVE DATE.—The amendment a black background, in an alternating fash- of manufacture, that is not in conformance made by subsection (a) shall take effect 24 ion under the plan submitted under para- with section 3 of the Comprehensive Smoke- months after the date of enactment of this graph (3). less Tobacco Health Education Act of 1986 (15 Act. Such effective date shall be with respect ‘‘(E) The label statements shall be enclosed U.S.C. 4402), as amended by subsection (a). to the date of manufacture, provided that, in by a rectangular border that is the same TITLE III—PUBIC DISCLOSURES BY any case, beginning 30 days after such effec- color as the letters of the statements and TOBACCO PRODUCTS MANUFACTURERS tive date, a manufacturer shall not introduce that is the width of the first downstroke of SEC. 301. DISCLOSURES ON PACKAGES OF TO- into the domestic commerce of the United the capital ‘W’ of the word ‘WARNING’ in BACCO PRODUCTS. States any product, irrespective of the date the label statements. (a) BACK FACE FOR REQUIRED DISCLO- of manufacture, that is not in conformance ‘‘(F) The text of such label statements SURES.—For purposes of this section— with section 4 of the Federal Cigarette La- shall be in a typeface pro rata to the fol- (1) the principal face of a package of a to- beling and Advertising Act (15 U.S.C. 1333), lowing requirements: 45-point type for a bacco product is the face that has the largest as amended by subsection (a). whole-page broadsheet newspaper advertise- surface area or, for faces with identical sur- SEC. 202. SMOKELESS TOBACCO LABELS AND AD- ment; 39-point type for a half-page face areas, any of the faces that have the VERTISING WARNINGS. broadsheet newspaper advertisement; 39- largest surface area; a package shall not be (a) AMENDMENT.—Section 3 of the Com- point type for a whole-page tabloid news- characterized as having more than 2 prin- prehensive Smokeless Tobacco Health Edu- paper advertisement; 27-point type for a half- cipal faces; cation Act of 1986 (15 U.S.C. 4402) is amended page tabloid newspaper advertisement; 31.5- (2) the front face shall be the principal face to read as follows: point type for a double page spread magazine of the package; ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. or whole-page magazine advertisement; 22.5- (3) if the front and back faces are of dif- ‘‘(a) GENERAL RULE.— point type for a 28 centimeter by 3 column ferent sizes in terms of area, then the larger ‘‘(1) It shall be unlawful for any person to advertisement; and 15-point type for a 20 cen- face shall be the front face; manufacture, package, sell, offer to sell, dis- timeter by 2 column advertisement. (4) the back face shall be the principal face tribute, or import for sale or distribution ‘‘(G) The label statements shall be in of a package that is opposite the front face within the United States any smokeless to- English, except that— of the package; bacco product unless the product package ‘‘(i) in the case of an advertisement that (5) the bottom 50 percent of the back face bears, in accordance with the requirements appears in a newspaper, magazine, peri- of the package shall be allocated for required of this Act, the following labels: odical, or other publication that is not in package disclosures in accordance with this ‘‘WARNING: Smokeless tobacco is addict- English, the statements shall appear in the section; and ive. predominant language of the publication; (6) if a package of a tobacco product is cy- ‘‘(2) Rotating warnings for all smokeless and lindrical, a contiguous area constituting 30 products shall consist of ‘lower risk than ‘‘(ii) in the case of any other advertisement percent of the total surface area of the cyl- cigarettes’ and ‘addictive’ and the Secretary that is not in English, the statements shall inder shall be deemed the back face.

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(b) REQUIRED INFORMATION ON BACK FACE.— be available solely for disclosures required without regard to the quantity used, and in- Not later than 24 months after the effective by or under this Act, the Comprehensive cluding, separately, each spice, each natural date of this Act, the bottom 50 percent of the Smokeless Tobacco Health Education Act of or artificial flavoring, and each preservative. back face of a package of a tobacco product 1986, sections 4401–4408 of title 15, United (2) LISTING.—The ingredients shall be list- shall be available solely for disclosures re- States Code, and any other Federal statute. ed by their respective common or usual quired by or under this Act, the Federal Cig- Such disclosures shall include a list of ingre- names in descending order of predominance arette Labeling and Advertising Act, sec- dients as required by subsection (e). by the total weight used annually by the to- tions 1331–1340 of title 15, United States (c) PACKAGE DISCLOSURE OF INGREDIENTS.— bacco product manufacturer in manufac- Code, and any other Federal statute. Such Commencing 24 months after the effective turing tobacco products for commercial dis- disclosures shall include— date of this Act, a package of smokeless to- tribution domestically. (1) the printed name and address of the bacco shall bear a list of the common or (d) NO REQUIRED DISCLOSURE OF QUAN- manufacturer, packer, or distributor, and usual names of the ingredients present in the TITIES.—The Administrator shall not require any other identification associated with the smokeless tobacco in an amount greater any public disclosure of quantitative infor- manufacturer, packer, or distributor or with than 0.1 percent of the total dry weight of mation about any ingredient in a tobacco the tobacco product that the Administrator the tobacco (including all ingredients). product. may require; (1) Such listing of ingredients shall appears (e) DISCLOSURE ON WEBSITE.—The public (2) a list of ingredients as required by sub- under, or be conspicuously accompanied by, disclosures required by subsection (a) of this section (e); and the heading ‘‘Tobacco and principal tobacco section may be by posting on an Internet-ac- (3) the appropriate tax registration num- ingredients’’. cessible website, or other location electroni- ber. (2) Tobacco may be listed as ‘‘tobacco,’’ cally accessible to the public, which is iden- (c) PACKAGE DISCLOSURE OF INGREDIENTS.— and shall be the first listed ingredient. tified on all packages of a tobacco product Not later than 24 months after the effective (3) After tobacco, the ingredients shall be manufacturer’s tobacco products. date of this Act, the package of a tobacco listed in descending order of predominance, (f) TIMING OF INITIAL REQUIRED DISCLO- SURES.—No disclosure pursuant to this sec- product shall bear a list of the common or by weight. tion shall be required to commence until the usual names of the ingredients present in the (4) Spices and natural and artificial flavors tobacco product in an amount greater than regulations under subsection (a) have been in may be listed, respectively, as ‘‘spices’’ and 0.1 percent of the total dry weight of the to- effect for not less than 1 year. ‘‘natural and artificial flavors’’ without bacco (including all ingredients), that shall naming each. TITLE IV—PREVENTION OF ILLICIT comply with the following: (5) Preservatives may be listed as ‘‘preserv- TRADE IN TOBACCO PRODUCTS (1) Such listing of ingredients shall appear atives’’ without naming each. SEC. 401. STUDY AND REPORT ON ILLICIT TRADE. under, or be conspicuously accompanied by, (6) The disclosure of any ingredient in ac- (a) The Administrator shall, after con- the heading ‘‘Tobacco and principal tobacco cordance with this section may, at the op- sultation with other relevant agencies in- ingredients’’. tion of the tobacco product manufacturer, cluding Customs and Tobacco Tax Bureau, (2) Tobacco may be listed as ‘‘tobacco,’’ designate the functionality or purpose of conduct a study of trade in tobacco products and shall be the first listed ingredient. that ingredient. that involves passage of tobacco products ei- (3) After tobacco, the ingredients shall be (7) Not for sale to minors. ther between the States or from or to any listed in descending order of predominance, SEC. 303. PUBLIC DISCLOSURE OF INGREDIENTS. other country across any border of the by weight. United States to— (a) REGULATIONS.—Not later than 24 (4) Spices and natural and artificial flavors (1) collect data on such trade in tobacco months after the effective date of this Act, may be listed, respectively, as ‘‘spices’’ and products, including illicit trade involving to- the Administrator shall, by regulation, es- ‘‘natural and artificial flavors’’ without bacco products, and make recommendations tablish standards under which each tobacco naming each. on the monitoring and enforcement of such product manufacturer shall disclose pub- (5) Preservatives may be listed as ‘‘preserv- trade; licly, and update at least annually— atives’’ without naming each. (2) collect data on any advertising intended (1) a list of the ingredients it uses in each (6) The disclosure of any ingredient in ac- to be broadcast, transmitted, or distributed brand style it manufactures for commercial cordance with this section may, at the op- from or to the United States from or to an- distribution domestically, as provided in tion of the tobacco product manufacturer, other country and make recommendations subsection (b); and designate the functionality or purpose of on how to prevent or eliminate, and what (2) a composite list of all the ingredients it that ingredient. technologies could help facilitate the elimi- uses in any of the brand styles it manufac- (7) The package say state ‘‘Not for sale to nation of, such advertising; and tures for commercial distribution domesti- minors’’. (3) collect data on such trade in tobacco cally, as provided in subsection (c). (8) In the case of a package of cigarettes, products by person that is not— (b) INGREDIENTS TO BE DISCLOSED AS TO the package shall state that smokeless to- (A) a participating manufacturer (as that EACH BRAND STYLE.— bacco has significantly lower risks for dis- term is defined in section II(jj) of the Master (1) IN GENERAL.—With respect to the public ease and death than cigarettes. Settlement Agreement of November 23, 1998, disclosure required by subsection (a)(1), as to SEC. 302. DISCLOSURES ON PACKAGES OF between certain of the States and certain to- each brand style, the tobacco product manu- SMOKELESS TOBACCO. bacco product manufacturers); or facture shall disclose the common or usual (a) BACK FACE FOR REQUIRED DISCLO- (B) an affiliate or subsidiary of a partici- name of each ingredient present in the brand SURES.—For purposes of this section— pating manufacturer. (1) the principal face of a package of style in an amount greater than 0.1 percent (b) Not later than 18 months after the ef- smokeless tobacco is the face that has the of the total dry weight of the tobacco (in- fective date of this Act, the Administrator largest surface area or, for faces with iden- cluding all ingredients). shall submit to the Secretary, and commit- tical surface areas, any of the faces that (2) REQUIREMENTS.—Disclosure under para- tees of relevant jurisdiction in Congress, a have the largest surface area; a package graph (1) shall comply with the following: report the recommendations of the study shall not be characterized as having more (A) Tobacco may be listed as ‘‘tobacco,’’ conducted under subsection (a). and shall be the first listed ingredient. than two principal faces; SEC. 402. AMENDMENT TO SECTION 1926 OF THE (2) the front or top face shall be the prin- (B) After tobacco, the ingredients shall be PUBLIC HEALTH SERVICE ACT. cipal face of the package; listed in descending order of predominance, Section 1926 of the Public Health Service (3) if the front or top and back or bottom by weight. Act (42 U.S.C. § 300x–26) is amended by adding faces are of different sizes in terms of area, (C) Spices and natural and artificial fla- at the end thereof the following: then the larger face shall be the front or top vors may be listed, respectively, as ‘‘spices’’ ‘‘(e)(1) Subject to paragraphs (2) and (3), for face; and ‘‘natural and artificial flavors’’ without the first fiscal year after enactment and (4) the back or bottom face of the package naming each. each subsequent fiscal year, the Secretary shall be the principal face of a package that (D) Preservatives may be listed as ‘‘pre- shall reduce, as provided in subsection (h), is opposite the front or top face of the pack- servatives’’ without naming each. the amount of any grant under section 300x– age; (E) The disclosure of any ingredient in ac- 21 of this title for any State that does not (5) beginning 24 months after the effective cordance with this section may, at the op- have in effect a statute with substantially date of this Act, 50 percent of the back or tion of the tobacco product manufacturer, the following provisions: bottom face of the package shall be allocated designate the functionality or purpose of ‘‘ ‘SEC. 1. DISTRIBUTION TO MINORS. for required package disclosures in accord- that ingredient. ‘‘ ‘(a) No person shall distribute a tobacco ance with this section; and (c) AGGREGATE DISCLOSURE OF INGREDI- product to an individual under 18 years of (6) if the package is cylindrical, a contig- ENTS.— age or a different minimum age established uous area constituting 30 percent of the total (1) IN GENERAL.—The public disclosure re- under State law. A person who violates this surface area of the cylinder shall be deemed quired of a tobacco product manufacturer by subsection is liable for a civil money penalty the back face. subsection (a)(2) shall consist of a single list of not less than $25 nor more than $125 for (b) REQUIRED INFORMATION ON BACK OR BOT- of all ingredients used in any brand style a each violation of this subsection; TOM FACE.—50 percent of the back or bottom tobacco product manufacturer manufactures ‘‘ ‘(b) The employer of an employee who has face of a package of smokeless tobacco shall for commercial distribution domestically, violated subsection (a) twice while in the

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE S6094 CONGRESSIONAL RECORD — SENATE June 3, 2009 employ of such employer is liable for a civil out-of-package distribution of cigarettes and ‘‘ ‘(2) An individual under 18 years of age or money penalty of $125 for each subsequent smokeless tobacco products, and permits a a different minimum age established under violation by such employee. defense based on evidence that a prospective State law shall act solely under the super- ‘‘ ‘(c) It shall be a defense to a charge purchaser’s proof of age was reasonably re- vision and direction of the State Police or a brought under subsection (a) that— lied upon and appeared on its face to be local law enforcement authority, or public ‘‘ ‘(1) the defendant— valid. I understand that if I sell, give, or vol- health authority duly designated by the ‘‘ ‘(A) relied upon proof of age that ap- untarily provide a tobacco product to an in- State Police during a random, unannounced peared on its face to be valid in accordance dividual under 18 years of age or a different inspection; with the Preventing Disease and Death from minimum age established under State law, I ‘‘ ‘(3) An individual under 18 years of age or Tobacco Use Act; may be found responsible for a civil money a different minimum age established under ‘‘ ‘(B) had complied with the requirements penalty of not less than $25 nor more than State law used in random, unannounced in- of section 5 and, if applicable, section 7; or $125 for each violation. I promise to comply spections shall not be used in any such in- ‘‘ ‘(C) relied upon a commercially available with this law.’’ ’ ’’ spection at a store in which such individual electronic age verification service to confirm ‘‘ ‘(c) If an employer is charged with a vio- is a regular customer; and that the person was an age-verified adult; or lation of subsection (a) and the employer ‘‘ ‘(4) If an individual under 18 years of age ‘‘ ‘(2) the individual to whom the tobacco uses as a defense to such charge the defense or a different minimum age established product was distributed was at the time of provided by subsection (b), the employer under State law participating in random, un- the distribution used in violation of sub- shall be deemed to be liable for such viola- announced inspections is questioned during section 7(b). tion if such employer pays the penalty im- such an inspection about such individual’s ‘‘ ‘SEC. 2. OUT-OF-PACKAGE DISTRIBUTION. posed on the employee involved in such vio- age, such individual shall state his or her ac- ‘‘ ‘It shall be unlawful for any person to lation or in any way reimburses the em- tual age and shall present a true and correct distribute cigarettes or a smokeless tobacco ployee for such penalty. proof of age if requested at any time during product other than in an unopened package ‘‘ ‘SEC. 5. SELF-SERVICE DISPLAYS. the inspection to present it. that complies in full with section 108 of the ‘‘ ‘(a) It shall be unlawful for any person ‘‘ ‘(c) Any person who uses any individual Preventing Disease and Death from Tobacco who sells tobacco products over-the-counter under 18 years of age or a different minimum Use Act. A person who distributes a ciga- at retail to maintain packages of such prod- age established under State law, other than rette or a smokeless tobacco product in vio- ucts in any location accessible to customers as permitted by subsection (b), to test com- lation of this section is liable for a civil that is not under the control of a cashier or pliance with this Act, is liable for a civil money penalty of not less than $25 nor more other employee during regular business money penalty of not less than $25 nor more than $125 for each such violation. hours. This subsection does not apply to any than $125 for each such violation. ‘‘ ‘(d) Civil money penalties collected for ‘‘ ‘SEC. 3. SIGNAGE. adult-only facility. ‘‘ ‘(b) Any person who violates subsection violations of this Act and fees collected ‘‘ ‘It shall be unlawful for any person who under section 9 shall be used only to defray sells tobacco products over-the-counter to (a) is liable for a civil money penalty of not less than $25 nor more than $125 for each the costs of administration and enforcement fail to post conspicuously on the premises of this Act. where such person sells tobacco products such violation, except that no person shall be responsible for more than one violation ‘‘ ‘SEC. 8. LICENSURE. over-the-counter a sign communicating ‘‘ ‘(a) Each person engaged in the over-the- that— per day at any one retail store. ‘‘ ‘SEC. 6. DISTRIBUTION BY MAIL OR COURIER. counter distribution at retail of tobacco ‘‘ ‘(1) the sale of tobacco products to indi- products shall hold a license issued under viduals under 18 years of age or a different ‘‘ ‘(a) It shall be unlawful to distribute or sell tobacco products directly to consumers this section. A separate license shall be re- minimum age established under State law is quired for each place of business where to- prohibited by law; by mail or courier, unless the person receiv- ing purchase requests for tobacco products bacco products are distributed at retail. A li- ‘‘ ‘(2) the purchase of tobacco products by cense issued under this section is not assign- individuals under 18 years of age or a dif- takes reasonable action to prevent delivery to individuals who are not adults by— able and is valid only for the person in whose ferent minimum age established under State name it is issued and for the place of busi- law is prohibited by law; and ‘‘ ‘(1) requiring that addressees of the to- bacco products be age-verified adults; ness designated in the license. ‘‘ ‘(3) proof of age may be demanded before ‘‘ ‘(b) The annual license fee is $25 for each ‘‘ ‘(2) making good faith efforts to verify tobacco products are sold. place of business where tobacco products are that such addressees have attained the min- A person who fails to post a sign that com- distributed at retail. imum age for purchase of tobacco products plies fully with this section is liable for a ‘‘ ‘(c) Every application for a license, in- established by the respective States wherein civil money penalty of not less than $25 nor cluding renewal of a license, under this sec- the addresses of the addressees are located; more than $125. tion shall be made upon a form provided by and the appropriate State agency or department, ‘‘ ‘SEC. 4. NOTIFICATION OF EMPLOYEES. ‘‘ ‘(3) addressing the tobacco products de- ‘‘ ‘(a) Within 180 days of the effective date and shall set forth the name under which the livered by mail or courier to a physical ad- applicant transacts or intends to transact of the Preventing Disease and Death from dresses and not to post office boxes. Tobacco Use Act, every person engaged in business, the location of the place of busi- ‘‘ ‘(b) Any person who violates subsection ness for which the license is to be issued, the the business of selling tobacco products at (a) is liable for a civil money penalty of not retail shall implement a program to notify street address to which all notices relevant less than $25 nor more than $125 for each to the license are to be sent (in this Act re- each employee employed by that person who such violation. sells tobacco products at retail that— ferred to as ‘‘notice address’’), and any other ‘‘ ‘SEC. 7. RANDOM UNANNOUNCED INSPECTIONS; identifying information that the appropriate ‘‘ ‘(1) the sale or other distribution of to- REPORTING; AND COMPLIANCE. bacco products to any individual under 18 State agency or department may require. ‘‘ ‘(a) The State Police, or a local law en- ‘‘ ‘(d) The appropriate State agency or de- years of age or a different minimum age es- forcement authority duly designated by the partment shall issue or renew a license or tablished under State law, and the purchase, State Police, or a public health authority deny an application for a license or the re- receipt, or possession of tobacco products in shall enforce this Act in a manner that can newal of a license within 30 days of receiving a place open to the public by any individual reasonably be expected to reduce the extent a properly completed application and the li- under 18 years of age or a different minimum to which tobacco products are distributed to cense fee. The appropriate State agency or age established under State law, is prohib- individuals under 18 years of age or a dif- department shall provide notice to an appli- ited; and ferent minimum age established under State cant of action on an application denying the ‘‘ ‘(2) out-of-package distribution of ciga- law and shall conduct random, unannounced issuance of a license or refusing to renew a rettes and smokeless tobacco products is inspections in accordance with the proce- license. prohibited. dures set forth in this Act and in regulations ‘‘ ‘(e) Every license issued by the appro- Any employer failing to provide the required issued under section 1926 of the Federal Pub- priate State agency or department pursuant notice to any employee shall be liable for a lic Health Service Act (42 U.S.C. § 300x–26). to this section shall be valid for 1 year from civil money penalty of not less than $25 nor ‘‘ ‘(b) The State may engage an individual the date of issuance and shall be renewed more than $125 for each such violation. under 18 years of age or a different minimum upon application except as otherwise pro- ‘‘ ‘(b) It shall be a defense to a charge that age established under State law to test com- vided in this Act. an employer violated subsection (a) of this pliance with this Act, except that such an in- ‘‘ ‘(f) Upon notification of a change of ad- section that the employee acknowledged re- dividual may be used to test compliance with dress for a place of business for which a li- ceipt, either in writing or by electronic this Act only if the testing is conducted cense has been issued, a license shall be re- means, prior to the alleged violation, of a under the following conditions: issued for the new address without the filing statement in substantially the following ‘‘ ‘(1) Prior to use of any individual under of a new application. form: 18 years of age or a different minimum age ‘‘ ‘(g) The appropriate State agency or de- ‘‘I understand that State law prohibits the established under State law in a random, un- partment shall notify every person in the distribution of tobacco products to individ- announced inspection, written consent shall State who is engaged in the distribution at uals under 18 years of age or a different min- be obtained from a parent, custodian, or retail of tobacco products of the license re- imum age established under State law and guardian of such individual; quirements of this section and of the date by

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6095 which such person should have obtained a li- months subsequent to the date of such rev- preceding the fiscal year for which the State cense. ocation. Revocation or suspension of a li- is seeking the grant; ‘‘ ‘(h)(1) Except as provided in paragraph cense with respect to a particular place of ‘‘(ii) the extent of success the State has (2), any person who engages in the distribu- business shall not be grounds to deny an ap- achieved in reducing the availability of to- tion at retail of tobacco products without a plication for a new license, to refuse to bacco products to individuals under 18 years license required by this section is liable for renew a license, or to revoke or suspend an of age or a different minimum age estab- a civil money penalty in an amount equal to existing license at any other place of busi- lished under State law, including the results (i) two times the applicable license fee, and ness. of the inspections conducted under subpara- (ii) $50 for each day that such distribution ‘‘ ‘(f) A licensee may seek judicial review of graph (A); and continues without a license. an action of the appropriate State agency or ‘‘(iii) the strategies to be utilized by the ‘‘ ‘(2) Any person who engages in the dis- department suspending, revoking, denying, State for enforcing such law during the fiscal tribution at retail of tobacco products after or refusing to renew a license under this sec- year for which the grant is sought. a license issued under this section has been tion by filing a complaint in a court of com- ‘‘(g) The law specified in subsection (e)(1) suspended or revoked is liable for a civil petent jurisdiction. Any such complaint may be administered and enforced by a State money penalty of $100 per day for each day shall be filed within 30 days after the date on using— on which such distribution continues after which notice of the action is received by the ‘‘(1) any amounts made available to the the date such person received notice of such licensee. The court shall review the evidence State through a grant under section 300x–21 suspension or revocation. de novo. of this title; ‘‘ ‘(i) No person shall engage in the dis- ‘‘ ‘(g) The State shall not report any action ‘‘(2) any amounts made available to the tribution at retail of tobacco products on or suspending, revoking, denying, or refusing to State under section 300w of this title; after 180 days after the date of enactment renew a license under this section to the ‘‘(3) any fees collected for licenses issued this Act unless such person is authorized to Federal Secretary of Health and Human pursuant to the law described in subsection do so by a license issued pursuant to this Services, unless the opportunity for judicial (e)(1); section or is an employee or agent of a per- review of the action pursuant to subsection ‘‘(4) any fines or penalties assessed for vio- son that has been issued such a license. (f), if any, has been exhausted or the time for lations of the law specified in subsection ‘‘ ‘SEC. 9. SUSPENSION, REVOCATION, DENIAL, seeking such judicial review has expired. (e)(1); or AND NONRENEWAL OF LICENSES. ‘‘ ‘SEC. 10. NO PRIVATE RIGHT OF ACTION. ‘‘(5) any other funding source that the leg- ‘‘ ‘(a) Upon a finding that a licensee has ‘‘ ‘Nothing in this Act shall be construed to islature of the State may prescribe by stat- been determined by a court of competent ju- create a right of action by any private per- ute. risdiction to have violated this Act during son for any violation of any provision of this ‘‘(h) Before making a grant under section the license term, the State shall notify the Act. 300x–21 of this title to a State for the first licensee in writing, served personally or by ‘‘ ‘SEC. 11. JURISDICTION AND VENUE. applicable fiscal year or any subsequent fis- registered mail at the notice address, that ‘‘ ‘Any action alleging a violation of this cal year, the Secretary shall make a deter- any subsequent violation of this Act at the Act may be brought only in a court of gen- mination of whether the State has main- same place of business may result in an ad- eral jurisdiction in the city or county where tained compliance with subsections (e) and ministrative action to suspend the license the violation is alleged to have occurred. (f) of this section. If, after notice to the for a period determined by the specify the ‘‘ ‘SEC. 12. REPORT. State and an opportunity for a hearing, the appropriate State agency or department. ‘‘ ‘The appropriate State agency or depart- Secretary determines that the State is not ‘‘ ‘(b) Upon finding that a further violation ment shall prepare for submission annually in compliance with such subsections, the by this Act has occurred involving the same to the Federal Secretary of Health and Secretary shall reduce the amount of the al- place of business for which the license was Human Services the report required by sec- lotment under section 300x–21 of this title for issued and the licensee has been served no- tion 1926 of the Federal Public Health Serv- the State for the fiscal year involved by an tice once under subsection (a), the appro- ice Act (42 U.S.C. 300x–26).’ ’’. amount equal to— priate State agency or department may ini- ‘‘(2) In the case of a State whose legisla- ‘‘(1) In the case of the first applicable fiscal tiate an administrative action to suspend ture does not convene a regular session in year, 10 percent of the amount determined the license for a period to be determined by fiscal year 2007, and in the case of a State under section 300x–33 for the State for the the appropriate State agency or department whose legislature does not convene a regular fiscal year; but not to exceed six months. If an adminis- session in fiscal year 2008, the requirement ‘‘(2) In the case of the first fiscal year fol- trative action to suspend a license is initi- described in subsection (e)(1) as a condition lowing such applicable fiscal year, 20 percent ated, the appropriate State agency or depart- of a receipt of a grant under section 300x–21 of the amount determined under section ment shall immediately notify the licensee of this title shall apply only for fiscal year 300x–33 for the State for the fiscal year; in writing at the notice address of the initi- 2009 and subsequent fiscal years. ‘‘(3) In the case of the second such fiscal ation of the action and the reasons therefor ‘‘(3) Subsection (e)(1) shall not affect any year, 30 percent of the amount determined and permit the licensee an opportunity, at State or local law that (A) was in effect on under section 300x–33 for the State for the least 30 days after written notice is served the date of introduction of the Federal To- fiscal year; and personally or by registered mail upon the li- bacco Act of 2007, and (B) covers the same ‘‘(4) In the case of the third such fiscal censee, to show why suspension of the li- subject matter as the law described in sub- year or any subsequent fiscal year, 40 per- cense would be unwarranted or unjust. section (e)(1). Any State law that meets the cent of the amount determined under section ‘‘ ‘(c) The appropriate State agency or de- conditions of this paragraph shall also be 300x–33 for the State for the fiscal year. partment may initiate an administrative ac- deemed to meet the requirement described in The Secretary shall not have authority or tion to revoke a license that previously has subsection (e)(1) as a condition of a receipt of discretion to grant to any State a waiver of been suspended under subsection (b) if, after a grant under section 300x–21 of this title, if the terms and requirements of this sub- the suspension and during the one-year pe- such State law is at least as stringent as the section or subsection (e) or (f). riod for which the license was issued, the li- law described in subsection (e)(1). ‘‘(i) For the purposes of subsections (e) censee committed a further violation of this ‘‘(f)(1) For the first applicable fiscal year through (h) of this section the term ‘first ap- Act, at the same place of business for which and for each subsequent fiscal year, a fund- plicable fiscal year’ means— the license was issued. If an administrative ing agreement for a grant under section ‘‘(1) fiscal year 2009, in the case of any action to revoke a license is initiated, the 300x–21 of this title is a funding agreement State described in subsection (e)(2) of this appropriate State agency or department under which the State involved will enforce section; and shall immediately notify the licensee in the law described in subsection (e)(1) of this ‘‘(2) fiscal year 2008, in the case of any writing at the notice address of the initi- section in a manner that can reasonably be other State. ation of the action and the reasons therefor expected to reduce the extent to which to- ‘‘(j) For purposes of subsections (e) through and permit the licensee an opportunity, at bacco products are available to individuals (h) of this section, references to section 300x– least 30 days after written notice is served under the age of 18 or a different minimum 21 shall include any successor grant pro- personally or by registered mail upon the li- age established under State law for the pur- grams.‘’ censee, to show why revocation of the license chase of tobacco products. ‘‘(k) As required by paragraph (1), and sub- would be unwarranted or unjust. ‘‘(2) For the first applicable fiscal year and ject to paragraph (4), an Indian tribe shall ‘‘ ‘(d) A person whose license has been sus- for each subsequent fiscal year, a funding satisfy the requirements of subsection (e)(1) pended or revoked with respect to a place of agreement for a grant under section 300x–21 of this section by enacting a law or ordi- business pursuant to this section shall pay a of this title is a funding agreement under nance with substantially the same provisions fee of $50 for the renewal or reissuance of the which the State involved will— as the law described in subsection (e)(1). license at that same place of business, in ad- ‘‘(A) conduct random, unannounced inspec- ‘‘(1) An Indian tribe shall comply with sub- dition to any applicable annual license fees. tions to ensure compliance with the law de- section (e)(1) of this section within 180 days ‘‘ ‘(e) Revocation of a license under sub- scribed in subsection (e)(1); and after the Administrator finds, in accordance section (c) with respect to a place of business ‘‘(B) annually submit to the Secretary a with this paragraph, that— shall not be grounds to deny an application report describing— ‘‘(A) the Indian tribe has a governing body by any person for a new license with respect ‘‘(i) the activities carried out by the State carrying out substantial governmental pow- to such place of business for more than 12 to enforce such law during the fiscal year ers and duties;

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE S6096 CONGRESSIONAL RECORD — SENATE June 3, 2009 ‘‘(B) the functions to be exercised by the ‘‘(B) ‘Indian tribe’ has the meaning as- egories of tobacco products and nicotine-con- Indian tribe under this Act pertain to activi- signed that term in section 4(e) of the Indian taining products to the general public not ties on trust land within the jurisdiction of Self Determination and Education Assist- later than January 1, 2010. Thereafter, on an the tribe; and ance Act, section 450b(e) of title 25, United annual basis, the Administrator shall, by ‘‘(C) the Indian tribe is reasonably ex- States Code. order, promulgate to the general public up- pected to be capable of carrying out the ‘‘(C) ‘Tribal lands’ means all lands within dated rankings that are (1) in accordance functions required under this section. the exterior boundaries of any Indian res- with those regulations, and (2) reflect the Within 2 years of the date of enactment of ervation, all lands the title to which is held scientific evidence available at the time of promulgation. The Administrator shall open the Federal Tobacco Act of 2007, as to each by the United States in trust for an Indian and maintain an ongoing public docket for Indian tribe in the United States, the Ad- tribe, or lands the title to which is held by receipt of data and other information sub- ministrator shall make the findings con- an Indian tribe subject to a restriction by mitted by any person with respect to such templated by this paragraph or determine the United States against alienation, and all annual promulgation of rankings. that such findings cannot be made, in ac- dependent Indian communities. cordance with the procedures specified in ‘‘(D) ‘tribal organization’ has the meaning TITLE V—ENFORCEMENT PROVISIONS paragraph (4). assigned that term in section 4(l) of the In- SEC. 501. PROHIBITED ACTS. ‘‘(2) As to Indian tribes subject to sub- dian Self Determination and Education As- The following acts and the causing thereof section (e)(1) of this section, the Adminis- sistance Act, section 450b(l) of title 25, are hereby prohibited— trator shall promulgate regulations that— United States Code.’’. (1) the introduction or delivery for intro- ‘‘(A) provide whether and to what extent, if SEC. 403. ESTABLISHMENT OF RANKINGS. duction into interstate commerce of any to- any, the law described in subsection (e)(1) (a) STANDARDS AND PROCEDURES FOR bacco product that is adulterated or mis- may be modified as adopted by Indian tribes; RANKINGS.—Within 24 months after the effec- branded; and tive date of this Act, the Administrator (2) the adulteration or misbranding of any ‘‘(B) ensure, to the extent possible, that shall, by regulation, after consultation with tobacco product in interstate commerce; each Indian tribe’s retailer licensing pro- an Advisory Committee established for such (3) the receipt in interstate commerce of gram under subsection (e)(1) is no less strin- purpose, establish the standards and proce- any tobacco product that is known to be gent than the program of the State or States dures for promulgating rankings, com- adulterated or misbranded, and the delivery in which the Indian tribe is located. prehensible to consumers of tobacco prod- or proffered delivery thereof for pay or oth- ‘‘(3) If with respect to any Indian tribe the ucts, of the following categories of tobacco erwise; Administrator determines that compliance products and also nicotine-containing prod- (4) the failure to establish or maintain any with the requirements of subsection (e)(1) is ucts on the basis of the relative risks of seri- record, or make any report or other submis- inappropriate or administratively infeasible, ous or chronic tobacco-related diseases and sion, or to provide any notice required by or under this Act; or the refusal to permit ac- the Administrator shall specify other means adverse health conditions those categories of cess to, verification of, or copying of any for the Indian tribe to achieve the purposes tobacco products and also nicotine-con- record as required by this Act; of the law described in subsection (e)(1) with taining products respectively present— (5) the refusal to permit entry or inspec- respect to persons who engage in the dis- (1) smoking articles, including— tion as authorized by this Act; tribution at retail of tobacco products on (A) cigarettes; (6) the making to the Administrator of a tribal lands. (B) cigars; statement, report, certification or other sub- ‘‘(4) The findings and regulations promul- (C) little cigars; mission required by this Act, with knowl- gated under paragraphs (1) and (2) shall be (D) loose tobacco for roll-your own tobacco edge that such statement, report, certifi- promulgated in conformance with section 553 products; cation, or other submission is false in a ma- of title 5, United States Code, and shall com- (E) loose tobacco for pipes, hookas, and terial aspect; ply with the following provisions: other pipe-like devices; and (7) the manufacturing, shipping, receiving, ‘‘(A) In making findings as provided in (F) other smoking articles; storing, selling, distributing, possession, or paragraph (1), and in drafting and promul- (2) smokeless products, including— use of any tobacco product with knowledge gating regulations as provided in paragraph (A) chewing tobacco; that it is an illicit tobacco product; (2) (including drafting and promulgating any (B) dry snuff; (8) the forging, simulating without proper revised regulations), the Administrator shall (C) snus (a type of moist snuff); permission, falsely representing, or without confer with, and allow for active participa- (D) other forms of moist snuff; and proper authority using any brand name; tion by, representatives and members of In- (E) dissolvable tobacco products (such as (9) the using by any person to his or her dian tribes, and tribal organizations. sticks, orbs, or lozenges); and own advantage, or revealing, other than to ‘‘(B) In carrying out rulemaking processes (3) nicotine containing non-tobacco or to- the Administrator or officers or employees under this subsection, the Administrator bacco extract products, including— of the Agency, or to the courts when rel- shall follow the guidance of subchapter III of (A) nicotine gum; evant in any judicial proceeding under this chapter 5 of title 5, United States Code, com- (B) nicotine patches; Act, any information acquired under author- monly known as the ‘Negotiated Rulemaking (C) electronic cigarettes; and ity of this Act concerning any item which as Act of 1990.’ (D) other forms of such products. a trade secret is entitled to protection; ex- ‘‘(C) The tribal participants in the negotia- The Administrator shall not have authority cept that the foregoing does not authorize tion process referred to in subparagraph (B) or discretion to establish a relative-risk the withholding of information from either shall be nominated by and shall represent ranking of any category or subcategory of House of Congress or from, to the extent of the groups described in this subsection and tobacco products or any category or sub- matter within its jurisdiction, any com- shall include tribal representatives from all category of nicotine-containing products mittee or subcommittee of such committee geographic regions. other than the ten categories specified in or any joint committee of Congress or any ‘‘(D) The negotiations conducted under this subsection. subcommittee of such joint committee; this paragraph (4) shall be conducted in a (b) CONSIDERATIONS IN PROMULGATING REG- (10) the alteration, mutilation, destruc- timely manner. ULATIONS.—In promulgating regulations tion, obliteration, or removal of the whole or ‘‘(E) If the Administrator determines that under this section, the Administrator— any part of the labeling of, or the doing of an extension of the deadlines under sub- (1) shall take into account relevant epi- any other act with respect to, a tobacco section (k)(1) of this section is appropriate, demiologic studies and other relevant com- product, if such act is done while such to- the Secretary may submit proposed legisla- petent and reliable scientific evidence; and bacco product is held for sale (whether or not tion to Congress for the extension of such (2) in assessing the risks of serious or the first sale) after shipment in interstate deadlines. chronic tobacco-related diseases and adverse commerce, and results in such tobacco prod- ‘‘(5) This subsection shall not affect any health conditions presented by a particular uct being adulterated or misbranded; law or ordinance that (A) was in effect on category, shall consider the range of tobacco (11) the importation of any tobacco prod- tribal lands on the date of introduction of products or nicotine-containing products uct that is adulterated, misbranded, or oth- the Preventing Disease and Death from To- within the category, and shall give appro- erwise not in compliance with this Act; and bacco Use Act, and (B) covers the same sub- priate weight to the market shares of the re- (12) the commission of any act prohibited ject matter as the law described in sub- spective products in the category. by section 201 of this Act. section (e)(1). Any law or ordinance that (c) PROMULGATION OF RANKINGS OF CAT- SEC. 502. INJUNCTION PROCEEDINGS. meets the conditions of this paragraph shall EGORIES.—Once the initial regulations re- (a) The district courts of the United States also be deemed to meet the requirement de- quired by subsection (a) are in effect, the Ad- shall have jurisdiction, for cause shown, to scribed in subsection (k)(1), if such law or or- ministrator shall promptly, by order, after restrain violations of this Act, except for dinance is at least as stringent as the law de- notice and an opportunity for comment, pro- violations of section 701(k). scribed in subsection (e)(1). mulgate to the general public rankings of (b) In case of an alleged violation of an in- ‘‘(6) For purposes of this subsection— the categories of tobacco products and nico- junction or restraining order issued under ‘‘(A) ‘Administrator’ means the Adminis- tine-containing products in accordance with this section, which also constitutes a viola- trator of the Tobacco Harm Reduction Cen- those regulations. The Administrator shall tion of this Act, trial shall be by the court, ter. promulgate the initial rankings of those cat- or upon demand of the defendant, by a jury.

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PENALTIES. as above provided, the proceeding pending or courts having jurisdiction of the cases cov- (a) CRIMINAL PENALTIES.—Any person who instituted shall, on application of the claim- ered thereby. willfully violates a provision of section 501 of ant, seasonably made, be removed for trial to (c) SAMPLES AND ANALYSES.—The court at this Act shall be imprisoned for not more any district agreed upon by stipulation be- any time after seizure up to a reasonable than one year or fined not more than $25,000, tween the parties, or, in case of failure to so time before trial shall by order allow any or both. stipulate within a reasonable time, the party to a condemnation proceeding, the par- (b) CIVIL PENALTIES FOR VIOLATION OF SEC- claimant may apply to the court of the dis- ty’s attorney or agent, to obtain a represent- TION 803.— trict in which the seizure has been made, and ative sample of the article seized and a true (1) Any person who knowingly distributes such court (after giving the United States copy of the analysis, if any, on which the or sells, other than through retail sale or re- attorney for such district reasonable notice proceeding is based and the identifying tail offer for sale, any cigarette brand style and opportunity to be heard) shall by order, marks or numbers, if any, of the packages in violation of section 803(a)— unless good cause to the contrary is shown, from which the samples analyzed were ob- (A) for a first offense shall be liable for a specify a district of reasonable proximity to tained. civil penalty not to exceed $10,000 for each the claimant’s principal place of business, to (d) DISPOSITION OF CONDEMNED TOBACCO distribution or sale, or which the case shall be removed for trial. PRODUCTS.—(1) Any tobacco product con- (B) for a second offense shall be liable for (2) The following shall be liable to be pro- demned under this section shall, after entry a civil penalty not to exceed $25,000 for each ceeded against at any time on libel of infor- of the decree, be disposed of by destruction distribution or sale, mation and condemned in any district court or sale as the court may, in accordance with except that the penalty imposed against any of the United States within the jurisdiction the provisions of this section, direct; and the person with respect to violations during any of which they are found— proceeds thereof, if sold, less the legal costs 30-day period shall not exceed $100,000. (A) any tobacco product that is an illicit and charges, shall be paid into the Treasury of the United States; but such tobacco prod- (2) Any retailer who knowingly distributes, tobacco product; uct shall not be sold under such decree con- sells or offers for sale any cigarette brand (B) any container of an illicit tobacco trary to the provisions of this Act or the style in violation of section 803(a) shall— product; laws of the jurisdiction in which sold. After (A) for a first offense for each sale or offer (C) any equipment or thing used in making entry of the decree and upon the payment of for sale of cigarettes, if the total number of an illicit tobacco product; and the costs of such proceedings and the execu- packages of cigarettes sold or offered for (D) any adulterated or misbranded tobacco tion of a good and sufficient bond condi- sale— product. tioned that such article shall not be sold or (i) does not exceed 50 packages of ciga- (3)(A) Except as provided in subparagraph disposed of contrary to the provisions of this rettes, be liable for a civil penalty not to ex- (B), no libel for condemnation may be insti- Act or the laws of any State in which sold, ceed $500 for each sale or offer for sale, and tuted under paragraph (1) or (2) against any the court may by order direct that such to- (ii) exceeds 50 packages of cigarettes, be tobacco product which— bacco product be delivered to the owner liable for a civil penalty not to exceed $1,000 (i) is misbranded under this Act because of thereof to be destroyed or brought into com- for each sale or offer for sale; its advertising, and pliance with the provisions of this Act, under (B) for each subsequent offense for each (ii) is being held for sale to the ultimate the supervision of an officer or employee sale or offer for sale of cigarettes, if the total consumer in an establishment other than an duly designated by the Administrator; and number of cigarettes sold or offered for establishment owned or operated by a manu- the expenses of such supervision shall be sale— facturer, packer, or distributor of the to- paid by the person obtaining release of the (i) does not exceed 50 packages of ciga- bacco product. tobacco product under bond. If the tobacco rettes, be liable for a civil penalty not to ex- (B) A libel for condemnation may be insti- product was imported into the United States ceed $2,000 for each sale or offer for sale, and tuted under paragraph (1) or (2) against a to- and the person seeking its release establishes (ii) exceeds 50 packages of cigarettes, be bacco product described in subparagraph (A) (A) that the adulteration, misbranding, or liable for a civil penalty not to exceed $5,000 if the tobacco product’s advertising which violation did not occur after the tobacco for each sale or offer for sale; resulted in the tobacco product being mis- product was imported, and (B) that the per- except that the penalty imposed against any branded was disseminated in the establish- son seeking the release of the tobacco prod- person during any 30-day period shall not ex- ment in which the tobacco product is being uct had no cause for believing that it was ceed $25,000. held for sale to the ultimate consumer— adulterated, misbranded, or in violation be- (i) such advertising was disseminated by, SEC. 504. SEIZURE. fore it was released from customs custody, or under the direction of, the owner or oper- (a) ARTICLES SUBJECT TO SEIZURE.— the court may permit the tobacco product to ator of such establishment, or (1) Any tobacco product that is adulterated be delivered to the owner for exportation (ii) all or part of the cost of such adver- or misbranded when introduced into or while under section 709 in lieu of destruction upon in interstate commerce or while held for sale tising was paid by such owner or operator. (b) PROCEDURES.—The tobacco product, a showing by the owner that there is a rea- (whether or not the first sale) after shipment sonable certainty that the tobacco product in interstate commerce, or which may not, equipment, or other thing proceeded against shall be liable to seizure by process pursuant will not be re-imported into the United under the provisions of this Act, be intro- States. duced into interstate commerce, shall be lia- to the libel, and the procedure in cases under this section shall conform, as nearly as may (2) The provisions of paragraph (1) of this ble to be proceeded against while in inter- be, to the procedure in admiralty; except subsection shall, to the extent deemed appro- state commerce, or at any time thereafter, that on demand of either party any issue of priate by the court, apply to any equipment on libel of information and condemned in fact joined in any such case shall be tried by or other thing which is not otherwise within any district court of the United States with- jury. When libel for condemnation pro- the scope of such paragraph and which is re- in the jurisdiction of which the tobacco prod- ceedings under this section, involving the ferred to in paragraph (2) of subsection (a). uct is found. No libel for condemnation shall same claimant and the same issues of adul- (3) Whenever in any proceeding under this be instituted under this Act for any alleged teration or misbranding, are pending in two section, involving paragraph (2) of subsection misbranding if there is pending in any court or more jurisdictions, such pending pro- (a), the condemnation of any equipment or a libel for condemnation proceeding under ceedings, upon application of the claimant thing (other than a tobacco product) is de- this Act based upon the same alleged mis- seasonably made to the court of one such ju- creed, the court shall allow the claim of any branding, and not more than one such pro- risdiction, shall be consolidated for trial by claimant, to the extent of such claimant’s ceeding shall be instituted if no such pro- order of such court, and tried in (1) any dis- interest, for remission or mitigation of such ceeding is so pending, except that such limi- trict selected by the claimant where one of forfeiture if such claimant proves to the sat- tations shall not apply— such proceedings is pending; or (2) a district isfaction of the court (A) that such claimant (A) when such misbranding has been the agreed upon by stipulation between the par- has not caused the equipment or thing to be basis of a prior judgment in favor of the ties. If no order for consolidation is so made within one of the categories referred to in United States, in a criminal, injunction, or within a reasonable time, the claimant may such paragraph (2) and has no interest in any libel for condemnation proceeding under this apply to the court of one such jurisdiction tobacco product referred to therein, (B) that Act, or and such court (after giving the United such claimant has an interest in such equip- (B) when the Administrator has probable States attorney for such district reasonable ment or other thing as owner or lienor or cause to believe from facts found, without notice and opportunity to be heard) shall by otherwise, acquired by such claimant in good hearing, by the Administrator or any officer order, unless good cause to the contrary is faith, and (C) that such claimant at no time or employee of the Agency that the mis- shown, specify a district of reasonable prox- had any knowledge or reason to believe that branded tobacco product is dangerous to imity to the claimant’s principal place of such equipment or other thing was being or health beyond the inherent danger to health business, in which all such pending pro- would be used in, or to facilitate, the viola- posed by tobacco, or that the labeling of the ceedings shall be consolidated for trial and tion of laws of the United States relating to misbranded tobacco product is fraudulent, or tried. Such order of consolidation shall not any illicit tobacco product. would be in a material respect misleading to apply so as to require the removal of any (e) COSTS AND FEES.—When a decree of con- the injury or damage of the purchaser or case the date for trial of which has been demnation is entered against the tobacco consumer. In any case where the number of fixed. The court granting such order shall product or other article, court costs and fees, libel for condemnation proceedings is limited give prompt notification thereof to the other and storage and other proper expenses shall

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.056 S03JNPT1 jbell on PROD1PC69 with SENATE S6098 CONGRESSIONAL RECORD — SENATE June 3, 2009 be awarded against the person, if any, inter- opportunity, or to confirm or terminate such into the United States, giving notice thereof vening as claimant of the tobacco product or order, the order is deemed to be terminated. to the owner or consignee, who may appear other article. (B) EFFECT OF INSTITUTING COURT ACTION.— before the Administrator and have the right (f) REMOVAL FOR TRIAL.—In the case of re- The process under subparagraph (A) for the to introduce testimony. The Administrator moval for trial of any case as provided by appeal of an order under paragraph (1) termi- shall furnish to the Secretary of Homeland subsection (a) or (b)— nates if the Administrator institutes an ac- Security a list of establishments registered (1) The clerk of the court from which re- tion under subsection (a) or section 702 re- pursuant to subsection (d) of section 109 of moval is made shall promptly transmit to garding the tobacco product involved. this Act, and shall request that, if any to- the court in which the case is to be tried all SEC. 505. REPORT OF MINOR VIOLATIONS. bacco products manufactured, prepared, or records in the case necessary in order that Nothing in this Act shall be construed as processed in an establishment not so reg- such court may exercise jurisdiction. requiring the Administrator to report for istered are imported or offered for import (2) The court to which such case was re- prosecution, or for institution of libel or in- into the United States, samples of such to- moved shall have the powers and be subject junction proceedings, minor violations of bacco products be delivered to the Adminis- to the duties, for purposes of such case, this Act whenever the Administrator be- trator, with notice of such delivery to the which the court from which removal was lieves that the public interest will be ade- owner or consignee, who may appear before made would have had, or to which such court quately served by a suitable written notice the Administrator and have the right to in- would have been subject, if such case had not or warning. troduce testimony. If it appears from the ex- amination of such samples or otherwise that been removed. SEC. 506. INSPECTION. (1) such tobacco product is forbidden or re- (g) ADMINISTRATIVE DETENTION OF TOBACCO (a) AUTHORITY TO INSPECT.—The Adminis- stricted in sale in the country in which it PRODUCTS.— trator shall have the power to inspect the was produced or from which it was exported, (1) DETENTION AUTHORITY.— premises of a tobacco product manufacturer or (2) such tobacco product is adulterated, (A) IN GENERAL.—An officer or qualified for purposes of determining compliance with misbranded, or otherwise in violation of this employee of the Agency may order the de- this Act, or the regulations promulgated Act, then such tobacco product shall be re- tention, in accordance with this subsection, under it. Officers of the Agency designated fused admission, except as provided in sub- of any tobacco product that is found during by the Administrator, upon presenting ap- section (b) of this section. The Secretary of propriate credentials and a written notice to an inspection, examination, or investigation Homeland Security shall cause the destruc- the person in charge of the premises, are au- under this Act conducted by such officer or tion of any such tobacco product refused ad- thorized to enter, at reasonable times, with- qualified employee, if the officer or qualified mission unless such tobacco product is ex- out a search warrant, any factory, ware- employee has credible evidence or informa- ported, under regulations prescribed by the tion indicating that such article presents a house, or other establishment in which to- Secretary of Homeland Security, within threat of serious adverse health con- bacco products are manufactured, processed, ninety days of the date of notice of such re- sequences beyond those normally inherent in packaged, or held for domestic distribution. fusal or within such additional time as may the use of tobacco products. Any such inspection shall be conducted with- be permitted pursuant to such regulations. (B) ADMINISTRATOR’S APPROVAL.—A to- in reasonable limits and in a reasonable (b) DISPOSITION OF REFUSED TOBACCO PROD- bacco product or component thereof may be manner, and shall be limited to examining UCTS.—Pending decision as to the admission ordered detained under subparagraph (A) if, only those things, including but not limited of a tobacco product being imported or of- but only if, the Administrator or an official to records, relevant to determining whether fered for import, the Secretary of Homeland designated by the Administrator approves violations of this Act, or regulations under Security may authorize delivery of such to- the order. An official may not be so des- it, have occurred. No inspection authorized bacco product to the owner or consignee ignated unless the official is an officer with by this section shall extend to financial upon the execution by such consignee of a supervisory responsibility for the inspection, data, sales data other than shipment data, good and sufficient bond providing for the examination, or investigation that led to the pricing data, personnel data (other than data payment of such liquidated damages in the order. as to qualifications of technical and profes- event of default as may be required pursuant (2) PERIOD OF DETENTION.—A tobacco prod- sional personnel performing functions sub- to regulations of the Secretary of Homeland uct may be detained under paragraph (1) for ject to this Act), or research data. A sepa- Security. If it appears to the Administrator a reasonable period, not to exceed 20 days, rate notice shall be given for each such in- that a tobacco product included within the unless a greater period, not to exceed 30 spection, but a notice shall not be required provisions of clause (3) of subsection (a) of days, is necessary, to institute an action for each entry made during the period cov- this section can, by relabeling or other ac- under subsection (a) or section 702. ered by the inspection. Each such inspection tion, be brought into compliance with this (3) SECURITY OF DETAINED TOBACCO PROD- shall be commenced and completed with rea- Act or rendered other than a tobacco prod- UCT.—An order under paragraph (1) may re- sonable promptness. uct, final determination as to admission of quire that the tobacco product to be de- (b) REPORT OF OBSERVATIONS.—Before leav- such tobacco product may be deferred and, tained be labeled or marked as detained, and ing the premises, the officer of the Agency upon filing of timely written application by shall require that the tobacco product be who has supervised or conducted the inspec- the owner or consignee and the execution by maintained in or removed to a secure facil- tion shall give to the person in charge of the such consignee of a bond as provided in the ity, as appropriate. A tobacco product sub- premises a report in writing setting forth preceding provisions of this subsection, the ject to such an order shall not be transferred any conditions or practices that appear to Administrator may, in accordance with regu- by any person from the place at which the manifest a violation of this Act, or the regu- lations, authorize the applicant to perform tobacco product is ordered detained, or from lations under it. such relabeling or other action specified in the place to which the tobacco product is so (c) SAMPLES.—If the officer has obtained such authorization (including destruction or removed, as the case may be, until released any sample in the course of inspection, prior export of rejected tobacco products or por- by the Administrator or until the expiration to leaving the premises that officer shall tions thereof, as may be specified in the Ad- of the detention period applicable under such give to the person in charge of the premises ministrator’s authorization). All such re- order, whichever occurs first. This sub- a receipt describing the samples obtained. As labeling or other action pursuant to such au- section may not be construed as authorizing to each sample obtained, the officer shall thorization shall in accordance with regula- the delivery of the tobacco product pursuant furnish promptly to the person in charge of tions be under the supervision of an officer to the execution of a bond while the tobacco the premises a copy of the sample and of any or employee of the Agency designated by the product is subject to the order, and section analysis made upon the sample. Administrator, or an officer or employee of 709 does not authorize the delivery of the to- SEC. 507. EFFECT OF COMPLIANCE. the Department of Homeland Security des- bacco product pursuant to the execution of a Compliance with the provisions of this Act ignated by the Secretary of Homeland Secu- bond while the article is subject to the order. and the regulations promulgated under it rity. (4) APPEAL OF DETENTION ORDER.— shall constitute a complete defense to any (c) CHARGES CONCERNING REFUSED TOBACCO (A) IN GENERAL.—With respect to a tobacco civil action, including but not limited to any PRODUCTS.—All expenses (including travel, product ordered detained under paragraph products liability action, that seeks to re- per diem or subsistence, and salaries of offi- (1), any person who would be entitled to be a cover damages, whether compensatory or pu- cers or employees of the United States) in claimant of such tobacco product if the to- nitive, based upon an alleged defect in the connection with the destruction provided for bacco product were seized under subsection labeling or advertising of any tobacco prod- in subsection (a) of this section and the su- (a) may appeal the order to the Adminis- uct distributed for sale domestically. pervision of the relabeling or other action trator. Within five days after such an appeal SEC. 508. IMPORTS. authorized under the provisions of sub- is filed, the Administrator, after providing (a) IMPORTS; LIST OF REGISTERED FOREIGN section (b) of this section, the amount of opportunity for an informal hearing, shall ESTABLISHMENTS; SAMPLES FROM UNREGIS- such expenses to be determined in accord- confirm or terminate the order involved, and TERED FOREIGN ESTABLISHMENTS; EXAMINA- ance with regulations, and all expenses in such confirmation by the Administrator TION AND REFUSAL OF ADMISSION.—The Sec- connection with the storage, cartage, or shall be considered a final agency action for retary of Homeland Security shall deliver to labor with respect to any tobacco product re- purposes of section 702 of title 5, United the Administrator, upon request by the Ad- fused admission under subsection (a) of this States Code. If during such five-day period ministrator, samples of tobacco products section, shall be paid by the owner or con- the Administrator fails to provide such an that are being imported or offered for import signee and, in default of such payment, shall

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.056 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6099 constitute a lien against any future importa- (1) in the case of the first applicable fiscal gle-unit consumer-sized cans or packages of tions made by such owner or consignee. year, 10 percent of the amount determined smokeless tobacco, within a single month. SEC. 509. TOBACCO PRODUCTS FOR EXPORT. under section 300x–33 of title 42, United (c) RELIEF.— (a) EXEMPTION FOR TOBACCO PRODUCTS EX- States Code, for the State for the fiscal year; (1) IN GENERAL.—The district courts of the PORTED.—Except as provided in subsection (2) in the case of the first fiscal year fol- United States shall have the authority in a (b), a tobacco product intended for export lowing such applicable fiscal year, 20 percent civil action under this subsection to compel shall be exempt from this Act if— of the amount determined under section inspections authorized by subsection (a). (1) it is not in conflict with the laws of the 300x–33 of title 42, United States Code, for (2) VIOLATIONS.—Whoever violates sub- country to which it is intended fore export, the State for the fiscal year; section (a) or an order issued pursuant to as shown by either (A) a document issued by (3) in the case of the second such fiscal paragraph (1) shall be subject to a civil pen- the government of that country or (B) a doc- year, 30 percent of the amount determined alty in an amount not to exceed $10,000 for ument provided by a person knowledgeable under section 300x–33 of title 42, United each violation. with respect to the relevant laws of that States Code, for the State for the fiscal year; (d) COVERED PROVISIONS OF LAW.—The pro- country and qualified by training and experi- and visions of law referred to in this subsection ence to opine on whether the tobacco prod- (4) in the case of the third such fiscal year are— uct is or is not in conflict with such laws; or any subsequent fiscal year, 40 percent of (1) the Act of October 19, 1949 (15 U.S.C. 375; (2) it is labeled on the outside of the ship- the amount determined under section 300x–33 commonly referred to as the ‘‘Jenkins Act’’); ping package that it is intended for export; of title 42, United States Code, for the State (2) chapter 114 of title 18, United States and for the fiscal year. Code; and (3) the particular units of tobacco product The Secretary shall not have authority or (3) this Act. intended for export have not been sold or of- discretion to grant to any State a waiver of (e) DELIVERY SALE DEFINED.—In this sec- fered for sale in domestic commerce. the terms and requirements of this sub- tion, the term ‘‘delivery sale’’ has the mean- (b) PRODUCTS FOR U.S. ARMED FORCES section or subsection (a). ing given that term in 2343(e) of title 18, OVERSEAS.—A tobacco product intended for (c) DEFINITIONS.—For the purposes of this United States Code, as amended by this Act. export shall not be exempt from this Act if section— SEC. 603. SEVERABILITY. it is intended for sale or distribution to (1) The term ‘‘first applicable fiscal year’’ If any provision of this Act, the amend- members or units of the Armed Forces of the means— ments made by this Act, or the application United States located outside of the United (A) fiscal year 2011, in the case of any of any provision of this Act to any person or States. State described in subsection (a)(2) of this circumstance is held to be invalid, the re- (c) This Act shall not apply to a person section; and mainder of this Act, the amendments made that manufactures and/or distributes tobacco (B) fiscal year 2010, in the case of any other by this Act, and the application of the provi- products solely for export under subsection State. sions of this Act to any other person or cir- (a), except to the extent such tobacco prod- (2) The term ‘‘Florida Settlement Agree- cumstance shall not be affected, and shall ucts are subject to subsection (b). ment’’ means the Settlement Agreement, to- continue to be enforced to the fullest extent TITLE VI—MISCELLANEOUS PROVISIONS gether with the exhibits thereto, entered possible. into on August 25, 1997, between the State of SEC. 601. USE OF PAYMENTS UNDER THE MASTER TITLE VII—TOBACCO GROWER SETTLEMENT AGREEMENT AND IN- Florida and signatory tobacco product man- PROTECTION DIVIDUAL STATE SETTLEMENT ufacturers, as specified therein. AGREEMENTS. (3) The term ‘‘Master Settlement Agree- SEC. 701. TOBACCO GROWER PROTECTION. (a) REDUCTION OF GRANT AMOUNTS.—(1) For ment’’ means the Master Settlement Agree- No provision in this Act shall allow the fiscal year 2010 and each subsequent fiscal ment, together with the exhibits thereto, en- Administrator or any other person to require year, the Secretary shall reduce, as provided tered into on November 23, 1998, between the changes to traditional farming practices, in- in subsection (b), the amount of any grant signatory States and signatory tobacco prod- cluding standard cultivation practices, cur- under section 1921 of the Public Health Serv- uct manufacturers, as specified therein. ing processes, seed composition, tobacco ice Act (42 U.S.C. § 300x–21) for any State (4) The term ‘‘Minnesota Settlement type, fertilization, soil, record keeping, or that spends on tobacco control programs Agreement’’ means the Settlement Agree- any other requirement affecting farming from the funds received by such State pursu- ment, together with the exhibits thereto, en- practices. ant to the Master Settlement Agreement, tered into on May 8, 1998, between the State TITLE VIII—RESTRICTIONS ON YOUTH AC- the Florida Settlement Agreement, the Min- of Minnesota and signatory tobacco product CESS TO TOBACCO PRODUCTS AND EX- nesota Settlement Agreement, the Mis- manufacturers, as specified therein. POSURE OF YOUTHS TO TOBACCO sissippi Memorandum of Understanding, or (5) The term ‘‘Mississippi Memorandum of PRODUCT MARKETING AND ADVER- the Texas Settlement Agreement, as applica- Understanding’’ means the Memorandum of TISING ble, less than 20 percent of the amounts re- Understanding, together with the exhibits SEC. 801. PROHIBITIONS ON YOUTH TARGETING. ceived by that State from settlement pay- thereto and Settlement Agreement con- Effective beginning on the date that is 18 ments. templated therein, entered into on July 2, (2) In the case of a State whose legislature months after the effective date of this Act, 1997, between the State of Mississippi and does not convene a regular session in fiscal no person shall engage in any of the fol- signatory tobacco product manufacturers, as year 2009 or 2010, and in the case of a State lowing activities or practices in the adver- specified therein. whose legislature does not convene a regular tising, promotion, or marketing of any to- (6) The term ‘‘Secretary’’ means the Sec- session in fiscal year 2010, the requirement bacco product: retary of Health and Human Services. described in subsection (a)(1) as a condition (1) The use, or causing the use, of any car- (7) The term ‘‘Texas Settlement Agree- of receipt of a grant under section 1921 of the toon in the advertising, promoting, pack- ment’’ means the Settlement Agreement, to- Public Health Service Act shall apply only aging, or labeling of any tobacco product. gether with the exhibits thereto, entered for fiscal year 2009 and subsequent fiscal (2) The use, or causing the use, of any into on January 16, 1998, between the State years. human image in the advertising, promoting, of Texas and signatory tobacco product man- (b) DETERMINATION OF STATE SPENDING.— packaging, or labeling of any tobacco prod- ufacturers, as specified therein. Before making a grant under section 1921 of uct, except for the following: the Public Health Service Act, section 300x– SEC. 602. INSPECTION BY THE ALCOHOL AND TO- (A) The use, or continued use, in adver- BACCO TAX TRADE BUREAU OF 21 of title 42, United States Code, to a State RECORDS OF CERTAIN CIGARETTE tising, promoting, marketing, packaging, or for the first applicable fiscal year or any sub- AND SMOKELESS TOBACCO SELL- labeling of any human image appearing on a sequent fiscal year, the Secretary shall ERS. tobacco product package before December 31, make a determination of whether, during the (a) IN GENERAL.—Any officer of the Bureau 2009. immediately preceding fiscal year, the State of the Alcohol and Tobacco Tax Trade Bu- (B) The use, or continued use, of a human has spent on tobacco control programs, from reau may, during normal business hours, image in the advertising, promoting, or mar- the funds received by such State pursuant to enter the premises of any person described in keting of a tobacco product, if conducted the Master Settlement Agreement, the Flor- subsection (b) for the purposes of inspect- solely in an adult-only facility or facilities. ida Settlement Agreement, the Minnesota ing— (C) The use, or continued use, of a human Settlement Agreement, the Mississippi (1) any records or information required to image in a tobacco product communication Memorandum of Understanding, or the Texas be maintained by such person under the pro- means directed solely to persons that the to- Settlement Agreement, as applicable, at visions of law referred to in subsection (d); or bacco product manufacturer has a good-faith least the amount referenced in (a)(1). If, (2) any cigarettes or smokeless tobacco belief are age-verified adults. after notice to the State and an opportunity kept or stored by such person at such prem- (3) The advertising of tobacco products in for a hearing, the Secretary determines that ises. any magazine or newspaper intended for dis- the State has spent less than such amount, (b) COVERED PERSONS.—Subsection (a) ap- tribution to the general public. the Secretary shall reduce the amount of the plies to any person who engages in a delivery (4) The engaging in any brand name spon- allotment under section 300x–21 of title 42, sale, and who ships, sells, distributes, or re- sorship in the United States, other than a United States Code, for the State for the fis- ceives any quantity in excess of 10,000 ciga- brand name sponsorship occurring solely in cal year involved by an amount equal to— rettes, or any quantity in excess of 500 sin- an adult-only facility or facilities.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.056 S03JNPT1 jbell on PROD1PC69 with SENATE S6100 CONGRESSIONAL RECORD — SENATE June 3, 2009 (5) The engaging in any brand name spon- vision show, theatrical production or other ing in the award of a prize in connection sorship of any event in the United States in live performance, live or recorded perform- with advertising. which any paid participants or contestants ance of music, commercial film or video, or (20) The offering, promoting, conducting, are youths. video game), any tobacco product, tobacco or authorizing, or causing to be offered, pro- (6) The sponsoring of any athletic event be- product package, advertisement for a to- moted, conducted, or authorized, any con- tween opposing teams in any football, bas- bacco product, or any other item bearing a sumer sweepstakes, drawing, contest, or ketball, baseball, soccer, or hockey league. brand name; except for the following: other activity resulting in the award of a (7)(A) The securing of a right, by agree- (A) Performance media for which the audi- prize, based on redemption of a proof-of-pur- ment, to name any stadium or arena located ence or viewers are within one or more chase, coupon, or other item awarded as a re- within the United States with a brand name; adult-only facilities, if such performance sult of the purchase or use of a tobacco prod- or media are not audible or visible to persons uct. (B) otherwise causing a stadium or arena outside such adult-only facility or facilities. (21) The making of, or causing to be made, located within the United States to be (B) Performance media not intended to be any payment or the payment of, or causing named with a brand name. heard or viewed by the general public. to be paid, any other consideration, to any (8) The securing of a right by agreement (C) Instructional performance media that other person with regard to the display or pursuant to which payment is made or other concern tobacco products and their use, and placement of any cigarettes, or any adver- consideration is provided to use a brand that are intended to be heard or viewed only tising for cigarettes, in any retail establish- name in association with any football, bas- by, or provided only to, age-verified adults. ment that is not an adult-only facility. ketball, baseball, soccer, or hockey league, (D) Performance media used in tobacco TITLE IX—USER FEES or any team involved in any such league. product communications to age-verified (9) The use of, or causing the use of, by adults. SEC. 901. USER FEES. agreement requiring the payment of money (14) Engaging in outdoor advertising or (a) ASSESSMENT OF USER FEES.—The Ad- or other consideration, a brand name with transit advertisements of tobacco products ministrator shall assess an annual user fee any nationally recognized or nationally es- within the United States, except for the fol- for each fiscal year beginning in fiscal year tablished trade name or brand designation of lowing: 2010, in an amount calculated in accordance any non-tobacco item or service, or any na- (A) Advertising that is within an adult- with this section, upon each tobacco product tionally recognized or nationally established only facility. manufacturer (including each importer) that sports team, entertainment group or indi- (B) The use of outdoor advertising for pur- is subject to this Act. vidual celebrity for purposes of advertising, poses of identification of an adult-only facil- (b) USE OF FEE.—The Administrator shall except for an agreement between or among ity, to the extent that such outdoor adver- utilize an amount equal to the amount of persons that enter into such agreement for tising is placed at the site, premises, or loca- user fees collected under this section in each the sole purpose of avoiding infringement tion of the adult-only facility. fiscal year to pay for the costs of the activi- claims. (C) The use of outdoor advertising in iden- ties of the Tobacco Regulatory Agency re- (10) The license, express authorization, or tifying a brand name sponsorship at an lated to the regulation of tobacco products otherwise causing of any person to use or ad- adult-only facility, if such outdoor adver- under this Act. vertise within the United States any brand tising— (c) AMOUNT OF FEE.— name in a manner that— (i) is placed at the site, premises, or loca- (1) IN GENERAL.—Except as provided in (A) does not pertain to a tobacco product; tion of the adult-only facility where such paragraph (2), the total amount of user fees or brand name sponsorship will occur no more assessed for each fiscal year pursuant to this (B) causes that person to use the brand than 30 days before the start of the initial section shall be sufficient, and shall not ex- name to advertise, promote, package or sponsored event; and ceed the amount necessary, to pay for the label, distribute, or sell any product or serv- (ii) is removed within 10 days after the end costs of the activities described in sub- ice that is not a tobacco product. of the last sponsored event. section (b) for that fiscal year. (11) The marketing, distribution, offering, (15) The distribution or sale domestically (2) TOTAL.—The total assessment under selling, licensing, or authorizing of, or the of any package or other container of ciga- this section— causing to be marketed, distributed, offered, rettes containing fewer than 20 cigarettes. (A) for fiscal years 2010, 2011, and 2012 shall sold, licensed, or authorized, any apparel or (16) The advertising of tobacco products on be $100,000,000; and other merchandise (other than a tobacco any broadcast, cable, or satellite trans- (B) for each subsequent fiscal year, shall product) bearing a brand name, except— mission to a television or radio receiver, or not exceed the limit on the assessment im- (A) apparel or other merchandise that is other medium of electronic communication posed during the previous fiscal year, as ad- used by individuals representing a tobacco subject to the jurisdiction of the Federal justed by the Administrator (after notice, product manufacturer within an adult-only Communications Commission, except elec- published in the Federal Register) to be de- facility and that is not distributed, by sale tronic communications— termined on the basis of both inflationary or otherwise, to any member of the general (A) contained on log-in or home pages con- increases and guidance from the Scientific public; taining no tobacco product advertising other Advisory Committee— (B) apparel or merchandise provided to an than brand name identification; (3) NOTIFICATION.—The Administrator shall adult employee of a tobacco product manu- (B) in an adult-only facility or facilities; or notify each tobacco product manufacturer facturer for use by such employee; (C) through the Internet or other indi- subject to this section of the amount of the (C) items or materials used to hold or dis- vidual user-accessible electronic commu- annual assessment imposed on such tobacco play tobacco products at retail; nication means, including websites acces- product manufacturer under subsection (d). (D) items or materials the sole function of sible using the Internet, if the advertiser Such notifications shall occur not later than which is to advertise tobacco products; takes reasonable action to restrict access to the July 31 prior to the beginning of the fis- (E) written or electronic publications; individuals who are adults by— cal year for which such assessment is made, (F) coupons or other items used by adults (i) requiring individuals accessing such and payments of all assessments shall be solely in connection with the purchase of to- electronic communications to be age-verified made not later than 60 days after each such bacco products; adults, and notification. Such notification shall contain (G) that the composition, structure, form, (ii) making good faith efforts to verify that a complete list of the assessments imposed or appearance of any tobacco product, pack- such individuals are adults. on tobacco product manufacturers for that age, label, or labeling shall not be affected (17) The distribution or sale of tobacco fiscal year. by the prohibitions of this paragraph; and products directly to consumers by mail or (d) LIABILITY OF TOBACCO PRODUCT MANU- (H) that no person shall be required to re- courier, unless the person receiving purchase FACTURERS FOR USER FEES.— trieve, collect or otherwise recover any item requests for tobacco products takes reason- (1) IN GENERAL.—The user fee to be paid by or material that was marketed, distributed, able action to prevent delivery to individuals each tobacco product manufacturer shall be offered, sold, licensed, or caused to be mar- who are not adults by— determined in each fiscal year by multi- keted, distributed, offered, sold, or licensed (A) requiring that the addressees of the to- plying— by such person. bacco products be age-verified adults; (A) such tobacco product manufacturer’s (12) The distribution, or causing the dis- (B) making good faith efforts to verify that market share of tobacco products, as deter- tribution, of any free sample domestically, such addressees are adults; and mined under regulations issued pursuant to except in an adult-only facility or facilities (C) addressing the tobacco products deliv- subsection (e); by to individuals who are age-verified adults. ered by mail, courier or common carrier to a (B) the total user fee assessment for such (13) The making of, or causing to be made, physical address and not a post office box. fiscal year, as determined under subsection any payment or the payment of, or causing (18) The providing of any gift of a non-to- (c). to be paid, any other consideration to any bacco product, except matches, in connec- (2) LIMITATION.—Except as provided in other person to use, display, make reference tion with the purchase of a tobacco product. paragraph (3), no tobacco product manufac- to, or use as a prop in any performance me- (19) The engaging in the sponsorship or turer shall be required to pay a percentage of dium (for the purposes of this paragraph, the promotion, or causing the sponsorship or a total annual user fee for all tobacco prod- terms ‘‘performance medium’’ and ‘‘perform- promotion, of any consumer sweepstakes, uct manufacturers that exceeds the market ance media’’ mean any motion picture, tele- contest, drawing, or similar activity result- share of such manufacturer.

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(3) FAILURE TO PAY.—If— TITLE I—AUTHORITY OF THE FOOD AND tially affect interstate commerce through (A) a tobacco product manufacturer fails DRUG ADMINISTRATION the health care and other costs attributable to pay its user fee share in full by the due Sec. 101. Amendment of Federal Food, Drug, to the use of tobacco products. date; and Cosmetic Act. (12) It is in the public interest for Congress (B) the Administrator, after diligent in- Sec. 102. Final rule. to enact legislation that provides the Food quiry, concludes that such manufacturer is Sec. 103. Conforming and other amendments and Drug Administration with the authority unlikely to pay its user fee share in full by to general provisions. to regulate tobacco products and the adver- the time such payment will be needed by the Sec. 104. Study on raising the minimum age tising and promotion of such products. The to purchase tobacco products. Administrator; and benefits to the American people from enact- (C) the Administrator and the Department Sec. 105. Enforcement action plan for adver- ing such legislation would be significant in of Justice make diligent efforts to obtain tising and promotion restric- human and economic terms. payment in full from such tobacco product tions. (13) Tobacco use is the foremost prevent- manufacturer; Sec. 106. Studies of progress and effective- the Administrator may re-allocate the un- ness. able cause of premature death in America. It paid amount owed by that tobacco product TITLE II—TOBACCO PRODUCT WARN- causes over 400,000 deaths in the United manufacturer to the other tobacco product INGS; CONSTITUENT AND SMOKE CON- States each year, and approximately 8,600,000 manufacturers on the basis of their respec- STITUENT DISCLOSURE Americans have chronic illnesses related to tive market shares. If the Administrator Sec. 201. Cigarette label and advertising smoking. takes such action, the Administrator shall warnings. (14) Reducing the use of tobacco by minors set a reasonable time, not less than 60 days Sec. 202. Authority to revise cigarette warn- by 50 percent would prevent well over from the date of the notice of the amount ing label statements. 10,000,000 of today’s children from becoming due, for payment of that amount. If and to Sec. 203. State regulation of cigarette adver- regular, daily smokers, saving over 3,000,000 the extent that the Administrator ulti- tising and promotion. of them from premature death due to to- mately receives from that tobacco product Sec. 204. Smokeless tobacco labels and ad- bacco-induced disease. Such a reduction in manufacturer or any successor to such to- vertising warnings. youth smoking would also result in approxi- bacco product manufacturer any payment in Sec. 205. Authority to revise smokeless to- mately $75,000,000,000 in savings attributable respect of the previously unpaid obligation, bacco product warning label to reduced health care costs. the Administrator shall credit such payment statements. (15) Advertising, marketing, and promotion to the tobacco product manufacturers that Sec. 206. Tar, nicotine, and other smoke con- of tobacco products have been especially di- paid portions of the re-allocated amount, in stituent disclosure to the pub- rected to attract young persons to use to- proportion to their respective payments of lic. bacco products, and these efforts have re- such amount. TITLE III—PREVENTION OF ILLICIT sulted in increased use of such products by (e) REGULATIONS.—Not later than 12 TRADE IN TOBACCO PRODUCTS youth. Past efforts to oversee these activi- months after the date of enactment of this Sec. 301. Labeling, recordkeeping, records ties have not been successful in adequately Act, the Administrator shall, by regulation, inspection. preventing such increased use. establish a system for determining the mar- Sec. 302. Study and report. (16) In 2005, the cigarette manufacturers ket shares of tobacco products for each to- SEC. 2. FINDINGS. spent more than $13,000,000,000 to attract new bacco product manufacturer subject to this The Congress finds the following: users, retain current users, increase current section. In promulgating regulations under (1) The use of tobacco products by the Na- consumption, and generate favorable long- this subsection, the Administrator shall— tion’s children is a pediatric disease of con- term attitudes toward smoking and tobacco (1) take into account the differences be- siderable proportions that results in new use. tween categories and subcategories of to- generations of tobacco-dependent children bacco products in terms of sales, manner of (17) Tobacco product advertising often and adults. misleadingly portrays the use of tobacco as unit packaging, and any other factors rel- (2) A consensus exists within the scientific socially acceptable and healthful to minors. evant to the calculation of market share for and medical communities that tobacco prod- (18) Tobacco product advertising is regu- a tobacco product manufacturer; ucts are inherently dangerous and cause can- larly seen by persons under the age of 18, and (2) take into account that different tobacco cer, heart disease, and other serious adverse product manufacturers rely to varying de- health effects. persons under the age of 18 are regularly ex- grees on the sales of different categories and (3) Nicotine is an addictive drug. posed to tobacco product promotional ef- subcategories of tobacco products; and (4) Virtually all new users of tobacco prod- forts. (3) provide that the market share of to- ucts are under the minimum legal age to (19) Through advertisements during and bacco products for each tobacco product purchase such products. sponsorship of sporting events, tobacco has manufacturer shall be recalculated on an an- (5) Tobacco advertising and marketing become strongly associated with sports and nual basis. contribute significantly to the use of nico- has become portrayed as an integral part of tine-containing tobacco products by adoles- sports and the healthy lifestyle associated SA 1247. Mr. DODD proposed an cents. with rigorous sporting activity. amendment to the bill H.R. 1256, to (6) Because past efforts to restrict adver- (20) Children are exposed to substantial protect the public health by providing tising and marketing of tobacco products and unavoidable tobacco advertising that the Food and Drug Administration have failed adequately to curb tobacco use leads to favorable beliefs about tobacco use, with certain authority to regulate to- by adolescents, comprehensive restrictions plays a role in leading young people to over- on the sale, promotion, and distribution of bacco products, to amend title 5, estimate the prevalence of tobacco use, and such products are needed. increases the number of young people who United States Code, to make certain (7) Federal and State governments have begin to use tobacco. modifications in the Thrift Savings lacked the legal and regulatory authority (21) The use of tobacco products in motion Plan, the Civil Service Retirement and resources they need to address com- pictures and other mass media glamorizes its System, and the Federal Employees’ prehensively the public health and societal use for young people and encourages them to Retirement System, and for other pur- problems caused by the use of tobacco prod- use tobacco products. poses; as follows: ucts. (22) Tobacco advertising expands the size of (8) Federal and State public health offi- the tobacco market by increasing consump- Strike all after the enacting clause and in- cials, the public health community, and the sert the following: tion of tobacco products including tobacco public at large recognize that the tobacco in- use by young people. DIVISION A—FAMILY SMOKING PREVEN- dustry should be subject to ongoing over- (23) Children are more influenced by to- TION AND TOBACCO CONTROL ACT sight. bacco marketing than adults: more than 80 (9) Under article I, section 8 of the Con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. percent of youth smoke three heavily mar- stitution, the Congress is vested with the re- (a) SHORT TITLE.—This division may be sponsibility for regulating interstate com- keted brands, while only 54 percent of adults, cited as the ‘‘Family Smoking Prevention 26 and older, smoke these same brands. and Tobacco Control Act’’. merce and commerce with Indian tribes. (10) The sale, distribution, marketing, ad- (24) Tobacco company documents indicate (b) TABLE OF CONTENTS.—The table of con- vertising, and use of tobacco products are ac- that young people are an important and tents of this division is as follows: tivities in and substantially affecting inter- often crucial segment of the tobacco market. Sec. 1. Short title; table of contents. state commerce because they are sold, mar- Children, who tend to be more price sensitive Sec. 2. Findings. keted, advertised, and distributed in inter- than adults, are influenced by advertising Sec. 3. Purpose. state commerce on a nationwide basis, and and promotion practices that result in dras- Sec. 4. Scope and effect. have a substantial effect on the Nation’s tically reduced cigarette prices. Sec. 5. Severability. economy. (25) Comprehensive advertising restrictions Sec. 6. Modification of deadlines for Secre- (11) The sale, distribution, marketing, ad- will have a positive effect on the smoking tarial action. vertising, and use of such products substan- rates of young people.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.056 S03JNPT1 jbell on PROD1PC69 with SENATE S6102 CONGRESSIONAL RECORD — SENATE June 3, 2009 (26) Restrictions on advertising are nec- (36) It is essential that the Food and Drug promote understanding of the impact of the essary to prevent unrestricted tobacco ad- Administration review products sold or dis- product on health. In connection with its vertising from undermining legislation pro- tributed for use to reduce risks or exposures mandate to promote health and reduce the hibiting access to young people and pro- associated with tobacco products and that it risk of harm, the Food and Drug Administra- viding for education about tobacco use. be empowered to review any advertising and tion routinely makes decisions about wheth- (27) International experience shows that labeling for such products. It is also essen- er and how products may be marketed in the advertising regulations that are stringent tial that manufacturers, prior to marketing United States. and comprehensive have a greater impact on such products, be required to demonstrate (45) The Federal Trade Commission was overall tobacco use and young people’s use that such products will meet a series of rig- created to protect consumers from unfair or than weaker or less comprehensive ones. orous criteria, and will benefit the health of deceptive acts or practices, and to regulate (28) Text only requirements, although not the population as a whole, taking into ac- unfair methods of competition. Its focus is as stringent as a ban, will help reduce under- count both users of tobacco products and on those marketplace practices that deceive age use of tobacco products while preserving persons who do not currently use tobacco or mislead consumers, and those that give the informational function of advertising. products. some competitors an unfair advantage. Its (29) It is in the public interest for Congress (37) Unless tobacco products that purport mission is to regulate activities in the mar- to adopt legislation to address the public to reduce the risks to the public of tobacco ketplace. Neither the Federal Trade Com- health crisis created by actions of the to- use actually reduce such risks, those prod- mission nor any other Federal agency except bacco industry. ucts can cause substantial harm to the pub- the Food and Drug Administration possesses lic health to the extent that the individuals, the scientific expertise needed to implement (30) The final regulations promulgated by who would otherwise not consume tobacco effectively all provisions of the Family the Secretary of Health and Human Services products or would consume such products Smoking Prevention and Tobacco Control in the August 28, 1996, issue of the Federal less, use tobacco products purporting to re- Act. Register (61 Fed. Reg. 44615–44618) for inclu- duce risk. Those who use products sold or (46) If manufacturers state or imply in sion as part 897 of title 21, Code of Federal distributed as modified risk products that do communications directed to consumers Regulations, are consistent with the first not in fact reduce risk, rather than quitting through the media or through a label, label- amendment to the United States Constitu- or reducing their use of tobacco products, ing, or advertising, that a tobacco product is tion and with the standards set forth in the have a substantially increased likelihood of approved or inspected by the Food and Drug amendments made by this subtitle for the suffering disability and premature death. Administration or complies with Food and regulation of tobacco products by the Food The costs to society of the widespread use of Drug Administration standards, consumers and Drug Administration, and the restric- products sold or distributed as modified risk are likely to be confused and misled. Depend- tion on the sale and distribution of, includ- products that do not in fact reduce risk or ing upon the particular language used and ing access to and the advertising and pro- that increase risk include thousands of un- its context, such a statement could result in motion of, tobacco products contained in necessary deaths and injuries and huge costs consumers being misled into believing that such regulations are substantially related to to our health care system. the product is endorsed by the Food and accomplishing the public health goals of this (38) As the National Cancer Institute has Drug Administration for use or in consumers division. found, many smokers mistakenly believe being misled about the harmfulness of the (31) The regulations described in paragraph that ‘‘low tar’’ and ‘‘light’’ cigarettes cause product because of such regulation, inspec- (30) will directly and materially advance the fewer health problems than other cigarettes. tion, approval, or compliance. Federal Government’s substantial interest in As the National Cancer Institute has also (47) In August 2006 a United States district reducing the number of children and adoles- found, mistaken beliefs about the health court judge found that the major United cents who use cigarettes and smokeless to- consequences of smoking ‘‘low tar’’ and States cigarette companies continue to tar- bacco and in preventing the life-threatening ‘‘light’’ cigarettes can reduce the motivation get and market to youth. USA v. Philip Mor- health consequences associated with tobacco to quit smoking entirely and thereby lead to ris, USA, Inc., et al. (Civil Action No. 99–2496 use. An overwhelming majority of Americans disease and death. (GK), August 17, 2006). who use tobacco products begin using such (39) Recent studies have demonstrated that (48) In August 2006 a United States district products while they are minors and become there has been no reduction in risk on a pop- court judge found that the major United addicted to the nicotine in those products ulation-wide basis from ‘‘low tar’’ and States cigarette companies dramatically in- before reaching the age of 18. Tobacco adver- ‘‘light’’ cigarettes, and such products may creased their advertising and promotional tising and promotion play a crucial role in actually increase the risk of tobacco use. spending in ways that encourage youth to the decision of these minors to begin using (40) The dangers of products sold or distrib- start smoking subsequent to the signing of tobacco products. Less restrictive and less uted as modified risk tobacco products that the Master Settlement Agreement in 1998. comprehensive approaches have not and will do not in fact reduce risk are so high that USA v. Philip Morris, USA, Inc., et al. (Civil not be effective in reducing the problems ad- there is a compelling governmental interest Action No. 99–2496 (GK), August 17, 2006). dressed by such regulations. The reasonable in ensuring that statements about modified (49) In August 2006 a United States district restrictions on the advertising and pro- risk tobacco products are complete, accu- court judge found that the major United motion of tobacco products contained in rate, and relate to the overall disease risk of States cigarette companies have designed such regulations will lead to a significant de- the product. their cigarettes to precisely control nicotine crease in the number of minors using and be- (41) As the Federal Trade Commission has delivery levels and provide doses of nicotine coming addicted to those products. found, consumers have misinterpreted adver- sufficient to create and sustain addiction (32) The regulations described in paragraph tisements in which one product is claimed to while also concealing much of their nicotine- (30) impose no more extensive restrictions on be less harmful than a comparable product, related research. USA v. Philip Morris, USA, communication by tobacco manufacturers even in the presence of disclosures and Inc., et al. (Civil Action No. 99–2496 (GK), Au- and sellers than are necessary to reduce the advisories intended to provide clarification. gust 17, 2006). number of children and adolescents who use (42) Permitting manufacturers to make un- SEC. 3. PURPOSE. cigarettes and smokeless tobacco and to pre- substantiated statements concerning modi- The purposes of this division are— vent the life-threatening health con- fied risk tobacco products, whether express (1) to provide authority to the Food and sequences associated with tobacco use. Such or implied, even if accompanied by dis- Drug Administration to regulate tobacco regulations are narrowly tailored to restrict claimers would be detrimental to the public products under the Federal Food, Drug, and those advertising and promotional practices health. Cosmetic Act (21 U.S.C. 301 et seq.), by recog- which are most likely to be seen or heard by (43) The only way to effectively protect the nizing it as the primary Federal regulatory youth and most likely to entice them into public health from the dangers of unsubstan- authority with respect to the manufacture, tobacco use, while affording tobacco manu- tiated modified risk tobacco products is to marketing, and distribution of tobacco prod- facturers and sellers ample opportunity to empower the Food and Drug Administration ucts as provided for in this division; convey information about their products to to require that products that tobacco manu- (2) to ensure that the Food and Drug Ad- adult consumers. facturers sold or distributed for risk reduc- ministration has the authority to address (33) Tobacco dependence is a chronic dis- tion be reviewed in advance of marketing, issues of particular concern to public health ease, one that typically requires repeated and to require that the evidence relied on to officials, especially the use of tobacco by interventions to achieve long-term or perma- support claims be fully verified. young people and dependence on tobacco; nent abstinence. (44) The Food and Drug Administration is (3) to authorize the Food and Drug Admin- (34) Because the only known safe alter- a regulatory agency with the scientific ex- istration to set national standards control- native to smoking is cessation, interventions pertise to identify harmful substances in ling the manufacture of tobacco products should target all smokers to help them quit products to which consumers are exposed, to and the identity, public disclosure, and completely. design standards to limit exposure to those amount of ingredients used in such products; (35) Tobacco products have been used to fa- substances, to evaluate scientific studies (4) to provide new and flexible enforcement cilitate and finance criminal activities both supporting claims about the safety of prod- authority to ensure that there is effective domestically and internationally. Illicit ucts, and to evaluate the impact of labels, la- oversight of the tobacco industry’s efforts to trade of tobacco products has been linked to beling, and advertising on consumer behav- develop, introduce, and promote less harmful organized crime and terrorist groups. ior in order to reduce the risk of harm and tobacco products;

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.057 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6103 (5) to vest the Food and Drug Administra- fiscal quarter following the initial 2 consecu- ‘‘(B) includes tobacco, in any form, that is tion with the authority to regulate the lev- tive fiscal quarters of fiscal year 2010 for functional in the product, which, because of els of tar, nicotine, and other harmful com- which the Secretary of Health and Human its appearance, the type of tobacco used in ponents of tobacco products; Services has collected fees under section 919 the filler, or its packaging and labeling, is (6) in order to ensure that consumers are of the Federal Food, Drug, and Cosmetic Act likely to be offered to, or purchased by, con- better informed, to require tobacco product (as added by section 101). sumers as a cigarette or as roll-your-own to- manufacturers to disclose research which (c) EXCEPTION.—Subsection (a) shall not bacco. has not previously been made available, as apply to any time period (or date) con- ‘‘(4) CIGARETTE TOBACCO.—The term ‘ciga- well as research generated in the future, re- tained— rette tobacco’ means any product that con- lating to the health and dependency effects (1) in section 102, except that the reference sists of loose tobacco that is intended for use or safety of tobacco products; to ‘‘180 days’’ in subsection (a)(1) of such sec- by consumers in a cigarette. Unless other- (7) to continue to permit the sale of to- tion shall be deemed to be ‘‘270 days’’; and wise stated, the requirements applicable to bacco products to adults in conjunction with (2) in sections 201 through 204 (or the cigarettes under this chapter shall also apply measures to ensure that they are not sold or amendments made by any such sections). to cigarette tobacco. accessible to underage purchasers; (d) ADJUSTMENT.—The Secretary of Health ‘‘(5) COMMERCE.—The term ‘commerce’ has (8) to impose appropriate regulatory con- and Human Services may extend or reduce the meaning given that term by section 3(2) trols on the tobacco industry; the duration of one or more time periods to of the Federal Cigarette Labeling and Adver- (9) to promote cessation to reduce disease which subsection (a) applies if the Secretary tising Act. risk and the social costs associated with to- determines appropriate, except that no such ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The bacco-related diseases; and period shall be extended for more than 90 term ‘counterfeit tobacco product’ means a (10) to strengthen legislation against illicit days. tobacco product (or the container or labeling trade in tobacco products. TITLE I—AUTHORITY OF THE FOOD AND of such a product) that, without authoriza- SEC. 4. SCOPE AND EFFECT. DRUG ADMINISTRATION tion, bears the trademark, trade name, or (a) INTENDED EFFECT.—Nothing in this di- other identifying mark, imprint, or device, SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, or any likeness thereof, of a tobacco product vision (or an amendment made by this divi- AND COSMETIC ACT. listed in a registration under section sion) shall be construed to— (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- 905(i)(1). (1) establish a precedent with regard to any tion 201 of the Federal Food, Drug, and Cos- ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ other industry, situation, circumstance, or metic Act (21 U.S.C. 321) is amended by add- as regards a tobacco product means any per- legal action; or ing at the end the following: (2) affect any action pending in Federal, ‘‘(rr)(1) The term ‘tobacco product’ means son who furthers the distribution of a to- bacco product, whether domestic or im- State, or tribal court, or any agreement, any product made or derived from tobacco ported, at any point from the original place consent decree, or contract of any kind. that is intended for human consumption, in- of manufacture to the person who sells or (b) AGRICULTURAL ACTIVITIES.—The provi- cluding any component, part, or accessory of distributes the product to individuals for sions of this division (or an amendment a tobacco product (except for raw materials personal consumption. Common carriers are made by this division) which authorize the other than tobacco used in manufacturing a not considered distributors for purposes of Secretary to take certain actions with re- component, part, or accessory of a tobacco this chapter. gard to tobacco and tobacco products shall product). ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ not be construed to affect any authority of ‘‘(2) The term ‘tobacco product’ does not means any practice or conduct prohibited by the Secretary of Agriculture under existing mean an article that is a drug under sub- law which relates to production, shipment, law regarding the growing, cultivation, or section (g)(1), a device under subsection (h), receipt, possession, distribution, sale, or pur- curing of raw tobacco. or a combination product described in sec- chase of tobacco products including any (c) REVENUE ACTIVITIES.—The provisions of tion 503(g). practice or conduct intended to facilitate this division (or an amendment made by this ‘‘(3) The products described in paragraph such activity. division) which authorize the Secretary to (2) shall be subject to chapter V of this Act. take certain actions with regard to tobacco ‘‘(4) A tobacco product shall not be mar- ‘‘(9) INDIAN COUNTRY.—The term ‘Indian country’ has the meaning given such term in products shall not be construed to affect any keted in combination with any other article section 1151 of title 18, United States Code. authority of the Secretary of the Treasury or product regulated under this Act (includ- ‘‘(10) INDIAN TRIBE.—The term ‘Indian under chapter 52 of the Internal Revenue ing a drug, biologic, food, cosmetic, medical tribe’ has the meaning given such term in Code of 1986. device, or a dietary supplement).’’. section 4(e) of the Indian Self-Determination SEC. 5. SEVERABILITY. (b) FDA AUTHORITY OVER TOBACCO PROD- and Education Assistance Act. If any provision of this division, of the UCTS.—The Federal Food, Drug, and Cos- ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ amendments made by this division, or of the metic Act (21 U.S.C. 301 et seq.) is amended— means a product that— regulations promulgated under this division (1) by redesignating chapter IX as chapter ‘‘(A) is a tobacco product; and (or under such amendments), or the applica- X; ‘‘(B) meets the definition of the term ‘little tion of any such provision to any person or (2) by redesignating sections 901 through cigar’ in section 3(7) of the Federal Cigarette circumstance is held to be invalid, the re- 910 as sections 1001 through 1010; and Labeling and Advertising Act. mainder of this division, such amendments (3) by inserting after chapter VIII the fol- ‘‘(12) NICOTINE.—The term ‘nicotine’ means and such regulations, and the application of lowing: such provisions to any other person or cir- the chemical substance named 3-(1-Methyl-2- cumstance shall not be affected and shall ‘‘CHAPTER IX—TOBACCO PRODUCTS pyrrolidinyl) pyridine or C[10]H[14]N[2], in- continue to be enforced to the fullest extent ‘‘SEC. 900. DEFINITIONS. cluding any salt or complex of nicotine. possible. ‘‘In this chapter: ‘‘(13) PACKAGE.—The term ‘package’ means SEC. 6. MODIFICATION OF DEADLINES FOR SEC- ‘‘(1) ADDITIVE.—The term ‘additive’ means a pack, box, carton, or container of any kind RETARIAL ACTION. any substance the intended use of which re- or, if no other container, any wrapping (in- (a) DELAYED COMMENCEMENT OF DATES FOR sults or may reasonably be expected to re- cluding cellophane), in which a tobacco prod- SECRETARIAL ACTION.— sult, directly or indirectly, in its becoming a uct is offered for sale, sold, or otherwise dis- (1) IN GENERAL.—Except as provided in sub- component or otherwise affecting the char- tributed to consumers. section (c), with respect to any time periods acteristic of any tobacco product (including ‘‘(14) RETAILER.—The term ‘retailer’ means specified in this division (or in an amend- any substances intended for use as a fla- any person, government, or entity who sells ment made by this division) that begin on voring or coloring or in producing, manufac- tobacco products to individuals for personal the date of enactment of this Act, within turing, packing, processing, preparing, treat- consumption, or who operates a facility which the Secretary of Health and Human ing, packaging, transporting, or holding), ex- where self-service displays of tobacco prod- Services is required to carry out and com- cept that such term does not include tobacco ucts are permitted. plete specified activities, the calculation of or a pesticide chemical residue in or on raw ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term such time periods shall commence on the tobacco or a pesticide chemical. ‘roll-your-own tobacco’ means any tobacco date described in subsection (b). ‘‘(2) BRAND.—The term ‘brand’ means a va- product which, because of its appearance, (2) LIMITATION.—Subsection (a) shall only riety of tobacco product distinguished by the type, packaging, or labeling, is suitable for apply with respect to obligations of the Sec- tobacco used, tar content, nicotine content, use and likely to be offered to, or purchased retary of Health and Human Services that flavoring used, size, filtration, packaging, by, consumers as tobacco for making ciga- must be completed within a specified time logo, registered trademark, brand name, rettes. period and shall not apply to the obligations identifiable pattern of colors, or any com- ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- of any other person or to any other provision bination of such attributes. TURER.—The term ‘small tobacco product of this division (including the amendments ‘‘(3) CIGARETTE.—The term ‘cigarette’— manufacturer’ means a tobacco product made by this division) that do not create ‘‘(A) means a product that— manufacturer that employs fewer than 350 such obligations of the Secretary and are not ‘‘(i) is a tobacco product; and employees. For purposes of determining the contingent on actions by the Secretary. ‘‘(ii) meets the definition of the term ‘ciga- number of employees of a manufacturer (b) DATE DESCRIBED.—The date described in rette’ in section 3(1) of the Federal Cigarette under the preceding sentence, the employees this subsection is the first day of the first Labeling and Advertising Act; and of a manufacturer are deemed to include the

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Family Smoking Prevention and Tobacco stance which may render the contents inju- ‘‘(17) SMOKE CONSTITUENT.—The term Control Act, shall be construed to affect, ex- rious to health; ‘smoke constituent’ means any chemical or pand, or limit the Secretary’s authority over ‘‘(4) the manufacturer or importer of the chemical compound in mainstream or (including the authority to determine wheth- tobacco product fails to pay a user fee as- sidestream tobacco smoke that either trans- er products may be regulated), or the regula- sessed to such manufacturer or importer pur- fers from any component of the cigarette to tion of, products under this Act that are not suant to section 919 by the date specified in the smoke or that is formed by the combus- tobacco products under chapter V or any section 919 or by the 30th day after final tion or heating of tobacco, additives, or other chapter. agency action on a resolution of any dispute other component of the tobacco product. ‘‘(2) LIMITATION OF AUTHORITY.— as to the amount of such fee; ‘‘(18) SMOKELESS TOBACCO.—The term ‘‘(A) IN GENERAL.—The provisions of this ‘‘(5) it is, or purports to be or is rep- ‘smokeless tobacco’ means any tobacco prod- chapter shall not apply to tobacco leaf that resented as, a tobacco product which is sub- uct that consists of cut, ground, powdered, or is not in the possession of a manufacturer of ject to a tobacco product standard estab- leaf tobacco and that is intended to be placed tobacco products, or to the producers of to- lished under section 907 unless such tobacco in the oral or nasal cavity. bacco leaf, including tobacco growers, to- product is in all respects in conformity with ‘‘(19) STATE; TERRITORY.—The terms ‘State’ bacco warehouses, and tobacco grower co- such standard; and ‘Territory’ shall have the meanings operatives, nor shall any employee of the ‘‘(6)(A) it is required by section 910(a) to given to such terms in section 201. Food and Drug Administration have any au- have premarket review and does not have an ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— thority to enter onto a farm owned by a pro- order in effect under section 910(c)(1)(A)(i); The term ‘tobacco product manufacturer’ ducer of tobacco leaf without the written or means any person, including any repacker or consent of such producer. ‘‘(B) it is in violation of an order under sec- relabeler, who— ‘‘(B) EXCEPTION.—Notwithstanding sub- tion 910(c)(1)(A); ‘‘(A) manufactures, fabricates, assembles, paragraph (A), if a producer of tobacco leaf is ‘‘(7) the methods used in, or the facilities processes, or labels a tobacco product; or also a tobacco product manufacturer or con- or controls used for, its manufacture, pack- ‘‘(B) imports a finished tobacco product for trolled by a tobacco product manufacturer, ing, or storage are not in conformity with sale or distribution in the United States. the producer shall be subject to this chapter applicable requirements under section ‘‘(21) TOBACCO WAREHOUSE.— in the producer’s capacity as a manufac- 906(e)(1) or an applicable condition pre- ‘‘(A) Subject to subparagraphs (B) and (C), turer. The exception in this subparagraph scribed by an order under section 906(e)(2); or the term ‘tobacco warehouse’ includes any shall not apply to a producer of tobacco leaf ‘‘(8) it is in violation of section 911. person— who grows tobacco under a contract with a ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. ‘‘(i) who— tobacco product manufacturer and who is ‘‘(a) IN GENERAL.—A tobacco product shall ‘‘(I) removes foreign material from tobacco not otherwise engaged in the manufacturing be deemed to be misbranded— leaf through nothing other than a mechan- process. ‘‘(1) if its labeling is false or misleading in ical process; ‘‘(C) RULE OF CONSTRUCTION.—Nothing in any particular; ‘‘(II) humidifies tobacco leaf with nothing this chapter shall be construed to grant the ‘‘(2) if in package form unless it bears a other than potable water in the form of Secretary authority to promulgate regula- label containing— steam or mist; or tions on any matter that involves the pro- ‘‘(A) the name and place of business of the ‘‘(III) de-stems, dries, and packs tobacco duction of tobacco leaf or a producer thereof, tobacco product manufacturer, packer, or leaf for storage and shipment; other than activities by a manufacturer af- distributor; ‘‘(ii) who performs no other actions with fecting production. ‘‘(B) an accurate statement of the quantity respect to tobacco leaf; and ‘‘(d) RULEMAKING PROCEDURES.—Each rule- of the contents in terms of weight, measure, ‘‘(iii) who provides to any manufacturer to making under this chapter shall be in ac- or numerical count; whom the person sells tobacco all informa- cordance with chapter 5 of title 5, United ‘‘(C) an accurate statement of the percent- tion related to the person’s actions described States Code. This subsection shall not be age of the tobacco used in the product that in clause (i) that is necessary for compliance construed to affect the rulemaking provi- is domestically grown tobacco and the per- with this Act. sions of section 102(a) of the Family Smok- centage that is foreign grown tobacco; and ‘‘(B) The term ‘tobacco warehouse’ ex- ing Prevention and Tobacco Control Act. ‘‘(D) the statement required under section cludes any person who— ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not 920(a), ‘‘(i) reconstitutes tobacco leaf; later than 90 days after the date of enact- except that under subparagraph (B) reason- ‘‘(ii) is a manufacturer, distributor, or re- ment of the Family Smoking Prevention and able variations shall be permitted, and ex- tailer of a tobacco product; or Tobacco Control Act, the Secretary shall es- emptions as to small packages shall be es- ‘‘(iii) applies any chemical, additive, or tablish within the Food and Drug Adminis- tablished, by regulations prescribed by the substance to the tobacco leaf other than po- tration the Center for Tobacco Products, Secretary; table water in the form of steam or mist. which shall report to the Commissioner of ‘‘(3) if any word, statement, or other infor- ‘‘(C) The definition of the term ‘tobacco Food and Drugs in the same manner as the mation required by or under authority of warehouse’ in subparagraph (A) shall not other agency centers within the Food and this chapter to appear on the label or label- apply to the extent to which the Secretary Drug Administration. The Center shall be re- ing is not prominently placed thereon with determines, through rulemaking, that regu- sponsible for the implementation of this such conspicuousness (as compared with lation under this chapter of the actions de- chapter and related matters assigned by the other words, statements, or designs in the la- scribed in such subparagraph is appropriate Commissioner. beling) and in such terms as to render it for the protection of the public health. ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO likely to be read and understood by the ordi- ‘‘(22) UNITED STATES.—The term ‘United PRODUCT MANUFACTURERS.—The Secretary nary individual under customary conditions States’ means the 50 States of the United shall establish within the Food and Drug Ad- of purchase and use; States of America and the District of Colum- ministration an identifiable office to provide ‘‘(4) if it has an established name, unless bia, the Commonwealth of Puerto Rico, technical and other nonfinancial assistance its label bears, to the exclusion of any other Guam, the Virgin Islands, American Samoa, to small tobacco product manufacturers to nonproprietary name, its established name Wake Island, Midway Islands, Kingman Reef, assist them in complying with the require- prominently printed in type as required by Johnston Atoll, the Northern Mariana Is- ments of this Act. the Secretary by regulation; lands, and any other trust territory or pos- ‘‘(g) CONSULTATION PRIOR TO RULE- ‘‘(5) if the Secretary has issued regulations session of the United States. MAKING.—Prior to promulgating rules under requiring that its labeling bear adequate di- ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO this chapter, the Secretary shall endeavor to rections for use, or adequate warnings PRODUCTS. consult with other Federal agencies as ap- against use by children, that are necessary ‘‘(a) IN GENERAL.—Tobacco products, in- propriate. cluding modified risk tobacco products for for the protection of users unless its labeling ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. which an order has been issued in accordance conforms in all respects to such regulations; with section 911, shall be regulated by the ‘‘A tobacco product shall be deemed to be ‘‘(6) if it was manufactured, prepared, prop- Secretary under this chapter and shall not adulterated if— agated, compounded, or processed in an es- be subject to the provisions of chapter V. ‘‘(1) it consists in whole or in part of any tablishment not duly registered under sec- ‘‘(b) APPLICABILITY.—This chapter shall filthy, putrid, or decomposed substance, or is tion 905(b), 905(c), 905(d), or 905(h), if it was apply to all cigarettes, cigarette tobacco, otherwise contaminated by any added poi- not included in a list required by section roll-your-own tobacco, and smokeless to- sonous or added deleterious substance that 905(i), if a notice or other information re- bacco and to any other tobacco products may render the product injurious to health; specting it was not provided as required by that the Secretary by regulation deems to be ‘‘(2) it has been prepared, packed, or held such section or section 905(j), or if it does not subject to this chapter. under insanitary conditions whereby it may bear such symbols from the uniform system ‘‘(c) SCOPE.— have been contaminated with filth, or where- for identification of tobacco products pre- ‘‘(1) IN GENERAL.—Nothing in this chapter, by it may have been rendered injurious to scribed under section 905(e) as the Secretary or any policy issued or regulation promul- health; by regulation requires;

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‘‘(7) if, in the case of any tobacco product the Secretary in accordance with section 4(e) ‘‘(1) IN GENERAL.—Not later than 3 years distributed or offered for sale in any State— of the Federal Cigarette Labeling and Adver- after the date of enactment of the Family ‘‘(A) its advertising is false or misleading tising Act. Smoking Prevention and Tobacco Control in any particular; or ‘‘(3) Beginning 3 years after the date of en- Act, and annually thereafter, the Secretary ‘‘(B) it is sold or distributed in violation of actment of the Family Smoking Prevention shall publish in a format that is understand- regulations prescribed under section 906(d); and Tobacco Control Act, a listing of all con- able and not misleading to a lay person, and ‘‘(8) unless, in the case of any tobacco stituents, including smoke constituents as place on public display (in a manner deter- product distributed or offered for sale in any applicable, identified by the Secretary as mined by the Secretary) the list established State, the manufacturer, packer, or dis- harmful or potentially harmful to health in under subsection (e). tributor thereof includes in all advertise- each tobacco product, and as applicable in ‘‘(2) CONSUMER RESEARCH.—The Secretary ments and other descriptive printed matter the smoke of each tobacco product, by brand shall conduct periodic consumer research to issued or caused to be issued by the manufac- and by quantity in each brand and subbrand. ensure that the list published under para- turer, packer, or distributor with respect to Effective beginning 3 years after such date of graph (1) is not misleading to lay persons. that tobacco product— enactment, the manufacturer, importer, or Not later than 5 years after the date of en- ‘‘(A) a true statement of the tobacco prod- agent shall comply with regulations promul- actment of the Family Smoking Prevention uct’s established name as described in para- gated under section 915 in reporting informa- and Tobacco Control Act, the Secretary shall graph (4), printed prominently; and tion under this paragraph, where applicable. submit to the appropriate committees of ‘‘(B) a brief statement of— ‘‘(4) Beginning 6 months after the date of Congress a report on the results of such re- ‘‘(i) the uses of the tobacco product and enactment of the Family Smoking Preven- search, together with recommendations on relevant warnings, precautions, side effects, tion and Tobacco Control Act, all documents whether such publication should be contin- and contraindications; and developed after such date of enactment that ued or modified. ‘‘(ii) in the case of specific tobacco prod- relate to health, toxicological, behavioral, or ‘‘(e) DATA COLLECTION.—Not later than 24 ucts made subject to a finding by the Sec- physiologic effects of current or future to- months after the date of enactment of the retary after notice and opportunity for com- bacco products, their constituents (including Family Smoking Prevention and Tobacco ment that such action is appropriate to pro- smoke constituents), ingredients, compo- Control Act, the Secretary shall establish, tect the public health, a full description of nents, and additives. and periodically revise as appropriate, a list the components of such tobacco product or ‘‘(b) DATA SUBMISSION.—At the request of of harmful and potentially harmful constitu- the formula showing quantitatively each in- the Secretary, each tobacco product manu- ents, including smoke constituents, to gredient of such tobacco product to the ex- facturer or importer of tobacco products, or health in each tobacco product by brand and tent required in regulations which shall be agents thereof, shall submit the following: by quantity in each brand and subbrand. The issued by the Secretary after an opportunity ‘‘(1) Any or all documents (including un- Secretary shall publish a public notice re- for a hearing; derlying scientific information) relating to questing the submission by interested per- ‘‘(9) if it is a tobacco product subject to a research activities, and research findings, sons of scientific and other information con- tobacco product standard established under conducted, supported, or possessed by the cerning the harmful and potentially harmful section 907, unless it bears such labeling as manufacturer (or agents thereof) on the constituents in tobacco products and tobacco may be prescribed in such tobacco product health, toxicological, behavioral, or physio- smoke. standard; or logic effects of tobacco products and their ‘‘SEC. 905. ANNUAL REGISTRATION. ‘‘(10) if there was a failure or refusal— constituents (including smoke constituents), ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) to comply with any requirement pre- ingredients, components, and additives. ‘‘(1) MANUFACTURE, PREPARATION, scribed under section 904 or 908; or ‘‘(2) Any or all documents (including un- COMPOUNDING, OR PROCESSING.—The term ‘‘(B) to furnish any material or informa- derlying scientific information) relating to ‘manufacture, preparation, compounding, or tion required under section 909. research activities, and research findings, processing’ shall include repackaging or oth- ‘‘(b) PRIOR APPROVAL OF LABEL STATE- conducted, supported, or possessed by the erwise changing the container, wrapper, or MENTS.—The Secretary may, by regulation, manufacturer (or agents thereof) that relate labeling of any tobacco product package in require prior approval of statements made on to the issue of whether a reduction in risk to furtherance of the distribution of the to- the label of a tobacco product to ensure that health from tobacco products can occur upon bacco product from the original place of such statements do not violate the mis- the employment of technology available or manufacture to the person who makes final branding provisions of subsection (a) and known to the manufacturer. delivery or sale to the ultimate consumer or that such statements comply with other pro- ‘‘(3) Any or all documents (including un- user. visions of the Family Smoking Prevention derlying scientific or financial information) ‘‘(2) NAME.—The term ‘name’ shall include and Tobacco Control Act (including the relating to marketing research involving the amendments made by such Act). No regula- in the case of a partnership the name of each use of tobacco products or marketing prac- partner and, in the case of a corporation, the tion issued under this subsection may re- tices and the effectiveness of such practices quire prior approval by the Secretary of the name of each corporate officer and director, used by tobacco manufacturers and distribu- content of any advertisement, except for and the State of incorporation. tors. modified risk tobacco products as provided ‘‘(b) REGISTRATION BY OWNERS AND OPERA- in section 911. No advertisement of a tobacco An importer of a tobacco product not manu- TORS.—On or before December 31 of each product published after the date of enact- factured in the United States shall supply year, every person who owns or operates any ment of the Family Smoking Prevention and the information required of a tobacco prod- establishment in any State engaged in the Tobacco Control Act shall, with respect to uct manufacturer under this subsection. manufacture, preparation, compounding, or the language of label statements as pre- ‘‘(c) TIME FOR SUBMISSION.— processing of a tobacco product or tobacco scribed under section 4 of the Federal Ciga- ‘‘(1) IN GENERAL.—At least 90 days prior to products shall register with the Secretary rette Labeling and Advertising Act and sec- the delivery for introduction into interstate the name, places of business, and all such es- tion 3 of the Comprehensive Smokeless To- commerce of a tobacco product not on the tablishments of that person. If enactment of bacco Health Education Act of 1986 or the market on the date of enactment of the the Family Smoking Prevention and To- regulations issued under such sections, be Family Smoking Prevention and Tobacco bacco Control Act occurs in the second half subject to the provisions of sections 12 Control Act, the manufacturer of such prod- of the calendar year, the Secretary shall des- through 15 of the Federal Trade Commission uct shall provide the information required ignate a date no later than 6 months into the Act. under subsection (a). subsequent calendar year by which registra- ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any tion pursuant to this subsection shall occur. TION TO THE SECRETARY. time a tobacco product manufacturer adds to ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- ‘‘(a) REQUIREMENT.—Each tobacco product its tobacco products a new tobacco additive ERATORS.—Every person upon first engaging manufacturer or importer, or agents thereof, or increases the quantity of an existing to- in the manufacture, preparation, shall submit to the Secretary the following bacco additive, the manufacturer shall, ex- compounding, or processing of a tobacco information: cept as provided in paragraph (3), at least 90 product or tobacco products in any establish- ‘‘(1) Not later than 6 months after the date days prior to such action so advise the Sec- ment owned or operated in any State by that of enactment of the Family Smoking Pre- retary in writing. person shall immediately register with the vention and Tobacco Control Act, a listing of ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at Secretary that person’s name, place of busi- all ingredients, including tobacco, sub- any time a tobacco product manufacturer ness, and such establishment. stances, compounds, and additives that are, eliminates or decreases an existing additive, ‘‘(d) REGISTRATION OF ADDED ESTABLISH- as of such date, added by the manufacturer or adds or increases an additive that has by MENTS.—Every person required to register to the tobacco, paper, filter, or other part of regulation been designated by the Secretary under subsection (b) or (c) shall immediately each tobacco product by brand and by quan- as an additive that is not a human or animal register with the Secretary any additional tity in each brand and subbrand. carcinogen, or otherwise harmful to health establishment which that person owns or op- ‘‘(2) A description of the content, delivery, under intended conditions of use, the manu- erates in any State and in which that person and form of nicotine in each tobacco product facturer shall within 60 days of such action begins the manufacture, preparation, measured in milligrams of nicotine in ac- so advise the Secretary in writing. compounding, or processing of a tobacco cordance with regulations promulgated by ‘‘(d) DATA LIST.— product or tobacco products.

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‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- the Secretary of the Treasury in developing ‘‘(2) APPLICATION TO CERTAIN POST-FEB- TEM.—The Secretary may by regulation pre- the forms to be used for registration under RUARY 15, 2007, PRODUCTS.—A report under this scribe a uniform system for the identifica- this section to minimize the burden on those subsection for a tobacco product that was tion of tobacco products and may require persons required to register with both the first introduced or delivered for introduction that persons who are required to list such to- Secretary and the Tax and Trade Bureau of into interstate commerce for commercial bacco products under subsection (i) shall list the Department of the Treasury. distribution in the United States after Feb- such tobacco products in accordance with ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN ruary 15, 2007, and prior to the date that is 21 such system. PRODUCT LIST.—Each person who registers months after the date of enactment of the ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- with the Secretary under this section shall Family Smoking Prevention and Tobacco MATION.—The Secretary shall make available report to the Secretary once during the Control Act shall be submitted to the Sec- for inspection, to any person so requesting, month of June of each year and once during retary not later than 21 months after such any registration filed under this section. the month of December of each year the fol- date of enactment. ‘‘(g) BIENNIAL INSPECTION OF REGISTERED lowing: ‘‘(3) EXEMPTIONS.— ESTABLISHMENTS.—Every establishment reg- ‘‘(A) A list of each tobacco product intro- ‘‘(A) IN GENERAL.—The Secretary may ex- istered with the Secretary under this section duced by the registrant for commercial dis- empt from the requirements of this sub- shall be subject to inspection under section tribution which has not been included in any section relating to the demonstration that a 704 or subsection (h), and every such estab- lishment engaged in the manufacture, list previously filed by that person with the tobacco product is substantially equivalent compounding, or processing of a tobacco Secretary under this subparagraph or para- within the meaning of section 910, tobacco product or tobacco products shall be so in- graph (1). A list under this subparagraph products that are modified by adding or de- spected by 1 or more officers or employees shall list a tobacco product by its estab- leting a tobacco additive, or increasing or duly designated by the Secretary at least lished name and shall be accompanied by the decreasing the quantity of an existing to- once in the 2-year period beginning with the other information required by paragraph (1). bacco additive, if the Secretary determines date of registration of such establishment ‘‘(B) If since the date the registrant last that— under this section and at least once in every made a report under this paragraph that per- ‘‘(i) such modification would be a minor successive 2-year period thereafter. son has discontinued the manufacture, prep- modification of a tobacco product that can ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- aration, compounding, or processing for com- be sold under this Act; MENTS.—Any establishment within any for- mercial distribution of a tobacco product in- ‘‘(ii) a report under this subsection is not eign country engaged in the manufacture, cluded in a list filed under subparagraph (A) necessary to ensure that permitting the to- preparation, compounding, or processing of a or paragraph (1), notice of such discontinu- bacco product to be marketed would be ap- tobacco product or tobacco products, shall ance, the date of such discontinuance, and propriate for protection of the public health; register under this section under regulations the identity of its established name. and promulgated by the Secretary. Such regula- ‘‘(C) If since the date the registrant re- ‘‘(iii) an exemption is otherwise appro- tions shall require such establishment to ported under subparagraph (B) a notice of priate. provide the information required by sub- discontinuance that person has resumed the ‘‘(B) REGULATIONS.—Not later than 15 section (i) and shall include provisions for manufacture, preparation, compounding, or months after the date of enactment of the registration of any such establishment upon processing for commercial distribution of Family Smoking Prevention and Tobacco condition that adequate and effective means the tobacco product with respect to which Control Act, the Secretary shall issue regu- are available, by arrangement with the gov- such notice of discontinuance was reported, lations to implement this paragraph. ernment of such foreign country or other- notice of such resumption, the date of such ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING wise, to enable the Secretary to determine resumption, the identity of such tobacco CONTROL OF TOBACCO PRODUCTS. from time to time whether tobacco products product by established name, and other in- ‘‘(a) IN GENERAL.—Any requirement estab- manufactured, prepared, compounded, or formation required by paragraph (1), unless lished by or under section 902, 903, 905, or 909 processed in such establishment, if imported the registrant has previously reported such applicable to a tobacco product shall apply or offered for import into the United States, resumption to the Secretary under this sub- to such tobacco product until the applica- shall be refused admission on any of the paragraph. bility of the requirement to the tobacco grounds set forth in section 801(a). ‘‘(D) Any material change in any informa- product has been changed by action taken ‘‘(i) REGISTRATION INFORMATION.— tion previously submitted under this para- under section 907, section 910, section 911, or ‘‘(1) PRODUCT LIST.—Every person who reg- graph or paragraph (1). subsection (d) of this section, and any re- isters with the Secretary under subsection quirement established by or under section ‘‘(j) REPORT PRECEDING INTRODUCTION OF (b), (c), (d), or (h) shall, at the time of reg- 902, 903, 905, or 909 which is inconsistent with CERTAIN SUBSTANTIALLY EQUIVALENT PROD- istration under any such subsection, file a requirement imposed on such tobacco prod- UCTS INTO INTERSTATE COMMERCE.— with the Secretary a list of all tobacco prod- uct under section 907, section 910, section 911, ‘‘(1) IN GENERAL.—Each person who is re- ucts which are being manufactured, pre- or subsection (d) of this section shall not quired to register under this section and who pared, compounded, or processed by that per- apply to such tobacco product. son for commercial distribution and which proposes to begin the introduction or deliv- ‘‘(b) INFORMATION ON PUBLIC ACCESS AND have not been included in any list of tobacco ery for introduction into interstate com- COMMENT.—Each notice of proposed rule- products filed by that person with the Sec- merce for commercial distribution of a to- making or other notification under section retary under this paragraph or paragraph (2) bacco product intended for human use that 907, 908, 909, 910, or 911 or under this section, before such time of registration. Such list was not commercially marketed (other than any other notice which is published in the shall be prepared in such form and manner as for test marketing) in the United States as Federal Register with respect to any other the Secretary may prescribe and shall be ac- of February 15, 2007, shall, at least 90 days action taken under any such section and companied by— prior to making such introduction or deliv- which states the reasons for such action, and ‘‘(A) in the case of a tobacco product con- ery, report to the Secretary (in such form each publication of findings required to be tained in the applicable list with respect to and manner as the Secretary shall pre- made in connection with rulemaking under which a tobacco product standard has been scribe)— any such section shall set forth— established under section 907 or which is sub- ‘‘(A) the basis for such person’s determina- ‘‘(1) the manner in which interested per- ject to section 910, a reference to the author- tion that— sons may examine data and other informa- ity for the marketing of such tobacco prod- ‘‘(i) the tobacco product is substantially tion on which the notice or findings is based; uct and a copy of all labeling for such to- equivalent, within the meaning of section and bacco product; 910, to a tobacco product commercially mar- ‘‘(2) the period within which interested per- ‘‘(B) in the case of any other tobacco prod- keted (other than for test marketing) in the sons may present their comments on the no- uct contained in an applicable list, a copy of United States as of February 15, 2007, or to a tice or findings (including the need there- all consumer information and other labeling tobacco product that the Secretary has pre- fore) orally or in writing, which period shall for such tobacco product, a representative viously determined, pursuant to subsection be at least 60 days but may not exceed 90 sampling of advertisements for such tobacco (a)(3) of section 910, is substantially equiva- days unless the time is extended by the Sec- product, and, upon request made by the Sec- lent and that is in compliance with the re- retary by a notice published in the Federal retary for good cause, a copy of all advertise- quirements of this Act; or Register stating good cause therefore. ments for a particular tobacco product; and ‘‘(ii) the tobacco product is modified with- ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- ‘‘(C) if the registrant filing a list has deter- in the meaning of paragraph (3), the modi- TION.—Any information reported to or other- mined that a tobacco product contained in fications are to a product that is commer- wise obtained by the Secretary or the Sec- such list is not subject to a tobacco product cially marketed and in compliance with the retary’s representative under section 903, 904, standard established under section 907, a requirements of this Act, and all of the 907, 908, 909, 910, 911, or 704, or under sub- brief statement of the basis upon which the modifications are covered by exemptions section (e) or (f) of this section, which is ex- registrant made such determination if the granted by the Secretary pursuant to para- empt from disclosure under subsection (a) of Secretary requests such a statement with re- graph (3); and section 552 of title 5, United States Code, by spect to that particular tobacco product. ‘‘(B) action taken by such person to com- reason of subsection (b)(4) of that section ‘‘(2) CONSULTATION WITH RESPECT TO ply with the requirements under section 907 shall be considered confidential and shall not FORMS.—The Secretary shall consult with that are applicable to the tobacco product. be disclosed, except that the information

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.057 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6107 may be disclosed to other officers or employ- plicable law for the purchase of such prod- ‘‘(iii) contain such other information as ees concerned with carrying out this chap- ucts. the Secretary shall prescribe. ter, or when relevant in any proceeding ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS under this chapter. ing in this paragraph limits the authority of SCIENTIFIC ADVISORY COMMITTEE.—The Sec- ‘‘(d) RESTRICTIONS.— the Secretary to take additional actions retary may refer to the Tobacco Products ‘‘(1) IN GENERAL.—The Secretary may by under the other paragraphs of this sub- Scientific Advisory Committee any petition regulation require restrictions on the sale section. submitted under subparagraph (A). The To- and distribution of a tobacco product, in- ‘‘(e) GOOD MANUFACTURING PRACTICE RE- bacco Products Scientific Advisory Com- cluding restrictions on the access to, and the QUIREMENTS.— mittee shall report its recommendations to advertising and promotion of, the tobacco ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO the Secretary with respect to a petition re- product, if the Secretary determines that CONFORM.— ferred to it within 60 days after the date of such regulation would be appropriate for the ‘‘(A) IN GENERAL.—In applying manufac- the petition’s referral. Within 60 days after— protection of the public health. The Sec- turing restrictions to tobacco, the Secretary ‘‘(i) the date the petition was submitted to retary may by regulation impose restrictions shall, in accordance with subparagraph (B), the Secretary under subparagraph (A); or on the advertising and promotion of a to- prescribe regulations (which may differ ‘‘(ii) the day after the petition was referred bacco product consistent with and to full ex- based on the type of tobacco product in- to the Tobacco Products Scientific Advisory tent permitted by the first amendment to volved) requiring that the methods used in, Committee, the Constitution. The finding as to whether and the facilities and controls used for, the whichever occurs later, the Secretary shall such regulation would be appropriate for the manufacture, preproduction design valida- by order either deny the petition or approve protection of the public health shall be de- tion (including a process to assess the per- it. termined with respect to the risks and bene- formance of a tobacco product), packing, and ‘‘(C) APPROVAL.—The Secretary may ap- fits to the population as a whole, including storage of a tobacco product conform to cur- prove— users and nonusers of the tobacco product, rent good manufacturing practice, or hazard ‘‘(i) a petition for an exemption for a to- and taking into account— analysis and critical control point method- bacco product from a requirement if the Sec- ‘‘(A) the increased or decreased likelihood ology, as prescribed in such regulations to retary determines that compliance with such that existing users of tobacco products will assure that the public health is protected requirement is not required to assure that stop using such products; and and that the tobacco product is in compli- the tobacco product will be in compliance ‘‘(B) the increased or decreased likelihood ance with this chapter. Such regulations with this chapter; and that those who do not use tobacco products may provide for the testing of raw tobacco ‘‘(ii) a petition for a variance for a tobacco will start using such products. for pesticide chemical residues regardless of product from a requirement if the Secretary No such regulation may require that the sale whether a tolerance for such chemical resi- determines that the methods to be used in, or distribution of a tobacco product be lim- dues has been established. and the facilities and controls to be used for, ited to the written or oral authorization of a ‘‘(B) REQUIREMENTS.—The Secretary the manufacture, packing, and storage of the practitioner licensed by law to prescribe shall— tobacco product in lieu of the methods, fa- medical products. ‘‘(i) before promulgating any regulation cilities, and controls prescribed by the re- ‘‘(2) LABEL STATEMENTS.—The label of a to- under subparagraph (A), afford the Tobacco quirement are sufficient to assure that the bacco product shall bear such appropriate Products Scientific Advisory Committee an tobacco product will be in compliance with statements of the restrictions required by a opportunity to submit recommendations this chapter. regulation under subsection (a) as the Sec- with respect to the regulation proposed to be ‘‘(D) CONDITIONS.—An order of the Sec- retary may in such regulation prescribe. promulgated; retary approving a petition for a variance ‘‘(3) LIMITATIONS.— ‘‘(ii) before promulgating any regulation shall prescribe such conditions respecting ‘‘(A) IN GENERAL.—No restrictions under under subparagraph (A), afford opportunity the methods used in, and the facilities and paragraph (1) may— for an oral hearing; controls used for, the manufacture, packing, ‘‘(i) prohibit the sale of any tobacco prod- ‘‘(iii) provide the Tobacco Products Sci- and storage of the tobacco product to be uct in face-to-face transactions by a specific entific Advisory Committee a reasonable granted the variance under the petition as category of retail outlets; or time to make its recommendation with re- may be necessary to assure that the tobacco ‘‘(ii) establish a minimum age of sale of to- spect to proposed regulations under subpara- product will be in compliance with this chap- bacco products to any person older than 18 graph (A); ter. years of age. ‘‘(iv) in establishing the effective date of a ‘‘(E) HEARING.—After the issuance of an ‘‘(B) MATCHBOOKS.—For purposes of any regulation promulgated under this sub- order under subparagraph (B) respecting a regulations issued by the Secretary, match- section, take into account the differences in petition, the petitioner shall have an oppor- books of conventional size containing not the manner in which the different types of tunity for an informal hearing on such order. more than 20 paper matches, and which are tobacco products have historically been pro- ‘‘(3) COMPLIANCE.—Compliance with re- customarily given away for free with the duced, the financial resources of the dif- quirements under this subsection shall not purchase of tobacco products, shall be con- ferent tobacco product manufacturers, and be required before the end of the 3-year pe- sidered as adult-written publications which the state of their existing manufacturing fa- riod following the date of enactment of the shall be permitted to contain advertising. cilities, and shall provide for a reasonable Family Smoking Prevention and Tobacco Notwithstanding the preceding sentence, if period of time for such manufacturers to Control Act. the Secretary finds that such treatment of conform to good manufacturing practices; ‘‘(f) RESEARCH AND DEVELOPMENT.—The matchbooks is not appropriate for the pro- and Secretary may enter into contracts for re- tection of the public health, the Secretary ‘‘(v) not require any small tobacco product search, testing, and demonstrations respect- may determine by regulation that match- manufacturer to comply with a regulation ing tobacco products and may obtain tobacco books shall not be considered adult-written under subparagraph (A) for at least 4 years products for research, testing, and dem- publications. following the effective date established by onstration purposes. ‘‘(4) REMOTE SALES.— the Secretary for such regulation. ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(2) EXEMPTIONS; VARIANCES.— ‘‘(a) IN GENERAL.— ‘‘(i) within 18 months after the date of en- ‘‘(A) PETITION.—Any person subject to any ‘‘(1) SPECIAL RULES.— actment of the Family Smoking Prevention requirement prescribed under paragraph (1) ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Be- and Tobacco Control Act, promulgate regula- may petition the Secretary for a permanent ginning 3 months after the date of enact- tions regarding the sale and distribution of or temporary exemption or variance from ment of the Family Smoking Prevention and tobacco products that occur through means such requirement. Such a petition shall be Tobacco Control Act, a cigarette or any of other than a direct, face-to-face exchange be- submitted to the Secretary in such form and its component parts (including the tobacco, tween a retailer and a consumer in order to manner as the Secretary shall prescribe and filter, or paper) shall not contain, as a con- prevent the sale and distribution of tobacco shall— stituent (including a smoke constituent) or products to individuals who have not at- ‘‘(i) in the case of a petition for an exemp- additive, an artificial or natural flavor tained the minimum age established by ap- tion from a requirement, set forth the basis (other than tobacco or menthol) or an herb plicable law for the purchase of such prod- for the petitioner’s determination that com- or spice, including strawberry, grape, orange, ucts, including requirements for age pliance with the requirement is not required clove, cinnamon, pineapple, vanilla, coconut, verification; and to assure that the tobacco product will be in licorice, cocoa, chocolate, cherry, or coffee, ‘‘(ii) within 2 years after such date of en- compliance with this chapter; that is a characterizing flavor of the tobacco actment, issue regulations to address the ‘‘(ii) in the case of a petition for a variance product or tobacco smoke. Nothing in this promotion and marketing of tobacco prod- from a requirement, set forth the methods subparagraph shall be construed to limit the ucts that are sold or distributed through proposed to be used in, and the facilities and Secretary’s authority to take action under means other than a direct, face-to-face ex- controls proposed to be used for, the manu- this section or other sections of this Act ap- change between a retailer and a consumer in facture, packing, and storage of the tobacco plicable to menthol or any artificial or nat- order to protect individuals who have not at- product in lieu of the methods, facilities, and ural flavor, herb, or spice not specified in tained the minimum age established by ap- controls prescribed by the requirement; and this subparagraph.

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‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning ard for which the test or tests were required; ‘‘(3) FINDING.—A notice of proposed rule- 2 years after the date of enactment of the and making for the revocation of a tobacco prod- Family Smoking Prevention and Tobacco ‘‘(v) a provision requiring that the sale and uct standard shall set forth a finding with Control Act, a tobacco product manufacturer distribution of the tobacco product be re- supporting justification that the tobacco shall not use tobacco, including foreign stricted but only to the extent that the sale product standard is no longer appropriate for grown tobacco, that contains a pesticide and distribution of a tobacco product may be the protection of the public health. chemical residue that is at a level greater restricted under a regulation under section ‘‘(4) COMMENT.—The Secretary shall pro- than is specified by any tolerance applicable 906(d); vide for a comment period of not less than 60 under Federal law to domestically grown to- ‘‘(C) shall, where appropriate, require the days. bacco. use and prescribe the form and content of la- ‘‘(d) PROMULGATION.— ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- beling for the proper use of the tobacco prod- ‘‘(1) IN GENERAL.—After the expiration of ARDS.—The Secretary may revise the to- uct; and the period for comment on a notice of pro- bacco product standards in paragraph (1) in ‘‘(D) shall require tobacco products con- posed rulemaking published under sub- accordance with subsection (c). taining foreign-grown tobacco to meet the section (c) respecting a tobacco product standard and after consideration of com- ‘‘(3) TOBACCO PRODUCT STANDARDS.— same standards applicable to tobacco prod- ments submitted under subsections (b) and ‘‘(A) IN GENERAL.—The Secretary may ucts containing domestically grown tobacco. (c) and any report from the Tobacco Prod- adopt tobacco product standards in addition ‘‘(5) PERIODIC REEVALUATION OF TOBACCO ucts Scientific Advisory Committee, the Sec- to those in paragraph (1) if the Secretary PRODUCT STANDARDS.—The Secretary shall retary shall— finds that a tobacco product standard is ap- provide for periodic evaluation of tobacco ‘‘(A) if the Secretary determines that the propriate for the protection of the public product standards established under this sec- tion to determine whether such standards standard would be appropriate for the pro- health. tection of the public health, promulgate a ‘‘(B) DETERMINATIONS.— should be changed to reflect new medical, scientific, or other technological data. The regulation establishing a tobacco product ‘‘(i) CONSIDERATIONS.—In making a finding standard and publish in the Federal Register described in subparagraph (A), the Secretary Secretary may provide for testing under paragraph (4)(B) by any person. findings on the matters referred to in sub- shall consider scientific evidence con- section (c); or ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- cerning— ‘‘(B) publish a notice terminating the pro- FORMED PERSONS.—In carrying out duties ‘‘(I) the risks and benefits to the popu- ceeding for the development of the standard lation as a whole, including users and under this section, the Secretary shall en- deavor to— together with the reasons for such termi- nonusers of tobacco products, of the pro- nation. ‘‘(A) use personnel, facilities, and other posed standard; ‘‘(2) EFFECTIVE DATE.—A regulation estab- technical support available in other Federal ‘‘(II) the increased or decreased likelihood lishing a tobacco product standard shall set agencies; that existing users of tobacco products will forth the date or dates upon which the stand- ‘‘(B) consult with other Federal agencies stop using such products; and ard shall take effect, but no such regulation concerned with standard setting and other ‘‘(III) the increased or decreased likelihood may take effect before 1 year after the date nationally or internationally recognized that those who do not use tobacco products of its publication unless the Secretary deter- standard-setting entities; and will start using such products. mines that an earlier effective date is nec- ‘‘(C) invite appropriate participation, ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the essary for the protection of the public event that the Secretary makes a determina- through joint or other conferences, work- health. Such date or dates shall be estab- tion, set forth in a proposed tobacco product shops, or other means, by informed persons lished so as to minimize, consistent with the standard in a proposed rule, that it is appro- representative of scientific, professional, in- public health, economic loss to, and disrup- priate for the protection of public health to dustry, agricultural, or consumer organiza- tion or dislocation of, domestic and inter- require the reduction or elimination of an tions who in the Secretary’s judgment can national trade. In establishing such effective additive, constituent (including a smoke make a significant contribution. date or dates, the Secretary shall consider constituent), or other component of a to- ‘‘(b) CONSIDERATIONS BY SECRETARY.— information submitted in connection with a bacco product because the Secretary has ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- proposed product standard by interested par- found that the additive, constituent, or retary shall consider information submitted ties, including manufacturers and tobacco other component is or may be harmful, any in connection with a proposed standard re- growers, regarding the technical party objecting to the proposed standard on garding the technical achievability of com- achievability of compliance with the stand- the ground that the proposed standard will pliance with such standard. ard, and including information concerning not reduce or eliminate the risk of illness or ‘‘(2) OTHER CONSIDERATIONS.—The Sec- the existence of patents that make it impos- injury may provide for the Secretary’s con- retary shall consider all other information sible to comply in the timeframe envisioned sideration scientific evidence that dem- submitted in connection with a proposed in the proposed standard. If the Secretary onstrates that the proposed standard will standard, including information concerning determines, based on the Secretary’s evalua- not reduce or eliminate the risk of illness or the countervailing effects of the tobacco tion of submitted comments, that a product injury. product standard on the health of adolescent standard can be met only by manufacturers ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- tobacco users, adult tobacco users, or non- requiring substantial changes to the meth- ARDS.—A tobacco product standard estab- tobacco users, such as the creation of a sig- ods of farming the domestically grown to- lished under this section for a tobacco prod- nificant demand for contraband or other to- bacco used by the manufacturer, the effec- uct— bacco products that do not meet the require- tive date of that product standard shall be ‘‘(A) shall include provisions that are ap- ments of this chapter and the significance of not less than 2 years after the date of publi- propriate for the protection of the public such demand. cation of the final regulation establishing health, including provisions, where appro- ‘‘(c) PROPOSED STANDARDS.— the standard. priate— ‘‘(1) IN GENERAL.—The Secretary shall pub- ‘‘(3) LIMITATION ON POWER GRANTED TO THE ‘‘(i) for nicotine yields of the product; lish in the Federal Register a notice of pro- FOOD AND DRUG ADMINISTRATION.—Because of ‘‘(ii) for the reduction or elimination of posed rulemaking for the establishment, the importance of a decision of the Secretary other constituents, including smoke con- amendment, or revocation of any tobacco to issue a regulation— stituents, or harmful components of the product standard. ‘‘(A) banning all cigarettes, all smokeless product; or ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of tobacco products, all little cigars, all cigars ‘‘(iii) relating to any other requirement proposed rulemaking for the establishment other than little cigars, all pipe tobacco, or under subparagraph (B); or amendment of a tobacco product standard all roll-your-own tobacco products; or ‘‘(B) shall, where appropriate for the pro- for a tobacco product shall— ‘‘(B) requiring the reduction of nicotine tection of the public health, include— ‘‘(A) set forth a finding with supporting yields of a tobacco product to zero, ‘‘(i) provisions respecting the construction, justification that the tobacco product stand- the Secretary is prohibited from taking such components, ingredients, additives, constitu- ard is appropriate for the protection of the actions under this Act. ents, including smoke constituents, and public health; ‘‘(4) AMENDMENT; REVOCATION.— properties of the tobacco product; ‘‘(B) invite interested persons to submit a ‘‘(A) AUTHORITY.—The Secretary, upon the ‘‘(ii) provisions for the testing (on a sample draft or proposed tobacco product standard Secretary’s own initiative or upon petition basis or, if necessary, on an individual basis) for consideration by the Secretary; of an interested person, may by a regulation, of the tobacco product; ‘‘(C) invite interested persons to submit promulgated in accordance with the require- ‘‘(iii) provisions for the measurement of comments on structuring the standard so ments of subsection (c) and paragraph (2), the tobacco product characteristics of the that it does not advantage foreign-grown to- amend or revoke a tobacco product standard. tobacco product; bacco over domestically grown tobacco; and ‘‘(B) EFFECTIVE DATE.—The Secretary may ‘‘(iv) provisions requiring that the results ‘‘(D) invite the Secretary of Agriculture to declare a proposed amendment of a tobacco of each or of certain of the tests of the to- provide any information or analysis which product standard to be effective on and after bacco product required to be made under the Secretary of Agriculture believes is rel- its publication in the Federal Register and clause (ii) show that the tobacco product is evant to the proposed tobacco product stand- until the effective date of any final action in conformity with the portions of the stand- ard. taken on such amendment if the Secretary

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.058 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6109 determines that making it so effective is in report and recommendations required pursu- ‘‘(ii) shall provide for notice to persons the public interest. ant to paragraph (1). subject to the risks associated with the use ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— ‘‘(3) RULE OF CONSTRUCTION.—Nothing in of such tobacco product. ‘‘(A) IN GENERAL.—The Secretary may refer this subsection shall be construed to limit In providing the notice required by clause a proposed regulation for the establishment, the Secretary’s authority to take action (ii), the Secretary may use the assistance of amendment, or revocation of a tobacco prod- under this section or other sections of this retailers and other persons who distributed uct standard to the Tobacco Products Sci- Act at any time applicable to any dissolv- such tobacco product. If a significant num- entific Advisory Committee for a report and able tobacco product. ber of such persons cannot be identified, the recommendation with respect to any matter ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. Secretary shall notify such persons under involved in the proposed regulation which re- section 705(b). quires the exercise of scientific judgment. ‘‘(a) NOTIFICATION.—If the Secretary deter- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy ‘‘(B) INITIATION OF REFERRAL.—The Sec- mines that— provided by this subsection shall be in addi- retary may make a referral under this para- ‘‘(1) a tobacco product which is introduced tion to remedies provided by subsection (a). graph— or delivered for introduction into interstate commerce for commercial distribution pre- ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO ‘‘(i) on the Secretary’s own initiative; or PRODUCTS. ‘‘(ii) upon the request of an interested per- sents an unreasonable risk of substantial son that— harm to the public health; and ‘‘(a) IN GENERAL.—Every person who is a ‘‘(I) demonstrates good cause for the refer- ‘‘(2) notification under this subsection is tobacco product manufacturer or importer of ral; and necessary to eliminate the unreasonable risk a tobacco product shall establish and main- ‘‘(II) is made before the expiration of the of such harm and no more practicable means tain such records, make such reports, and period for submission of comments on the is available under the provisions of this provide such information, as the Secretary proposed regulation. chapter (other than this section) to elimi- may by regulation reasonably require to as- ‘‘(C) PROVISION OF DATA.—If a proposed reg- nate such risk, sure that such tobacco product is not adul- ulation is referred under this paragraph to the Secretary may issue such order as may terated or misbranded and to otherwise pro- the Tobacco Products Scientific Advisory be necessary to assure that adequate notifi- tect public health. Regulations prescribed Committee, the Secretary shall provide the cation is provided in an appropriate form, by under the preceding sentence— Advisory Committee with the data and infor- the persons and means best suited under the ‘‘(1) may require a tobacco product manu- mation on which such proposed regulation is circumstances involved, to all persons who facturer or importer to report to the Sec- based. should properly receive such notification in retary whenever the manufacturer or im- ‘‘(D) REPORT AND RECOMMENDATION.—The order to eliminate such risk. The Secretary porter receives or otherwise becomes aware Tobacco Products Scientific Advisory Com- may order notification by any appropriate of information that reasonably suggests that mittee shall, within 60 days after the referral means, including public service announce- one of its marketed tobacco products may of a proposed regulation under this para- ments. Before issuing an order under this have caused or contributed to a serious unex- graph and after independent study of the subsection, the Secretary shall consult with pected adverse experience associated with data and information furnished to it by the the persons who are to give notice under the the use of the product or any significant in- Secretary and other data and information order. crease in the frequency of a serious, expected before it, submit to the Secretary a report ‘‘(b) NO EXEMPTION FROM OTHER LIABIL- adverse product experience; and recommendation respecting such regula- ITY.—Compliance with an order issued under ‘‘(2) shall require reporting of other signifi- tion, together with all underlying data and this section shall not relieve any person cant adverse tobacco product experiences as information and a statement of the reason or from liability under Federal or State law. In determined by the Secretary to be necessary basis for the recommendation. awarding damages for economic loss in an to be reported; ‘‘(E) PUBLIC AVAILABILITY.—The Secretary action brought for the enforcement of any ‘‘(3) shall not impose requirements unduly shall make a copy of each report and rec- such liability, the value to the plaintiff in burdensome to a tobacco product manufac- ommendation under subparagraph (D) pub- such action of any remedy provided under turer or importer, taking into account the licly available. such order shall be taken into account. cost of complying with such requirements and the need for the protection of the public ‘‘(e) MENTHOL CIGARETTES.— ‘‘(c) RECALL AUTHORITY.— health and the implementation of this chap- ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- ‘‘(1) IN GENERAL.—If the Secretary finds ter; diately upon the establishment of the To- that there is a reasonable probability that a ‘‘(4) when prescribing the procedure for bacco Products Scientific Advisory Com- tobacco product contains a manufacturing or making requests for reports or information, mittee under section 917(a), the Secretary other defect not ordinarily contained in to- shall require that each request made under shall refer to the Committee for report and bacco products on the market that would such regulations for submission of a report recommendation, under section 917(c)(4), the cause serious, adverse health consequences or information to the Secretary state the issue of the impact of the use of menthol in or death, the Secretary shall issue an order reason or purpose for such request and iden- cigarettes on the public health, including requiring the appropriate person (including tify to the fullest extent practicable such re- such use among children, African-Ameri- the manufacturers, importers, distributors, port or information; cans, Hispanics, and other racial and ethnic or retailers of the tobacco product) to imme- ‘‘(5) when requiring submission of a report minorities. In its review, the Tobacco Prod- diately cease distribution of such tobacco or information to the Secretary, shall state ucts Scientific Advisory Committee shall ad- product. The order shall provide the person the reason or purpose for the submission of dress the considerations listed in subsections subject to the order with an opportunity for such report or information and identify to (a)(3)(B)(i) and (b). an informal hearing, to be held not later the fullest extent practicable such report or ‘‘(2) REPORT AND RECOMMENDATION.—Not than 10 days after the date of the issuance of information; and later than 1 year after its establishment, the the order, on the actions required by the ‘‘(6) may not require that the identity of Tobacco Product Scientific Advisory Com- order and on whether the order should be any patient or user be disclosed in records, mittee shall submit to the Secretary the re- amended to require a recall of such tobacco reports, or information required under this port and recommendations required pursuant product. If, after providing an opportunity subsection unless required for the medical to paragraph (1). for such a hearing, the Secretary determines welfare of an individual, to determine risks ‘‘(3) RULE OF CONSTRUCTION.—Nothing in that inadequate grounds exist to support the to public health of a tobacco product, or to this subsection shall be construed to limit actions required by the order, the Secretary verify a record, report, or information sub- the Secretary’s authority to take action shall vacate the order. mitted under this chapter. under this section or other sections of this ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- Act applicable to menthol. CALL.— In prescribing regulations under this sub- ‘‘(f) DISSOLVABLE TOBACCO PRODUCTS.— ‘‘(A) IN GENERAL.—If, after providing an op- section, the Secretary shall have due regard ‘‘(1) REFERRAL; CONSIDERATIONS.—The Sec- portunity for an informal hearing under for the professional ethics of the medical retary shall refer to the Tobacco Products paragraph (1), the Secretary determines that profession and the interests of patients. The Scientific Advisory Committee for report the order should be amended to include a re- prohibitions of paragraph (6) continue to and recommendation, under section 917(c)(4), call of the tobacco product with respect to apply to records, reports, and information the issue of the nature and impact of the use which the order was issued, the Secretary concerning any individual who has been a pa- of dissolvable tobacco products on the public shall, except as provided in subparagraph tient, irrespective of whether or when he health, including such use among children. (B), amend the order to require a recall. The ceases to be a patient. In its review, the Tobacco Products Sci- Secretary shall specify a timetable in which ‘‘(b) REPORTS OF REMOVALS AND CORREC- entific Advisory Committee shall address the the tobacco product recall will occur and TIONS.— considerations listed in subsection shall require periodic reports to the Sec- ‘‘(1) IN GENERAL.—Except as provided in (a)(3)(B)(i). retary describing the progress of the recall. paragraph (2), the Secretary shall by regula- ‘‘(2) REPORT AND RECOMMENDATION.—Not ‘‘(B) NOTICE.—An amended order under sub- tion require a tobacco product manufacturer later than 2 years after its establishment, paragraph (A)— or importer of a tobacco product to report the Tobacco Product Scientific Advisory ‘‘(i) shall not include recall of a tobacco promptly to the Secretary any corrective ac- Committee shall submit to the Secretary the product from individuals; and tion taken or removal from the market of a

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APPLICATION FOR REVIEW OF CER- information related to the tobacco product tobacco product may be restricted under a TAIN TOBACCO PRODUCTS. or state that such information will be made regulation under section 906(d). ‘‘(a) IN GENERAL.— available upon request by any person. ‘‘(2) DENIAL OF APPLICATION.—The Sec- ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For ‘‘(B) REQUIRED INFORMATION.—Any sum- retary shall deny an application submitted purposes of this section the term ‘new to- mary under subparagraph (A) respecting a under subsection (b) if, upon the basis of the bacco product’ means— tobacco product shall contain detailed infor- information submitted to the Secretary as ‘‘(A) any tobacco product (including those mation regarding data concerning adverse part of the application and any other infor- products in test markets) that was not com- health effects and shall be made available to mation before the Secretary with respect to mercially marketed in the United States as the public by the Secretary within 30 days of such tobacco product, the Secretary finds of February 15, 2007; or the issuance of a determination that such to- that— ‘‘(B) any modification (including a change bacco product is substantially equivalent to ‘‘(A) there is a lack of a showing that per- in design, any component, any part, or any another tobacco product. mitting such tobacco product to be marketed ‘‘(b) APPLICATION.— constituent, including a smoke constituent, would be appropriate for the protection of ‘‘(1) CONTENTS.—An application under this or in the content, delivery or form of nico- the public health; section shall contain— tine, or any other additive or ingredient) of ‘‘(B) the methods used in, or the facilities ‘‘(A) full reports of all information, pub- or controls used for, the manufacture, proc- a tobacco product where the modified prod- lished or known to, or which should reason- essing, or packing of such tobacco product do uct was commercially marketed in the ably be known to, the applicant, concerning not conform to the requirements of section United States after February 15, 2007. investigations which have been made to 906(e); ‘‘(2) PREMARKET REVIEW REQUIRED.— show the health risks of such tobacco prod- ‘‘(C) based on a fair evaluation of all mate- ‘‘(A) NEW PRODUCTS.—An order under sub- uct and whether such tobacco product pre- rial facts, the proposed labeling is false or section (c)(1)(A)(i) for a new tobacco product sents less risk than other tobacco products; misleading in any particular; or is required unless— ‘‘(B) a full statement of the components, ‘‘(D) such tobacco product is not shown to ‘‘(i) the manufacturer has submitted a re- ingredients, additives, and properties, and of conform in all respects to a tobacco product port under section 905(j); and the Secretary the principle or principles of operation, of standard in effect under section 907, and has issued an order that the tobacco prod- such tobacco product; there is a lack of adequate information to uct— ‘‘(C) a full description of the methods used justify the deviation from such standard. ‘‘(I) is substantially equivalent to a to- in, and the facilities and controls used for, ‘‘(3) DENIAL INFORMATION.—Any denial of bacco product commercially marketed (other the manufacture, processing, and, when rel- an application shall, insofar as the Secretary than for test marketing) in the United evant, packing and installation of, such to- determines to be practicable, be accom- States as of February 15, 2007; and bacco product; panied by a statement informing the appli- ‘‘(II) is in compliance with the require- ‘‘(D) an identifying reference to any to- cant of the measures required to remove ments of this Act; or bacco product standard under section 907 such application from deniable form (which ‘‘(ii) the tobacco product is exempt from which would be applicable to any aspect of measures may include further research by the requirements of section 905(j) pursuant such tobacco product, and either adequate the applicant in accordance with 1 or more to a regulation issued under section 905(j)(3). information to show that such aspect of such protocols prescribed by the Secretary). ‘‘(B) APPLICATION TO CERTAIN POST-FEB- tobacco product fully meets such tobacco ‘‘(4) BASIS FOR FINDING.—For purposes of RUARY 15, 2007, PRODUCTS.—Subparagraph (A) product standard or adequate information to this section, the finding as to whether the shall not apply to a tobacco product— justify any deviation from such standard; marketing of a tobacco product for which an ‘‘(i) that was first introduced or delivered ‘‘(E) such samples of such tobacco product application has been submitted is appro- for introduction into interstate commerce and of components thereof as the Secretary priate for the protection of the public health for commercial distribution in the United may reasonably require; shall be determined with respect to the risks States after February 15, 2007, and prior to ‘‘(F) specimens of the labeling proposed to and benefits to the population as a whole, in- the date that is 21 months after the date of be used for such tobacco product; and cluding users and nonusers of the tobacco enactment of the Family Smoking Preven- ‘‘(G) such other information relevant to product, and taking into account— tion and Tobacco Control Act; and the subject matter of the application as the ‘‘(A) the increased or decreased likelihood ‘‘(ii) for which a report was submitted Secretary may require. that existing users of tobacco products will under section 905(j) within such 21-month pe- ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- stop using such products; and riod, ENTIFIC ADVISORY COMMITTEE.—Upon receipt ‘‘(B) the increased or decreased likelihood except that subparagraph (A) shall apply to of an application meeting the requirements that those who do not use tobacco products the tobacco product if the Secretary issues set forth in paragraph (1), the Secretary— will start using such products. an order that the tobacco product is not sub- ‘‘(A) may, on the Secretary’s own initia- ‘‘(5) BASIS FOR ACTION.— stantially equivalent. tive; or ‘‘(A) INVESTIGATIONS.—For purposes of ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— ‘‘(B) may, upon the request of an applicant, paragraph (2)(A), whether permitting a to- ‘‘(A) IN GENERAL.—In this section and sec- refer such application to the Tobacco Prod- bacco product to be marketed would be ap- tion 905(j), the term ‘substantially equiva- ucts Scientific Advisory Committee for ref- propriate for the protection of the public lent’ or ‘substantial equivalence’ means, erence and for submission (within such pe- health shall, when appropriate, be deter- with respect to the tobacco product being riod as the Secretary may establish) of a re- mined on the basis of well-controlled inves- compared to the predicate tobacco product, port and recommendation respecting the ap- tigations, which may include 1 or more clin- that the Secretary by order has found that plication, together with all underlying data ical investigations by experts qualified by the tobacco product— and the reasons or basis for the recommenda- training and experience to evaluate the to- ‘‘(i) has the same characteristics as the tion. bacco product. predicate tobacco product; or ‘‘(c) ACTION ON APPLICATION.— ‘‘(B) OTHER EVIDENCE.—If the Secretary de- ‘‘(ii) has different characteristics and the ‘‘(1) DEADLINE.— termines that there exists valid scientific information submitted contains information, ‘‘(A) IN GENERAL.—As promptly as possible, evidence (other than evidence derived from including clinical data if deemed necessary but in no event later than 180 days after the investigations described in subparagraph by the Secretary, that demonstrates that it receipt of an application under subsection (A)) which is sufficient to evaluate the to- is not appropriate to regulate the product (b), the Secretary, after considering the re- bacco product, the Secretary may authorize

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that the determination for purposes of para- ‘‘(e) SERVICE OF ORDER.—An order issued present a lower risk of disease or is less graph (2)(A) be made on the basis of such evi- by the Secretary under this section shall be harmful than one or more commercially dence. served— marketed tobacco products, or presents a re- ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- ‘‘(1) in person by any officer or employee of duced exposure to, or does not contain or is SION.— the department designated by the Secretary; free of, a substance or substances. ‘‘(1) IN GENERAL.—The Secretary shall, or ‘‘(B) LIMITATION.—No tobacco product shall upon obtaining, where appropriate, advice on ‘‘(2) by mailing the order by registered be considered to be ‘sold or distributed for scientific matters from the Tobacco Prod- mail or certified mail addressed to the appli- use to reduce harm or the risk of tobacco-re- ucts Scientific Advisory Committee, and cant at the applicant’s last known address in lated disease associated with commercially after due notice and opportunity for infor- the records of the Secretary. marketed tobacco products’, except as de- mal hearing for a tobacco product for which ‘‘(f) RECORDS.— scribed in subparagraph (A). an order was issued under subsection ‘‘(1) ADDITIONAL INFORMATION.—In the case ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No (c)(1)(A)(i), issue an order withdrawing the of any tobacco product for which an order smokeless tobacco product shall be consid- order if the Secretary finds— issued pursuant to subsection (c)(1)(A)(i) for ered to be ‘sold or distributed for use to re- ‘‘(A) that the continued marketing of such an application filed under subsection (b) is in duce harm or the risk of tobacco-related dis- tobacco product no longer is appropriate for effect, the applicant shall establish and ease associated with commercially marketed the protection of the public health; maintain such records, and make such re- tobacco products’ solely because its label, la- ‘‘(B) that the application contained or was ports to the Secretary, as the Secretary may beling, or advertising uses the following accompanied by an untrue statement of a by regulation, or by order with respect to phrases to describe such product and its use: material fact; such application, prescribe on the basis of a ‘smokeless tobacco’, ‘smokeless tobacco ‘‘(C) that the applicant— finding that such records and reports are product’, ‘not consumed by smoking’, ‘does ‘‘(i) has failed to establish a system for necessary in order to enable the Secretary to not produce smoke’, ‘smokefree’, ‘smoke- maintaining records, or has repeatedly or de- determine, or facilitate a determination of, free’, ‘without smoke’, ‘no smoke’, or ‘not liberately failed to maintain records or to whether there is or may be grounds for with- smoke’. make reports, required by an applicable reg- drawing or temporarily suspending such ‘‘(3) EFFECTIVE DATE.—The provisions of ulation under section 909; order. paragraph (2)(A)(ii) shall take effect 12 ‘‘(ii) has refused to permit access to, or ‘‘(2) ACCESS TO RECORDS.—Each person re- months after the date of enactment of the copying or verification of, such records as re- quired under this section to maintain Family Smoking Prevention and Tobacco quired by section 704; or records, and each person in charge of custody Control Act for those products whose label, ‘‘(iii) has not complied with the require- thereof, shall, upon request of an officer or labeling, or advertising contains the terms ments of section 905; employee designated by the Secretary, per- described in such paragraph on such date of ‘‘(D) on the basis of new information before mit such officer or employee at all reason- enactment. The effective date shall be with the Secretary with respect to such tobacco able times to have access to and copy and respect to the date of manufacture, provided product, evaluated together with the evi- verify such records. that, in any case, beginning 30 days after dence before the Secretary when the applica- ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT such effective date, a manufacturer shall not tion was reviewed, that the methods used in, EXEMPTION FOR INVESTIGATIONAL USE.—The introduce into the domestic commerce of the or the facilities and controls used for, the Secretary may exempt tobacco products in- United States any product, irrespective of manufacture, processing, packing, or instal- tended for investigational use from the pro- the date of manufacture, that is not in con- lation of such tobacco product do not con- visions of this chapter under such conditions formance with paragraph (2)(A)(ii). form with the requirements of section 906(e) as the Secretary may by regulation pre- ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A and were not brought into conformity with scribe. product that is intended to be used for the such requirements within a reasonable time ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. treatment of tobacco dependence, including smoking cessation, is not a modified risk to- after receipt of written notice from the Sec- ‘‘(a) IN GENERAL.—No person may intro- bacco product under this section if it has retary of nonconformity; duce or deliver for introduction into inter- been approved as a drug or device by the ‘‘(E) on the basis of new information before state commerce any modified risk tobacco Food and Drug Administration and is subject the Secretary, evaluated together with the product unless an order issued pursuant to to the requirements of chapter V. evidence before the Secretary when the ap- subsection (g) is effective with respect to ‘‘(d) FILING.—Any person may file with the plication was reviewed, that the labeling of such product. Secretary an application for a modified risk such tobacco product, based on a fair evalua- ‘‘(b) DEFINITIONS.—In this section: tobacco product. Such application shall in- tion of all material facts, is false or mis- ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The clude— leading in any particular and was not cor- term ‘modified risk tobacco product’ means ‘‘(1) a description of the proposed product rected within a reasonable time after receipt any tobacco product that is sold or distrib- and any proposed advertising and labeling; of written notice from the Secretary of such uted for use to reduce harm or the risk of to- ‘‘(2) the conditions for using the product; fact; or bacco-related disease associated with com- ‘‘(3) the formulation of the product; ‘‘(F) on the basis of new information before mercially marketed tobacco products. ‘‘(4) sample product labels and labeling; the Secretary, evaluated together with the ‘‘(2) SOLD OR DISTRIBUTED.— ‘‘(5) all documents (including underlying evidence before the Secretary when such ‘‘(A) IN GENERAL.—With respect to a to- scientific information) relating to research order was issued, that such tobacco product bacco product, the term ‘sold or distributed findings conducted, supported, or possessed is not shown to conform in all respects to a for use to reduce harm or the risk of to- by the tobacco product manufacturer relat- tobacco product standard which is in effect bacco-related disease associated with com- ing to the effect of the product on tobacco- under section 907, compliance with which mercially marketed tobacco products’ means related diseases and health-related condi- was a condition to the issuance of an order a tobacco product— tions, including information both favorable relating to the application, and that there is ‘‘(i) the label, labeling, or advertising of and unfavorable to the ability of the product a lack of adequate information to justify the which represents explicitly or implicitly to reduce risk or exposure and relating to deviation from such standard. that— human health; ‘‘(2) APPEAL.—The holder of an application ‘‘(I) the tobacco product presents a lower ‘‘(6) data and information on how con- subject to an order issued under paragraph risk of tobacco-related disease or is less sumers actually use the tobacco product; and (1) withdrawing an order issued pursuant to harmful than one or more other commer- ‘‘(7) such other information as the Sec- subsection (c)(1)(A)(i) may, by petition filed cially marketed tobacco products; retary may require. on or before the 30th day after the date upon ‘‘(II) the tobacco product or its smoke con- ‘‘(e) PUBLIC AVAILABILITY.—The Secretary which such holder receives notice of such tains a reduced level of a substance or pre- shall make the application described in sub- withdrawal, obtain review thereof in accord- sents a reduced exposure to a substance; or section (d) publicly available (except matters ance with section 912. ‘‘(III) the tobacco product or its smoke in the application which are trade secrets or ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- does not contain or is free of a substance; otherwise confidential, commercial informa- viding an opportunity for an informal hear- ‘‘(ii) the label, labeling, or advertising of tion) and shall request comments by inter- ing, the Secretary determines there is rea- which uses the descriptors ‘light’, ‘mild’, or ested persons on the information contained sonable probability that the continuation of ‘low’ or similar descriptors; or in the application and on the label, labeling, distribution of a tobacco product under an ‘‘(iii) the tobacco product manufacturer of and advertising accompanying such applica- order would cause serious, adverse health which has taken any action directed to con- tion. consequences or death, that is greater than sumers through the media or otherwise, ‘‘(f) ADVISORY COMMITTEE.— ordinarily caused by tobacco products on the other than by means of the tobacco product’s ‘‘(1) IN GENERAL.—The Secretary shall refer market, the Secretary shall by order tempo- label, labeling, or advertising, after the date to the Tobacco Products Scientific Advisory rarily suspend the authority of the manufac- of enactment of the Family Smoking Pre- Committee any application submitted under turer to market the product. If the Secretary vention and Tobacco Control Act, respecting this section. issues such an order, the Secretary shall pro- the product that would be reasonably ex- ‘‘(2) RECOMMENDATIONS.—Not later than 60 ceed expeditiously under paragraph (1) to pected to result in consumers believing that days after the date an application is referred withdraw such application. the tobacco product or its smoke may to the Tobacco Products Scientific Advisory

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.058 S03JNPT1 jbell on PROD1PC69 with SENATE S6112 CONGRESSIONAL RECORD — SENATE June 3, 2009 Committee under paragraph (1), the Advisory ‘‘(iv) issuance of an order with respect to of change and identity of the reference to- Committee shall report its recommendations the application is expected to benefit the bacco product and a quantitative comparison on the application to the Secretary. health of the population as a whole taking of the amount of the substance claimed to be ‘‘(g) MARKETING.— into account both users of tobacco products reduced shall be stated in immediate prox- ‘‘(1) MODIFIED RISK PRODUCTS.—Except as and persons who do not currently use to- imity to the most prominent claim. provided in paragraph (2), the Secretary bacco products. ‘‘(3) LABEL DISCLOSURE.— shall, with respect to an application sub- ‘‘(C) CONDITIONS OF MARKETING.— ‘‘(A) IN GENERAL.—The Secretary may re- mitted under this section, issue an order ‘‘(i) IN GENERAL.—Applications subject to quire the disclosure on the label of other that a modified risk product may be com- an order under this paragraph shall be lim- substances in the tobacco product, or sub- mercially marketed only if the Secretary de- ited to a term of not more than 5 years, but stances that may be produced by the con- termines that the applicant has dem- may be renewed upon a finding by the Sec- sumption of that tobacco product, that may onstrated that such product, as it is actually retary that the requirements of this para- affect a disease or health-related condition used by consumers, will— graph continue to be satisfied based on the or may increase the risk of other diseases or ‘‘(A) significantly reduce harm and the filing of a new application. health-related conditions associated with risk of tobacco-related disease to individual ‘‘(ii) AGREEMENTS BY APPLICANT.—An order the use of tobacco products. tobacco users; and under this paragraph shall be conditioned on ‘‘(B) CONDITIONS OF USE.—If the conditions ‘‘(B) benefit the health of the population as the applicant’s agreement to conduct of use of the tobacco product may affect the a whole taking into account both users of to- postmarket surveillance and studies and to risk of the product to human health, the bacco products and persons who do not cur- submit to the Secretary the results of such Secretary may require the labeling of condi- rently use tobacco products. surveillance and studies to determine the tions of use. ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— impact of the order on consumer perception, ‘‘(4) TIME.—An order issued under sub- ‘‘(A) IN GENERAL.—The Secretary may behavior, and health and to enable the Sec- section (g)(1) shall be effective for a specified issue an order that a tobacco product may be retary to review the accuracy of the deter- period of time. introduced or delivered for introduction into minations upon which the order was based in ‘‘(5) ADVERTISING.—The Secretary may re- interstate commerce, pursuant to an applica- accordance with a protocol approved by the quire, with respect to a product for which an tion under this section, with respect to a to- Secretary. applicant obtained an order under subsection bacco product that may not be commercially ‘‘(iii) ANNUAL SUBMISSION.—The results of (g)(1), that the product comply with require- marketed under paragraph (1) if the Sec- such postmarket surveillance and studies de- ments relating to advertising and promotion retary makes the findings required under scribed in clause (ii) shall be submitted an- of the tobacco product. this paragraph and determines that the ap- nually. plicant has demonstrated that— ‘‘(3) BASIS.—The determinations under ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- ‘‘(i) such order would be appropriate to paragraphs (1) and (2) shall be based on— IES.— promote the public health; ‘‘(A) the scientific evidence submitted by ‘‘(1) IN GENERAL.—The Secretary shall re- ‘‘(ii) any aspect of the label, labeling, and the applicant; and quire, with respect to a product for which an advertising for such product that would ‘‘(B) scientific evidence and other informa- applicant obtained an order under subsection cause the tobacco product to be a modified tion that is made available to the Secretary. (g)(1), that the applicant conduct postmarket risk tobacco product under subsection (b) is ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND surveillance and studies for such a tobacco limited to an explicit or implicit representa- OF POPULATION AS A WHOLE.—In making the product to determine the impact of the order tion that such tobacco product or its smoke determinations under paragraphs (1) and (2), issuance on consumer perception, behavior, does not contain or is free of a substance or the Secretary shall take into account— and health, to enable the Secretary to review contains a reduced level of a substance, or ‘‘(A) the relative health risks to individ- the accuracy of the determinations upon presents a reduced exposure to a substance uals of the tobacco product that is the sub- which the order was based, and to provide in- in tobacco smoke; ject of the application; formation that the Secretary determines is ‘‘(iii) scientific evidence is not available ‘‘(B) the increased or decreased likelihood otherwise necessary regarding the use or and, using the best available scientific meth- that existing users of tobacco products who health risks involving the tobacco product. ods, cannot be made available without con- would otherwise stop using such products The results of postmarket surveillance and ducting long-term epidemiological studies will switch to the tobacco product that is studies shall be submitted to the Secretary for an application to meet the standards set the subject of the application; on an annual basis. forth in paragraph (1); and ‘‘(C) the increased or decreased likelihood ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ‘‘(iv) the scientific evidence that is avail- that persons who do not use tobacco prod- cant required to conduct a surveillance of a able without conducting long-term epidemio- ucts will start using the tobacco product tobacco product under paragraph (1) shall, logical studies demonstrates that a measur- that is the subject of the application; within 30 days after receiving notice that the able and substantial reduction in morbidity ‘‘(D) the risks and benefits to persons from applicant is required to conduct such surveil- or mortality among individual tobacco users the use of the tobacco product that is the lance, submit, for the approval of the Sec- is reasonably likely in subsequent studies. subject of the application as compared to the retary, a protocol for the required surveil- ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To use of products for smoking cessation ap- lance. The Secretary, within 60 days of the issue an order under subparagraph (A) the proved under chapter V to treat nicotine de- receipt of such protocol, shall determine if Secretary must also find that the applicant pendence; and the principal investigator proposed to be has demonstrated that— ‘‘(E) comments, data, and information sub- used in the surveillance has sufficient quali- ‘‘(i) the magnitude of the overall reduc- mitted by interested persons. fications and experience to conduct such sur- tions in exposure to the substance or sub- ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- veillance and if such protocol will result in stances which are the subject of the applica- KETING.— collection of the data or other information tion is substantial, such substance or sub- ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- designated by the Secretary as necessary to stances are harmful, and the product as ac- retary shall require for the marketing of a protect the public health. tually used exposes consumers to the speci- product under this section that any adver- fied reduced level of the substance or sub- tising or labeling concerning modified risk ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The stances; products enable the public to comprehend Secretary, after an opportunity for an infor- ‘‘(ii) the product as actually used by con- the information concerning modified risk mal hearing, shall withdraw an order under sumers will not expose them to higher levels and to understand the relative significance subsection (g) if the Secretary determines of other harmful substances compared to the of such information in the context of total that— similar types of tobacco products then on health and in relation to all of the diseases ‘‘(1) the applicant, based on new informa- the market unless such increases are mini- and health-related conditions associated tion, can no longer make the demonstrations mal and the reasonably likely overall impact with the use of tobacco products. required under subsection (g), or the Sec- of use of the product remains a substantial ‘‘(2) COMPARATIVE CLAIMS.— retary can no longer make the determina- and measurable reduction in overall mor- ‘‘(A) IN GENERAL.—The Secretary may re- tions required under subsection (g); bidity and mortality among individual to- quire for the marketing of a product under ‘‘(2) the application failed to include mate- bacco users; this subsection that a claim comparing a to- rial information or included any untrue ‘‘(iii) testing of actual consumer percep- bacco product to 1 or more other commer- statement of material fact; tion shows that, as the applicant proposes to cially marketed tobacco products shall com- ‘‘(3) any explicit or implicit representation label and market the product, consumers pare the tobacco product to a commercially that the product reduces risk or exposure is will not be misled into believing that the marketed tobacco product that is represent- no longer valid, including if— product— ative of that type of tobacco product on the ‘‘(A) a tobacco product standard is estab- ‘‘(I) is or has been demonstrated to be less market (for example the average value of the lished pursuant to section 907; harmful; or top 3 brands of an established regular to- ‘‘(B) an action is taken that affects the ‘‘(II) presents or has been demonstrated to bacco product). risks presented by other commercially mar- present less of a risk of disease than 1 or ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- keted tobacco products that were compared more other commercially marketed tobacco retary may also require, for purposes of sub- to the product that is the subject of the ap- products; and paragraph (A), that the percent (or fraction) plication; or

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SION. ‘‘(a) JURISDICTION.— health; ‘‘(a) RIGHT TO REVIEW.— ‘‘(1) IN GENERAL.—Except where expressly ‘‘(4) the applicant failed to conduct or sub- ‘‘(1) IN GENERAL.—Not later than 30 days mit the postmarket surveillance and studies after— provided in this chapter, nothing in this required under subsection (g)(2)(C)(ii) or sub- ‘‘(A) the promulgation of a regulation chapter shall be construed as limiting or di- section (i); or under section 907 establishing, amending, or minishing the authority of the Federal Trade ‘‘(5) the applicant failed to meet a condi- revoking a tobacco product standard; or Commission to enforce the laws under its ju- tion imposed under subsection (h). ‘‘(B) a denial of an application under sec- risdiction with respect to the advertising, sale, or distribution of tobacco products. ‘‘(k) CHAPTER IV OR V.—A product for tion 910(c), NFORCEMENT.—Any advertising that which the Secretary has issued an order pur- ‘‘(2) E any person adversely affected by such regu- violates this chapter or a provision of the suant to subsection (g) shall not be subject lation or denial may file a petition for judi- regulations referred to in section 102 of the to chapter IV or V. cial review of such regulation or denial with Family Smoking Prevention and Tobacco ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- the United States Court of Appeals for the Control Act, is an unfair or deceptive act or ANCE.— District of Columbia or for the circuit in practice under section 5(a) of the Federal ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 which such person resides or has their prin- Trade Commission Act and shall be consid- years after the date of enactment of the cipal place of business. ered a violation of a rule promulgated under Family Smoking Prevention and Tobacco ‘‘(2) REQUIREMENTS.— section 18 of that Act. Control Act, the Secretary shall issue regu- ‘‘(A) COPY OF PETITION.—A copy of the peti- ‘‘(b) COORDINATION.—With respect to the re- lations or guidance (or any combination tion filed under paragraph (1) shall be trans- quirements of section 4 of the Federal Ciga- thereof) on the scientific evidence required mitted by the clerk of the court involved to rette Labeling and Advertising Act and sec- for assessment and ongoing review of modi- the Secretary. tion 3 of the Comprehensive Smokeless To- fied risk tobacco products. Such regulations ‘‘(B) RECORD OF PROCEEDINGS.—On receipt bacco Health Education Act of 1986— or guidance shall— of a petition under subparagraph (A), the ‘‘(1) the Chairman of the Federal Trade ‘‘(A) to the extent that adequate scientific Secretary shall file in the court in which Commission shall coordinate with the Sec- evidence exists, establish minimum stand- such petition was filed— retary concerning the enforcement of such ards for scientific studies needed prior to ‘‘(i) the record of the proceedings on which Act as such enforcement relates to unfair or issuing an order under subsection (g) to show the regulation or order was based; and deceptive acts or practices in the advertising that a substantial reduction in morbidity or ‘‘(ii) a statement of the reasons for the of cigarettes or smokeless tobacco; and mortality among individual tobacco users issuance of such a regulation or order. ‘‘(2) the Secretary shall consult with the occurs for products described in subsection ‘‘(C) DEFINITION OF RECORD.—In this sec- Chairman of such Commission in revising (g)(1) or is reasonably likely for products de- tion, the term ‘record’ means— the label statements and requirements under scribed in subsection (g)(2); ‘‘(i) all notices and other matter published such sections. ‘‘(B) include validated biomarkers, inter- in the Federal Register with respect to the ‘‘SEC. 915. REGULATION REQUIREMENT. mediate clinical endpoints, and other fea- regulation or order reviewed; ‘‘(a) TESTING, REPORTING, AND DISCLO- sible outcome measures, as appropriate; ‘‘(ii) all information submitted to the Sec- SURE.—Not later than 36 months after the ‘‘(C) establish minimum standards for retary with respect to such regulation or date of enactment of the Family Smoking postmarket studies, that shall include reg- order; Prevention and Tobacco Control Act, the ular and long-term assessments of health ‘‘(iii) proceedings of any panel or advisory Secretary shall promulgate regulations outcomes and mortality, intermediate clin- committee with respect to such regulation under this Act that meet the requirements of ical endpoints, consumer perception of harm or order; subsection (b). reduction, and the impact on quitting behav- ‘‘(iv) any hearing held with respect to such ‘‘(b) CONTENTS OF RULES.—The regulations ior and new use of tobacco products, as ap- regulation or order; and promulgated under subsection (a)— propriate; ‘‘(v) any other information identified by ‘‘(1) shall require testing and reporting of ‘‘(D) establish minimum standards for re- the Secretary, in the administrative pro- tobacco product constituents, ingredients, quired postmarket surveillance, including ceeding held with respect to such regulation and additives, including smoke constituents, ongoing assessments of consumer perception; or order, as being relevant to such regulation by brand and subbrand that the Secretary ‘‘(E) require that data from the required or order. determines should be tested to protect the studies and surveillance be made available to ‘‘(b) STANDARD OF REVIEW.—Upon the filing public health, provided that, for purposes of the Secretary prior to the decision on re- of the petition under subsection (a) for judi- the testing requirements of this paragraph, newal of a modified risk tobacco product; cial review of a regulation or order, the tobacco products manufactured and sold by a and court shall have jurisdiction to review the single tobacco product manufacturer that ‘‘(F) establish a reasonable timetable for regulation or order in accordance with chap- are identical in all respects except the la- the Secretary to review an application under ter 7 of title 5, United States Code, and to bels, packaging design, logo, trade dress, this section. grant appropriate relief, including interim trademark, brand name, or any combination relief, as provided for in such chapter. A reg- ‘‘(2) CONSULTATION.—The regulations or thereof, shall be considered as a single brand; ulation or denial described in subsection (a) guidance issued under paragraph (1) shall be and shall be reviewed in accordance with section developed in consultation with the Institute ‘‘(2) may require that tobacco product 706(2)(A) of title 5, United States Code. of Medicine, and with the input of other ap- manufacturers, packagers, or importers propriate scientific and medical experts, on ‘‘(c) FINALITY OF JUDGMENT.—The judg- ment of the court affirming or setting aside, make disclosures relating to the results of the design and conduct of such studies and the testing of tar and nicotine through labels surveillance. in whole or in part, any regulation or order shall be final, subject to review by the Su- or advertising or other appropriate means, ‘‘(3) REVISION.—The regulations or guid- preme Court of the United States upon cer- and make disclosures regarding the results ance under paragraph (1) shall be revised on of the testing of other constituents, includ- a regular basis as new scientific information tiorari or certification, as provided in sec- tion 1254 of title 28, United States Code. ing smoke constituents, ingredients, or addi- becomes available. ‘‘(d) OTHER REMEDIES.—The remedies pro- tives, that the Secretary determines should EW TOBACCO PRODUCTS.—Not later ‘‘(4) N vided for in this section shall be in addition be disclosed to the public to protect the pub- than 2 years after the date of enactment of to, and not in lieu of, any other remedies lic health and will not mislead consumers the Family Smoking Prevention and To- provided by law. about the risk of tobacco-related disease. bacco Control Act, the Secretary shall issue ‘‘(e) REGULATIONS AND ORDERS MUST RE- ‘‘(c) AUTHORITY.—The Secretary shall have a regulation or guidance that permits the fil- CITE BASIS IN RECORD.—To facilitate judicial the authority under this chapter to conduct ing of a single application for any tobacco review, a regulation or order issued under or to require the testing, reporting, or dis- product that is a new tobacco product under section 906, 907, 908, 909, 910, or 916 shall con- closure of tobacco product constituents, in- section 910 and which the applicant seeks to tain a statement of the reasons for the cluding smoke constituents. commercially market under this section. issuance of such regulation or order in the ‘‘(d) SMALL TOBACCO PRODUCT MANUFAC- ‘‘(m) DISTRIBUTORS.—Except as provided in record of the proceedings held in connection TURERS.— this section, no distributor may take any ac- with its issuance. ‘‘(1) FIRST COMPLIANCE DATE.—The initial tion, after the date of enactment of the Fam- ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- regulations promulgated under subsection ily Smoking Prevention and Tobacco Con- LETS. (a) shall not impose requirements on small trol Act, with respect to a tobacco product ‘‘The Secretary shall issue regulations to tobacco product manufacturers before the that would reasonably be expected to result require that retail establishments for which later of— in consumers believing that the tobacco the predominant business is the sale of to- ‘‘(A) the end of the 2-year period following product or its smoke may present a lower bacco products comply with any advertising the final promulgation of such regulations; risk of disease or is less harmful than one or restrictions applicable to retail establish- and more commercially marketed tobacco prod- ments accessible to individuals under the ‘‘(B) the initial date set by the Secretary ucts, or presents a reduced exposure to, or age of 18. for compliance with such regulations by

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manufacturers that are not small tobacco may delay the date by which a small tobacco ‘‘(2) PREEMPTION OF CERTAIN STATE AND product manufacturers. product manufacturer must be in compliance LOCAL REQUIREMENTS.— ‘‘(2) TESTING AND REPORTING INITIAL COM- with the testing and reporting required by ‘‘(A) IN GENERAL.—No State or political PLIANCE PERIOD.— this section until such time as the testing is subdivision of a State may establish or con- ‘‘(A) 4-YEAR PERIOD.—The initial regula- reported if, not later than 90 days before the tinue in effect with respect to a tobacco tions promulgated under subsection (a) shall deadline for reporting in accordance with product any requirement which is different give each small tobacco product manufac- this section, a small tobacco product manu- from, or in addition to, any requirement turer a 4-year period over which to conduct facturer provides evidence to the Secretary under the provisions of this chapter relating testing and reporting for all of its tobacco demonstrating that— to tobacco product standards, premarket re- products. Subject to paragraph (1), the end of ‘‘(A) the manufacturer has submitted the view, adulteration, misbranding, labeling, the first year of such 4-year period shall co- required products for testing to a laboratory registration, good manufacturing standards, incide with the initial date of compliance and has done so sufficiently in advance of or modified risk tobacco products. under this section set by the Secretary with the deadline to create a reasonable expecta- ‘‘(B) EXCEPTION.—Subparagraph (A) does respect to manufacturers that are not small tion of completion by the deadline; not apply to requirements relating to the tobacco product manufacturers or the end of ‘‘(B) the products currently are awaiting sale, distribution, possession, information the 2-year period following the final promul- testing by the laboratory; and reporting to the State, exposure to, access gation of such regulations, as described in ‘‘(C) neither that laboratory nor any other to, the advertising and promotion of, or use paragraph (1)(A). A small tobacco product laboratory is able to complete testing by the of, tobacco products by individuals of any manufacturer shall be required— deadline at customary, nonexpedited testing age, or relating to fire safety standards for ‘‘(i) to conduct such testing and reporting fees. tobacco products. Information disclosed to a for 25 percent of its tobacco products during ‘‘(3) EXTENSION.—The Secretary, taking State under subparagraph (A) that is exempt each year of such 4-year period; and into account the laboratory testing capacity from disclosure under section 552(b)(4) of ‘‘(ii) to conduct such testing and reporting that is available to tobacco product manu- title 5, United States Code, shall be treated for its largest-selling tobacco products (as facturers, shall review and verify the evi- as a trade secret and confidential informa- determined by the Secretary) before its dence submitted by a small tobacco product tion by the State. other tobacco products, or in such other manufacturer in accordance with paragraph ‘‘(b) RULE OF CONSTRUCTION REGARDING order of priority as determined by the Sec- (2). If the Secretary finds that the conditions PRODUCT LIABILITY.—No provision of this retary. described in such paragraph are met, the chapter relating to a tobacco product shall ‘‘(B) CASE-BY-CASE DELAY.—Notwith- Secretary shall notify the small tobacco be construed to modify or otherwise affect standing subparagraph (A), the Secretary product manufacturer that the manufacturer any action or the liability of any person may, on a case-by-case basis, delay the date shall not be considered to be in violation of under the product liability law of any State. by which an individual small tobacco prod- the testing and reporting requirements of ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC AD- uct manufacturer must conduct testing and this section until the testing is reported or VISORY COMMITTEE. reporting for its tobacco products under this until 1 year after the reporting deadline has ‘‘(a) ESTABLISHMENT.—Not later than 6 section based upon a showing of undue hard- passed, whichever occurs sooner. If, however, months after the date of enactment of the ship to such manufacturer. Notwithstanding the Secretary has not made a finding before Family Smoking Prevention and Tobacco the preceding sentence, the Secretary shall the reporting deadline, the manufacturer Control Act, the Secretary shall establish a not extend the deadline for a small tobacco shall not be considered to be in violation of 12-member advisory committee, to be known product manufacturer to conduct testing and such requirements until the Secretary finds as the Tobacco Products Scientific Advisory reporting for all of its tobacco products be- that the conditions described in paragraph Committee (in this section referred to as the yond a total of 5 years after the initial date (2) have not been met, or until 1 year after ‘Advisory Committee’). of compliance under this section set by the the reporting deadline, whichever occurs ‘‘(b) MEMBERSHIP.— Secretary with respect to manufacturers sooner. ‘‘(1) IN GENERAL.— that are not small tobacco product manufac- ‘‘(4) ADDITIONAL EXTENSION.—In addition to ‘‘(A) MEMBERS.—The Secretary shall ap- turers. the time that may be provided under para- point as members of the Tobacco Products ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING graph (3), the Secretary may provide further Scientific Advisory Committee individuals AND REPORTING.—The regulations promul- extensions of time, in increments of no more who are technically qualified by training and gated under subsection (a) shall provide that, than 1 year, for required testing and report- experience in medicine, medical ethics, with respect to any subsequent or additional ing to occur if the Secretary determines, science, or technology involving the manu- testing and reporting of tobacco products re- based on evidence properly and timely sub- facture, evaluation, or use of tobacco prod- quired under this section, such testing and mitted by a small tobacco product manufac- ucts, who are of appropriately diversified reporting by a small tobacco product manu- turer in accordance with paragraph (2), that professional backgrounds. The committee facturer shall be conducted in accordance a lack of available laboratory capacity pre- shall be composed of— with the timeframes described in paragraph vents the manufacturer from completing the ‘‘(i) 7 individuals who are physicians, den- (2)(A), except that, in the case of a new prod- required testing during the period described tists, scientists, or health care professionals uct, or if there has been a modification de- in paragraph (3). practicing in the area of oncology, scribed in section 910(a)(1)(B) of any product ‘‘(f) RULE OF CONSTRUCTION.—Nothing in pulmonology, cardiology, toxicology, phar- of a small tobacco product manufacturer subsection (d) or (e) shall be construed to au- macology, addiction, or any other relevant since the last testing and reporting required thorize the extension of any deadline, or to specialty; under this section, the Secretary shall re- otherwise affect any timeframe, under any ‘‘(ii) 1 individual who is an officer or em- quire that any subsequent or additional test- provision of this Act or the Family Smoking ployee of a State or local government or of ing and reporting be conducted in accordance Prevention and Tobacco Control Act other the Federal Government; with the same timeframe applicable to man- than this section. ‘‘(iii) 1 individual as a representative of the ufacturers that are not small tobacco prod- ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL general public; uct manufacturers. AUTHORITY. ‘‘(iv) 1 individual as a representative of the ‘‘(4) JOINT LABORATORY TESTING SERVICES.— ‘‘(a) IN GENERAL.— interests of the tobacco manufacturing in- The Secretary shall allow any 2 or more ‘‘(1) PRESERVATION.—Except as provided in dustry; small tobacco product manufacturers to join paragraph (2)(A), nothing in this chapter, or ‘‘(v) 1 individual as a representative of the together to purchase laboratory testing serv- rules promulgated under this chapter, shall interests of the small business tobacco man- ices required by this section on a group basis be construed to limit the authority of a Fed- ufacturing industry, which position may be in order to ensure that such manufacturers eral agency (including the Armed Forces), a filled on a rotating, sequential basis by rep- receive access to, and fair pricing of, such State or political subdivision of a State, or resentatives of different small business to- testing services. the government of an Indian tribe to enact, bacco manufacturers based on areas of exper- ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY adopt, promulgate, and enforce any law, tise relevant to the topics being considered CAPACITY.— rule, regulation, or other measure with re- by the Advisory Committee; and ‘‘(1) IN GENERAL.—The regulations promul- spect to tobacco products that is in addition ‘‘(vi) 1 individual as a representative of the gated under subsection (a) shall provide that to, or more stringent than, requirements es- interests of the tobacco growers. a small tobacco product manufacturer shall tablished under this chapter, including a ‘‘(B) NONVOTING MEMBERS.—The members not be considered to be in violation of this law, rule, regulation, or other measure relat- of the committee appointed under clauses section before the deadline applicable under ing to or prohibiting the sale, distribution, (iv), (v), and (vi) of subparagraph (A) shall paragraphs (3) and (4), if— possession, exposure to, access to, adver- serve as consultants to those described in ‘‘(A) the tobacco products of such manufac- tising and promotion of, or use of tobacco clauses (i) through (iii) of subparagraph (A) turer are in compliance with all other re- products by individuals of any age, informa- and shall be nonvoting representatives. quirements of this chapter; and tion reporting to the State, or measures re- ‘‘(C) CONFLICTS OF INTEREST.—No members ‘‘(B) the conditions described in paragraph lating to fire safety standards for tobacco of the committee, other than members ap- (2) are met. products. No provision of this chapter shall pointed pursuant to clauses (iv), (v), and (vi) ‘‘(2) CONDITIONS.—Notwithstanding the re- limit or otherwise affect any State, tribal, or of subparagraph (A) shall, during the mem- quirements of this section, the Secretary local taxation of tobacco products. ber’s tenure on the committee or for the 18-

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Nicotine and Tobacco), shall submit to the ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- ‘‘(2) LIMITATION.—The Secretary may not Congress a report that examines how best to withstanding clause (ii), no user fees shall be appoint to the Advisory Committee any indi- regulate, promote, and encourage the devel- assessed on a class of tobacco products un- vidual who is in the regular full-time employ opment of innovative products and treat- less such class of tobacco products is listed of the Food and Drug Administration or any ments (including nicotine-based and non-nic- in section 901(b) or is deemed by the Sec- agency responsible for the enforcement of otine-based products and treatments) to bet- retary in a regulation under section 901(b) to this Act. The Secretary may appoint Federal ter achieve, in a manner that best protects be subject to this chapter. officials as ex officio members. and promotes the public health— ‘‘(iv) REALLOCATIONS.—In the case of a ‘‘(3) CHAIRPERSON.—The Secretary shall ‘‘(A) total abstinence from tobacco use; class of tobacco products that is not listed in designate 1 of the members appointed under ‘‘(B) reductions in consumption of tobacco; section 901(b) or deemed by the Secretary in clauses (i), (ii), and (iii) of paragraph (1)(A) and a regulation under section 901(b) to be sub- to serve as chairperson. ‘‘(C) reductions in the harm associated ject to this chapter, the amount of user fees ‘‘(c) DUTIES.—The Tobacco Products Sci- with continued tobacco use. that would otherwise be assessed to such entific Advisory Committee shall provide ad- ‘‘(2) RECOMMENDATIONS.—The report under class of tobacco products shall be reallocated vice, information, and recommendations to paragraph (1) shall include the recommenda- to the classes of tobacco products that are the Secretary— tions of the Secretary on how the Food and subject to this chapter in the same manner ‘‘(1) as provided in this chapter; Drug Administration should coordinate and and based on the same relative percentages ‘‘(2) on the effects of the alteration of the facilitate the exchange of information on otherwise determined under clause (ii). nicotine yields from tobacco products; such innovative products and treatments ‘‘(3) DETERMINATION OF USER FEE BY COM- ‘‘(3) on whether there is a threshold level among relevant offices and centers within PANY.— below which nicotine yields do not produce the Administration and within the National ‘‘(A) IN GENERAL.—The total user fee to be dependence on the tobacco product involved; Institutes of Health, the Centers for Disease paid by each manufacturer or importer of a and Control and Prevention, and other relevant particular class of tobacco products shall be ‘‘(4) on its review of other safety, depend- agencies. determined for each quarter by multi- plying— ence, or health issues relating to tobacco ‘‘SEC. 919. USER FEES. products as requested by the Secretary. ‘‘(i) such manufacturer’s or importer’s per- ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— ‘‘(d) COMPENSATION; SUPPORT; FACA.— centage share as determined under para- Beginning on the date of enactment of the ‘‘(1) COMPENSATION AND TRAVEL.—Members graph (4); by Family Smoking Prevention and Tobacco of the Advisory Committee who are not offi- ‘‘(ii) the portion of the user fee amount for Control Act, the Secretary shall in accord- cers or employees of the United States, while the current quarter to be assessed on all ance with this section assess user fees on, attending conferences or meetings of the manufacturers and importers of such class of and collect such fees from, each manufac- committee or otherwise engaged in its busi- tobacco products as determined under para- turer and importer of tobacco products sub- ness, shall be entitled to receive compensa- graph (2). ject to this chapter. The fees shall be as- tion at rates to be fixed by the Secretary, ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE sessed and collected with respect to each which may not exceed the daily equivalent of SHARE.—No manufacturer or importer of to- quarter of each fiscal year, and the total the rate in effect under the Senior Executive bacco products shall be required to pay a amount assessed and collected for a fiscal Schedule under section 5382 of title 5, United user fee in excess of the percentage share of year shall be the amount specified in sub- States Code, for each day (including travel such manufacturer or importer. section (b)(1) for such year, subject to sub- time) they are so engaged; and while so serv- ‘‘(4) ALLOCATION OF ASSESSMENT WITHIN section (c). ing away from their homes or regular places EACH CLASS OF TOBACCO PRODUCT.—The per- ‘‘(b) ASSESSMENT OF USER FEE.— of business each member may be allowed centage share of each manufacturer or im- ‘‘(1) AMOUNT OF ASSESSMENT.—The total travel expenses, including per diem in lieu of porter of a particular class of tobacco prod- amount of user fees authorized to be assessed subsistence, as authorized by section 5703 of ucts of the total user fee to be paid by all and collected under subsection (a) for a fiscal title 5, United States Code, for persons in the manufacturers or importers of that class of year is the following, as applicable to the fis- Government service employed intermit- tobacco products shall be the percentage de- cal year involved: tently. termined for purposes of allocations under ‘‘(A) For fiscal year 2009, $85,000,000 (sub- ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- subsections (e) through (h) of section 625 of ject to subsection (e)). retary shall furnish the Advisory Committee Public Law 108–357. ‘‘(B) For fiscal year 2010, $235,000,000. clerical and other assistance. ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- ‘‘(C) For fiscal year 2011, $450,000,000. standing paragraph (4), if a user fee assess- ‘‘(3) NONAPPLICATION OF FACA.—Section 14 ‘‘(D) For fiscal year 2012, $477,000,000. of the Federal Advisory Committee Act does ment is imposed on cigars, the percentage ‘‘(E) For fiscal year 2013, $505,000,000. not apply to the Advisory Committee. share of each manufacturer or importer of ci- ‘‘(F) For fiscal year 2014, $534,000,000. ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND gars shall be based on the excise taxes paid COMMITTEES.—The Advisory Committee shall ‘‘(G) For fiscal year 2015, $566,000,000. by such manufacturer or importer during the make and maintain a transcript of any pro- ‘‘(H) For fiscal year 2016, $599,000,000. prior fiscal year. ceeding of the panel or committee. Each ‘‘(I) For fiscal year 2017, $635,000,000. ‘‘(6) TIMING OF ASSESSMENT.—The Sec- such panel and committee shall delete from ‘‘(J) For fiscal year 2018, $672,000,000. retary shall notify each manufacturer and any transcript made under this subsection ‘‘(K) For fiscal year 2019 and each subse- importer of tobacco products subject to this information which is exempt from disclosure quent fiscal year, $712,000,000. section of the amount of the quarterly as- under section 552(b) of title 5, United States ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS sessment imposed on such manufacturer or Code. OF TOBACCO PRODUCTS.— importer under this subsection for each ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- ‘‘(A) IN GENERAL.—The total user fees as- quarter of each fiscal year. Such notifica- BACCO DEPENDENCE. sessed and collected under subsection (a) tions shall occur not later than 30 days prior ‘‘(a) IN GENERAL.—The Secretary shall— each fiscal year with respect to each class of to the end of the quarter for which such as- ‘‘(1) at the request of the applicant, con- tobacco products shall be an amount that is sessment is made, and payments of all as- sider designating products for smoking ces- equal to the applicable percentage of each sessments shall be made by the last day of sation, including nicotine replacement prod- class for the fiscal year multiplied by the the quarter involved. ucts as fast track research and approval amount specified in paragraph (1) for the fis- ‘‘(7) MEMORANDUM OF UNDERSTANDING.— products within the meaning of section 506; cal year. ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(2) consider approving the extended use of ‘‘(B) APPLICABLE PERCENTAGE.— quest the appropriate Federal agency to nicotine replacement products (such as nico- ‘‘(i) IN GENERAL.—For purposes of subpara- enter into a memorandum of understanding tine patches, nicotine gum, and nicotine loz- graph (A), the applicable percentage for a fis- that provides for the regular and timely enges) for the treatment of tobacco depend- cal year for each of the following classes of transfer from the head of such agency to the ence; and tobacco products shall be determined in ac- Secretary of the information described in ‘‘(3) review and consider the evidence for cordance with clause (ii): paragraphs (2)(B)(ii) and (4) and all necessary additional indications for nicotine replace- ‘‘(I) Cigarettes. information regarding all tobacco product ment products, such as for craving relief or ‘‘(II) Cigars, including small cigars and ci- manufacturers and importers required to pay relapse prevention. gars other than small cigars. user fees. The Secretary shall maintain all ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— ‘‘(III) Snuff. disclosure restrictions established by the ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘(IV) Chewing tobacco. head of such agency regarding the informa- after the date of enactment of the Family ‘‘(V) Pipe tobacco. tion provided under the memorandum of un- Smoking Prevention and Tobacco Control ‘‘(VI) Roll-your-own tobacco. derstanding. Act, the Secretary, after consultation with ‘‘(ii) ALLOCATIONS.—The applicable per- ‘‘(B) ASSURANCES.—Beginning not later recognized scientific, medical, and public centage of each class of tobacco product de- than fiscal year 2015, and for each subsequent

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.059 S03JNPT1 jbell on PROD1PC69 with SENATE S6116 CONGRESSIONAL RECORD — SENATE June 3, 2009 fiscal year, the Secretary shall ensure that 2010, or any portion thereof, obligations for ‘‘cigarette’’, ‘‘cigarette tobacco’’, and the Food and Drug Administration is able to costs of tobacco regulation activities during ‘‘smokeless tobacco’’ as defined in section determine the applicable percentages de- the start-up period may be incurred in an- 900 of the Federal Food, Drug, and Cosmetic scribed in paragraph (2) and the percentage ticipation of the receipt of offsetting fee col- Act; shares described in paragraph (4). The Sec- lections through procedures specified in sec- (D) insert ‘‘or roll-your-own paper’’ in sec- retary may carry out this subparagraph by tion 1534 of title 31, United States Code. tion 897.34(a) after ‘‘other than cigarettes or entering into a contract with the head of the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— smokeless tobacco’’; Federal agency referred to in subparagraph For fiscal year 2009 and each subsequent fis- (E) include such modifications to section (A) to continue to provide the necessary in- cal year, there is authorized to be appro- 897.30(b), if any, that the Secretary deter- formation. priated for fees under this section an amount mines are appropriate in light of governing ‘‘(c) CREDITING AND AVAILABILITY OF equal to the amount specified in subsection First Amendment case law, including the de- FEES.— (b)(1) for the fiscal year. cision of the Supreme Court of the United ‘‘(1) IN GENERAL.—Fees authorized under ‘‘(d) COLLECTION OF UNPAID FEES.—In any States in Lorillard Tobacco Co. v. Reilly (533 subsection (a) shall be collected and avail- case where the Secretary does not receive U.S. 525 (2001)); able for obligation only to the extent and in payment of a fee assessed under subsection (F) become effective on the date that is 1 the amount provided in advance in appro- (a) within 30 days after it is due, such fee year after the date of enactment of this Act; priations Acts, subject to paragraph (2)(D). shall be treated as a claim of the United and Such fees are authorized to remain available States Government subject to subchapter II (G) amend paragraph (d) of section 897.16 to until expended. Such sums as may be nec- of chapter 37 of title 31, United States Code. read as follows: essary may be transferred from the Food and ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.— ‘‘(d)(1) Except as provided in subparagraph Drug Administration salaries and expenses If the date of enactment of the Family (2), no manufacturer, distributor, or retailer appropriation account without fiscal year Smoking Prevention and Tobacco Control may distribute or cause to be distributed any limitation to such appropriation account for Act occurs during fiscal year 2009, the fol- free samples of cigarettes, smokeless to- salaries and expenses with such fiscal year lowing applies, subject to subsection (c): bacco, or other tobacco products (as such limitation. ‘‘(1) The Secretary shall determine the fees term is defined in section 201 of the Federal ‘‘(2) AVAILABILITY.— that would apply for a single quarter of such Food, Drug, and Cosmetic Act). ‘‘(A) IN GENERAL.—Fees appropriated under fiscal year according to the application of ‘‘(2)(A) Subparagraph (1) does not prohibit paragraph (3) are available only for the pur- subsection (b) to the amount specified in a manufacturer, distributor, or retailer from pose of paying the costs of the activities of paragraph (1)(A) of such subsection (referred distributing or causing to be distributed free the Food and Drug Administration related to to in this subsection as the ‘quarterly fee samples of smokeless tobacco in a qualified the regulation of tobacco products under this amounts’). adult-only facility. chapter and the Family Smoking Prevention ‘‘(2) For the quarter in which such date of ‘‘(B) This subparagraph does not affect the and Tobacco Control Act (referred to in this enactment occurs, the amount of fees as- authority of a State or local government to subsection as ‘tobacco regulation activi- prohibit or otherwise restrict the distribu- sessed shall be a pro rata amount, deter- ties’), except that such fees may be used for tion of free samples of smokeless tobacco. mined according to the number of days re- the reimbursement specified in subparagraph ‘‘(C) For purposes of this paragraph, the maining in the quarter (including such date (C). term ‘qualified adult-only facility’ means a of enactment) and according to the daily ‘‘(B) PROHIBITION AGAINST USE OF OTHER facility or restricted area that— equivalent of the quarterly fee amounts. FUNDS.— ‘‘(i) requires each person present to provide Fees assessed under the preceding sentence ‘‘(i) IN GENERAL.—Except as provided in to a law enforcement officer (whether on or clause (ii), fees collected under subsection (a) shall not be collected until the next quarter. off duty) or to a security guard licensed by a are the only funds authorized to be made ‘‘(3) For the quarter following the quarter governmental entity government-issued available for tobacco regulation activities. to which paragraph (2) applies, the full quar- identification showing a photograph and at terly fee amounts shall be assessed and col- ‘‘(ii) STARTUP COSTS.—Clause (i) does not least the minimum age established by appli- apply until October 1, 2009. Until such date, lected, in addition to collection of the pro cable law for the purchase of smokeless to- any amounts available to the Food and Drug rata fees assessed under paragraph (2).’’. bacco; Administration (excluding user fees) shall be (c) CONFORMING AMENDMENT.—Section 9(1) ‘‘(ii) does not sell, serve, or distribute alco- available and allocated as needed to pay the of the Comprehensive Smokeless Tobacco hol; costs of tobacco regulation activities. Health Education Act of 1986 (15 U.S.C. ‘‘(iii) is not located adjacent to or imme- ‘‘(C) REIMBURSEMENT OF START-UP 4408(i)) is amended to read as follows: diately across from (in any direction) a space AMOUNTS.— ‘‘(1) The term ‘smokeless tobacco’ has the that is used primarily for youth-oriented ‘‘(i) IN GENERAL.—Any amounts allocated meaning given such term by section 900(18) marketing, promotional, or other activities; for the start-up period pursuant to subpara- of the Federal Food, Drug, and Cosmetic ‘‘(iv) is a temporary structure constructed, graph (B)(ii) shall be reimbursed through any Act.’’. designated, and operated as a distinct en- appropriated fees collected under subsection SEC. 102. FINAL RULE. closed area for the purpose of distributing (a), in such manner as the Secretary deter- (a) CIGARETTES AND SMOKELESS TOBACCO.— free samples of smokeless tobacco in accord- mines appropriate to ensure that such allo- (1) IN GENERAL.—On the first day of publi- ance with this subparagraph; cation results in no net change in the total cation of the Federal Register that is 180 ‘‘(v) is enclosed by a barrier that— amount of funds otherwise available, for the days or more after the date of enactment of ‘‘(I) is constructed of, or covered with, an period from October 1, 2008, through Sep- this Act, the Secretary of Health and Human opaque material (except for entrances and tember 30, 2010, for Food and Drug Adminis- Services shall publish in the Federal Reg- exits); tration programs and activities (other than ister a final rule regarding cigarettes and ‘‘(II) extends from no more than 12 inches tobacco regulation activities) for such pe- smokeless tobacco, which— above the ground or floor (which area at the riod. (A) is deemed to be issued under chapter 9 bottom of the barrier must be covered with ‘‘(ii) TREATMENT OF REIMBURSED of the Federal Food, Drug, and Cosmetic Act, material that restricts visibility but may AMOUNTS.—Amounts reimbursed under clause as added by section 101 of this division; and allow airflow) to at least 8 feet above the (i) shall be available for the programs and (B) shall be deemed to be in compliance ground or floor (or to the ceiling); and activities for which funds allocated for the with all applicable provisions of chapter 5 of ‘‘(III) prevents persons outside the quali- start-up period were available, prior to such title 5, United States Code, and all other pro- fied adult-only facility from seeing into the allocation, until September 30, 2010, notwith- visions of law relating to rulemaking proce- qualified adult-only facility, unless they standing any otherwise applicable limits on dures. make unreasonable efforts to do so; and amounts for such programs or activities for (2) CONTENTS OF RULE.—Except as provided ‘‘(vi) does not display on its exterior— a fiscal year. in this subsection, the final rule published ‘‘(I) any tobacco product advertising; ‘‘(D) FEE COLLECTED DURING START-UP PE- under paragraph (1), shall be identical in its ‘‘(II) a brand name other than in conjunc- RIOD.—Notwithstanding the first sentence of provisions to part 897 of the regulations pro- tion with words for an area or enclosure to paragraph (1), fees under subsection (a) may mulgated by the Secretary of Health and identify an adult-only facility; or be collected through September 30, 2009 Human Services in the August 28, 1996, issue ‘‘(III) any combination of words that would under subparagraph (B)(ii) and shall be avail- of the Federal Register (61 Fed. Reg. 44615– imply to a reasonable observer that the man- able for obligation and remain available 44618). Such rule shall— ufacturer, distributor, or retailer has a spon- until expended. Such offsetting collections (A) provide for the designation of jurisdic- sorship that would violate section 897.34(c). shall be credited to the salaries and expenses tional authority that is in accordance with ‘‘(D) Distribution of samples of smokeless account of the Food and Drug Administra- this subsection in accordance with this divi- tobacco under this subparagraph permitted tion. sion and the amendments made by this divi- to be taken out of the qualified adult-only ‘‘(E) OBLIGATION OF START-UP COSTS IN AN- sion; facility shall be limited to 1 package per TICIPATION OF AVAILABLE FEE COLLECTIONS.— (B) strike Subpart C—Labels and section adult consumer containing no more than 0.53 Notwithstanding any other provision of law, 897.32(c); ounces (15 grams) of smokeless tobacco. If following the enactment of an appropriation (C) strike paragraphs (a), (b), and (i) of sec- such package of smokeless tobacco contains for fees under this section for fiscal year tion 897.3 and insert definitions of the terms individual portions of smokeless tobacco, the

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.059 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6117 individual portions of smokeless tobacco Drug and These Products Are Nicotine Deliv- render such tobacco product a counterfeit to- shall not exceed 8 individual portions and ery Devices Under the Federal Food, Drug, bacco product. the collective weight of such individual por- and Cosmetic Act’’ (60 Fed. Reg. 41453–41787 ‘‘(2) Making, selling, disposing of, or keep- tions shall not exceed 0.53 ounces (15 grams). (August 11, 1995)). ing in possession, control, or custody, or con- Any manufacturer, distributor, or retailer (3) The preamble to the final rule in the cealing any punch, die, plate, stone, or other who distributes or causes to be distributed document titled ‘‘Regulations Restricting item that is designed to print, imprint, or re- free samples also shall take reasonable steps the Sale and Distribution of Cigarettes and produce the trademark, trade name, or other to ensure that the above amounts are lim- Smokeless Tobacco to Protect Children and identifying mark, imprint, or device of an- ited to one such package per adult consumer Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- other or any likeness of any of the foregoing per day. gust 28, 1996)). upon any tobacco product or container or la- ‘‘(3) Notwithstanding subparagraph (2), no (4) The document titled ‘‘Nicotine in Ciga- beling thereof so as to render such tobacco manufacturer, distributor, or retailer may rettes and Smokeless Tobacco is a Drug and product a counterfeit tobacco product. distribute or cause to be distributed any free These Products are Nicotine Delivery De- ‘‘(3) The doing of any act that causes a to- samples of smokeless tobacco— vices Under the Federal Food, Drug, and Cos- bacco product to be a counterfeit tobacco ‘‘(A) to a sports team or entertainment metic Act; Jurisdictional Determination’’ (61 product, or the sale or dispensing, or the group; or Fed. Reg. 44619–45318 (August 28, 1996)). holding for sale or dispensing, of a counter- ‘‘(B) at any football, basketball, baseball, SEC. 103. CONFORMING AND OTHER AMEND- feit tobacco product. soccer, or hockey event or any other sport- MENTS TO GENERAL PROVISIONS. ‘‘(rr) The charitable distribution of tobacco ing or entertainment event determined by (a) AMENDMENT OF FEDERAL FOOD, DRUG, products. the Secretary to be covered by this subpara- AND COSMETIC ACT.—Except as otherwise ex- ‘‘(ss) The failure of a manufacturer or dis- graph. pressly provided, whenever in this section an ‘‘(4) The Secretary shall implement a pro- tributor to notify the Attorney General and amendment is expressed in terms of an gram to ensure compliance with this para- the Secretary of the Treasury of their amendment to, or repeal of, a section or graph and submit a report to the Congress on knowledge of tobacco products used in illicit other provision, the reference is to a section such compliance not later than 18 months trade. or other provision of the Federal Food, Drug, after the date of enactment of the Family ‘‘(tt) Making any express or implied state- and Cosmetic Act (21 U.S.C. 301 et seq.). Smoking Prevention and Tobacco Control ment or representation directed to con- (b) SECTION 301.—Section 301 (21 U.S.C. 331) Act. sumers with respect to a tobacco product, in ‘‘(5) Nothing in this paragraph shall be is amended— a label or labeling or through the media or construed to authorize any person to dis- (1) in subsection (a), by inserting ‘‘tobacco advertising, that either conveys, or misleads tribute or cause to be distributed any sample product,’’ after ‘‘device,’’; or would mislead consumers into believing, of a tobacco product to any individual who (2) in subsection (b), by inserting ‘‘tobacco that— has not attained the minimum age estab- product,’’ after ‘‘device,’’; ‘‘(1) the product is approved by the Food lished by applicable law for the purchase of (3) in subsection (c), by inserting ‘‘tobacco and Drug Administration; such product.’’. product,’’ after ‘‘device,’’; ‘‘(2) the Food and Drug Administration (3) AMENDMENTS TO RULE.—Prior to making (4) in subsection (e)— deems the product to be safe for use by con- amendments to the rule published under (A) by striking the period after ‘‘572(i)’’; sumers; paragraph (1), the Secretary shall promul- and ‘‘(3) the product is endorsed by the Food gate a proposed rule in accordance with (B) by striking ‘‘or 761 or the refusal to and Drug Administration for use by con- chapter 5 of title 5, United States Code. permit access to’’ and inserting ‘‘761, 909, or sumers; or (4) RULE OF CONSTRUCTION.—Except as pro- 920 or the refusal to permit access to’’; ‘‘(4) the product is safe or less harmful by vided in paragraph (3), nothing in this sec- (5) in subsection (g), by inserting ‘‘tobacco virtue of— tion shall be construed to limit the author- product,’’ after ‘‘device,’’; ‘‘(A) its regulation or inspection by the ity of the Secretary to amend, in accordance (6) in subsection (h), by inserting ‘‘tobacco Food and Drug Administration; or with chapter 5 of title 5, United States Code, product,’’ after ‘‘device,’’; ‘‘(B) its compliance with regulatory re- the regulation promulgated pursuant to this (7) in subsection (j)— quirements set by the Food and Drug Admin- section, including the provisions of such reg- (A) by striking the period after ‘‘573’’; and istration; (B) by striking ‘‘708, or 721’’ and inserting ulation relating to distribution of free sam- including any such statement or representa- ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; ples. tion rendering the product misbranded under (8) in subsection (k), by inserting ‘‘tobacco (5) ENFORCEMENT OF RETAIL SALE PROVI- section 903.’’. SIONS.—The Secretary of Health and Human product,’’ after ‘‘device,’’; (c) SECTION 303.—Section 303(f) (21 U.S.C. Services shall ensure that the provisions of (9) by striking subsection (p) and inserting 333(f)) is amended— this division, the amendments made by this the following: (1) in paragraph (5)— division, and the implementing regulations ‘‘(p) The failure to register in accordance (A) by striking ‘‘paragraph (1), (2), (3), or (including such provisions, amendments, and with section 510 or 905, the failure to provide (4)’’ each place such appears and inserting regulations relating to the retail sale of to- any information required by section 510(j), ‘‘paragraph (1), (2), (3), (4), or (9)’’; bacco products) are enforced with respect to 510(k), 905(i), or 905(j), or the failure to pro- (B) in subparagraph (A)— the United States and Indian tribes. vide a notice required by section 510(j)(2) or (i) by striking ‘‘assessed’’ the first time it (6) QUALIFIED ADULT-ONLY FACILITY.—A 905(i)(3).’’; appears and inserting ‘‘assessed, or a no-to- qualified adult-only facility (as such term is (10) by striking subsection (q)(1) and in- defined in section 897.16(d) of the final rule serting the following: bacco-sale order may be imposed,’’; and published under paragraph (1)) that is also a ‘‘(q)(1) The failure or refusal— (ii) by striking ‘‘penalty’’ the second time retailer and that commits a violation as a ‘‘(A) to comply with any requirement pre- it appears and inserting ‘‘penalty, or upon retailer shall not be subject to the limita- scribed under section 518, 520(g), 903(b), 907, whom a no-tobacco-sale order is to be im- tions in section 103(q) and shall be subject to 908, or 915; posed,’’; penalties applicable to a qualified adult-only ‘‘(B) to furnish any notification or other (C) in subparagraph (B)— facility. material or information required by or under (i) by inserting after ‘‘penalty,’’ the fol- (7) CONGRESSIONAL REVIEW PROVISIONS.— section 519, 520(g), 904, 909, or 920; or lowing: ‘‘or the period to be covered by a no- Section 801 of title 5, United States Code, ‘‘(C) to comply with a requirement under tobacco-sale order,’’; and shall not apply to the final rule published section 522 or 913.’’; (ii) by adding at the end the following: ‘‘A under paragraph (1). (11) in subsection (q)(2), by striking ‘‘de- no-tobacco-sale order permanently prohib- (b) LIMITATION ON ADVISORY OPINIONS.—As vice,’’ and inserting ‘‘device or tobacco prod- iting an individual retail outlet from selling of the date of enactment of this Act, the fol- uct,’’; tobacco products shall include provisions lowing documents issued by the Food and (12) in subsection (r), by inserting ‘‘or to- that allow the outlet, after a specified period Drug Administration shall not constitute ad- bacco product’’ after the term ‘‘device’’ each of time, to request that the Secretary com- visory opinions under section 10.85(d)(1) of time that such term appears; and promise, modify, or terminate the order.’’; title 21, Code of Federal Regulations, except (13) by adding at the end the following: and as they apply to tobacco products, and shall ‘‘(oo) The sale of tobacco products in viola- (D) by adding at the end the following: not be cited by the Secretary of Health and tion of a no-tobacco-sale order issued under ‘‘(D) The Secretary may compromise, mod- Human Services or the Food and Drug Ad- section 303(f). ify, or terminate, with or without condi- ministration as binding precedent: ‘‘(pp) The introduction or delivery for in- tions, any no-tobacco-sale order.’’; (1) The preamble to the proposed rule in troduction into interstate commerce of a to- (2) in paragraph (6)— the document titled ‘‘Regulations Restrict- bacco product in violation of section 911. (A) by inserting ‘‘or the imposition of a no- ing the Sale and Distribution of Cigarettes ‘‘(qq)(1) Forging, counterfeiting, simu- tobacco-sale order’’ after the term ‘‘penalty’’ and Smokeless Tobacco Products to Protect lating, or falsely representing, or without each place such term appears; and Children and Adolescents’’ (60 Fed. Reg. proper authority using any mark, stamp (in- (B) by striking ‘‘issued.’’ and inserting 41314–41372 (August 11, 1995)). cluding tax stamp), tag, label, or other iden- ‘‘issued, or on which the no-tobacco-sale (2) The document titled ‘‘Nicotine in Ciga- tification device upon any tobacco product order was imposed, as the case may be.’’; and rettes and Smokeless Tobacco Products is a or container or labeling thereof so as to (3) by adding at the end the following:

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‘‘(8) If the Secretary finds that a person (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. do not conform to tobacco product standards has committed repeated violations of restric- 355(n)(2)) is amended by striking ‘‘section established pursuant to this Act; tions promulgated under section 906(d) at a 904’’ and inserting ‘‘section 1004’’. ‘‘(B) the public health implications of such particular retail outlet then the Secretary (f) SECTION 523.—Section 523(b)(2)(D) (21 exports, including any evidence of a negative may impose a no-tobacco-sale order on that U.S.C. 360m(b)(2)(D)) is amended by striking public health impact; and person prohibiting the sale of tobacco prod- ‘‘section 903(g)’’ and inserting ‘‘section ‘‘(C) recommendations or assessments of ucts in that outlet. A no-tobacco-sale order 1003(g)’’. policy alternatives available to Congress and (g) SECTION 702.—Section 702(a)(1) (U.S.C. may be imposed with a civil penalty under the executive branch to reduce any negative 372(a)(1)) is amended— paragraph (1). Prior to the entry of a no-sale public health impact caused by such exports. (1) by striking ‘‘(a)(1)’’ and inserting order under this paragraph, a person shall be ‘‘(2) The Secretary is authorized to estab- ‘‘(a)(1)(A)’’; and lish appropriate information disclosure re- entitled to a hearing pursuant to the proce- (2) by adding at the end the following: quirements to carry out this subsection.’’. dures established through regulations of the ‘‘(B)(i) For a tobacco product, to the extent (m) SECTION 1003.—Section 1003(d)(2)(C) (as Food and Drug Administration for assessing feasible, the Secretary shall contract with redesignated by section 101(b)) is amended— civil money penalties, including at a retail- the States in accordance with this paragraph (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; er’s request a hearing by telephone, or at the to carry out inspections of retailers within and nearest regional or field office of the Food that State in connection with the enforce- (2) inserting ‘‘, and tobacco products’’ after and Drug Administration, or at a Federal, ment of this Act. ‘‘devices’’. State, or county facility within 100 miles ‘‘(ii) The Secretary shall not enter into (n) SECTION 1009.—Section 1009(b) (as redes- from the location of the retail outlet, if such any contract under clause (i) with the gov- ignated by section 101(b)) is amended by a facility is available. ernment of any of the several States to exer- striking ‘‘section 908’’ and inserting ‘‘section cise enforcement authority under this Act on 1008’’. ‘‘(9) CIVIL MONETARY PENALTIES FOR VIOLA- Indian country without the express written (o) SECTION 409 OF THE FEDERAL MEAT IN- TION OF TOBACCO PRODUCT REQUIREMENTS.— consent of the Indian tribe involved.’’. SPECTION ACT.—Section 409(a) of the Federal ‘‘(A) IN GENERAL.—Subject to subparagraph (h) SECTION 703.—Section 703 (21 U.S.C. 373) Meat Inspection Act (21 U.S.C. 679(a)) is (B), any person who violates a requirement is amended— amended by striking ‘‘section 902(b)’’ and in- of this Act which relates to tobacco products (1) by inserting ‘‘tobacco product,’’ after serting ‘‘section 1002(b)’’. shall be liable to the United States for a civil the term ‘‘device,’’ each place such term ap- (p) RULE OF CONSTRUCTION.—Nothing in penalty in an amount not to exceed $15,000 pears; and this section is intended or shall be construed for each such violation, and not to exceed (2) by inserting ‘‘tobacco products,’’ after to expand, contract, or otherwise modify or $1,000,000 for all such violations adjudicated the term ‘‘devices,’’ each place such term ap- amend the existing limitations on State gov- in a single proceeding. pears. ernment authority over tribal restricted fee ‘‘(B) ENHANCED PENALTIES.— (i) SECTION 704.—Section 704 (21 U.S.C. 374) or trust lands. ‘‘(i) Any person who intentionally violates is amended— (q) GUIDANCE AND EFFECTIVE DATES.— a requirement of section 902(5), 902(6), 904, (1) in subsection (a)(1)— (1) IN GENERAL.—The Secretary of Health 908(c), or 911(a), shall be subject to a civil (A) by striking ‘‘devices, or cosmetics’’ and Human Services shall issue guidance— monetary penalty of— each place it appears and inserting ‘‘devices, (A) defining the term ‘‘repeated violation’’, ‘‘(I) not to exceed $250,000 per violation, tobacco products, or cosmetics’’; as used in section 303(f)(8) of the Federal and not to exceed $1,000,000 for all such viola- (B) by striking ‘‘or restricted devices’’ each Food, Drug, and Cosmetic Act (21 U.S.C. tions adjudicated in a single proceeding; or place it appears and inserting ‘‘restricted de- 333(f)(8)) as amended by subsection (c), as in- ‘‘(II) in the case of a violation that con- vices, or tobacco products’’; and cluding at least 5 violations of particular re- tinues after the Secretary provides written (C) by striking ‘‘and devices and subject quirements over a 36-month period at a par- notice to such person, $250,000 for the first 30- to’’ and all that follows through ‘‘other ticular retail outlet that constitute a re- day period (or any portion thereof) that the drugs or devices’’ and inserting ‘‘devices, and peated violation and providing for civil pen- person continues to be in violation, and such tobacco products and subject to reporting alties in accordance with paragraph (2); amount shall double for every 30-day period and inspection under regulations lawfully (B) providing for timely and effective no- thereafter that the violation continues, not issued pursuant to section 505 (i) or (k), sec- tice by certified or registered mail or per- to exceed $1,000,000 for any 30-day period, and tion 519, section 520(g), or chapter IX and sonal delivery to the retailer of each alleged not to exceed $10,000,000 for all such viola- data relating to other drugs, devices, or to- violation at a particular retail outlet prior tions adjudicated in a single proceeding. bacco products’’; to conducting a followup compliance check, ‘‘(ii) Any person who violates a require- (2) in subsection (b), by inserting ‘‘tobacco such notice to be sent to the location speci- ment of section 911(g)(2)(C)(ii) or 911(i)(1), product,’’ after ‘‘device,’’; and fied on the retailer’s registration or to the shall be subject to a civil monetary penalty (3) in subsection (g)(13), by striking ‘‘sec- retailer’s registered agent if the retailer has of— tion 903(g)’’ and inserting ‘‘section 1003(g)’’. provider such agent information to the Food ‘‘(I) not to exceed $250,000 per violation, (j) SECTION 705.—Section 705(b) (21 U.S.C. and Drug Administration prior to the viola- and not to exceed $1,000,000 for all such viola- 375(b)) is amended by inserting ‘‘tobacco tion; tions adjudicated in a single proceeding; or products,’’ after ‘‘devices,’’. (C) providing for a hearing pursuant to the ‘‘(II) in the case of a violation that con- (k) SECTION 709.—Section 709 (21 U.S.C. procedures established through regulations tinues after the Secretary provides written 379a) is amended by inserting ‘‘tobacco prod- of the Food and Drug Administration for as- notice to such person, $250,000 for the first 30- uct,’’ after ‘‘device,’’. sessing civil money penalties, including at a day period (or any portion thereof) that the (l) SECTION 801.—Section 801 (21 U.S.C. 381) retailer’s request a hearing by telephone or person continues to be in violation, and such is amended— at the nearest regional or field office of the amount shall double for every 30-day period (1) in subsection (a)— Food and Drug Administration, and pro- thereafter that the violation continues, not (A) by inserting ‘‘tobacco products,’’ after viding for an expedited procedure for the ad- to exceed $1,000,000 for any 30-day period, and the term ‘‘devices,’’; ministrative appeal of an alleged violation; not to exceed $10,000,000 for all such viola- (B) by inserting ‘‘or section 905(h)’’ after (D) providing that a person may not be tions adjudicated in a single proceeding. ‘‘section 510’’; and charged with a violation at a particular re- ‘‘(iii) In determining the amount of a civil (C) by striking the term ‘‘drugs or devices’’ tail outlet unless the Secretary has provided penalty under clause (i)(II) or (ii)(II), the each time such term appears and inserting notice to the retailer of all previous viola- Secretary shall take into consideration ‘‘drugs, devices, or tobacco products’’; tions at that outlet; whether the person is making efforts toward (2) in subsection (e)(1)— (E) establishing that civil money penalties for multiple violations shall increase from correcting the violation of the requirements (A) by inserting ‘‘tobacco product’’ after one violation to the next violation pursuant of the section for which such person is sub- ‘‘drug, device,’’; and to paragraph (2) within the time periods pro- ject to such civil penalty.’’. (B) by inserting ‘‘, and a tobacco product intended for export shall not be deemed to be vided for in such paragraph; (d) SECTION 304.—Section 304 (21 U.S.C. 334) in violation of section 906(e), 907, 911, or (F) providing that good faith reliance on is amended— 920(a),’’ before ‘‘if it—’’; and the presentation of a false government- (1) in subsection (a)(2)— (3) by adding at the end the following: issued photographic identification that con- (A) by striking ‘‘and’’ before ‘‘(D)’’; and ‘‘(p)(1) Not later than 36 months after the tains a date of birth does not constitute a (B) by striking ‘‘device.’’ and inserting the date of enactment of the Family Smoking violation of any minimum age requirement following: ‘‘device, and (E) Any adulterated Prevention and Tobacco Control Act, and an- for the sale of tobacco products if the re- or misbranded tobacco product.’’; nually thereafter, the Secretary shall submit tailer has taken effective steps to prevent (2) in subsection (d)(1), by inserting ‘‘to- to the Committee on Health, Education, such violations, including— bacco product,’’ after ‘‘device,’’; Labor, and Pensions of the Senate and the (i) adopting and enforcing a written policy (3) in subsection (g)(1), by inserting ‘‘or to- Committee on Energy and Commerce of the against sales to minors; bacco product’’ after the term ‘‘device’’ each House of Representatives, a report regard- (ii) informing its employees of all applica- place such term appears; and ing— ble laws; (4) in subsection (g)(2)(A), by inserting ‘‘or ‘‘(A) the nature, extent, and destination of (iii) establishing disciplinary sanctions for tobacco product’’ after ‘‘device’’. United States tobacco product exports that employee noncompliance; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.060 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6119 (iv) requiring its employees to verify age 1333), as amended by section 201 of this divi- Education, Labor, and Pensions of the Sen- by way of photographic identification or sion. The package label requirements of ate and the Committee on Energy and Com- electronic scanning device; and paragraph (2) of such section 903(a) for to- merce of the House of Representatives, a re- (G) providing for the Secretary, in deter- bacco products other than cigarettes shall port concerning— mining whether to impose a no-tobacco-sale take effect on the date that is 12 months (1) the progress of the Food and Drug Ad- order and in determining whether to com- after the date of enactment of this Act. The ministration in implementing this division, promise, modify, or terminate such an order, effective date shall be with respect to the including major accomplishments, objective to consider whether the retailer has taken date of manufacture, provided that, in any measurements of progress, and the identi- effective steps to prevent violations of the case, beginning 30 days after such effective fication of any areas that have not been fully minimum age requirements for the sale of date, a manufacturer shall not introduce implemented; tobacco products, including the steps listed into the domestic commerce of the United (2) impediments identified by the Food and in subparagraph (F). States any product, irrespective of the date Drug Administration to progress in imple- (2) PENALTIES FOR VIOLATIONS.— of manufacture, that is not in conformance menting this division and to meeting statu- (A) IN GENERAL.—The amount of the civil with section 903(a) (2), (3), and (4) and section tory timeframes; penalty to be applied for violations of re- 920(a) of the Federal Food, Drug, and Cos- (3) data on the number of new product ap- strictions promulgated under section 906(d), metic Act. plications received under section 910 of the as described in paragraph (1), shall be as fol- (6) ADVERTISING REQUIREMENTS.—The ad- Federal Food, Drug, and Cosmetic Act and lows: vertising requirements of section 903(a)(8) of modified risk product applications received (i) With respect to a retailer with an ap- the Federal Food, Drug, and Cosmetic Act under section 911 of such Act, and the num- proved training program, the amount of the (as amended by this division) shall take ef- ber of applications acted on under each cat- civil penalty shall not exceed— fect on the date that is 12 months after the egory; and (I) in the case of the first violation, $0.00 date of enactment of this Act. (4) data on the number of full time equiva- together with the issuance of a warning let- SEC. 104. STUDY ON RAISING THE MINIMUM AGE lents engaged in implementing this division. ter to the retailer; TO PURCHASE TOBACCO PRODUCTS. (b) GAO REPORT.—Not later than 5 years (II) in the case of a second violation within The Secretary of Health and Human Serv- after the date of enactment of this Act, the a 12-month period, $250; ices shall— Comptroller General of the United States (III) in the case of a third violation within (1) convene an expert panel to conduct a shall conduct a study of, and submit to the a 24-month period, $500; study on the public health implications of Committees described in subsection (a) a re- (IV) in the case of a fourth violation within raising the minimum age to purchase to- port concerning— a 24-month period, $2,000; bacco products; and (1) the adequacy of the authority and re- (V) in the case of a fifth violation within a (2) not later than 5 years after the date of sources provided to the Secretary of Health 36-month period, $5,000; and enactment of this Act, submit a report to and Human Services for this division to (VI) in the case of a sixth or subsequent the Congress on the results of such study. carry out its goals and purposes; and violation within a 48-month period, $10,000 as SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- (2) any recommendations for strengthening determined by the Secretary on a case-by- that authority to more effectively protect case basis. VERTISING AND PROMOTION RE- STRICTIONS. the public health with respect to the manu- (ii) With respect to a retailer that does not facture, marketing, and distribution of to- have an approved training program, the (a) ACTION PLAN.— (1) DEVELOPMENT.—Not later than 6 bacco products. amount of the civil penalty shall not ex- (c) PUBLIC AVAILABILITY.—The Secretary of ceed— months after the date of enactment of this Act, the Secretary of Health and Human Health and Human Services and the Comp- (I) in the case of the first violation, $250; troller General of the United States, respec- (II) in the case of a second violation within Services (in this section referred to as the ‘‘Secretary’’) shall develop and publish an tively, shall make the reports required under a 12-month period, $500; subsection (a) and (b) available to the public, (III) in the case of a third violation within action plan to enforce restrictions adopted pursuant to section 906 of the Federal Food, including by posting such reports on the re- a 24-month period, $1,000; spective Internet websites of the Food and (IV) in the case of a fourth violation within Drug, and Cosmetic Act, as added by section 101(b) of this division, or pursuant to section Drug Administration and the Government a 24-month period, $2,000; Accountability Office. (V) in the case of a fifth violation within a 102(a) of this division, on promotion and ad- 36-month period, $5,000; and vertising of menthol and other cigarettes to TITLE II—TOBACCO PRODUCT WARNINGS; (VI) in the case of a sixth or subsequent youth. CONSTITUENT AND SMOKE CON- violation within a 48-month period, $10,000 as (2) CONSULTATION.—The action plan re- STITUENT DISCLOSURE determined by the Secretary on a case-by- quired by paragraph (1) shall be developed in SEC. 201. CIGARETTE LABEL AND ADVERTISING case basis. consultation with public health organiza- WARNINGS. (B) TRAINING PROGRAM.—For purposes of tions and other stakeholders with dem- (a) AMENDMENT.—Section 4 of the Federal subparagraph (A), the term ‘‘approved train- onstrated expertise and experience in serving Cigarette Labeling and Advertising Act (15 ing program’’ means a training program that minority communities. U.S.C. 1333) is amended to read as follows: complies with standards developed by the (3) PRIORITY.—The action plan required by ‘‘SEC. 4. LABELING. Food and Drug Administration for such pro- paragraph (1) shall include provisions de- ‘‘(a) LABEL REQUIREMENTS.— grams. signed to ensure enforcement of the restric- ‘‘(1) IN GENERAL.—It shall be unlawful for (C) CONSIDERATION OF STATE PENALTIES.— tions described in paragraph (1) in minority any person to manufacture, package, sell, The Secretary shall coordinate with the communities. offer to sell, distribute, or import for sale or States in enforcing the provisions of this Act (b) STATE AND LOCAL ACTIVITIES.— distribution within the United States any and, for purposes of mitigating a civil pen- (1) INFORMATION ON AUTHORITY.—Not later cigarettes the package of which fails to bear, alty to be applied for a violation by a re- than 3 months after the date of enactment of in accordance with the requirements of this tailer of any restriction promulgated under this Act, the Secretary shall inform State, section, one of the following labels: section 906(d), shall consider the amount of local, and tribal governments of the author- ‘‘WARNING: Cigarettes are addictive. any penalties paid by the retailer to a State ity provided to such entities under section ‘‘WARNING: Tobacco smoke can harm for the same violation. 5(c) of the Federal Cigarette Labeling and your children. (3) GENERAL EFFECTIVE DATE.—The amend- Advertising Act, as added by section 203 of ‘‘WARNING: Cigarettes cause fatal lung ments made by paragraphs (2), (3), and (4) of this division, or preserved by such entities disease. subsection (c) shall take effect upon the under section 916 of the Federal Food, Drug, ‘‘WARNING: Cigarettes cause cancer. issuance of guidance described in paragraph and Cosmetic Act, as added by section 101(b) ‘‘WARNING: Cigarettes cause strokes and (1) of this subsection. of this division. heart disease. (4) SPECIAL EFFECTIVE DATE.—The amend- (2) COMMUNITY ASSISTANCE.—At the request ‘‘WARNING: Smoking during pregnancy ment made by subsection (c)(1) shall take ef- of communities seeking assistance to pre- can harm your baby. fect on the date of enactment of this Act. vent underage tobacco use, the Secretary ‘‘WARNING: Smoking can kill you. (5) PACKAGE LABEL REQUIREMENTS.—The shall provide such assistance, including as- ‘‘WARNING: Tobacco smoke causes fatal package label requirements of paragraphs (3) sistance with strategies to address the pre- lung disease in nonsmokers. and (4) of section 903(a) of the Federal Food, vention of underage tobacco use in commu- ‘‘WARNING: Quitting smoking now greatly Drug, and Cosmetic Act (as amended by this nities with a disproportionate use of menthol reduces serious risks to your health. division) shall take effect on the date that is cigarettes by minors. ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each 12 months after the date of enactment of this SEC. 106. STUDIES OF PROGRESS AND EFFEC- label statement required by paragraph (1) Act. The package label requirements of para- TIVENESS. shall be located in the upper portion of the graph (2) of such section 903(a) for cigarettes (a) FDA REPORT.—Not later than 3 years front and rear panels of the package, directly shall take effect on the date that is 15 after the date of enactment of this Act, and on the package underneath the cellophane or months after the issuance of the regulations not less than every 2 years thereafter, the other clear wrapping. Each label statement required by section 4(d) of the Federal Ciga- Secretary of Health and Human Services shall comprise the top 50 percent of the front rette Labeling and Advertising Act (15 U.S.C. shall submit to the Committee on Health, and rear panels of the package. The word

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.060 S03JNPT1 jbell on PROD1PC69 with SENATE S6120 CONGRESSIONAL RECORD — SENATE June 3, 2009 ‘WARNING’ shall appear in capital letters ‘‘(B) in the case of any other advertisement are clear, conspicuous, legible and appear and all text shall be in conspicuous and leg- that is not in English, the statements shall within the specified area.’’. ible 17-point type, unless the text of the label appear in the same language as that prin- (b) EFFECTIVE DATE.—The amendment statement would occupy more than 70 per- cipally used in the advertisement. made by subsection (a) shall take effect 15 cent of such area, in which case the text may ‘‘(3) MATCHBOOKS.—Notwithstanding para- months after the issuance of the regulations be in a smaller conspicuous and legible type graph (2), for matchbooks (defined as con- required by subsection (a). Such effective size, provided that at least 60 percent of such taining not more than 20 matches) custom- date shall be with respect to the date of area is occupied by required text. The text arily given away with the purchase of to- manufacture, provided that, in any case, be- shall be black on a white background, or bacco products, each label statement re- ginning 30 days after such effective date, a white on a black background, in a manner quired by subsection (a) may be printed on manufacturer shall not introduce into the that contrasts, by typography, layout, or the inside cover of the matchbook. domestic commerce of the United States any color, with all other printed material on the ‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- product, irrespective of the date of manufac- package, in an alternating fashion under the retary may, through a rulemaking under sec- ture, that is not in conformance with section plan submitted under subsection (c). tion 553 of title 5, United States Code, adjust 4 of the Federal Cigarette Labeling and Ad- ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- the format and type sizes for the label state- vertising Act (15 U.S.C. 1333), as amended by TION.—The provisions of this subsection do ments required by this section; the text, for- subsection (a). not apply to a tobacco product manufacturer mat, and type sizes of any required tar, nico- SEC. 202. AUTHORITY TO REVISE CIGARETTE or distributor of cigarettes which does not tine yield, or other constituent (including WARNING LABEL STATEMENTS. manufacture, package, or import cigarettes smoke constituent) disclosures; or the text, (a) PREEMPTION.—Section 5(a) of the Fed- for sale or distribution within the United format, and type sizes for any other disclo- eral Cigarette Labeling and Advertising Act States. sures required under the Federal Food, Drug, (15 U.S.C. 1334(a)) is amended by striking ‘‘(4) APPLICABILITY TO RETAILERS.—A re- and Cosmetic Act. The text of any such label ‘‘No’’ and inserting ‘‘Except to the extent tailer of cigarettes shall not be in violation statements or disclosures shall be required the Secretary requires additional or dif- of this subsection for packaging that— to appear only within the 20 percent area of ferent statements on any cigarette package ‘‘(A) contains a warning label; cigarette advertisements provided by para- by a regulation, by an order, by a standard, ‘‘(B) is supplied to the retailer by a license- graph (2). The Secretary shall promulgate by an authorization to market a product, or or permit-holding tobacco product manufac- regulations which provide for adjustments in by a condition of marketing a product, pur- turer, importer, or distributor; and the format and type sizes of any text re- suant to the Family Smoking Prevention ‘‘(C) is not altered by the retailer in a way quired to appear in such area to ensure that and Tobacco Control Act (and the amend- that is material to the requirements of this the total text required to appear by law will ments made by that Act), or as required subsection. fit within such area. under section 903(a)(2) or section 920(a) of the ‘‘(b) ADVERTISING REQUIREMENTS.— Federal Food, Drug, and Cosmetic Act, no’’. ‘‘(c) MARKETING REQUIREMENTS.— ‘‘(1) IN GENERAL.—It shall be unlawful for (b) CHANGE IN REQUIRED STATEMENTS.—Sec- any tobacco product manufacturer, im- ‘‘(1) RANDOM DISPLAY.—The label state- tion 4 of the Federal Cigarette Labeling and porter, distributor, or retailer of cigarettes ments specified in subsection (a)(1) shall be Advertising Act (15 U.S.C. 1333), as amended to advertise or cause to be advertised within randomly displayed in each 12-month period, by section 201, is further amended by adding the United States any cigarette unless its in as equal a number of times as is possible at the end the following: advertising bears, in accordance with the re- on each brand of the product and be ran- ‘‘(d) CHANGE IN REQUIRED STATEMENTS.— quirements of this section, one of the labels domly distributed in all areas of the United The Secretary through a rulemaking con- specified in subsection (a). States in which the product is marketed in ducted under section 553 of title 5, United ‘‘(2) TYPOGRAPHY, ETC.—Each label state- accordance with a plan submitted by the to- States Code, may adjust the format, type ment required by subsection (a) in cigarette bacco product manufacturer, importer, dis- size, color graphics, and text of any of the advertising shall comply with the standards tributor, or retailer and approved by the Sec- label requirements, or establish the format, set forth in this paragraph. For press and retary. type size, and text of any other disclosures poster advertisements, each such statement ‘‘(2) ROTATION.—The label statements spec- required under the Federal Food, Drug, and and (where applicable) any required state- ified in subsection (a)(1) shall be rotated Cosmetic Act, if the Secretary finds that ment relating to tar, nicotine, or other con- quarterly in alternating sequence in adver- such a change would promote greater public stituent (including a smoke constituent) tisements for each brand of cigarettes in ac- understanding of the risks associated with yield shall comprise at least 20 percent of the cordance with a plan submitted by the to- the use of tobacco products.’’. area of the advertisement and shall appear in bacco product manufacturer, importer, dis- SEC. 203. STATE REGULATION OF CIGARETTE AD- a conspicuous and prominent format and lo- tributor, or retailer to, and approved by, the VERTISING AND PROMOTION. cation at the top of each advertisement Secretary. Section 5 of the Federal Cigarette Labeling within the trim area. The Secretary may re- ‘‘(3) REVIEW.—The Secretary shall review and Advertising Act (15 U.S.C. 1334) is vise the required type sizes in such area in each plan submitted under paragraph (2) and amended by adding at the end the following: such manner as the Secretary determines ap- approve it if the plan— ‘‘(c) EXCEPTION.—Notwithstanding sub- propriate. The word ‘WARNING’ shall appear ‘‘(A) will provide for the equal distribution section (b), a State or locality may enact in capital letters, and each label statement and display on packaging and the rotation statutes and promulgate regulations, based shall appear in conspicuous and legible type. required in advertising under this sub- on smoking and health, that take effect after The text of the label statement shall be section; and the effective date of the Family Smoking black if the background is white and white if ‘‘(B) assures that all of the labels required Prevention and Tobacco Control Act, impos- the background is black, under the plan sub- under this section will be displayed by the ing specific bans or restrictions on the time, mitted under subsection (c). The label state- tobacco product manufacturer, importer, place, and manner, but not content, of the ments shall be enclosed by a rectangular bor- distributor, or retailer at the same time. advertising or promotion of any cigarettes.’’. der that is the same color as the letters of ‘‘(4) APPLICABILITY TO RETAILERS.—This SEC. 204. SMOKELESS TOBACCO LABELS AND AD- the statements and that is the width of the subsection and subsection (b) apply to a re- VERTISING WARNINGS. first downstroke of the capital ‘W’ of the tailer only if that retailer is responsible for (a) AMENDMENT.—Section 3 of the Com- word ‘WARNING’ in the label statements. or directs the label statements required prehensive Smokeless Tobacco Health Edu- The text of such label statements shall be in under this section except that this paragraph cation Act of 1986 (15 U.S.C. 4402) is amended a typeface pro rata to the following require- shall not relieve a retailer of liability if the to read as follows: ments: 45-point type for a whole-page retailer displays, in a location open to the ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. broadsheet newspaper advertisement; 39- public, an advertisement that does not con- ‘‘(a) GENERAL RULE.— point type for a half-page broadsheet news- tain a warning label or has been altered by ‘‘(1) It shall be unlawful for any person to paper advertisement; 39-point type for a the retailer in a way that is material to the manufacture, package, sell, offer to sell, dis- whole-page tabloid newspaper advertise- requirements of this subsection and sub- tribute, or import for sale or distribution ment; 27-point type for a half-page tabloid section (b). within the United States any smokeless to- newspaper advertisement; 31.5-point type for ‘‘(d) GRAPHIC LABEL STATEMENTS.—Not bacco product unless the product package a double page spread magazine or whole-page later than 24 months after the date of enact- bears, in accordance with the requirements magazine advertisement; 22.5-point type for ment of the Family Smoking Prevention and of this Act, one of the following labels: a 28 centimeter by 3 column advertisement; Tobacco Control Act, the Secretary shall ‘‘WARNING: This product can cause mouth and 15-point type for a 20 centimeter by 2 issue regulations that require color graphics cancer. column advertisement. The label statements depicting the negative health consequences ‘‘WARNING: This product can cause gum shall be in English, except that— of smoking to accompany the label state- disease and tooth loss. ‘‘(A) in the case of an advertisement that ments specified in subsection (a)(1). The Sec- ‘‘WARNING: This product is not a safe al- appears in a newspaper, magazine, peri- retary may adjust the type size, text and for- ternative to cigarettes. odical, or other publication that is not in mat of the label statements specified in sub- ‘‘WARNING: Smokeless tobacco is addict- English, the statements shall appear in the sections (a)(2) and (b)(2) as the Secretary de- ive. predominant language of the publication; termines appropriate so that both the graph- ‘‘(2) Each label statement required by para- and ics and the accompanying label statements graph (1) shall be—

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.061 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6121 ‘‘(A) located on the 2 principal display pan- advertisement; and 15-point type for a 20 cen- less Tobacco Health Education Act of 1986 (15 els of the package, and each label statement timeter by 2 column advertisement. U.S.C. 4402), as amended by subsection (a). shall comprise at least 30 percent of each ‘‘(G) The label statements shall be in SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- such display panel; and English, except that— BACCO PRODUCT WARNING LABEL ‘‘(B) in 17-point conspicuous and legible ‘‘(i) in the case of an advertisement that STATEMENTS. type and in black text on a white back- appears in a newspaper, magazine, peri- (a) IN GENERAL.—Section 3 of the Com- ground, or white text on a black background, odical, or other publication that is not in prehensive Smokeless Tobacco Health Edu- in a manner that contrasts by typography, English, the statements shall appear in the cation Act of 1986 (15 U.S.C. 4402), as amend- layout, or color, with all other printed mate- predominant language of the publication; ed by section 204, is further amended by add- rial on the package, in an alternating fash- and ing at the end the following: ‘‘(d) AUTHORITY TO REVISE WARNING LABEL ion under the plan submitted under sub- ‘‘(ii) in the case of any other advertisement STATEMENTS.—The Secretary may, by a rule- section (b)(3), except that if the text of a that is not in English, the statements shall making conducted under section 553 of title label statement would occupy more than 70 appear in the same language as that prin- 5, United States Code, adjust the format, percent of the area specified by subparagraph cipally used in the advertisement. type size, and text of any of the label re- (A), such text may appear in a smaller type ‘‘(3)(A) The label statements specified in quirements, require color graphics to accom- size, so long as at least 60 percent of such subsection (a)(1) shall be randomly displayed pany the text, increase the required label warning area is occupied by the label state- in each 12-month period, in as equal a num- area from 30 percent up to 50 percent of the ment. ber of times as is possible on each brand of front and rear panels of the package, or es- ‘‘(3) The label statements required by para- the product and be randomly distributed in tablish the format, type size, and text of any graph (1) shall be introduced by each tobacco all areas of the United States in which the other disclosures required under the Federal product manufacturer, packager, importer, product is marketed in accordance with a Food, Drug, and Cosmetic Act, if the Sec- distributor, or retailer of smokeless tobacco plan submitted by the tobacco product man- retary finds that such a change would pro- products concurrently into the distribution ufacturer, importer, distributor, or retailer mote greater public understanding of the chain of such products. and approved by the Secretary. risks associated with the use of smokeless ‘‘(4) The provisions of this subsection do ‘‘(B) The label statements specified in sub- tobacco products.’’. not apply to a tobacco product manufacturer section (a)(1) shall be rotated quarterly in al- (b) PREEMPTION.—Section 7(a) of the Com- or distributor of any smokeless tobacco ternating sequence in advertisements for prehensive Smokeless Tobacco Health Edu- product that does not manufacture, package, each brand of smokeless tobacco product in cation Act of 1986 (15 U.S.C. 4406(a)) is or import smokeless tobacco products for accordance with a plan submitted by the to- amended by striking ‘‘No’’ and inserting sale or distribution within the United bacco product manufacturer, importer, dis- ‘‘Except as provided in the Family Smoking States. tributor, or retailer to, and approved by, the Prevention and Tobacco Control Act (and ‘‘(5) A retailer of smokeless tobacco prod- Secretary. the amendments made by that Act), no’’. ucts shall not be in violation of this sub- ‘‘(C) The Secretary shall review each plan SEC. 206. TAR, NICOTINE, AND OTHER SMOKE section for packaging that— submitted under subparagraphs (A) and (B) CONSTITUENT DISCLOSURE TO THE ‘‘(A) contains a warning label; and approve it if the plan— PUBLIC. ‘‘(B) is supplied to the retailer by a license- ‘‘(i) will provide for the equal distribution Section 4 of the Federal Cigarette Labeling or permit-holding tobacco product manufac- and display on packaging and the rotation and Advertising Act (15 U.S.C. 1333), as turer, importer, or distributor; and required in advertising under this sub- amended by sections 201 and 202, is further ‘‘(C) is not altered by the retailer in a way section; and amended by adding at the end the following: ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- that is material to the requirements of this ‘‘(ii) assures that all of the labels required STITUENT DISCLOSURE.— subsection. under this section will be displayed by the ‘‘(1) IN GENERAL.—The Secretary shall, by a tobacco product manufacturer, importer, ‘‘(b) REQUIRED LABELS.— rulemaking conducted under section 553 of distributor, or retailer at the same time. ‘‘(1) It shall be unlawful for any tobacco title 5, United States Code, determine (in the ‘‘(D) This paragraph applies to a retailer product manufacturer, packager, importer, Secretary’s sole discretion) whether ciga- distributor, or retailer of smokeless tobacco only if that retailer is responsible for or di- rette and other tobacco product manufactur- products to advertise or cause to be adver- rects the label statements under this sec- ers shall be required to include in the area of tised within the United States any smoke- tion, unless the retailer displays, in a loca- each cigarette advertisement specified by less tobacco product unless its advertising tion open to the public, an advertisement subsection (b) of this section, or on the pack- bears, in accordance with the requirements that does not contain a warning label or has age label, or both, the tar and nicotine yields of this section, one of the labels specified in been altered by the retailer in a way that is of the advertised or packaged brand. Any subsection (a). material to the requirements of this sub- such disclosure shall be in accordance with ‘‘(2)(A) Each label statement required by section. the methodology established under such reg- subsection (a) in smokeless tobacco adver- ‘‘(4) The Secretary may, through a rule- ulations, shall conform to the type size re- tising shall comply with the standards set making under section 553 of title 5, United quirements of subsection (b) of this section, forth in this paragraph. States Code, adjust the format and type sizes and shall appear within the area specified in ‘‘(B) For press and poster advertisements, for the label statements required by this sec- subsection (b) of this section. each such statement and (where applicable) tion; the text, format, and type sizes of any ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- any required statement relating to tar, nico- required tar, nicotine yield, or other con- ferences between the requirements estab- tine, or other constituent yield shall com- stituent disclosures; or the text, format, and lished by the Secretary under paragraph (1) prise at least 20 percent of the area of the ad- type sizes for any other disclosures required and tar and nicotine yield reporting require- vertisement. under the Federal Food, Drug, and Cosmetic ments established by the Federal Trade Com- ‘‘(C) The word ‘WARNING’ shall appear in Act. The text of any such label statements mission shall be resolved by a memorandum capital letters, and each label statement or disclosures shall be required to appear of understanding between the Secretary and shall appear in conspicuous and legible type. only within the 20 percent area of advertise- the Federal Trade Commission. ‘‘(D) The text of the label statement shall ments provided by paragraph (2). The Sec- ‘‘(3) CIGARETTE AND OTHER TOBACCO PROD- be black on a white background, or white on retary shall promulgate regulations which UCT CONSTITUENTS.—In addition to the disclo- a black background, in an alternating fash- provide for adjustments in the format and sures required by paragraph (1), the Sec- ion under the plan submitted under para- type sizes of any text required to appear in retary may, under a rulemaking conducted graph (3). such area to ensure that the total text re- under section 553 of title 5, United States ‘‘(E) The label statements shall be enclosed quired to appear by law will fit within such Code, prescribe disclosure requirements re- by a rectangular border that is the same area. garding the level of any cigarette or other color as the letters of the statements and ‘‘(c) TELEVISION AND RADIO ADVERTISING.— tobacco product constituent including any that is the width of the first downstroke of It is unlawful to advertise smokeless tobacco smoke constituent. Any such disclosure may the capital ‘W’ of the word ‘WARNING’ in on any medium of electronic communica- be required if the Secretary determines that the label statements. tions subject to the jurisdiction of the Fed- disclosure would be of benefit to the public ‘‘(F) The text of such label statements eral Communications Commission.’’. health, or otherwise would increase con- shall be in a typeface pro rata to the fol- (b) EFFECTIVE DATE.—The amendment sumer awareness of the health consequences lowing requirements: 45-point type for a made by subsection (a) shall take effect 12 of the use of tobacco products, except that whole-page broadsheet newspaper advertise- months after the date of enactment of this no such prescribed disclosure shall be re- ment; 39-point type for a half-page Act. Such effective date shall be with respect quired on the face of any cigarette package broadsheet newspaper advertisement; 39- to the date of manufacture, provided that, in or advertisement. Nothing in this section point type for a whole-page tabloid news- any case, beginning 30 days after such effec- shall prohibit the Secretary from requiring paper advertisement; 27-point type for a half- tive date, a manufacturer shall not introduce such prescribed disclosure through a ciga- page tabloid newspaper advertisement; 31.5- into the domestic commerce of the United rette or other tobacco product package or point type for a double page spread magazine States any product, irrespective of the date advertisement insert, or by any other means or whole-page magazine advertisement; 22.5- of manufacture, that is not in conformance under the Federal Food, Drug, and Cosmetic point type for a 28 centimeter by 3 column with section 3 of the Comprehensive Smoke- Act.

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‘‘(4) RETAILERS.—This subsection applies to son, to have access to and copy all records (3) The terms ‘‘State’’ and ‘‘Territory’’ a retailer only if that retailer is responsible (including financial records) relating to such have the meanings given to those terms in for or directs the label statements required article that are needed to assist the Sec- section 201 of the Federal Food, Drug, and under this section.’’. retary in investigating potential illicit Cosmetic Act (21 U.S.C. 321). TITLE III—PREVENTION OF ILLICIT trade, smuggling, or counterfeiting of to- DIVISION B—FEDERAL RETIREMENT TRADE IN TOBACCO PRODUCTS bacco products. The Secretary shall not au- REFORM ACT thorize an officer or employee of the govern- SEC. 301. LABELING, RECORDKEEPING, RECORDS SEC. 100. SHORT TITLE; TABLE OF CONTENTS. INSPECTION. ment of any of the several States to exercise (a) SHORT TITLE.—This division may be Chapter IX of the Federal Food, Drug, and authority under the preceding sentence on cited as the ‘‘Federal Retirement Reform Cosmetic Act, as added by section 101, is fur- Indian country without the express written Act of 2009’’. ther amended by adding at the end the fol- consent of the Indian tribe involved. (b) TABLE OF CONTENTS.—The table of con- lowing: ‘‘(d) KNOWLEDGE OF ILLEGAL TRANS- tents for this division is as follows: ACTION.— ‘‘SEC. 920. LABELING, RECORDKEEPING, DIVISION B—FEDERAL RETIREMENT ‘‘(1) NOTIFICATION.—If the manufacturer or RECORDS INSPECTION. REFORM ACT distributor of a tobacco product has knowl- ‘‘(a) ORIGIN LABELING.— edge which reasonably supports the conclu- Sec. 100. Short title; table of contents. ‘‘(1) REQUIREMENT.—Beginning 1 year after sion that a tobacco product manufactured or TITLE I—PROVISIONS RELATING TO the date of enactment of the Family Smok- FEDERAL EMPLOYEES RETIREMENT ing Prevention and Tobacco Control Act, the distributed by such manufacturer or dis- Sec. 101. Short title. label, packaging, and shipping containers of tributor that has left the control of such per- Sec. 102. Automatic enrollments and imme- tobacco products other than cigarettes for son may be or has been— diate employing agency con- introduction or delivery for introduction ‘‘(A) imported, exported, distributed, or of- fered for sale in interstate commerce by a tributions. into interstate commerce in the United Sec. 103. Qualified Roth contribution pro- States shall bear the statement ‘sale only al- person without paying duties or taxes re- quired by law; or gram. lowed in the United States’. Beginning 15 Sec. 104. Authority to establish mutual fund months after the issuance of the regulations ‘‘(B) imported, exported, distributed, or di- verted for possible illicit marketing, window. required by section 4(d) of the Federal Ciga- Sec. 105. Reporting requirements. rette Labeling and Advertising Act (15 U.S.C. the manufacturer or distributor shall Sec. 106. Acknowledgment of risk. 1333), as amended by section 201 of Family promptly notify the Attorney General and Sec. 107. Subpoena authority. Smoking Prevention and Tobacco Control the Secretary of the Treasury of such knowl- Sec. 108. Amounts in Thrift Savings Funds Act, the label, packaging, and shipping con- edge. subject to legal proceedings. tainers of cigarettes for introduction or de- ‘‘(2) KNOWLEDGE DEFINED.—For purposes of Sec. 109. Accounts for surviving spouses. livery for introduction into interstate com- this subsection, the term ‘knowledge’ as ap- Sec. 110. Treatment of members of the uni- merce in the United States shall bear the plied to a manufacturer or distributor formed services under the statement ‘Sale only allowed in the United means— Thrift Savings Plan. States’. ‘‘(A) the actual knowledge that the manu- TITLE II—SPECIAL SURVIVOR INDEM- ‘‘(2) EFFECTIVE DATE.—The effective date facturer or distributor had; or NITY ALLOWANCE FOR SURVIVING specified in paragraph (1) shall be with re- ‘‘(B) the knowledge which a reasonable per- SPOUSES OF ARMED FORCES MEM- spect to the date of manufacture, provided son would have had under like circumstances BERS that, in any case, beginning 30 days after or which would have been obtained upon the Sec. 201. Increase in monthly amount of spe- such effective date, a manufacturer shall not exercise of due care. cial survivor indemnity allow- introduce into the domestic commerce of the ‘‘(e) CONSULTATION.—In carrying out this ance for widows and widowers United States any product, irrespective of section, the Secretary shall consult with the of deceased members of the the date of manufacture, that is not in con- Attorney General of the United States and Armed Forces affected by re- formance with such paragraph. the Secretary of the Treasury, as appro- quired Survivor Benefit Plan ‘‘(b) REGULATIONS CONCERNING RECORD- priate.’’. annuity offset for dependency KEEPING FOR TRACKING AND TRACING.— SEC. 302. STUDY AND REPORT. and indemnity compensation. ‘‘(1) IN GENERAL.—The Secretary shall pro- (a) STUDY.—The Comptroller General of TITLE I—PROVISIONS RELATING TO mulgate regulations regarding the establish- the United States shall conduct a study of FEDERAL EMPLOYEES RETIREMENT ment and maintenance of records by any per- cross-border trade in tobacco products to— SEC. 101. SHORT TITLE. son who manufactures, processes, transports, (1) collect data on cross-border trade in to- This title may be cited as the ‘‘Thrift Sav- distributes, receives, packages, holds, ex- bacco products, including illicit trade and ings Plan Enhancement Act of 2009’’. ports, or imports tobacco products. trade of counterfeit tobacco products and SEC. 102. AUTOMATIC ENROLLMENTS AND IMME- ‘‘(2) INSPECTION.—In promulgating the reg- make recommendations on the monitoring of DIATE EMPLOYING AGENCY CON- ulations described in paragraph (1), the Sec- such trade; TRIBUTIONS. retary shall consider which records are need- (2) collect data on cross-border advertising (a) IN GENERAL.—Section 8432(b) of title 5, ed for inspection to monitor the movement (any advertising intended to be broadcast, United States Code, is amended by striking of tobacco products from the point of manu- transmitted, or distributed from the United paragraphs (2) through (4) and inserting the facture through distribution to retail outlets States to another country) of tobacco prod- following: to assist in investigating potential illicit ucts and make recommendations on how to ‘‘(2)(A) The Executive Director shall by trade, smuggling, or counterfeiting of to- prevent or eliminate, and what technologies regulation provide for an eligible individual bacco products. could help facilitate the elimination of, to be automatically enrolled to make con- ‘‘(3) CODES.—The Secretary may require cross-border advertising; and tributions under subsection (a) at the default codes on the labels of tobacco products or (3) collect data on the health effects (par- percentage of basic pay. other designs or devices for the purpose of ticularly with respect to individuals under 18 ‘‘(B) For purposes of this paragraph, the tracking or tracing the tobacco product years of age) resulting from cross-border default percentage shall be equal to 3 percent through the distribution system. trade in tobacco products, including the or such other percentage, not less than 2 per- ‘‘(4) SIZE OF BUSINESS.—The Secretary shall health effects resulting from— cent nor more than 5 percent, as the Board take into account the size of a business in (A) the illicit trade of tobacco products may prescribe. promulgating regulations under this section. and the trade of counterfeit tobacco prod- ‘‘(C) The regulations shall include provi- ‘‘(5) RECORDKEEPING BY RETAILERS.—The ucts; and sions under which any individual who would Secretary shall not require any retailer to (B) the differing tax rates applicable to to- otherwise be automatically enrolled in ac- maintain records relating to individual pur- bacco products. cordance with subparagraph (A) may— chasers of tobacco products for personal con- (b) REPORT.—Not later than 18 months ‘‘(i) modify the percentage or amount to be sumption. after the date of enactment of this Act, the contributed pursuant to automatic enroll- ‘‘(c) RECORDS INSPECTION.—If the Secretary Comptroller General of the United States ment, effective not later than the first full has a reasonable belief that a tobacco prod- shall submit to the Committee on Health, pay period following receipt of the election uct is part of an illicit trade or smuggling or Education, Labor, and Pensions of the Sen- by the appropriate processing entity; or is a counterfeit product, each person who ate and the Committee on Energy and Com- ‘‘(ii) decline automatic enrollment alto- manufactures, processes, transports, distrib- merce of the House of Representatives a re- gether. utes, receives, holds, packages, exports, or port on the study described in subsection (a). ‘‘(D)(i) Except as provided in clause (ii), for imports tobacco products shall, at the re- (c) DEFINITION.—In this section: purposes of this paragraph, the term ‘eligible quest of an officer or employee duly des- (1) The term ‘‘cross-border trade’’ means individual’ means any individual who, after ignated by the Secretary, permit such officer trade across a border of the United States, a any regulations under subparagraph (A) first or employee, at reasonable times and within State or Territory, or Indian country. take effect, is appointed, transferred, or re- reasonable limits and in a reasonable man- (2) The term ‘‘Indian country’’ has the appointed to a position in which that indi- ner, upon the presentation of appropriate meaning given to such term in section 1151 of vidual becomes eligible to contribute to the credentials and a written notice to such per- title 18, United States Code. Thrift Savings Fund.

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‘‘(ii) Members of the uniformed services window are borne solely by the participants ITIES, AND PENALTIES.—Section 8477(e)(1)(C) shall not be eligible individuals for purposes who use such window. of title 5, United States Code, is amended— of this paragraph. ‘‘(C) The Board may establish such other (1) by redesignating subparagraph (C) as ‘‘(E) Sections 8351(a)(1), 8440a(a)(1), terms and conditions for the mutual fund subparagraph (C)(i); and 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and window as the Board considers appropriate (2) by adding at the end the following: 8440e(a)(1) shall be applied in a manner con- to protect the interests of participants, in- ‘‘(ii) A fiduciary shall not be liable under sistent with the purposes of this para- cluding requirements relating to risk disclo- subparagraph (A), and no civil action may be graph.’’. sure. brought against a fiduciary— (b) TECHNICAL AMENDMENT.—Section ‘‘(D) The Board shall consult with the Em- ‘‘(I) for providing for the automatic enroll- 8432(b)(1) of title 5, United States Code, is ployee Thrift Advisory Council (established ment of a participant in accordance with sec- amended by striking the parenthetical mat- under section 8473) before authorizing the ad- tion 8432(b)(2)(A); ter in subparagraph (B). dition of a mutual fund window or estab- ‘‘(II) for enrolling a participant in a default SEC. 103. QUALIFIED ROTH CONTRIBUTION PRO- lishing a service that enables participants to investment fund in accordance with section GRAM. invest in mutual funds.’’. 8438(c)(2); or (c) TECHNICAL AND CONFORMING AMEND- (a) IN GENERAL.—Subchapter III of chapter ‘‘(III) for allowing a participant to invest MENT.—Section 8438(d)(1) of title 5, United 84 of title 5, United States Code, is amended through the mutual fund window or for es- States Code, is amended by inserting ‘‘and by inserting after section 8432c the following: tablishing restrictions applicable to partici- options’’ after ‘‘investment funds’’. ‘‘§ 8432d. Qualified Roth contribution pro- pants’ ability to invest through the mutual SEC. 105. REPORTING REQUIREMENTS. gram fund window.’’. (a) ANNUAL REPORT.—The Board shall, not ‘‘(a) DEFINITIONS.—For purposes of this sec- later than June 30 of each year, submit to SEC. 107. SUBPOENA AUTHORITY. tion— Congress an annual report on the operations (a) IN GENERAL.—Chapter 84 of title 5, ‘‘(1) the term ‘qualified Roth contribution of the Thrift Savings Plan. Such report shall United States Code, is amended by inserting program’ means a program described in para- include, for the prior calendar year, informa- after section 8479 the following: graph (1) of section 402A(b) of the Internal tion on the number of participants as of the ‘‘§ 8480. Subpoena authority Revenue Code of 1986 which meets the re- last day of such prior calendar year, the me- ‘‘(a) In order to carry out the responsibil- quirements of paragraph (2) of such section; dian balance in participants’ accounts as of ities specified in this subchapter and sub- and such last day, demographic information on chapter III of this chapter, the Executive Di- ‘‘(2) the terms ‘designated Roth contribu- participants, the percentage allocation of rector may issue subpoenas commanding tion’ and ‘elective deferral’ have the mean- amounts among investment funds or options, each person to whom the subpoena is di- ings given such terms in section 402A of the the status of the development and implemen- rected to produce designated books, docu- Internal Revenue Code of 1986. tation of the mutual fund window, the diver- ments, records, electronically stored infor- ‘‘(b) AUTHORITY TO ESTABLISH.—The Execu- sity demographics of any company, invest- mation, or tangible materials in the posses- tive Director shall by regulation provide for ment adviser, or other entity retained to in- sion or control of that individual. the inclusion in the Thrift Savings Plan of a vest and manage the assets of the Thrift ‘‘(b) Notwithstanding any Federal, State, qualified Roth contribution program, under Savings Fund, and such other information as or local law, any person, including officers, such terms and conditions as the Board may the Board considers appropriate. A copy of agents, and employees, receiving a subpoena prescribe. each annual report under this subsection under this section, who complies in good ‘‘(c) REQUIRED PROVISIONS.—The regula- shall be made available to the public through faith with the subpoena and thus produces tions under subsection (b) shall include— an Internet website. the materials sought, shall not be liable in ‘‘(1) provisions under which an election to (b) REPORTING OF FEES AND OTHER INFOR- any court of any State or the United States make designated Roth contributions may be MATION.— to any individual, domestic or foreign cor- made— (1) IN GENERAL.—The Board shall include in poration or upon a partnership or other unin- ‘‘(A) by any individual who is eligible to the periodic statements provided to partici- corporated association for such production. make contributions under section 8351, pants under section 8439(c) of title 5, United ‘‘(c) When a person fails to obey a subpoena 8432(a), 8440a, 8440b, 8440c, 8440d, or 8440e; and States Code, the amount of the investment issued under this section, the district court ‘‘(B) by any individual, not described in management fees, administrative expenses, of the United States for the district in which subparagraph (A), who is otherwise eligible and any other fees or expenses paid with re- the investigation is conducted or in which to make elective deferrals under the Thrift spect to each investment fund and option the person failing to obey is found, shall on Savings Plan; under the Thrift Savings Plan. Any such proper application issue an order directing ‘‘(2) any provisions which may, as a result statement shall also provide a statement no- that person to comply with the subpoena. of enactment of this section, be necessary in tifying participants as to how they may ac- The court may punish as contempt any dis- order to clarify the meaning of any reference cess the annual report described in sub- obedience of its order. to an ‘account’ made in section 8432(f), 8433, section (a), as well as any other information ‘‘(d) The Executive Director shall prescribe 8434(d), 8435, 8437, or any other provision of concerning the Thrift Savings Plan that regulations to carry out subsection (a).’’. law; and might be useful. (b) TECHNICAL AND CONFORMING AMEND- ‘‘(3) any other provisions which may be (2) USE OF ESTIMATES.—For purposes of pro- MENT.—The table of sections for chapter 84 of necessary to carry out this section.’’. viding the information required under this title 5, United States Code, is amended by in- (b) CLERICAL AMENDMENT.—The analysis subsection, the Board may provide a reason- serting after the item relating to section 8479 for chapter 84 of title 5, United States Code, able and representative estimate of any fees the following: is amended by inserting after the item relat- or expenses described in paragraph (1) and ‘‘8480. Subpoena authority.’’. ing to section 8432c the following: shall indicate any such estimate as being ‘‘8432d. Qualified Roth contribution pro- such an estimate. Any such estimate shall be SEC. 108. AMOUNTS IN THRIFT SAVINGS FUNDS SUBJECT TO LEGAL PROCEEDINGS. gram.’’. based on the previous year’s experience. Section 8437(e)(3) of title 5, United States SEC. 104. AUTHORITY TO ESTABLISH MUTUAL (c) DEFINITIONS.—For purposes of this sec- FUND WINDOW. tion— Code, is amended in the first sentence by striking ‘‘or relating to the enforcement of a (a) IN GENERAL.—Section 8438(b)(1) of title (1) the term ‘‘Board’’ has the meaning 5, United States Code, is amended— given such term by 8401(5) of title 5, United judgment for the physically, sexually, or (1) in subparagraph (D), by striking ‘‘and’’ States Code; emotionally abusing a child as provided at the end; (2) the term ‘‘participant’’ has the meaning under section 8467(a)’’ and inserting ‘‘the en- (2) in subparagraph (E), by striking the pe- given such term by section 8471(3) of title 5, forcement of an order for restitution under riod and inserting ‘‘; and’’; and United States Code; and section 3663A of title 18, forfeiture under sec- (3) by adding after subparagraph (E) the (3) the term ‘‘account’’ means an account tion 8432(g)(5) of this title, or an obligation following: established under section 8439 of title 5, of the Executive Director to make a pay- ‘‘(F) a service that enables participants to United States Code. ment to another person under section 8467 of invest in mutual funds, if the Board author- SEC. 106. ACKNOWLEDGMENT OF RISK. this title’’. izes the mutual fund window under para- (a) IN GENERAL.—Section 8439(d) of title 5, SEC. 109. ACCOUNTS FOR SURVIVING SPOUSES. graph (5).’’. United States Code, is amended— Section 8433(e) of title 5, United States (b) REQUIREMENTS.—Section 8438(b) of title (1) by striking the matter after ‘‘who Code, is amended— 5, United States Code, is amended by adding elects to invest in’’ and before ‘‘shall sign an (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and at the end the following: acknowledgment’’ and inserting ‘‘any invest- (2) by adding at the end the following: ‘‘(5)(A) The Board may authorize the addi- ment fund or option under this chapter, ‘‘(2) Notwithstanding section 8424(d), if an tion of a mutual fund window under the other than the Government Securities In- employee, Member, former employee, or Thrift Savings Plan if the Board determines vestment Fund,’’; and former Member dies and has designated as that such addition would be in the best in- (2) by striking ‘‘either such Fund’’ and in- sole or partial beneficiary his or her spouse terests of participants. serting ‘‘any such fund or option’’. at the time of death, or, if an employee, ‘‘(B) The Board shall ensure that any ex- (b) COORDINATION WITH PROVISIONS RELAT- Member, former employee, or former Mem- penses charged for use of the mutual fund ING TO FIDUCIARY RESPONSIBILITIES, LIABIL- ber, dies with no designated beneficiary and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.061 S03JNPT1 jbell on PROD1PC69 with SENATE S6124 CONGRESSIONAL RECORD — SENATE June 3, 2009 is survived by a spouse, the spouse may intended to be proposed by her to the Sciences to implement research programs maintain the portion of the employee’s or bill H.R. 1256, to protect the public relative to lung cancer incidence. Member’s account to which the spouse is en- health by providing the Food and Drug ‘‘(2) With respect to the Food and Drug Ad- titled in accordance with the following Administration with certain authority ministration— terms: ‘‘(A) the establishment of a lung cancer ‘‘(A) Subject to the limitations of subpara- to regulate tobacco products, to amend mortality reduction drug program under sub- graph (B), the spouse shall have the same title 5, United States Code, to make chapter G of chapter V of the Federal Food, withdrawal options under subsection (b) as certain modifications in the Thrift Drug, and Cosmetic Act; and the employee or Member were the employee Savings Plan, the Civil Service Retire- ‘‘(B) compassionate access activities under or Member living. ment System, and the Federal Employ- section 561 of the Federal Food, Drug, and ‘‘(B) The spouse may not make with- ees’ Retirement System, and for other Cosmetic Act (21 U.S.C. 360bbb). drawals under subsection (g) or (h). purposes; which was ordered to lie on ‘‘(3) With respect to the Centers for Disease ‘‘(C) The spouse may not make contribu- the table; as follows: Control and Prevention, the establishment of tions or transfers to the account. a lung cancer mortality reduction program ‘‘(D) The account shall be disbursed upon At the appropriate place in division A, in- under section 1511. the death of the surviving spouse. A bene- sert the following: ‘‘(4) With respect to the Agency for ficiary or surviving spouse of a deceased TITLE ll—REDUCING LUNG CANCER Healthcare Research and Quality, the con- spouse who has inherited an account is ineli- SEC. ll1. SHORT TITLE. duct of a biannual review of lung cancer gible to maintain the inherited spousal ac- This title may be cited as the ‘‘Lung Can- screening, diagnostic and treatment proto- count. cer Mortality Reduction Act of 2009’’. cols, and the issuance of updated guidelines. ‘‘(3) The Executive Director shall prescribe SEC. ll2. SENSE OF THE SENATE CONCERNING ‘‘(5) The cooperation and coordination of regulations to carry out this subsection.’’. INVESTMENT IN LUNG CANCER RE- all minority and health disparity programs SEC. 110. TREATMENT OF MEMBERS OF THE UNI- SEARCH. within the Department of Health and Human FORMED SERVICES UNDER THE It is the sense of the Senate that— Services to ensure that all aspects of the THRIFT SAVINGS PLAN. (1) lung cancer mortality reduction should Lung Cancer Mortality Reduction Program (a) SENSE OF CONGRESS.—It is the sense of be made a national public health priority; adequately address the burden of lung cancer Congress that— and on minority and rural populations. (1) members of the uniformed services (2) a comprehensive mortality reduction ‘‘(6) The cooperation and coordination of should have a retirement system that is at program coordinated by the Secretary of all tobacco control and cessation programs least as generous as the one which is avail- Health and Human Services is justified and within agencies of the Department of Health able to Federal civilian employees; and necessary to adequately address and reduce and Human Services to achieve the goals of (2) Federal civilian employees receive lung cancer mortality. the Lung Cancer Mortality Reduction Pro- matching contributions from their employ- SEC. ll3. LUNG CANCER MORTALITY REDUC- gram with particular emphasis on the co- ing agencies for their contributions to the TION PROGRAM. ordination of drug and other cessation treat- Thrift Savings Fund, but the costs of requir- (a) IN GENERAL.—Subpart 1 of part C of ments with early detection protocols. ing such a matching contribution from the title IV of the Public Health Service Act (42 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Department of Defense could be significant. U.S.C. 285 et seq.) is amended by adding at There is authorized to be appropriated to (b) REPORTING REQUIREMENT.—Not later the end the following: carry out this section— than 180 days after the date of the enactment ‘‘(1) $25,000,000 for fiscal year 2010 for the of this Act, the Secretary of Defense shall re- ‘‘SEC. 417G. LUNG CANCER MORTALITY REDUC- TION PROGRAM. activities described in subsection (b)(1)(B), port to Congress on— ‘‘(a) IN GENERAL.—Not later than 6 months and such sums as may be necessary for each (1) the cost to the Department of Defense of fiscal years 2011 through 2014; of providing a matching payment with re- after the date of enactment of the Lung Can- cer Mortality Reduction Act of 2009, the Sec- ‘‘(2) $25,000,000 for fiscal year 2010 for the spect to contributions made to the Thrift activities described in subsection (b)(1)(C), Savings Fund by members of the Armed retary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and such sums as may be necessary for each Forces; of fiscal years 2011 through 2014; (2) the effect that requiring such a match- the Director of the National Institutes of Health, the Director of the Centers for Dis- ‘‘(3) $10,000,000 for fiscal year 2010 for the ing payment would have on recruitment and activities described in subsection (b)(1)(D), retention; and ease Control and Prevention, the Commis- sioner of the Food and Drug Administration, and such sums as may be necessary for each (3) any other information that the Sec- of fiscal years 2011 through 2014; and retary of Defense considers appropriate. the Administrator of the Centers for Medi- care & Medicaid Services, the Director of the ‘‘(4) $15,000,000 for fiscal year 2010 for the TITLE II—SPECIAL SURVIVOR INDEMNITY National Center on Minority Health and activities described in subsection (b)(3), and ALLOWANCE FOR SURVIVING SPOUSES Health Disparities, and other members of the such sums as may be necessary for each of OF ARMED FORCES MEMBERS Lung Cancer Advisory Board established fiscal years 2011 through 2014.’’. SEC. 201. INCREASE IN MONTHLY AMOUNT OF under section ll6 of the Lung Cancer Mor- (b) FOOD, DRUG, AND COSMETIC ACT.—Chap- SPECIAL SURVIVOR INDEMNITY AL- tality Reduction Act of 2009, shall implement ter V of the Federal Food, Drug, and Cos- LOWANCE FOR WIDOWS AND WID- a comprehensive program to achieve a 50 per- metic Act (21 U.S.C. 351 et seq.) is amended OWERS OF DECEASED MEMBERS OF by adding at the end the following: THE ARMED FORCES AFFECTED BY cent reduction in the mortality rate of lung REQUIRED SURVIVOR BENEFIT cancer by 2016. ‘‘Subchapter G—Lung Cancer Mortality PLAN ANNUITY OFFSET FOR DE- ‘‘(b) REQUIREMENTS.—The program imple- Reduction Programs PENDENCY AND INDEMNITY COM- mented under subsection (a) shall include at ‘‘SEC. 581. LUNG CANCER MORTALITY REDUC- PENSATION. least the following: TION PROGRAM. (a) PAYMENT AMOUNT PER FISCAL YEAR.— ‘‘(1) With respect to the National Insti- ‘‘(a) IN GENERAL.—The Secretary shall im- Paragraph (2) of section 1450(m) of title 10, tutes of Health— plement a program to provide incentives of United States Code, is amended— ‘‘(A) a strategic review and prioritization the type provided for in subchapter B of this (1) in subparagraph (E), by striking ‘‘and’’ by the National Cancer Institute of research chapter for the development of after the semicolon; and grants to achieve the goal of the program in chemoprevention drugs for precancerous con- (2) by striking subparagraph (F) and insert- reducing lung cancer mortality; ditions of the lung, drugs for targeted thera- ing the following new subparagraphs: ‘‘(B) the provision of funds to enable the peutic treatments and vaccines for lung can- ‘‘(F) for months during fiscal year 2014, Airway Biology and Disease Branch of the cer, and new agents to curtail or prevent nic- $150; National Heart, Lung, and Blood Institute to otine addiction. The Secretary shall model ‘‘(G) for months during fiscal year 2015, expand its research programs to include pre- the program implemented under this section $200; dispositions to lung cancer, the inter- on the program provided for under sub- ‘‘(H) for months during fiscal year 2016, relationship between lung cancer and other chapter B of this chapter with respect to cer- $275; and pulmonary and cardiac disease, and the diag- tain drugs. ‘‘(I) for months during fiscal year 2017, nosis and treatment of these interrelation- ‘‘(b) APPLICATION OF PROVISIONS.—The Sec- $310.’’. ships; retary shall apply the provisions of sub- (b) DURATION.—Paragraph (6) of such sec- ‘‘(C) the provision of funds to enable the chapter B of this chapter to drugs, biological tion is amended— National Institute of Biomedical Imaging products, and devices for the prevention or (1) by striking ‘‘February 28, 2016’’ and in- and Bioengineering to expand its Quantum treatment of lung cancer, including drugs, serting ‘‘September 30, 2017’’; and Grant Program and Image-Guided Interven- biological products, and devices for (2) by striking ‘‘March 1, 2016’’ both places tions programs to expedite the development chemoprevention of precancerous conditions it appears and inserting ‘‘October 1, 2017’’. of computer assisted diagnostic, surgical, of the lungs, vaccination against the devel- treatment, and drug testing innovations to opment of lung cancer, and therapeutic SA 1248. Mrs. FEINSTEIN (for her- reduce lung cancer mortality; and treatment for lung cancer. self, Mr. BROWNBACK, and Ms. ‘‘(D) the provision of funds to enable the ‘‘(c) BOARD.—The Board established under STABENOW) submitted an amendment National Institute of Environmental Health section ll6 of the Lung Cancer Mortality

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.061 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6125 Reduction Act of 2009 shall monitor the pro- appropriated such sums as may be necessary to make certain modifications in the gram implemented under this section.’’. for each of fiscal years 2010 through 2014. Thrift Savings Plan, the Civil Service (c) ACCESS TO UNAPPROVED THERAPIES.— Retirement System, and the Federal Section 561(e) of the Federal Food, Drug, and SA 1249. Mrs. HAGAN submitted an Employees’ Retirement System, and Cosmetic Act (21 U.S.C. 360bbb(e)) is amend- amendment intended to be proposed by ed by inserting before the period the fol- for other purposes; which was ordered her to the bill H.R. 1256, to protect the to lie on the table; as follows: lowing: ‘‘and shall include providing compas- public health by providing the Food In section 907(a)(4) of the Federal Food, sionate access to drugs, biological products, and Drug Administration with certain and devices under the program under section Drug, and Cosmetic Act (as added by section 581, with substantial consideration being authority to regulate tobacco products, 101(b)), strike clause (ii) of subparagraph (B) given to whether the totality of information to amend title 5, United States Code, and all that follows through clause (v) of available to the Secretary regarding the to make certain modifications in the such subparagraph, and insert the following: safety and effectiveness of an investigational Thrift Savings Plan, the Civil Service ‘‘(ii) provisions for the testing in a labora- drug, as compared to the risk of morbidity Retirement System, and the Federal tory located in the United States (on a sam- and death from the disease, indicates that a Employees’ Retirement System, and ple basis or, if necessary, on an individual patient may obtain more benefit than risk if for other purposes; which was ordered basis) of the tobacco product; ‘‘(iii) provisions for the measurement of treated with the drug, biological product, or to lie on the table; as follows: device.’’. the tobacco product characteristics of the (d) CDC.—Title XV of the Public Health In section 907(a) of the Federal Food, Drug, tobacco product; Service Act (42 U.S.C. 300k et seq.) is amend- and Cosmetic Act (as added by section 101), ‘‘(iv) provisions requiring that the results ed by adding at the end the following: insert after paragraph (4) the following: of each or of certain of the tests of the to- ‘‘SEC. 1511. LUNG CANCER MORTALITY REDUC- ‘‘(5) TECHNOLOGICAL FEASABILITY.—A to- bacco product required to be made under TION PROGRAM. bacco product standard adopted under this clause (ii) show that the tobacco product is ‘‘(a) IN GENERAL.—The Secretary shall es- section shall be based on a finding by the in conformity with the portions of the stand- tablish and implement an early disease re- Secretary that technology is available to ard for which the test or tests were required; search and management program targeted at achieve the reductions required by such and the high incidence and mortality rates standard.’’. ‘‘(v) a provision requiring that the sale and among minority and low-income popu- distribution of the tobacco product be re- lations. SA 1250. Mrs. HAGAN submitted an stricted but only to the extent that the sale ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— amendment intended to be proposed by and distribution of a tobacco product may be There is authorized to be appropriated, such her to the bill H.R. 1256, to protect the restricted under a regulation under section sums as may be necessary to carry out this public health by providing the Food 906(d); section.’’. and Drug Administration with certain ‘‘(C) shall require all tobacco product test- SEC. ll4. DEPARTMENT OF DEFENSE AND THE authority to regulate tobacco products, ing on domestic and foreign manufacturers’ products to be performed in a laboratory lo- DEPARTMENT OF VETERANS AF- to amend title 5, United States Code, FAIRS. cated in the United States to ensure compli- The Secretary of Defense and the Sec- to make certain modifications in the ance with Federal law; retary of Veterans Affairs shall coordinate Thrift Savings Plan, the Civil Service with the Secretary of Health and Human Retirement System, and the Federal SA 1253. Mrs. HAGAN submitted an Services— Employees’ Retirement System, and amendment intended to be proposed by (1) in the development of the Lung Cancer for other purposes; which was ordered her to the bill H.R. 1256, to protect the Mortality Reduction Program under section to lie on the table; as follows: public health by providing the Food 417E of part C of title IV of the Public Health In section 102(a)(2)(D), insert ‘‘and other and Drug Administration with certain Service Act, as amended by section ll4; components and accessories necessary for authority to regulate tobacco products, (2) in the implementation within the De- the assembly of roll-your-own cigarettes’’ partment of Defense and the Department of to amend title 5, United States Code, after ‘‘paper’’. Veterans Affairs of an early detection and to make certain modifications in the disease management research program for Thrift Savings Plan, the Civil Service military personnel and veterans whose SA 1251. Mrs. HAGAN submitted an Retirement System, and the Federal smoking history and exposure to carcinogens amendment intended to be proposed by Employees’ Retirement System, and during active duty service has increased her to the bill H.R. 1256, to protect the for other purposes; which was ordered their risk for lung cancer; and public health by providing the Food to lie on the table; as follows: (3) in the implementation of coordinated and Drug Administration with certain In section 901(c)(2)(C) of the Federal Food, care programs for military personnel and authority to regulate tobacco products, veterans diagnosed with lung cancer. Drug, and Cosmetic Act (as added by section to amend title 5, United States Code, 101), strike ‘‘, other than activities by a man- SEC. ll5. LUNG CANCER ADVISORY BOARD. to make certain modifications in the ufacturer affecting production’’. (a) IN GENERAL.—The Secretary of Health Thrift Savings Plan, the Civil Service and Human Services shall establish a Lung SA 1254. Mrs. HAGAN submitted an Cancer Advisory Board (referred to in this Retirement System, and the Federal Employees’ Retirement System, and amendment intended to be proposed by section as the ‘‘Board’’) to monitor the pro- her to the bill H.R. 1256, to protect the grams established under this title (and the for other purposes; which was ordered amendments made by this title), and provide to lie on the table; as follows: public health by providing the Food and Drug Administration with certain annual reports to Congress concerning In section 900 of the Federal Food, Drug, benchmarks, expenditures, lung cancer sta- and Cosmetic Act (as added by section 101) authority to regulate tobacco products, tistics, and the public health impact of such strike paragraph (16) and insert the fol- to amend title 5, United States Code, programs. lowing: to make certain modifications in the (b) COMPOSITION.—The Board shall be com- ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- Thrift Savings Plan, the Civil Service posed of— TURER.—The term ‘small tobacco product Retirement System, and the Federal (1) the Secretary of Health and Human manufacturer’ includes any farmer owned to- Employees’ Retirement System, and Services; bacco cooperative or a tobacco product man- (2) the Secretary of Defense; for other purposes; which was ordered ufacturer other than a cooperative that em- to lie on the table; as follows: (3) the Secretary of Veterans Affairs; and ploys fewer than 350 employees. For purposes (4) two representatives each from the fields of determining the number of employees of a At the end of section 907 of the Federal of— manufacturer under the preceding sentence, Food, Drug, and Cosmetic Act (as added by (A) clinical medicine focused on lung can- the employees of a manufacturer are deemed section 101) add the following: cer; to include the employees of each entity that ‘‘(f) TECHNOLOGY REQUIRED TO MEET STAND- (B) lung cancer research; controls, is controlled by, or is under com- ARD.—It shall not be an act of infringement (C) imaging; mon control with such manufacture.’’. under section 271 of title 35, United States (D) drug development; and Code, for a tobacco product manufacturer to (E) lung cancer advocacy, SA 1252. Mrs. HAGAN submitted an make use of a patented technology if such technology is used for the purpose of meet- to be appointed by the Secretary of Health amendment intended to be proposed by and Human Services. ing any standard established under this sec- her to the bill H.R. 1256, to protect the SEC. ll6. AUTHORIZATION OF APPROPRIA- tion.’’. TIONS. public health by providing the Food For the purpose of carrying out the pro- and Drug Administration with certain SA 1255. Ms. STABENOW (for herself, grams under this title (and the amendments authority to regulate tobacco products, Mr. BROWNBACK, Ms. MIKULSKI, Mr. made by this title), there is authorized to be to amend title 5, United States Code, VOINOVICH, Mrs. SHAHEEN, Mr. BOND,

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.050 S03JNPT1 jbell on PROD1PC69 with SENATE S6126 CONGRESSIONAL RECORD — SENATE June 3, 2009 Mr. BURRIS, Mr. DURBIN, Mr. LEVIN, (i) the eligible trade-in vehicle is a cat- (A) IN GENERAL.—For each eligible trade-in and Mr. BROWN) submitted an amend- egory 2 truck and the combined fuel econ- vehicle surrendered to a dealer under the ment intended to be proposed by her to omy value of the new fuel efficient auto- Program, the dealer shall certify to the Sec- the bill H.R. 1256, to protect the public mobile is at least 1 mile per gallon higher retary, in such manner as the Secretary shall prescribe by rule, that the dealer— health by providing the Food and Drug than the combined fuel economy value of the eligible trade-in vehicle; or (i) has not and will not sell, lease, ex- Administration with certain authority (ii) the eligible trade-in vehicle is a cat- change, or otherwise dispose of the vehicle to regulate tobacco products, to amend egory 3 truck of model year 2001 or earlier; for use as an automobile in the United title 5, United States Code, to make or States or in any other country; and certain modifications in the Thrift (D) the new fuel efficient automobile is a (ii) will transfer the vehicle (including the Savings Plan, the Civil Service Retire- category 3 truck and the eligible trade-in ve- engine block), in such manner as the Sec- ment System, and the Federal Employ- hicle is a category 3 truck of model year of retary prescribes, to an entity that will en- ees’ Retirement System, and for other 2001 or earlier and is of similar size or larger sure that the vehicle— purposes; which was ordered to lie on than the new fuel efficient automobile as de- (I) will be crushed or shredded within such period and in such manner as the Secretary the table; as follows: termined in a manner prescribed by the Sec- retary. prescribes; and At the appropriate place, insert the fol- (2) $4,500 VALUE.—The voucher may be used (II) has not been, and will not be, sold, lowing: to offset the purchase price or lease price of leased, exchanged, or otherwise disposed of DIVISION ll—DRIVE AMERICA FORWARD the new fuel efficient automobile by $4,500 for use as an automobile in the United PROGRAM if— States or in any other country. SEC. l01. SHORT TITLE. (A) the new fuel efficient automobile is a (B) SAVINGS PROVISION.—Nothing in sub- This division may be cited as the ‘‘Drive passenger automobile and the combined fuel paragraph (A) may be construed to preclude America Forward Act of 2009’’. economy value of such automobile is at least a person who dismantles or disposes of the SEC. l02. DRIVE AMERICA FORWARD PROGRAM. 10 miles per gallon higher than the combined vehicle from— (a) ESTABLISHMENT.—There is established fuel economy value of the eligible trade-in (i) selling any parts of the disposed vehicle in the National Highway Traffic Safety Ad- vehicle; other than the engine block and drive train ministration a voluntary program to be (B) the new fuel efficient automobile is a (unless the transmission, drive shaft, or rear known as the ‘‘Drive America Forward Pro- category 1 truck and the combined fuel econ- end are sold as separate parts); or gram’’ through which the Secretary, in ac- omy value of such truck is at least 5 miles (ii) retaining the proceeds from such sale. cordance with this section and the regula- per gallon higher than the combined fuel (C) COORDINATION.—The Secretary shall co- tions promulgated under subsection (d), economy value of the eligible trade-in vehi- ordinate with the Attorney General to en- shall— cle; or sure that the National Motor Vehicle Title (1) authorize the issuance of an electronic (C) the new fuel efficient automobile is a Information System and other publicly ac- voucher, subject to the specifications set category 2 truck that has a combined fuel cessible systems are appropriately updated forth in subsection (c), to offset the purchase economy value of at least 15 miles per gallon on a timely basis to reflect the crushing or shredding of vehicles under this section and price or lease price for a qualifying lease of and the combined fuel economy value of such appropriate reclassification of the vehicles’ a new fuel efficient automobile upon the sur- truck is at least 2 miles per gallon higher titles. The commercial market shall also render of an eligible trade-in vehicle to a than the combined fuel economy value of the have electronic and commercial access to dealer participating in the Program; eligible trade-in vehicle and the eligible the vehicle identification numbers of vehi- (2) certify dealers for participation in the trade-in vehicle is a category 2 truck. Program and require all participating deal- cles that have been disposed of on a timely ers— (c) PROGRAM SPECIFICATIONS.— basis. (A) to accept vouchers as provided in this (1) LIMITATIONS.— (d) REGULATIONS.—Notwithstanding the re- section as partial payment or down payment (A) GENERAL PERIOD OF ELIGIBILITY.—A quirements of section 553 of title 5, United for the purchase or qualifying lease of any voucher issued under the Program shall be States Code, the Secretary shall promulgate new fuel efficient automobile offered for sale used only for the purchase or qualifying final regulations to implement the Program or lease by that dealer; and lease of new fuel efficient automobiles that not later than 30 days after the date of the (B) in accordance with subsection (c)(2), to occur between— enactment of this Act. Such regulations transfer each eligible trade-in vehicle sur- (i) the date of the enactment of this Act; shall— rendered to the dealer under the Program to and (1) provide for a means of certifying deal- an entity for disposal; (ii) the day that is 1 year after the date on ers for participation in the Program; (3) in consultation with the Secretary of which the regulations promulgated under (2) establish procedures for the reimburse- the Treasury, make electronic payments to subsection (d) are implemented. ment of dealers participating in the Program dealers for vouchers accepted by such deal- (B) NUMBER OF VOUCHERS PER PERSON AND to be made through electronic transfer of ers, in accordance with the regulations PER TRADE-IN VEHICLE.—Not more than 1 funds for both the amount of the vouchers issued under subsection (d); and voucher may be issued for a single person and any reasonable administrative costs in- (4) in consultation with the Secretary of and not more than 1 voucher may be issued curred by the dealer as soon as practicable the Treasury and the Inspector General of for the joint registered owners of a single eli- but no longer than 10 days after the submis- the Department of Transportation, establish gible trade-in vehicle. sion of a voucher for the new fuel efficient and provide for the enforcement of measures (C) NO COMBINATION OF VOUCHERS.—Only 1 automobile to the Secretary; to prevent and penalize fraud under the Pro- voucher issued under the Program may be (3) require the dealer to use the voucher in gram. applied toward the purchase or qualifying addition to any other rebate or discount ad- (b) QUALIFICATIONS FOR AND VALUE OF lease of a single new fuel efficient auto- vertised by the dealer or offered by the man- VOUCHERS.—A voucher issued under the Pro- mobile. ufacturer for the new fuel efficient auto- gram shall have a value that may be applied (D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.— mobile and prohibit the dealer from using to offset the purchase price or lease price for Not more than 7.5 percent of the total funds the voucher to offset any such other rebate a qualifying lease of a new fuel efficient made available for the Program shall be used or discount; automobile as follows: for vouchers for the purchase or qualifying (4) require dealers to disclose to the person (1) $3,500 VALUE.—The voucher may be used lease of category 3 trucks. trading in an eligible trade-in vehicle the to offset the purchase price or lease price of (E) COMBINATION WITH OTHER INCENTIVES best estimate of the scrappage value of such the new fuel efficient automobile by $3,500 PERMITTED.—The availability or use of a Fed- vehicle and to permit the dealer to retain $50 if— eral, State, or local incentive or a State- of any amounts paid to the dealer for (A) the new fuel efficient automobile is a issued voucher for the purchase or lease of a scrappage of the automobile as payment for passenger automobile and the combined fuel new fuel efficient automobile shall not limit any administrative costs to the dealer asso- economy value of such automobile is at least the value or issuance of a voucher under the ciated with participation in the Program; 4 miles per gallon higher than the combined Program to any person otherwise eligible to (5) consistent with subsection (c)(2), estab- fuel economy value of the eligible trade-in receive such a voucher. lish requirements and procedures for the dis- vehicle; (F) NO ADDITIONAL FEES.—A dealer partici- posal of eligible trade-in vehicles and provide (B) the new fuel efficient automobile is a pating in the program may not charge a per- such information as may be necessary to en- category 1 truck and the combined fuel econ- son purchasing or leasing a new fuel efficient tities engaged in such disposal to ensure that omy value of such truck is at least 2 miles automobile any additional fees associated such vehicles are disposed of in accordance per gallon higher than the combined fuel with the use of a voucher under the Program. with such requirements and procedures, in- economy value of the eligible trade-in vehi- (G) NUMBER AND AMOUNT.—The total num- cluding— cle; ber and value of vouchers issued under the (A) requirements for the removal and ap- (C) the new fuel efficient automobile is a Program may not exceed the amounts appro- propriate disposition of refrigerants, anti- category 2 truck that has a combined fuel priated for such purpose. freeze, lead products, mercury switches, and economy value of at least 15 miles per gallon (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- such other toxic or hazardous vehicle compo- and— CLES.— nents prior to the crushing or shredding of

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.062 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6127 an eligible trade-in vehicle, in accordance total annual oil savings, and total annual not less than 1 year immediately prior to with rules established by the Secretary in greenhouse gas reductions, as a result of the such trade-in; consultation with the Administrator of the Program; and (C) was manufactured less than 25 years be- Environmental Protection Agency, and in (C) an estimate of the overall economic fore the date of the trade-in; and accordance with other applicable Federal or and employment effects of the Program. (D) in the case of an automobile, has a State requirements; (h) EXCLUSION OF VOUCHERS FROM IN- combined fuel economy value of 18 miles per (B) a mechanism for dealers to certify to COME.— gallon or less; the Secretary that each eligible trade-in ve- (1) FOR PURPOSES OF ALL FEDERAL AND (8) the term ‘‘new fuel efficient auto- hicle will be transferred to an entity that STATE PROGRAMS.—A voucher issued under mobile’’ means an automobile described in will ensure that the vehicle is disposed of, in the Program shall not be regarded as income paragraph (1), (2), (3), or (4)— accordance with such requirements and pro- and shall not be regarded as a resource for (A) the equitable or legal title of which has cedures, and to submit the vehicle identifica- the month of receipt of the voucher and the not been transferred to any person other tion numbers of the vehicles disposed of and following 12 months, for purposes of deter- than the ultimate purchaser; the new fuel efficient automobile purchased mining the eligibility of the recipient of the (B) that carries a manufacturer’s suggested with each voucher; and voucher (or the recipient’s spouse or other retail price of $45,000 or less; (C) a list of entities to which dealers may family or household members) for benefits or (C) that— transfer eligible trade-in vehicles for dis- assistance, or the amount or extent of bene- (i) in the case of passenger automobiles, posal; and fits or assistance, under any Federal or State category 1 trucks, or category 2 trucks, is (6) provide for the enforcement of the pen- program. certified to applicable standards under sec- alties described in subsection (e). (2) FOR PURPOSES OF TAXATION.—A voucher tion 86.1811–04 of title 40, Code of Federal (e) ANTI-FRAUD PROVISIONS.— issued under the Program shall not be con- Regulations; or (1) VIOLATION.—It shall be unlawful for any sidered as gross income for purposes of the (ii) in the case of category 3 trucks, is cer- person to violate any provision under this Internal Revenue Code of 1986. tified to the applicable vehicle or engine section or any regulations issued pursuant to (i) DEFINITIONS.—As used in this section— standards under section 86.1816–08, 86.007–11, subsection (d) (other than by making a cler- (1) the term ‘‘passenger automobile’’ or 86.008–10 of title 40, Code of Federal Regu- ical error). means a passenger automobile, as defined in lations; and (2) PENALTIES.—Any person who commits a section 32901(a)(18) of title 49, United States (D) that has the combined fuel economy violation described in paragraph (1) shall be Code, that has a combined fuel economy value of at least— liable to the United States Government for a value of at least 22 miles per gallon; (i) 22 miles per gallon for a passenger auto- civil penalty of not more than $15,000 for (2) the term ‘‘category 1 truck’’ means a mobile; each violation. In determining the amount of nonpassenger automobile, as defined in sec- (ii) 18 miles per gallon for a category 1 the civil penalty, the severity of the viola- tion 32901(a)(17) of title 49, United States truck; or tion and the intent and history of the person Code, that has a combined fuel economy (iii) 15 miles per gallon for a category 2 committing the violation shall be taken into value of at least 18 miles per gallon, except truck; account. that such term does not include a category 2 (9) the term ‘‘Program’’ means the Drive (f) INFORMATION TO CONSUMERS AND DEAL- truck; America Forward Program established by ERS.—Not later than 30 days after the date of (3) the term ‘‘category 2 truck’’ means a this section; the enactment of this Act, and promptly large van or a large pickup, as categorized by (10) the term ‘‘qualifying lease’’ means a upon the update of any relevant information, the Secretary using the method used by the lease of an automobile for a period of not the Secretary, in consultation with the Ad- Environmental Protection Agency and de- less than 5 years; ministrator of the Environmental Protection scribed in the report entitled ‘‘Light-Duty (11) the term ‘‘scrappage value’’ means the Agency, shall make available on an Internet Automotive Technology and Fuel Economy amount received by the dealer for a vehicle website and through other means determined Trends: 1975 through 2008’’; upon transferring title of such vehicle to the by the Secretary information about the Pro- (4) the term ‘‘category 3 truck’’ means a person responsible for ensuring the disman- gram, including— work truck, as defined in section 32901(a)(19) tling and destroying the vehicle; (1) how to determine if a vehicle is an eligi- of title 49, United States Code; (12) the term ‘‘Secretary’’ means the Sec- ble trade-in vehicle; (5) the term ‘‘combined fuel economy retary of Transportation acting through the (2) how to participate in the Program, in- value’’ means— National Highway Traffic Safety Adminis- cluding how to determine participating deal- (A) with respect to a new fuel efficient tration; ers; and automobile, the number, expressed in miles (13) the term ‘‘ultimate purchaser’’ means, (3) a comprehensive list, by make and per gallon, centered below the words ‘‘Com- with respect to any new automobile, the first model, of new fuel efficient automobiles bined Fuel Economy’’ on the label required person who in good faith purchases such meeting the requirements of the Program. to be affixed or caused to be affixed on a new automobile for purposes other than resale; Once such information is available, the Sec- automobile pursuant to subpart D of part 600 and retary shall conduct a public awareness cam- of title 40, Code of Federal Regulations; (14) the term ‘‘vehicle identification num- paign to inform consumers about the Pro- (B) with respect to an eligible trade-in ve- ber’’ means the 17-character number used by gram and where to obtain additional infor- hicle, the equivalent of the number described the automobile industry to identify indi- mation. in subparagraph (A), and posted under the vidual automobiles. (g) RECORDKEEPING AND REPORT.— words ‘‘Estimated New EPA MPG’’ and SEC. l03. REALLOCATION OF APPROPRIATIONS. (1) DATABASE.—The Secretary shall main- above the word ‘‘Combined’’ for vehicles of The Director of the Office of Management tain a database of the vehicle identification model year 1984 through 2007, or posted under and Budget may reallocate not more than numbers of all new fuel efficient vehicles the words ‘‘New EPA MPG’’ and above the $4,000,000,000 from the amounts appropriated purchased or leased and all eligible trade-in word ‘‘Combined’’ for vehicles of model year under the American Recovery and Reinvest- vehicles disposed of under the Program. 2008 or later on the fueleconomy.gov website ment Act of 2009 (Public Law 111–5) to carry (2) REPORT ON EFFICACY OF THE PROGRAM.— of the Environmental Protection Agency for out the Drive America Forward Program es- Not later than 60 days after the termination the make, model, and year of such vehicle; or tablished under this division if the Director date described in subsection (c)(1)(A)(ii), the (C) with respect to an eligible trade-in ve- notifies the Committee on Appropriations of Secretary shall submit a report to the Com- hicle manufactured between model years 1978 the Senate and the Committee on Appropria- mittee on Energy and Commerce of the through 1984, the equivalent of the number tions of the House of Representatives not House of Representatives and the Committee described in subparagraph (A) as determined less than 15 days before reallocating any on Commerce, Science, and Transportation by the Secretary (and posted on the website such amounts. of the Senate describing the efficacy of the of the National Highway Traffic Safety Ad- SEC. l04. EMERGENCY DESIGNATION. Program, including— ministration) using data maintained by the For purposes of House and Senate enforce- (A) a description of Program results, in- Environmental Protection Agency for the ment, this division is designated as an emer- cluding— make, model, and year of such vehicle; gency requirement and necessary to meet (i) the total number and amount of vouch- (6) the term ‘‘dealer’’ means a person li- emergency needs pursuant to— ers issued for purchase or lease of new fuel censed by a State who engages in the sale of (1) clause 10 of rule XXI of the Rules of the efficient automobiles by manufacturer (in- new automobiles to ultimate purchasers; House of Representatives for the 111th Con- cluding aggregate information concerning (7) the term ‘‘eligible trade-in vehicle’’ gress for purposes of pay-as-you-go prin- the make, model, model year) and category means an automobile or a work truck (as ciples; and of automobile; such terms are defined in section 32901(a) of (2) section 403 of S. Con. Res. 13 (111th Con- (ii) aggregate information regarding the title 49, United States Code) that, at the gress), the concurrent resolution on the make, model, model year, and manufac- time it is presented for trade-in under this budget for fiscal year 2010. turing location of vehicles traded in under section— the Program; and (A) is in drivable condition; SA 1256. Mr. SCHUMER (for Mr. (iii) the location of sale or lease; (B) has been continuously insured con- LIEBERMAN (for himself, Ms. COLLINS, (B) an estimate of the overall increase in sistent with the applicable State law and Mr. AKAKA, and Mr. VOINOVICH)) pro- fuel efficiency in terms of miles per gallon, registered to the same owner for a period of posed an amendment to amendment

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.062 S03JNPT1 jbell on PROD1PC69 with SENATE S6128 CONGRESSIONAL RECORD — SENATE June 3, 2009 1247 proposed by Mr. DODD to the bill ‘‘(ii) shall not apply with respect to that (D) Sections 8336(d), 8336(h), 8336(p), and H.R. 1256, to protect the public health portion of any annuity which is attributable 8414 (relating to early retirement). by providing the Food and Drug Ad- to service performed before April 7, 1986.’’. (E) Section 8341 and subchapter IV of chap- (b) APPLICABILITY.—The amendment made ter 84 (relating to survivor annuities). ministration with certain authority to by subsection (a) shall be effective with re- (F) Section 8337 and subchapter V of chap- regulate tobacco products, to amend spect to any annuity, entitlement to which ter 84 (relating to disability benefits). title 5, United States Code, to make is based on a separation from service occur- (2) TREATMENT OF DETENTION OFFICER SERV- certain modifications in the Thrift ring on or after the date of enactment of this ICE AS LAW ENFORCEMENT OFFICER SERVICE.— Savings Plan, the Civil Service Retire- Act. Any portion of an individual’s qualifying ment System, and the Federal Employ- SEC. 114. AUTHORITY TO DEPOSIT REFUNDS District of Columbia service which consisted ees’ Retirement System, and for other UNDER FERS. of service as a detention officer under sec- purposes; which was ordered to lie on (a) DEPOSIT AUTHORITY.—Section 8422 of tion 2604(2) of the District of Columbia Gov- ernment Comprehensive Merit Personnel Act the table; as follows: title 5, United States Code, is amended by adding at the end the following: of 1978 (sec. 1–626.04(2), D.C. Official Code) At the end of title I of division B, add the ‘‘(i)(1) Each employee or Member who has shall be treated as service as a law enforce- following: received a refund of retirement deductions ment officer under sections 8331(20) or Subtitle B—Other Retirement-Related under this or any other retirement system 8401(17) of title 5, United States Code, for Provisions established for employees of the Government purposes of applying paragraph (1) with re- spect to the individual. SEC. 111. CREDIT FOR UNUSED SICK LEAVE. covering service for which such employee or Member may be allowed credit under this (3) SERVICE NOT INCLUDED IN COMPUTING (a) IN GENERAL.—Section 8415 of title 5, chapter may deposit the amount received, AMOUNT OF ANY ANNUITY.—Qualifying Dis- United States Code, is amended— with interest. Credit may not be allowed for trict of Columbia service shall not be taken (1) by redesignating the second subsection the service covered by the refund until the into account for purposes of computing the (k) and subsection (l) as subsections (l) and deposit is made. amount of any benefit payable out of the (m), respectively; and ‘‘(2) Interest under this subsection shall be Civil Service Retirement and Disability (2) in subsection (l) (as so redesignated by computed in accordance with paragraphs (2) Fund. paragraph (1))— and (3) of section 8334(e) and regulations pre- (b) QUALIFYING DISTRICT OF COLUMBIA (A) by striking ‘‘(l) In computing’’ and in- scribed by the Office. The option under the SERVICE DEFINED.—In this section, ‘‘quali- serting ‘‘(l)(1) In computing’’; and third sentence of section 8334(e)(2) to make a fying District of Columbia service’’ means (B) by adding at the end the following: deposit in one or more installments shall any of the following: ‘‘(2) Except as provided in paragraph (1), in apply to deposits under this subsection. (1) Service performed by an individual as a computing an annuity under this subchapter, ‘‘(3) For the purpose of survivor annuities, nonjudicial employee of the District of Co- the total service of an employee who retires deposits authorized by this subsection may lumbia courts— on an immediate annuity or who dies leaving also be made by a survivor of an employee or (A) which was performed prior to the effec- a survivor or survivors entitled to annuity Member.’’. tive date of the amendments made by section includes the days of unused sick leave to his (b) TECHNICAL AND CONFORMING AMEND- 11246(b) of the Balanced Budget Act of 1997; credit under a formal leave system and for MENTS.— and which days the employee has not received (1) DEFINITIONAL AMENDMENT.—Section (B) for which the individual did not ever payment, except that these days will not be 8401(19)(C) of title 5, United States Code, is receive credit under the provisions of sub- counted in determining average pay or annu- amended by striking ‘‘8411(f);’’ and inserting chapter III of chapter 83 or chapter 84 of title ity eligibility under this subchapter. For ‘‘8411(f) or 8422(i);’’. 5, United States Code (other than by virtue purposes of this subsection, in the case of of section 8331(1)(iv) of such title). (2) CREDITING OF DEPOSITS.—Section 8422(c) any such employee who is excepted from sub- of title 5, United States Code, is amended by (2) Service performed by an individual as chapter I of chapter 63 under section adding at the end the following: ‘‘Deposits an employee of an entity of the District of Columbia government whose functions were 6301(2)(x) through (xiii), the days of unused made by an employee, Member, or survivor transferred to the Pretrial Services, Parole, sick leave to his credit include any unused also shall be credited to the Fund.’’. sick leave standing to his credit when he was Adult Supervision, and Offender Supervision (3) SECTION HEADING.—(A) The heading for Trustee under section 11232 of the Balanced excepted from such subchapter.’’. section 8422 of title 5, United States Code, is Budget Act of 1997— (b) EXCEPTION FROM DEPOSIT REQUIRE- amended to read as follows: MENT.—Section 8422(d)(2) of title 5, United (A) which was performed prior to the effec- States Code, is amended by striking ‘‘section ‘‘§ 8422. Deductions from pay; contributions tive date of the individual’s coverage as an 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of for other service; deposits’’. employee of the Federal Government under section 8415(l)’’. (B) The analysis for chapter 84 of title 5, section 11232(f) of such Act; and (c) EFFECTIVE DATE.—The amendments United States Code, is amended by striking (B) for which the individual did not ever made by this section shall apply with respect the item relating to section 8422 and insert- receive credit under the provisions of sub- to annuities computed based on separations ing the following: chapter III of chapter 83 or chapter 84 of title occurring on or after the date of enactment ‘‘8422. Deductions from pay; contributions 5, United States Code (other than by virtue of this Act. for other service; deposits.’’. of section 8331(1)(iv) of such title). SEC. 112. LIMITED EXPANSION OF THE CLASS OF (4) RESTORATION OF ANNUITY RIGHTS.—The (3) Service performed by an individual as INDIVIDUALS ELIGIBLE TO RECEIVE last sentence of section 8424(a) of title 5, an employee of the District of Columbia AN ACTUARIALLY REDUCED ANNU- United States Code, is amended by striking Public Defender Service— ITY UNDER THE CIVIL SERVICE RE- ‘‘based.’’ and inserting ‘‘based, until the em- (A) which was performed prior to the effec- TIREMENT SYSTEM. ployee or Member is reemployed in the serv- tive date of the amendments made by section (a) IN GENERAL.—Section 8334(d)(2)(A)(i) of ice subject to this chapter.’’. 7(e) of the District of Columbia Courts and title 5, United States Code, is amended by SEC. 115. RETIREMENT CREDIT FOR SERVICE OF Justice Technical Corrections Act of 1998; striking ‘‘October 1, 1990’’ each place it ap- CERTAIN EMPLOYEES TRANS- and pears and inserting ‘‘March 1, 1991’’. FERRED FROM DISTRICT OF COLUM- (B) for which the individual did not ever (b) APPLICABILITY.—The amendment made BIA SERVICE TO FEDERAL SERVICE. receive credit under the provisions of sub- by subsection (a) shall be effective with re- (a) RETIREMENT CREDIT.— chapter III of chapter 83 or chapter 84 of title spect to any annuity, entitlement to which (1) IN GENERAL.—Any individual who is 5, United States Code (other than by virtue is based on a separation from service occur- treated as an employee of the Federal Gov- of section 8331(1)(iv) of such title). ring on or after the date of enactment of this ernment for purposes of chapter 83 or chap- (4) In the case of an individual who was an Act. ter 84 of title 5, United States Code, on or employee of the District of Columbia Depart- SEC. 113. COMPUTATION OF CERTAIN ANNUITIES after the date of enactment of this Act who ment of Corrections who was separated from BASED ON PART-TIME SERVICE. performed qualifying District of Columbia service as a result of the closing of the (a) IN GENERAL.—Section 8339(p) of title 5, service shall be entitled to have such service Lorton Correctional Complex and who was United States Code, is amended by adding at included in calculating the individual’s cred- appointed to a position with the Bureau of the end the following: itable service under sections 8332 or 8411 of Prisons, the District of Columbia courts, the ‘‘(3) In the administration of paragraph title 5, United States Code, but only for pur- Pretrial Services, Parole, Adult Supervision, (1)— poses of the following provisions of such and Offender Supervision Trustee, the United ‘‘(A) subparagraph (A) of such paragraph title: States Parole Commission, or the District of shall apply with respect to service performed (A) Sections 8333 and 8410 (relating to eligi- Columbia Public Defender Service, service before, on, or after April 7, 1986; and bility for annuity). performed by the individual as an employee ‘‘(B) subparagraph (B) of such paragraph— (B) Sections 8336 (other than subsections of the District of Columbia Department of ‘‘(i) shall apply with respect to that por- (d), (h), and (p) thereof) and 8412 (relating to Corrections— tion of any annuity which is attributable to immediate retirement). (A) which was performed prior to the effec- service performed on or after April 7, 1986; (C) Sections 8338 and 8413 (relating to de- tive date of the individual’s coverage as an and ferred retirement). employee of the Federal Government; and

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6129 (B) for which the individual did not ever scribed by the Executive Director of the Fed- the United States, but outside the 48 contig- receive credit under the provisions of sub- eral Retirement Thrift Investment Board, all uous States and the District of Columbia in chapter III of chapter 83 or chapter 84 of title Thrift Savings Plan contributions and asso- which the incumbent was an individual who 5, United States Code (other than by virtue ciated earnings made by an employing agen- on the day before the date of enactment of of section 8331(1)(iv) of such title). cy pursuant to section 8432(c) of title 5, the Non-Foreign Area Retirement Equity As- (c) CERTIFICATION OF SERVICE.—The Office United States Code. Any amounts remaining surance Act of 2009 was eligible to receive a of Personnel Management shall accept the in the Thrift Savings Plan account of the cost-of-living allowance under section 5941; certification of the appropriate personnel of- covered employee may be transferred to a and’’; ficial of the government of the District of private account or the District of Columbia (D) in clause (iv) in the matter following Columbia or other independent employing Police and Firefighter Retirement and Dis- subparagraph (D), by inserting ‘‘, except for entity concerning whether an individual per- ability System. members covered by subparagraph (C)’’ be- formed qualifying District of Columbia serv- (C) FORFEITURE OF SOCIAL SECURITY BENE- fore the semicolon; and ice and the length of the period of such serv- FITS.— (E) in clause (v) in the matter following ice the individual performed. (i) CONTRIBUTIONS.—Upon conversion into subparagraph (D), by inserting ‘‘, except for SEC. 116. RETIREMENT TREATMENT OF CERTAIN the Civil Service Retirement System, a cov- members covered by subparagraph (C)’’ be- SECRET SERVICE EMPLOYEES. ered employee shall forfeit all contributions fore the semicolon. (a) DEFINITION.—In this section the term made under title II of the Social Security (b) ALLOWANCES BASED ON LIVING COSTS ‘‘covered employee’’ means an individual Act while employed by the United States Se- AND CONDITIONS OF ENVIRONMENT.—Section who— cret Service. All forfeited funds shall remain 5941 of title 5, United States Code, is amend- (1) was hired as a member of the United in the Federal Old-Age and Survivors Insur- ed— States Secret Service Division during the pe- ance Trust Fund and the Federal Disability (1) in subsection (a), by adding after the riod beginning on January 1, 1984 through Insurance Trust Fund, as applicable . last sentence ‘‘Notwithstanding any pre- December 31, 1986; (ii) BENEFITS.—A covered employee shall ceding provision of this subsection, the cost- (2) has actively performed duties other not be entitled to any benefit based on any of-living allowance rate based on paragraph than clerical for 10 or more years directly re- contribution forfeited under clause (i). (1) shall be the cost-of-living allowance rate lated to the protection mission of the United (3) IMPLEMENT.—The Office of Personnel in effect on the date of enactment of the States Secret Service described under sec- Management, the Department of Homeland Non-Foreign Area Retirement Equity Assur- tion 3056 of title 18, United States Code; Security, the Social Security Administra- ance Act of 2009, except as adjusted under (3) is serving as a member of the United tion, and the Thrift Savings Board shall take subsection (c).’’; States Secret Service Division or the United such actions as necessary to provide for the (2) by redesignating subsection (b) as sub- States Secret Service Uniform Division (or implementation of this section. section (d); and any successor entity) on the effective date of (d) EFFECTIVE DATE.— (3) by inserting after subsection (a) the fol- this section; and (1) IN GENERAL.—Except as provided under lowing: (4) files an election to be a covered em- paragraph (2), this section shall take effect ‘‘(b) This section shall apply only to areas ployee under subsection (b)(1). on the first day of the first applicable pay (b) ELECTION OF COVERAGE.— that are designated as cost-of-living allow- period that begins 180 days after the date of (1) IN GENERAL.—Not later than 60 days ance areas as in effect on December 31, 2009. enactment of this Act. after the date of enactment of this Act, an ‘‘(c)(1) The cost-of-living allowance rate (2) ELECTIONS AND IMPLEMENTATION.—Sub- individual described under subsection (a)(1), payable under this section shall be adjusted sections (b) and (c)(1) and (3) shall take ef- (2), and (3) may file an election with the on the first day of the first applicable pay fect on the date of enactment of this Act. United States Secret Service to be a covered period beginning on or after— employee and to transition to the District of TITLE lll—NON-FOREIGN AREA ‘‘(A) January 1, 2010; and Columbia Police and Fire Fighter Retire- RETIREMENT EQUITY ASSURANCE ‘‘(B) January 1 of each calendar year in ment and Disability System. SEC. l01. SHORT TITLE. which a locality-based comparability adjust- (2) NOTIFICATION.—Not later than 30 days This title may be cited as the ‘‘Non-For- ment takes effect under section l04 (2) and after the date of enactment of this Act, the eign Area Retirement Equity Assurance Act (3) of the Non-Foreign Area Retirement Eq- Office of Personnel Management and the of 2009’’ or the ‘‘Non-Foreign AREA Act of uity Assurance Act of 2009. United States Secret Service shall notify 2009’’. ‘‘(2)(A) In this paragraph, the term ‘appli- each individual described under subsection SEC. l02. EXTENSION OF LOCALITY PAY. cable locality-based comparability pay per- (a)(1), (2), and (3) that the individual is quali- (a) LOCALITY-BASED COMPARABILITY PAY- centage’ means, with respect to calendar fied to file an election under paragraph (1). MENTS.—Section 5304 of title 5, United States year 2010 and each calendar year thereafter, (c) RETIREMENT COVERAGE CONVERSION.— Code, is amended— the applicable percentage under section l04 (1) IN GENERAL.—Not later than 180 days (1) in subsection (f)(1), by striking subpara- (1), (2), or (3) of Non-Foreign Area Retire- after the date of enactment of this Act, and graph (A) and inserting the following: ment Equity Assurance Act of 2009. in consultation with the Secretary of Home- ‘‘(A) each General Schedule position in the ‘‘(B) Each adjusted cost-of-living allowance land Security and the Thrift Savings Board, United States, as defined under section rate under paragraph (1) shall be computed the Office of Personnel Management shall 5921(4), and its territories and possessions, by— prescribe regulations to carry out the re- including the Commonwealth of Puerto Rico ‘‘(i) subtracting 65 percent of the applica- sponsibilities of the Federal Government and the Commonwealth of the Northern Mar- ble locality-based comparability pay per- under this section. The regulations pre- iana Islands, shall be included within a pay centage from the cost-of-living allowance scribed under this paragraph shall provide locality;’’; percentage rate in effect on December 31, for transition of covered employees from the (2) in subsection (g)— 2009; and Federal Employees’ Retirement System to (A) in paragraph (2)— ‘‘(ii) dividing the resulting percentage de- the Civil Service Retirement System. (i) in subparagraph (A), by striking ‘‘and’’ termined under clause (i) by the sum of— (2) TREATMENT OF COVERED EMPLOYEES.— after the semicolon; ‘‘(I) one; and (A) ELECTION OF COVERAGE.— (ii) in subparagraph (B) by striking the pe- ‘‘(II) the applicable locality-based com- (i) IN GENERAL.—If a covered employee files riod and inserting ‘‘; and’’; and parability payment percentage expressed as an election under subsection (b)(1), the cov- (iii) by adding after subparagraph (B) the a numeral. ered employee shall, subject to clause (ii), be following: ‘‘(3) No allowance rate computed under converted from the Federal Employees’ Re- ‘‘(C) positions under subsection (h)(1)(C) paragraph (2) may be less than zero. tirement System to the Civil Service Retire- not covered by appraisal systems certified ‘‘(4) Each allowance rate computed under ment System. under section 5382; and’’; and paragraph (2) shall be paid as a percentage of (ii) COVERAGE IN DISTRICT OF COLUMBIA RE- (B) by adding at the end the following: basic pay (including any applicable locality- TIREMENT SYSTEM.— ‘‘(3) The applicable maximum under this based comparability payment under section (I) IN GENERAL.—Chapter 7 of title 5 of the subsection shall be level II of the Executive 5304 or similar provision of law and any ap- District of Columbia Code shall apply with Schedule for positions under subsection plicable special rate of pay under section 5305 respect to a covered employee on the date on (h)(1)(C) covered by appraisal systems cer- or similar provision of law).’’. which the covered employee transitions to tified under section 5307(d).’’; and SEC. l03. ADJUSTMENT OF SPECIAL RATES. the Civil Service Retirement System. (3) in subsection (h)(1)— (a) IN GENERAL.—Each special rate of pay (II) AUTHORIZATION FOR DISTRICT OF COLUM- (A) in subparagraph (B) by striking ‘‘and’’ established under section 5305 of title 5, BIA.—The government of the District of Co- after the semicolon; United States Code, and payable in an area lumbia shall provide for the coverage of cov- (B) by redesignating subparagraph (C) as designated as a cost-of-living allowance area ered employees in the District of Columbia subparagraph (D); under section 5941(a) of that title, shall be Police and Fire Fighter Retirement and Dis- (C) by inserting after subparagraph (B) the adjusted, on the dates prescribed by section ability System in accordance with this sec- following: l04 of this title, in accordance with regula- tion. ‘‘(C) a Senior Executive Service position tions prescribed by the Director of the Office (B) THRIFT SAVINGS PLAN.—A covered em- under section 3132 or 3151 or a senior level of Personnel Management under section l08 ployee shall forfeit, under procedures pre- position under section 5376 stationed within of this title.

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(b) AGENCIES WITH STATUTORY AUTHOR- (4) if the surveys under paragraph (3) indi- (1) DEFINITION.—In this subsection, the ITY.— cate that the pay disparity determined for term ‘‘covered employee’’ means— (1) IN GENERAL.—Each special rate of pay the State of Alaska, the State of Hawaii, or (A) any employee who— established under an authority described any 1 of the United States territories includ- (i) on the day before the date of enactment under paragraph (2) and payable in a location ing American Samoa, Guam, Commonwealth of this Act— designated as a cost-of-living allowance area of the Northern Mariana Islands, Common- (I) was eligible to be paid a cost-of-living under section 5941(a)(1) of title 5, United wealth of Puerto Rico, and the United States allowance under 5941 of title 5, United States States Code, shall be adjusted in accordance Virgin Islands exceeds the pay disparity de- Code; and with regulations prescribed by the applicable termined for the locality which (for purposes (II) was not eligible to be paid locality- head of the agency that are consistent with of section 5304 of that title) is commonly based comparability payments under 5304 or the regulations issued by the Director of the known as the ‘‘Rest of the United States’’, 5304a of that title; or Office of Personnel Management under sub- the President’s Pay Agent should take ap- (ii) on or after the date of enactment of section (a). propriate measures to provide that each such this Act becomes eligible to be paid a cost- (2) STATUTORY AUTHORITY.—The authority surveyed area be treated as a separate pay of-living allowance under 5941 of title 5, referred to under paragraph (1), is any statu- locality for purposes of that section; and United States Code; or tory authority that— (5) the President’s Pay Agent will establish (B) any employee who— (A) is similar to the authority exercised 1 locality area for the entire State of Hawaii (i) on the day before the date of enactment under section 5305 of title 5, United States and 1 locality area for the entire State of of this Act— Code; Alaska. (I) was eligible to be paid an allowance (B) is exercised by the head of an agency (b) SAVINGS PROVISIONS.— under section 1603(b) of title 10, United when the head of the agency determines it to (1) IN GENERAL.—During the period de- States Code; be necessary in order to obtain or retain the scribed under section l04 of this title, an (II) was eligible to be paid an allowance services of persons specified by statute; and employee paid a special rate under 5305 of under section 1005(b) of title 39, United (C) authorizes the head of the agency to in- title 5, United States Code, who the day be- States Code; crease the minimum, intermediate, or max- fore the date of enactment of this Act was el- (III) was employed by the Transportation imum rates of basic pay authorized under ap- igible to receive a cost-of-living allowance Security Administration of the Department plicable statutes and regulations. under section 5941 of title 5, United States of Homeland Security and was eligible to be (c) TEMPORARY ADJUSTMENT.—Regulations Code, and who continues to be officially sta- paid an allowance based on section 5941 of issued under subsection (a) or (b) may pro- tioned in an allowance area, shall receive an title 5, United States Code; or vide that statutory limitations on the increase in the employee’s special rate con- (IV) was eligible to be paid under any other amount of such special rates may be tempo- sistent with increases in the applicable spe- authority a cost-of-living allowance that is rarily raised to a higher level during the cial rate schedule. For employees in allow- equivalent to the cost-of-living allowance transition period described in section l04 ance areas, the minimum step rate for any under section 5941 of title 5, United States ending on the first day of the first pay period grade of a special rate schedule shall be in- Code; or beginning on or after January 1, 2012, at creased at the time of an increase in the ap- (ii) on or after the date of enactment of which time any special rate of pay in excess plicable locality rate percentage for the al- this Act— of the applicable limitation shall be con- lowance area by not less than the dollar in- (I) becomes eligible to be paid an allowance verted to a retained rate under section 5363 crease in the locality-based comparability under section 1603(b) of title 10, United of title 5, United States Code. payment for a non-special rate employee at States Code; SEC. l04. TRANSITION SCHEDULE FOR LOCAL- the same minimum step provided under sec- (II) becomes eligible to be paid an allow- ITY-BASED COMPARABILITY PAY- tion l04 of this title, and corresponding in- ance under section 1005(b) of title 39, United MENTS. creases shall be provided for all step rates of States Code; Notwithstanding any other provision of the given pay range. (III) is employed by the Transportation Se- this title or section 5304 or 5304a of title 5, (2) CONTINUATION OF COST OF LIVING ALLOW- curity Administration of the Department of United States Code, in implementing the ANCE RATE.—If an employee, who the day be- Homeland Security and becomes eligible to amendments made by this title, for each fore the date of enactment of this Act was el- be paid an allowance based on section 5941 of non-foreign area determined under section igible to receive a cost-of-living allowance title 5, United States Code; or 5941(b) of that title, the applicable rate for under section 5941 of title 5, United States (IV) is eligible to be paid under any other the locality-based comparability adjustment Code, would receive a rate of basic pay and authority a cost-of-living allowance that is that is used in the computation required applicable locality-based comparability pay- equivalent to the cost-of-living allowance under section 5941(c) of that title shall be ad- ment which is in excess of the maximum rate under section 5941 of title 5, United States justed effective on the first day of the first limitation set under section 5304(g) of title 5, Code. pay period beginning on or after January 1— United States Code, for his position (but for (2) APPLICATION TO COVERED EMPLOYEES.— (1) in calendar year 2010, by using 1⁄3 of the that maximum rate limitation) due to the (A) IN GENERAL.—Notwithstanding any locality pay percentage for the rest of United operation of this title, the employee shall other provision of law, for purposes of this States locality pay area; continue to receive the cost-of-living allow- title (including the amendments made by (2) in calendar year 2011, by using 2⁄3 of the ance rate in effect on December 31, 2009 with- this title) any covered employee shall be otherwise applicable comparability payment out adjustment until— treated as an employee to whom section 5941 approved by the President for each non-for- (A) the employee leaves the allowance area of title 5, United States Code (as amended by eign area; and or pay system; or section l02 of this title), and section l04 of (3) in calendar year 2012 and each subse- (B) the employee is entitled to receive this title apply. quent year, by using the full amount of the basic pay (including any applicable locality- (B) PAY FIXED BY STATUTE.—Pay to covered applicable comparability payment approved based comparability payment or similar sup- employees under section 5304 or 5304a of title by the President for each non-foreign area. plement) at a higher rate, 5, United States Code, as a result of the ap- SEC. l05. SAVINGS PROVISION. but, when any such position becomes vacant, plication of this title shall be considered to (a) SENSE OF CONGRESS.—It is the sense of the pay of any subsequent appointee thereto be fixed by statute. Congress that— shall be fixed in the manner provided by ap- (C) PERFORMANCE APPRAISAL SYSTEM.— (1) the application of this title to any em- plicable law and regulation. With respect to a covered employee who is ployee should not result in a decrease in the (3) LOCALITY-BASED COMPARABILITY PAY- subject to a performance appraisal system no take home pay of that employee; MENTS.—Any employee covered under para- part of pay attributable to locality-based (2) in calendar year 2012 and each subse- graph (2) shall receive any applicable local- comparability payments as a result of the quent year, no employee shall receive less ity-based comparability payment extended application of this title including section than the Rest of the U.S. locality pay rate; under section l04 of this title which is not 5941 of title 5, United States Code (as amend- (3) concurrent with the surveys next con- in excess of the maximum rate set under sec- ed by section l02 of this title), may be re- ducted under the provisions of section tion 5304(g) of title 5, United States Code, for duced on the basis of the performance of that 5304(d)(1)(A) of title 5, United States Code, his position including any future increase to employee. beginning after the date of the enactment of statutory pay limitations under 5318 of title (b) POSTAL EMPLOYEES IN NON-FOREIGN this Act, the Bureau of Labor Statistics 5, United States Code. Notwithstanding para- AREAS.— should conduct separate surveys to deter- graph (2), to the extent that an employee (1) IN GENERAL.—Section 1005(b) of title 39, mine the extent of any pay disparity (as de- covered under that paragraph receives any United States Code, is amended— fined by section 5302 of that title) that may amount of locality-based comparability pay- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; exist with respect to positions located in the ment, the cost-of-living allowance rate under (B) by striking ‘‘Section 5941,’’ and insert- State of Alaska, the State of Hawaii, and the that paragraph shall be reduced accordingly, ing ‘‘Except as provided under paragraph (2), United States territories, including Amer- as provided under section 5941(c)(2)(B) of section 5941’’; ican Samoa, Guam, Commonwealth of the title 5, United States Code. (C) by striking ‘‘For purposes of such sec- Northern Mariana Islands, Commonwealth of SEC. l06. APPLICATION TO OTHER ELIGIBLE EM- tion,’’ and inserting ‘‘Except as provided Puerto Rico, and the United States Virgin PLOYEES. under paragraph (2), for purposes of section Islands; (a) IN GENERAL.— 5941 of that title,’’; and

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(D) by adding at the end the following: (1) EMPLOYEE CONTRIBUTIONS.—A covered TITLE lll—PART-TIME REEMPLOYMENT ‘‘(2) On and after the date of enactment of employee shall pay into the Civil Service Re- OF ANNUITANTS the Non-Foreign Area Retirement Equity As- tirement and Disability Retirement Fund— SEC. ll1. SHORT TITLE. surance Act of 2009— (A) an amount equal to the difference be- This title may be cited as the ‘‘Part-Time ‘‘(A) the provisions of that Act and section tween— Reemployment of Annuitants Act of 2009’’. 5941 of title 5 shall apply to officers and em- (i) employee contributions that would have SEC. ll2. PART-TIME REEMPLOYMENT. ployees covered by section 1003 (b) and (c) been deducted and withheld from pay under (a) CIVIL SERVICE RETIREMENT SYSTEM.— whose duty station is in a nonforeign area; section 8334 or 8422 of title 5, United States Section 8344 of title 5, United States Code, is and Code, during the period described under sub- amended— ‘‘(B) with respect to officers and employees section (c) of this section if the cost-of-living (1) by redesignating subsection (l) as sub- of the Postal Service (other than those offi- allowances described under that subsection section (m); cers and employees described under subpara- had been treated as basic pay under section (2) by inserting after subsection (k) the fol- graph (A)) of section l06(b)(2) of that Act 8331(3) or 8401(4) of title 5, United States lowing: shall apply.’’. Code; and ‘‘(l)(1) For purposes of this subsection— (2) CONTINUATION OF COST OF LIVING ALLOW- (ii) employee contributions that were actu- ‘‘(A) the term ‘head of an agency’ means— ANCE.— ally deducted and withheld from pay under ‘‘(i) the head of an Executive agency, other (A) IN GENERAL.—Notwithstanding any section 8334 or 8422 of title 5, United States than the Department of Defense or the Gov- other provision of this title, any employee of Code, during that period; and ernment Accountability Office; the Postal Service (other than an employee (B) interest as prescribed under section ‘‘(ii) the head of the United States Postal covered by section 1003 (b) and (c) of title 39, 8334(e) of title 5, United States Code, based Service; United States Code, whose duty station is in on the amount determined under subpara- ‘‘(iii) the Director of the Administrative a nonforeign area) who is paid an allowance graph (A). Office of the United States Courts, with re- under section 1005(b) of that title shall be (2) AGENCY CONTRIBUTIONS.— spect to employees of the judicial branch; treated for all purposes as if the provisions (A) IN GENERAL.—The employing agency of and of this title (including the amendments a covered employee shall pay into the Civil ‘‘(iv) any employing authority described made by this title) had not been enacted, ex- Service Retirement and Disability Retire- under subsection (k)(2), other than the Gov- cept that the cost-of-living allowance rate ment Fund an amount for applicable agency ernment Accountability Office; and paid to that employee— contributions based on payments made under ‘‘(B) the term ‘limited time appointee’ (i) may result in the allowance exceeding paragraph (1). means an annuitant appointed under a tem- 25 percent of the rate of basic pay of that (B) SOURCE.—Amounts paid under this porary appointment limited to 1 year or less. employee; and paragraph shall be contributed from the ap- ‘‘(2) The head of an agency may waive the (ii) shall be the greater of— propriation or fund used to pay the em- application of subsection (a) or (b) with re- (I) the cost-of-living allowance rate in ef- ployee. spect to any annuitant who is employed in fect on December 31, 2009 for the applicable (3) REGULATIONS.—The Office of Personnel such agency as a limited time appointee, if area; or Management may prescribe regulations to the head of the agency determines that the (II) the applicable locality-based com- carry out this section. employment of the annuitant is necessary parability pay percentage under section l04. SEC. l08. REGULATIONS. to— (B) RULE OF CONSTRUCTION.—Nothing in (a) IN GENERAL.—The Director of the Office ‘‘(A) fulfill functions critical to the mis- this title shall be construed to— of Personnel Management shall prescribe sion of the agency, or any component of that (i) provide for an employee described under regulations to carry out this title, includ- agency; subparagraph (A) to be a covered employee ing— ‘‘(B) assist in the implementation or over- as defined under subsection (a); or (1) rules for special rate employees de- sight of the American Recovery and Rein- (ii) authorize an employee described under scribed under section l03; vestment Act of 2009 (Public Law 111–5) or subparagraph (A) to file an election under (2) rules for adjusting rates of basic pay for the Troubled Asset Relief Program under section l07 of this title. employees in pay systems administered by title I of the Emergency Economic Stabiliza- SEC. l07. ELECTION OF ADDITIONAL BASIC PAY the Office of Personnel Management when tion Act of 2008 (12 U.S.C. 5201 et seq.); FOR ANNUITY COMPUTATION BY EM- such employees are not entitled to locality- ‘‘(C) assist in the development, manage- PLOYEES. based comparability payments under section ment, or oversight of agency procurement (a) DEFINITION.—In this section the term 5304 of title 5, United States Code, without actions; ‘‘covered employee’’ means any employee— regard to otherwise applicable statutory pay ‘‘(D) assist the Inspector General for that (1) to whom section l04 applies; limitations during the transition period de- agency in the performance of the mission of (2) who is separated from service by reason scribed in section l04 ending on the first day that Inspector General; of retirement under chapter 83 or 84 of title of the first pay period beginning on or after ‘‘(E) promote appropriate training or men- 5, United States Code, during the period of January 1, 2012; and toring programs of employees; January 1, 2010, through December 31, 2012; (3) rules governing establishment and ad- ‘‘(F) assist in the recruitment or retention and justment of saved or retained rates for any of employees; or (3) who files an election with the Office of employee whose rate of pay exceeds applica- ‘‘(G) respond to an emergency involving a Personnel Management under subsection (b). ble pay limitations on the first day of the direct threat to life of property or other un- (b) ELECTION.— first pay period beginning on or after Janu- usual circumstances. (1) IN GENERAL.—An employee described ary 1, 2012. ‘‘(3) The head of an agency may not waive under subsection (a) (1) and (2) may file an (b) OTHER PAY SYSTEMS.—With the concur- the application of subsection (a) or (b) with election with the Office of Personnel Man- rence of the Director of the Office of Per- respect to an annuitant— agement to be covered under this section. sonnel Management, the administrator of a ‘‘(A) for more than 520 hours of service per- (2) DEADLINE.—An election under this sub- pay system not administered by the Office of formed by that annuitant during the period section may be filed not later than December Personnel Management shall prescribe regu- ending 6 months following the individual’s 31, 2012. lations to carry out this title with respect to annuity commencing date; (c) COMPUTATION OF ANNUITY.— employees in such pay system, consistent ‘‘(B) for more than 1040 hours of service (1) IN GENERAL.—Except as provided under with the regulations prescribed by the Office performed by that annuitant during any 12- paragraph (2), for purposes of the computa- under subsection (a). With respect to em- month period; or tion of an annuity of a covered employee any ployees not entitled to locality-based com- ‘‘(C) for more than a total of 3120 hours of cost-of-living allowance under section 5941 of parability payments under section 5304 of service performed by that annuitant. title 5, United States Code, paid to that em- title 5, United States Code, regulations pre- ‘‘(4)(A) The total number of annuitants to ployee during the first applicable pay period scribed under this subsection may provide whom a waiver by the head of an agency beginning on or after January 1, 2010 through for special payments or adjustments for em- under this subsection or section 8468(i) ap- the first applicable pay period ending on or ployees who were eligible to receive a cost- plies may not exceed 2.5 percent of the total after December 31, 2012, shall be considered of-living allowance under section 5941 of that number of full-time employees of that agen- basic pay as defined under section 8331(3) or title on the date before the date of enact- cy. 8401(4) of that title. ment of this Act. ‘‘(B) If the total number of annuitants to (2) LIMITATION.—The amount of the cost-of- SEC. l09. EFFECTIVE DATES. whom a waiver by the head of an agency living allowance which may be considered (a) IN GENERAL.—Except as provided by under this subsection or section 8468(i) ap- basic pay under paragraph (1) may not ex- subsection (b), this title (including the plies exceeds 1 percent of the total number of ceed the amount of the locality-based com- amendments made by this title) shall take full-time employees of that agency, the head parability payments the employee would effect on the date of enactment of this Act. of that agency shall submit to the Com- have received during that period for the ap- (b) LOCALITY PAY AND SCHEDULE.—The mittee on Homeland Security and Govern- plicable pay area if the limitation under sec- amendments made by section l02 and the mental Affairs of the Senate, the Committee tion l04 of this title did not apply. provisions of section l04 shall take effect on on Oversight and Government Reform of the (d) CIVIL SERVICE RETIREMENT AND DIS- the first day of the first applicable pay pe- House of Representatives, and the Office of ABILITY RETIREMENT FUND.— riod beginning on or after January 1, 2010. Personnel Management—

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(c) RULE OF CONSTRUCTION.—Nothing in the convenient periods substantially equivalent ‘‘(3) The head of an agency may not waive to 12 months, such as 26 pay periods, to be amendments made by this section may be the application of subsection (a) with respect construed to authorize the waiver of the hir- used in determining compliance with para- to an annuitant— graph (3)(B); ing preferences under chapter 33 of title 5, ‘‘(A) for more than 520 hours of service per- United States Code in selecting annuitants ‘‘(iv) include such other administrative re- formed by that annuitant during the period quirements as the Director of the Office of to employ in an appointive or elective posi- ending 6 months following the individual’s Personnel Management may find appropriate tion. annuity commencing date; to provide for the effective operation of, or (d) TECHNICAL AND CONFORMING AMEND- ‘‘(B) for more than 1040 hours of service to ensure compliance with, this subsection; MENTS.—Section 1005(d)(2) of title 39, United performed by that annuitant during any 12- and States Code, is amended— month period; or ‘‘(v) encourage the training and mentoring (1) by striking ‘‘(l)(2)’’ and inserting ‘‘(C) for more than a total of 3120 hours of of employees by any limited time appointee ‘‘(m)(2)’’; and service performed by that annuitant. (2) by striking ‘‘(i)(2)’’ and inserting employed under this subsection. ‘‘(4)(A) The total number of annuitants to ‘‘(6)(A) Any hours of training or mentoring ‘‘(j)(2)’’. whom a waiver by the head of an agency of employees by any limited time appointee SEC. ll3. GENERAL ACCOUNTABILITY OFFICE under this subsection or section 8344(l) ap- employed under this subsection shall not be REPORT. plies may not exceed 2.5 percent of the total included in the hours of service performed (a) IN GENERAL.—Not later than 3 years number of full-time employees of that agen- for purposes of paragraph (3), but those hours after the date of enactment of this Act, the cy. of training or mentoring may not exceed 520 ‘‘(B) If the total number of annuitants to Comptroller General of the United States hours. whom a waiver by the head of an agency shall submit to the Committee on Homeland ‘‘(B) If the primary service performed by under this subsection or section 8344(l) ap- Security and Governmental Affairs of the any limited time appointee employed under plies exceeds 1 percent of the total number of Senate and the Committee on Oversight and this subsection is training or mentoring of full-time employees of that agency, the head Government Reform of the House of Rep- employees, the hours of that service shall be resentatives a report regarding the use of the included in the hours of service performed of that agency shall submit to the Com- mittee on Homeland Security and Govern- authority under the amendments made by for purposes of paragraph (3). section ll2. ‘‘(7) The authority of the head of an agency mental Affairs of the Senate, the Committee (b) CONTENTS.—The report submitted under under this subsection to waive the applica- on Oversight and Government Reform of the subsection (a) shall— tion of subsection (a) or (b) shall terminate House of Representatives, and the Office of (1) include the number of annuitants for 5 years after the date of enactment of the Personnel Management— whom a waiver was made under subsection Part-Time Reemployment of Annuitants Act ‘‘(i) a report with an explanation that jus- of 2009.’’; and tifies the need for the waivers in excess of (l) of section 8344 of title 5, United States (3) in subsection (m) (as so redesignated)— that percentage; and Code, as amended by this title, or subsection (A) in paragraph (1), by striking ‘‘(k)’’ and ‘‘(ii) not later than 180 days after submit- (i) of section 8468 of title 5, United States inserting ‘‘(l)’’; and ting the report under clause (i), a succession Code, as amended by this title; and (B) in paragraph (2), by striking ‘‘or (k)’’ plan. (2) identify each agency that used the au- and inserting ‘‘(k), or (l)’’. ‘‘(5)(A) The Director of the Office of Per- thority described in paragraph (1). (b) FEDERAL EMPLOYEE RETIREMENT SYS- sonnel Management may promulgate regula- (c) AGENCY DATA.—Each head of an agency TEM.—Section 8468 of title 5, United States tions providing for the administration of this (as defined under sections 8344(l)(1) and Code, is amended— subsection. 8468(i)(1)(A) of title 5, United States Code, as (1) by redesignating subsection (i) as sub- ‘‘(B) Any regulations promulgated under added by section ll2 of this title) shall— section (j); subparagraph (A) may— (1) collect and maintain data necessary for (2) by inserting after subsection (h) the fol- ‘‘(i) provide standards for the maintenance purposes of the Comptroller General report lowing: and form of necessary records of employment submitted under subsection (a); and ‘‘(i)(1) For purposes of this subsection— under this subsection; (2) submit to the Comptroller General that ‘‘(A) the term ‘head of an agency’ means— ‘‘(ii) to the extent not otherwise expressly data as the Comptroller General requires in ‘‘(i) the head of an Executive agency, other prohibited by law, require employing agen- a timely fashion. than the Department of Defense or the Gov- cies to provide records of such employment ernment Accountability Office; to the Office or other employing agencies as f ‘‘(ii) the head of the United States Postal necessary to ensure compliance with para- Service; graph (3); ‘‘(iii) the Director of the Administrative ‘‘(iii) authorize other administratively AUTHORITY FOR COMMITTEES TO Office of the United States Courts, with re- convenient periods substantially equivalent MEET to 12 months, such as 26 pay periods, to be spect to employees of the judicial branch; COMMITTEE ON BANKING, HOUSING, AND URBAN used in determining compliance with para- and AFFAIRS ‘‘(iv) any employing authority described graph (3)(B); under subsection (h)(2), other than the Gov- ‘‘(iv) include such other administrative re- Mr. MERKLEY. Mr. President, I ask ernment Accountability Office; and quirements as the Director of the Office of unanimous consent that the Com- ‘‘(B) the term ‘limited time appointee’ Personnel Management may find appropriate mittee on Banking, Housing, and means an annuitant appointed under a tem- to provide for effective operation of, or to Urban Affairs be authorized to meet porary appointment limited to 1 year or less. ensure compliance with, this subsection; and during the session of the Senate on ‘‘(2) The head of an agency may waive the ‘‘(v) encourage the training and mentoring June 3, 2009 at 2 p.m. to conduct a hear- application of subsection (a) with respect to of employees by any limited time appointee ing entitled ‘‘A Fresh Start For New any annuitant who is employed in such agen- employed under this subsection. cy as a limited time appointee, if the head of ‘‘(6)(A) Any hours of training or mentoring Starts.’’ the agency determines that the employment of employees by any limited time appointee The PRESIDING OFFICER. Without of the annuitant is necessary to— employed under this subsection shall not be objection, it is so ordered.

VerDate Nov 24 2008 02:21 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2009 CONGRESSIONAL RECORD — SENATE S6133 COMMITTEE ON COMMERCE, SCIENCE, AND AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND ate completes its business today, it ad- TRANSPORTATION PRIVATE SECTOR PREPAREDNESS AND INTE- journ until 9:30 a.m., tomorrow, Thurs- Mr. MERKLEY. Mr. President, I ask GRATION day, June 4; that following the prayer unanimous consent that the Com- Mr. MERKLEY. Mr. President, I ask and pledge, the Journal of proceedings mittee on Commerce, Science, and unanimous consent that the Ad Hoc be approved to date, the morning hour Transportation be authorized to meet Subcommittee on State, Local, and be deemed expired, the time for the two during the session of the Senate on Private Sector Preparedness and Inte- leaders be reserved for their use later Wednesday, June 3, 2009, at 2:30 p.m., in gration of the Committee on Homeland in the day, and there be a period of Security and Governmental Affairs be room 106 of the Dirksen Senate office morning business for 1 hour, with Sen- authorized to meet during the session building. ators permitted to speak for up to 10 of the Senate on Wednesday, June 3, The PRESIDING OFFICER. Without minutes each with the time equally di- 2009, at 2 p.m. to conduct a hearing en- objection, it is so ordered. vided and controlled between the two titled, ‘‘Pandemic Flu: Closing the COMMITTEE ON FOREIGN RELATIONS Gaps.’’ leaders or their designees, with the Re- Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. Without publicans controlling the first half and unanimous consent that the Com- objection, it is so ordered. the majority controlling the second half; further, I ask following morning mittee on Foreign Relations be author- SUBCOMMITTEE ON READINESS AND ized to meet during the session of the MANAGEMENT SUPPORT business the Senate resume consider- Senate on Wednesday, June 3, 2009, at Mr. MERKLEY. Mr. President, I ask ation of H.R. 1256, the Family Smoking 11 a.m. unanimous consent that the Com- Prevention and Tobacco Control Act. The PRESIDING OFFICER. Without mittee on Armed Services Sub- The PRESIDING OFFICER. Without objection, it is so ordered. committee on Readiness and Manage- objection, it is so ordered. ment Support be authorized to meet COMMITTEE ON FOREIGN RELATIONS during the session of the Senate on f Mr. MERKLEY. Mr. President, I ask Wednesday, June 3, 2009, at 10 a.m. PROGRAM unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Foreign Relations be author- objection, it is so ordered. Mr. SCHUMER. Mr. President, to- ized to meet during the session of the SUBCOMMITTEE ON STRATEGIC FORCE morrow we will resume consideration Senate on Wednesday, June 3, 2009 at Mr. MERKLEY. Mr. President, I ask of the tobacco regulation bill; the 2:30 p.m. unanimous consent that the Sub- Burr-Hagan substitute amendment is The PRESIDING OFFICER. Without committee on Strategic Forces of the pending and we hope to reach agree- objection, it is so ordered. Committee on Armed Services be au- ment to vote in relation to it tomorrow COMMITTEE ON HOMELAND SECURITY AND thorized to meet during the session of morning. Senators will be notified GOVERNMENTAL AFFAIRS the Senate on Wednesday, June 3, 2009, when any votes are scheduled. Mr. MERKLEY. Mr. President, I ask at 2:30 p.m. f unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. mittee on Homeland security and Gov- ADJOURNMENT UNTIL 9:30 A.M. SPECIAL COMMITTEE ON AGING ernmental Affairs be authorized to TOMORROW meet during the session of the Senate Mr. MERKLEY. Mr. President, I ask on Wednesday, June 3, 2009, at 10 a.m. unanimous consent that the Special Mr. SCHUMER. If there is no further The PRESIDING OFFICER. Without Committee on Aging be authorized to business to come before the Senate, I objection, it is so ordered. meet during the session of the Senate ask unanimous consent it adjourn on June 3, 2009, from 2 p.m. to 4 p.m. in under the previous order. COMMITTEE ON THE JUDICIARY Hart 216 for the purpose of conducting There being no objection, the Senate, Mr. MERKLEY. Mr. President, I ask a hearing. at 7:55 p.m., adjourned until Thursday, unanimous consent that the Com- The PRESIDING OFFICER. Without June 4, 2009, at 9:30 a.m. mittee on the Judiciary be authorized objection, it is so ordered. f to meet during the session of the Sen- f ate on June 3, 2009, at 10 a.m. in room SD–226 of the Dirksen Senate Office DISCHARGE AND REFERRAL—S. NOMINATIONS Building, to conduct a hearing entitled 1144 Executive nominations received by ‘‘The Uniting American Families Act: Mr. SCHUMER. Mr. President, I ask the Senate: Addressing Inequality in Federal Im- unanimous consent that the bill S. 1144 DEPARTMENT OF STATE migration Law.’’ be discharged from the Committee on LAURIE SUSAN FULTON, OF VIRGINIA, TO BE AMBAS- The PRESIDING OFFICER. Without Commerce, Science, and Transpor- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF objection, it is so ordered. tation and that it be referred to the THE UNITED STATES OF AMERICA TO DENMARK. Committee on Banking, Housing, and DEPARTMENT OF THE TREASURY PERSONNEL SUBCOMMITTEE Urban Affairs. DANIEL M. TANGHERLINI, OF THE DISTRICT OF COLUM- Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. Without BIA, TO BE AN ASSISTANT SECRETARY OF THE TREAS- unanimous consent that the Personnel objection, it is so ordered. URY, VICE PETER B. MCCARTHY, RESIGNED. Subcommittee of the Committee on DANIEL M. TANGHERLINI, OF THE DISTRICT OF COLUM- f BIA, TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF Armed Services be authorized to meet THE TREASURY, VICE PETER B. MCCARTHY, RESIGNED. during the session of the Senate on ORDERS FOR THURSDAY, JUNE 4, DEPARTMENT OF LABOR Wednesday, June 3, 2009, at 2:30 p.m. 2009 RAYMOND M. JEFFERSON, OF HAWAII, TO BE ASSIST- The PRESIDING OFFICER. Without ANT SECRETARY OF LABOR FOR VETERANS’ EMPLOY- Mr. SCHUMER. Mr. President, I ask MENT AND TRAINING, VICE CHARLES S. CICCOLELLA, RE- objection, it is so ordered. unanimous consent that when the Sen- SIGNED.

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HONORING MARK COHN’S 80TH Beth Ashley, of Marin County, California. Beth often trading and competing in discoveries that BIRTHDAY AND HIS DEDICATION is retiring from the Marin Independent Journal, have both improved efficiency and lowered TO SACRAMENTO COUNTY IJ, after 35 years of passionate and thoughtful costs industry-wide; and writing that has made her a community institu- Whereas, Clow Water Systems recently ex- HON. DORIS O. MATSUI tion. panded their industry even further, exporting OF CALIFORNIA Beth’s news career began with school pipes to help in the effort to rebuild Iraq; now, newspapers, including editor of the Stanford therefore, be it IN THE HOUSE OF REPRESENTATIVES Daily. At the Marin IJ, she has served in many Resolved, that along with their friends and Wednesday, June 3, 2009 roles, most recently as a feature writer. Her family, and the residents of the 18th Congres- Ms. MATSUI. Madam Speaker, I rise today columns reflected her immersion in many as- sional District, I congratulate Clow Water Sys- to honor Mr. Mark Cohn for his sixty years of pects of county life as well as her foreign trav- tems Company on their 100 Year Anniversary. service and devotion to the Mosaic Law Con- els. From Moscow during the early years of Their dedication to quality products and cus- gregation and the greater Sacramento com- Glasnost to Afghanistan and Iran, her trips tomer service has made them a dependable munity. On May 31st, the Mosaic Law Con- tended to focus on the humanitarian struggles pillar of the Coshocton community. gregation celebrated Mr. Cohn’s 80th birthday in troubled areas of the world. Her compas- f and honored him for his immeasurable dedica- sionate heart shines through all her work. tion to the people of Sacramento. As Mr. From raising five sons to serving on non- IN RECOGNITION OF JACK E. Cohn’s friends, family and colleagues gather profit boards in Marin County, Beth has had a SINGLEY AND HIS DEDICATED to pay tribute to his lifelong achievements, I very full life in addition to her IJ duties. Now SERVICE TO IRVING INDE- ask that all my colleagues join me in honoring 83, she writes that ‘‘it’s hard to act the intrepid PENDENT SCHOOL DISTRICT this inspirational individual. girl reporter, especially when I totter a bit After proudly serving his country in the U.S. when I walk and can hardly see, hear or HON. PETE SESSIONS Air Force from the late 1940s to the early speak coherently to boot.’’ But she assures us OF TEXAS 1950s, Mr. Cohn returned to Sacramento and she has ‘‘loved every minute. I only wish I’d IN THE HOUSE OF REPRESENTATIVES started his Kustom Kitchens design business. done more.’’ Wednesday, June 3, 2009 Since the inception of Kustom Kitchens, Mr. Beth has done more in her career than most Cohn has received numerous residential de- of us can dream of. The community will miss Mr. SESSIONS. Madam Speaker, I rise signs awards which have been publicized in her regular features, but we still expect to see today to honor Mr. Jack E. Singley, former Su- many local and national publications, such as her around town enjoying her new adven- perintendent of the Irving Independent School the Sacramento Bee and Sacramento Maga- ture—she will be remarrying in a few months. District (IISD). zine. Madam Speaker, Beth Ashley’s work has Mr. Singley first joined Irving ISD as a math Despite the demands and immense time expressed the heart and soul of Marin County. teacher at MacArthur High School in 1965. commitment it takes to run a successful busi- It has been an honor and delight to read her Over the past forty-four years, he has served ness, Mr. Cohn continues to give back to the columns and to know her as a friend. I wish in various roles from teacher to vice principal Sacramento community. A few of the many or- her the best of luck in her retirement and in to personnel director to Superintendent. Upon ganizations Mr. Cohn has volunteered his time her new marriage. taking the reins as Superintendent in 1988, Ir- to includes the YWCA, Stanford Home Foun- f ving ISD has undergone tremendous change. Irving ISD added eight schools, enrollment dations, B’nai Brith, and 4 Robinhoods. ‘‘He PERSONAL EXPLANATION takes on any challenge and never lets any- grew from 21,887 to 33,233 students, over thing get in the way of the big picture,’’ said 30,000 students graduated from high schools, his wife Dianne Cohn, ‘‘he never seems to run HON. TRENT FRANKS and employees increased from 2,309 to 4,177. out of energy.’’ For example, from 1991 to OF ARIZONA He exhibited great leadership skills and car- 1995, Mr. Cohn served as President of the IN THE HOUSE OF REPRESENTATIVES ried out his vision to improve Irving ISD, help- Mosaic Law Congregation, managed his Wednesday, June 3, 2009 ing students achieve their full potential. Aside Kustom Kitchens business and served on var- Mr. FRANKS of Arizona. Madam Speaker, from being one of the longest serving Super- ious non-profit boards. on rollcall No. 292, I was unavoidably de- intendents in the State of Texas, Jack will be Mr. Cohn continues to be an incredibly ac- tained. Had I been present, I would have remembered for his commitment to public edu- tive gentleman, walking the Great Wall of voted ‘‘yes.’’ cation and dedicated service to Irving ISD. He China at the age of 73, and skydiving at the has touched countless lives and will be greatly f ages of 75 and 80! Throughout his life, Mr. missed. Cohn has shown substantial leadership skills, A PROCLAMATION HONORING Madam Speaker, I ask my esteemed col- strength, innovation, and passion. He is a man CLOW WATER SYSTEMS COM- leagues to join me in congratulating Mr. we can all look up to. PANY’S 100 YEAR ANNIVERSARY Singley for devoting his career to public edu- Madam Speaker, as Mark Cohn, his wife OF PROVIDING UNINTERRUPTED cation and expressing our heartfelt gratitude Dianne and children Shelli, Lanie, Nelson, AND DEDICATED SERVICE for his forty-four years of service to Irving ISD. Larry, and Scott, along with his many friends f and colleagues gather to celebrate Mr. Cohn’s HON. ZACHARY T. SPACE MEDIA SHOW 80th birthday, I ask all my colleagues to join OF OHIO me in saluting him. IN THE HOUSE OF REPRESENTATIVES HON. LAMAR SMITH f Wednesday, June 3, 2009 OF TEXAS HONORING BETH ASHLEY Mr. SPACE. Madam Speaker: IN THE HOUSE OF REPRESENTATIVES Whereas, Clow Water Systems was found- Wednesday, June 3, 2009 HON. LYNN C. WOOLSEY ed on March 17, 1910 in the city of OF CALIFORNIA Coshocton; and Mr. SMITH of Texas, Madam Speaker, IN THE HOUSE OF REPRESENTATIVES Whereas, Clow Water Systems has grown Judge Sotomayor has yet to answer a ques- from a two-man operation to employing more tion at a confirmation hearing, but the national Wednesday, June 3, 2009 than 350 workers; and media’s verdict already is in. Ms. WOOLSEY. Madam Speaker, I rise with Whereas, Clow Water Systems has been at Network evening newscasts used the term pleasure today to honor my long-time friend, the cutting edge of pipe and fitting production, ‘‘conservative’’ to describe Judge Sotomayor’s

∑ 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 Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.001 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1288 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 critics more often than they used the term ‘‘lib- panying her daughter, a high school senior, implement their plans and ensure that the care eral’’ to describe Judge Sotomayor herself, de- home after accepting a college scholarship so systems created are both comprehensive and spite her very liberal record. that she could attend Columbia University in sustainable. Finally, the legislation will create And there is a clear double standard in the the fall. a Committee of Federal Partners. The Com- media’s coverage of Judge Sotomayor com- She lived as she died, protecting and help- mittee will include representatives from all pared to President Bush’s nominees. ing the future of the hardworking Hispanic agencies that serve young adults as well as After they were nominated, the national youth that she loved so dearly. representatives from consumer and family ad- media referred to Justice Alito and Justice I wish Maria Liliana Carrillo a speedy recov- vocacy organizations. The Federal Partners Roberts as ‘‘conservative’’ far more frequently ery and my thoughts and prayers are with the will evaluate the states’ programs, provide than they have labeled Judge Sotomayor ‘‘lib- Carrillo family. technical assistance, and report to Congress eral.’’ f on the progress being made. In addition, the national media have her- It has become increasingly difficult for young alded Judge Sotomayor’s impressive life story, INTRODUCING THE HEALTHY adults to navigate our current fragmented despite ignoring the similar personal story of TRANSITIONS ACT OF 2009 mental health system. The Healthy Transitions former Attorney General Alberto Gonzales dur- Act aims to fill the cracks in the system by co- ing his confirmation. HON. FORTNEY PETE STARK ordinating the work of federal, state, and local The national media should set aside bias OF CALIFORNIA partners. It is our social responsibility to help and treat Judge Sotomayor the same way IN THE HOUSE OF REPRESENTATIVES these youth develop into successful, inde- they treated previous nominees. Wednesday, June 3, 2009 pendent adults. I hope all of my colleagues f can recognize the importance of investing in Mr. STARK. Madam Speaker, I rise today our young people and will support this legisla- HONORING THE LIFE OF MARIA with Representatives MARY BONO MACK and tion. ESTHER CARRILLO, FOUNDER OF DAVE CAMP to introduce bipartisan legislation f THE HISPANIC-AMERICAN INTER- aimed at addressing the unique needs of CULTURAL WORKSHOP, FORMER young people with serious mental illness. This COMMEMORATING 20TH ANNIVER- MEMBER OF THE MAYOR’S HIS- legislation will provide comprehensive support SARY OF THE TIANANMEN PANIC ADVISORY COUNCIL, for youth so that they can transition into SQUARE SUPPRESSION FOUNDER OF THE HISPANIC healthy and successful adults. YOUTH VOICE OF TAMPA AND Young adults suffering from mental illness SPEECH OF FORMER DIRECTOR OF THE fall through the cracks far too often. Last year, HON. EARL BLUMENAUER TAMPA HISPANIC HERITAGE INC. former Senator Gordon Smith and I requested OF OREGON a report from the Government Accountability IN THE HOUSE OF REPRESENTATIVES HON. KATHY CASTOR Office (GAO) examining the challenges facing Tuesday, June 2, 2009 OF FLORIDA this population. The results were very trou- IN THE HOUSE OF REPRESENTATIVES bling. As of 2006, approximately 2.4 million Mr. BLUMENAUER. Madam Speaker, hav- young adults age 18–26 in America had a se- ing just returned from a week in China with Wednesday, June 3, 2009 rious mental illness and another 9.3 million Speaker Pelosi, I am glad to more fully appre- Ms. CASTOR of Florida. Madam Speaker, I suffered with a moderate or mild mental ill- ciate the country’s tremendous scope, popu- rise today to herald the life and philanthropic ness. This population has significantly higher lation, the vast and varied landscape, and its contributions of Maria Esther Carrillo, and to rates of unemployment, incarceration, suicide, rich history. Although the focus was on global express our gratitude for her achievements in inadequate housing, as well as lower rates of warming and the environment and the impres- the Tampa Bay area as a passionate commu- continuing education. sive progress China has made to adjust its nity activist and educational leader. There is no coherent federal policy to ad- policies, the subject of human rights was Carrillo and her husband Francisco escaped dress this issue and our system is fragmented. never far from the surface. a violent Colombia, controlled by Marxist gue- The GAO found that many youth lose mental In Tiananmen Square I was taken back to rillas and drug cartels, to settle in Tampa in health coverage or have their coverage dis- the monumental events of 20 years ago and 1990; only five years after graduating from rupted when they turn 18, and are unable to their tragic conclusion. It is sobering to under- The University of the Andes in 1985. Carrillo find age-appropriate services in the adult men- stand how intensely the Chinese government immediately identified with the strong Hispanic tal health system. As a result, many young suppresses any mention or image of the culture in Tampa. She made it her life’s work adults are adrift without services, support, or Tiananmen Square massacre. So much so to focus on improving the education of those guidance. that today there is virtually no knowledge of around her. She sought to bridge English and The dysfunctional mental health system de- these events on the part of the young. Hispanic cultures by introducing multicultural scribed by GAO has had a particularly harsh That is why it is so important for Congress studies in language and heritage. Through her impact on vulnerable youth, such as those to mark this observance: to give knowledge to work with the Tampa Hispanic Heritage Inc., aging out of foster care. A national survey those with no memory and to give hope to Carrillo was able to bridge communities of His- found that foster youth were four times more those that do remember. It is critical that those panic and non-Hispanic citizens through likely to have attempted suicide in the pre- who risked so much, those who died or who countless cultural celebrations and in so doing ceding year when compared to those never were persecuted, are celebrated for their cour- fusing together diverse groups within the placed in foster care. Another study found that age. It is my hope that one day the Chinese Tampa area. these youth suffer from Post Traumatic Stress people will have the freedom they deserve. Carrillo’s faith and fervor in a multicultural Disorder at rates similar to Iraq War veterans. f Tampa, led to the foundation of the Taller We cannot let this cycle of neglect continue. Intercultural Hispano-Americano (TICH) in We developed the Healthy Transitions Act in COMMEMORATING 20TH ANNIVER- 1998. Her non-profit was established to cham- response to GAO’s findings that exposed the SARY OF THE TIANANMEN pion the coexistence of diverse groups; to critical gaps in age-appropriate mental health SQUARE SUPPRESSION educate, share and enjoy other cultures and and supportive services for young adults. This heritage. Carrillo, the Founder-Director, legislation builds on the successful Partnership SPEECH OF amassed sponsorships for a free festival that for Youth in Transition Demonstration Program HON. RUSH D. HOLT emphasized dance, folklore, food, culture, life- and will allow the Substance Abuse and Men- OF NEW JERSEY style and art for the Tampa community. tal Health Services Administration (SAMHSA) IN THE HOUSE OF REPRESENTATIVES Her core beliefs were founded in the limit- to expand their efforts to assist states in serv- less potential of the next generation and it is ing young people with mental illness. It will Tuesday, June 2, 2009 with her commitment that her intrinsic reaction provide grant funding to states to develop Mr. HOLT. Madam Speaker, I rise today in was not surprising. Sacrificing herself, Maria statewide coordination plans that will assist support of H. Res. 489, recognizing the twen- Esther Carrillo moved her body into harm’s adolescents and young adults with serious tieth anniversary of the Tiananmen Square way, allowing her maternal instinct to shield mental health disorders in making a healthy crackdown. In June of 1989, the Chinese gov- her daughter from the out of control truck in transition into adulthood. The bill will also pro- ernment unnecessarily applied the heavy hand Miami, Florida. The proud mother was accom- vide grant funding for states to successfully of the People’s Liberation Army to violently

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.004 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1289 suppress peaceful demonstrators who were activities of daily living. In fact, osteoarthritis of Sts. Vartanantz today stands as a beacon of calling for an elimination of corruption, the ex- the knee is one of the leading causes of dis- Armenian American community life in Bergen pansion of freedoms, and progress toward po- ability among non-institutionalized adults. As County with its Sunday school, the Nareg Sat- litical and economic reforms. Twenty years an indication of the seriousness of this dis- urday Armenian School, the ladies guild, the later, there still has been no accurate account- ease, hospitalizations for osteoarthritis also men’s club, the seniors groups, and several ing of those who were killed or injured, and we are on the rise, increasing from about 322,000 cultural, youth, educational, and fraternal orga- do not know how many hundreds or thou- in 1993 to 735,000 in 2006. nizations working to perpetuate the Armenian sands of activists remain imprisoned. But we Fortunately, there are a range of treatments faith and heritage. do know that thousands living in exile and mil- available that can help many individuals with I extend my congratulations to the pastor, lions living in China are unable to freely ex- osteoarthritis reduce the pain they experience, Rev. Fr. Hovnan Bozoian, the Board of Trust- press themselves in their home country, where minimize damage to their joints, and improve ees, and all members and friends of Sts. censorship and repression still drown out their physical functions. In some cases, these Vartanantz and wish them many more years peaceful calls for reform. treatments involve lifestyle modifications, such of growth and service to the Armenian Amer- The People’s Republic of China is a proud as exercise and weight loss. In other cases, ican community. nation that increasingly is taking its place on physical therapy or medications can lead to I sincerely hope that my colleagues will join the world stage. But if China wants to be fully improvements. And even in the more ad- me in celebrating the 50th anniversary of Sts. integrated into the community of nations, it vanced cases of osteoarthritis, including those Vartanantz Church for its contributions to the must recognize that the persecution of peace- that have not responded to other treatments, Armenian American residents of Bergen Coun- ful movements is unacceptable, and it must surgical intervention, including debridement, ty, as well the larger Armenian American com- act to reverse the objectionable and counter- resurfacing, and total joint replacement, can munity in the United States. productive policies exemplified by the relieve pain and improve joint function. f Tiananmen Square crackdown. Violations of Given the prevalence of osteoarthritis human rights and international standards of among the elderly, it is especially important for PERSONAL EXPLANATION law are not behavior consistent with a modern senior citizens to know that Medicare covers a nation that wants to contribute to the world of wide range of osteoarthritis treatments. Doc- HON. HOWARD COBLE international exchange, global trade, and aca- tor’s visits, physical therapy, and surgical pro- OF NORTH CAROLINA demic cooperation. cedures, including total joint replacement sur- IN THE HOUSE OF REPRESENTATIVES The freedoms of expression and assembly gery, all may be covered by Medicare if medi- Wednesday, June 3, 2009 are universal rights, and the flames of these cally appropriate. It is also important to ensure Mr. COBLE. Madam Speaker, yesterday my liberties burn in all mankind. Today, we speak that Medicare beneficiaries with advanced OA for the brave voices who were wrongfully si- flight was cancelled due to weather and I do not forgo medically necessary joint replace- missed the three suspension votes. lenced 20 years ago, for the families who ment procedures because of concerns about have been unable to publicly mourn the loss On rollcall No. 292—H. Res. 421—Recog- copayments, since pain and disability can get of their loved ones, and for all those who con- nizing and commending the Great Smoky progressively worse when such procedures tinue to stand up for free expression in China Mountains National Park on its 75th year anni- are delayed. In fact, most Medicare bene- and around the world. I fervently hope that this versary, I would have voted ‘‘aye.’’ ficiaries have supplemental coverage, such as effort will hasten the day that the unfettered On rollcall No. 293—H.J. Res. 40—Native Medigap or employer-provided insurance, to voices of the Chinese people may be heard in American Heritage Day Act of 2009, I would help pay the premium, deductible, and coin- Tiananmen Square and throughout China. For have voted ‘‘aye.’’ surance associated with joint replacement sur- though freedom’s flames may be smothered, On rollcall No. 294—H. Res. 489—Recog- gery. Fear about copayments should not stand its smoldering embers will always prod ice, as nizing the 20th anniversary of the brutal sup- in the way of a beneficiary obtaining relief Martin Luther King put it, a certain kind of fire pression of protesters and citizens in and from this painful and debilitating disease. that no water can put out. around Tiananmen Square, I would have Whether it be National Arthritis Awareness voted ‘‘aye.’’ f month or any month, individuals with arthritis f IN HONOR OF NATIONAL ARTHRI- should take the opportunity to talk to their doc- TIS MONTH AND THE MILLIONS tors about lifestyle changes and other treat- RECOGNIZING 65TH ANNIVERSARY OF AMERICANS LIVING WITH AR- ments available to help them manage their OF ALLIED LANDING ON D-DAY THRITIS condition. With appropriate care, individuals with arthritis can take steps to live active, pain HON. TED POE HON. FRANK PALLONE, JR. free lives. OF TEXAS OF NEW JERSEY f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE 50TH ANNIVER- Wednesday, June 3, 2009 Wednesday, June 3, 2009 SARY OF STS. VARTANANTZ AR- Mr. POE of Texas. Madam Speaker, ‘‘We Mr. PALLONE. Madam Speaker, I rise today MENIAN APOSTOLIC CHURCH OF shall not flinch or fail. We shall go on to the to recognize that last month was National Ar- RIDGEFIELD, NEW JERSEY end. . . . We shall fight on the seas and thritis Awareness Month. This commemoration oceans. We shall fight with growing strength in provided an important opportunity to discuss HON. STEVEN R. ROTHMAN the air. We shall defend . . . whatever the the serious impact of arthritis, particularly for OF NEW JERSEY cost may be. We shall fight on the beaches. older Americans, and to highlight the range of IN THE HOUSE OF REPRESENTATIVES We shall fight on the landing grounds. We treatments available to improve the health and shall fight in the fields and in the streets. We Wednesday, June 3, 2009 quality of life of individuals with arthritis. How- shall fight everywhere. We shall never sur- ever, just because May is over, doesn’t mean Mr. ROTHMAN. Madam Speaker, I rise render.’’ our awareness of arthritis and the millions of today to honor the 50th anniversary of Sts. Winston Churchill said this showing the Americans living with arthritis should be any Vartanantz Armenian Apostolic Church of dedication of our armed forces. They never less diminished. Ridgefield, New Jersey. give up; and, of course, they never give in. The term arthritis describes more than 100 On May 19, 1957, a community’s dream Churchill was right, Madam Speaker. In diseases and conditions affecting the joints. began to take shape. On that day, ground was WWII, American troops did not flinch—they The most common form of arthritis is osteo- broken for what was then known as the Arme- fought wherever and whenever they were. arthritis, which is a painful chronic condition nian Apostolic Church of New Jersey. In two needed—to the very end. characterized by the breakdown of the joint’s short years, the Armenian American commu- For many young Americans, 31,000, to be cartilage. Osteoarthritis affects almost 27 mil- nity of Bergen County came together and specific, that courage took them to the beach- lion Americans. Older Americans are particu- raised the necessary funds to realize the es of Normandy, France. larly impacted by this disease, with a third of dream of building a church. And for more than 6,000 Americans that the population 65 and older affected by osteo- On May 3, 1959, the church was con- meant giving everything they had for the arthritis. secrated by His Eminence Archbishop Khoren cause of liberty and freedom. Osteoarthritis limits the movement of most Paroyian, Nuncio of His Holiness Zareh I, This July 6th marks the 65th anniversary of patients, and can seriously interfere with basic Catholicos of the Great House of Cilicia. the infamous D-day.

VerDate Nov 24 2008 05:31 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.008 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1290 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 I am a proud cosponsor of the resolution RECOGNIZING THE POLK COUNTY nized 18 times by local and national groups before the House today which expresses the CHAMBER OF COMMERCE for their innovation and excellence since 1993. gratitude and appreciation of the House of Most recently, they were awarded the Project Representatives for the acts of heroism and HON. PHIL GINGREY of the Year by the Minnesota Construction As- military achievement of all the Members of the OF GEORGIA sociation for the Kennedy Community School Armed Forces who participated in the D-day IN THE HOUSE OF REPRESENTATIVES in St. Joseph, Minnesota. This school is the landings on Normandy beach. pride of the community and one of the first These brave warriors went to war to liberate Wednesday, June 3, 2009 Leader in Energy and Environmental Design Europe for the cause of freedom. Mr. GINGREY of Georgia. Madam Speaker, (LEED) certified schools in the nation. When I The average age of the brave young war- I rise today to recognize a delegation, from my toured the Kennedy Community School I was riors representing the United States on those district that has traveled to Washington rep- impressed by the amount of thought that went shores was just 20 years old. resenting Polk County, Georgia and its Cham- into making it not only an innovative facility, They might have been young Madam ber of Commerce. The delegation includes but a welcoming place in which children could Speaker, but their leadership and their com- representatives from the Chamber, elected of- learn. mitment to freedom marked the beginning of ficials from the City of Cedartown, elected offi- I rise today, Madam Speaker, to honor the the liberation of France and ultimately cul- cials from the City of Rockmart, county elected tireless efforts of the employees at Winkelman minated in the destruction of the Nazi Empire officials, as well as local business leaders. Building Corporation that have brought this and the triumph of the Allied Forces. Located just outside metro Atlanta on the company four decades of success. The back- I am pleased to speak in support of the res- Georgia-Alabama line, Polk County offers a bone of our local and national economies is olution today and urge all my colleagues to number of great opportunities for both resi- America’s small businesses, and through good support this important legislation. dents and businesses that are looking to lo- times and bad, companies like Winkelman are And that’s just the way it is. cate to Georgia. However, like counties across pulling through with resolve and optimism. I f America, Polk County and its citizens are fac- join other community and business leaders in ing their own economic challenges. For this HONORING THE JHPIEGO GROUP St. Cloud in looking forward to another 40 reason, this delegation has come to Wash- years of groundbreakings, grand openings and ington to advocate on behalf of their commu- award celebrations. HON. C.A. DUTCH RUPPERSBERGER nity and to discuss both the potential positive OF MARYLAND and negative impact that actions here in f IN THE HOUSE OF REPRESENTATIVES Washington can have not just on Polk County, Wednesday, June 3, 2009 but on all of our Nation’s communities. FAA REAUTHORIZATION ACT OF I want to take this opportunity to commend 2009 Mr. RUPPERSBERGER. Madam Speaker, I the Polk County Chamber of Commerce for rise before you today to honor the JHPIEGO taking this proactive approach in representing Group for its continuing efforts in preventing the best interests of the people of Northwest SPEECH OF the deaths of women and children around the Georgia. I look forward to our visit as we con- globe, on its 35th Anniversary. tinue to work together to facilitate a stronger HON. JIM MATHESON For two and a half decades, the JHPIEGO and even more economically vibrant Polk OF UTAH Group has brought medical innovations into County. common practice for the worlds most vulner- IN THE HOUSE OF REPRESENTATIVES f able populations in order to bring high-quality Thursday, May 21, 2009 medical services to these areas. While they PERSONAL EXPLANATION began as a group of technical experts in re- The House in Committee of the Whole productive, maternal, and children’s health, HON. TRENT FRANKS House on the State of the Union had under they have expanded their purpose by embrac- consideration the bill (H.R. 915) to amend OF ARIZONA ing new challenges, including education of title 49, United States Code, to authorize ap- IN THE HOUSE OF REPRESENTATIVES HIV/AIDS prevention, malaria, and cervical propriations for the Federal Aviation Admin- Wednesday, June 3, 2009 istration for fiscal years 2009 through 2012, to cancer. improve aviation safety and capacity, to pro- In its continuing mission to save lives Mr. FRANKS of Arizona, Madam Speaker, vide stable funding for the national aviation around the world, the JHPIEGO Group has on rollcall No. 293, I was unavoidably de- system, and for other purposes: become an innovator of healthcare treatments, tained. Mr. MATHESON. Mr. Chairman, I rise today a leader in sustainable healthcare systems, Had I been present, I would have voted to speak in support of Navigational Aids fund- and a voice around the world advocating for ‘‘yes.’’ ing for the new St. George airport in Utah. the advancement of policies and programs de- f signed to improve healthcare the world over. I would like to thank Chairman OBERSTAR They have become a model for similar institu- HONORING WINKELMAN BUILDING and the T&I committee staff for working on tions worldwide by providing data, research CORPORATION OF ST. CLOUD, this important piece of legislation. and training. MINNESOTA, FOR 40 YEARS OF Last October, the City of St. George broke The JHPIEGO Group provides front-line EXCELLENCE ground on the construction of a new replace- healthcare workers with effective, low cost, ment airport—this is the only airport in the and hands on solutions designed to enhance HON. MICHELE BACHMANN country currently being built. While the FAA the delivery of health care services in difficult OF MINNESOTA has committed to funding a large portion of environments. By partnering with organizations IN THE HOUSE OF REPRESENTATIVES the project, they did not provide enough fund- from the local to national level, the JHPIEGO ing for critical navigational equipment. Wednesday, June 3, 2009 Group has been successful in building sustain- Given the difficult mountainous terrain and able local capacity healthcare reforms through Mrs. BACHMANN. Madam Speaker, I rise the need to avoid flying over two National advocacy, policy development, and quality im- today to honor Winkelman Building Corpora- Parks—Zion and the Grand Canyon—naviga- provement approaches. Over the course of tion on its 40th anniversary as a business tional equipment for the new airport is essen- this journey, the JHPIEGO Group has worked leader in the St. Cloud community. Success at tial for public safety. in 150 countries and is currently running 60 their level of expertise could not have been programs in 40 countries. achieved without hard work, long hours, and In April, Transportation Secretary Ray Madam Speaker, I ask that you join with me many sacrifices. I know that everyone at LaHood committed to the City that FAA would today to honor the JHPIEGO Group on this Winkelman Building Corporation can be very fully fund the navigational aids component of memorable occasion. Their dedication to im- proud of the accomplishment that brings them the airport. proving the quality of life of people around the together at this milestone. I would like to thank the Secretary for un- world has provided life saving health care and Winkelman Building Corporation has been dertaking this commitment. I stand ready to opportunities for medical advancement that working with communities across the nation to work with the FAA, DOT, and the T&I com- have made a positive difference in the global build structures that serve a purpose and mittee to make sure funding is provided in community. make a statement. They have been recog- order to open the new airport on time.

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.012 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1291 A TRIBUTE TO JANE HAGEDORN Hagedorn continued good fortune in her future nity and the common good. As long as in- endeavors. equality and suffering persist in our nation and HON. DORIS O. MATSUI f in the world, our work is incomplete. This me- OF CALIFORNIA morial not only looks back to the dreams de- DEDICATION OF THE LIGHT OF IN THE HOUSE OF REPRESENTATIVES ferred by locked schoolhouse doors, but also RECONCILIATION MEMORIAL IN forward to a better nation, one of ever-expand- Wednesday, June 3, 2009 PRINCE EDWARD COUNTY, VIR- ing opportunity for all. Martin Luther King Jr. Ms. MATSUI. Madam Speaker, I rise today GINIA once said, ‘‘Darkness cannot drive out dark- in recognition of Jane Hagedorn’s 33 years of ness; only light can do that.’’ Let this light in service as Chief Executive Officers of Breathe HON. THOMAS S.P. PERRIELLO Prince Edward County, Virginia be a perma- California of Sacramento-Emigrant Trails, Inc. OF VIRGINIA nent reminder of our ongoing struggle for a As Jane retires, she leaves a lasting legacy of IN THE HOUSE OF REPRESENTATIVES fairer world. dedication and commitment to the Sacramento Wednesday, June 3, 2009 f region. After decades of service, her leader- ship and expertise will be deeply missed by Mr. PERRIELLO. Madam Speaker, today I CONGRATULATING WAR HERO IRA all. I ask all my colleagues to join me in hon- wish to commemorate the official unveiling WEINSTEIN ON HIS 90TH BIRTH- oring one of Sacramento’s finest public serv- and dedication of the Light of Reconciliation DAY ants. Memorial in Prince Edward County, Virginia. After earning her bachelor’s degree with The Light of Reconciliation, in the bell tower of HON. MARK STEVEN KIRK honors in political science from the University the Prince Edward County Courthouse, is a OF ILLINOIS of North Carolina at Chapel Hill, and her mas- permanent monument created to honor the IN THE HOUSE OF REPRESENTATIVES ter’s degree in International Relations and memory of the historic events in Prince Ed- Wednesday, June 3, 2009 ward County during the era of public school Latin American Studies from Johns Hopkins Mr. KIRK. Madam Speaker, I rise today in segregation, to recognize the role of local stu- School of Advanced International Studies, honor of the 90th birthday of Ira Weinstein. dents in ending school discrimination in Vir- Jane spent the last three decades advocating For almost 60 years Ira has been a resident ginia and across the United States and to call on behalf of the people of Sacramento for im- of Illinois’ 10th District, and currently lives in proved air quality. I met Jane when she first on each of us to shine our own Light of Rec- Glencoe, IL. We also take this time to com- came to Sacramento and have always been onciliation in the world. memorate Ira, a WWII hero and an ex-POW In 1951, a group of dedicated high school impressed by her intellect, compassion, and for his bravery and service to his country. desire to do what is right. She began her ca- students led by Barbara Rose Johns orga- Born in Chicago in 1919 to a family of mod- reer with Breathe California of Sacramento- nized a strike to protest the disgraceful condi- est means, Mr. Weinstein found his calling in Emigrant Trails, Inc, formerly known as Amer- tion of Robert Russa Moton High School in advertising when he worked for his high ican Lung Association of Sacramento Emi- Farmville, Virginia. The school lacked a gym- school newspaper. Unfortunately, his career grant Trails, in 1976. Under her leadership, nasium, a cafeteria, heat, desks, blackboards, aspirations were soon interrupted by the at- the association has developed innovative and in some cases even classrooms: a school tack on Pearl Harbor and America’s entrance clean air strategies which include creating the bus parked outside served as one classroom into World War II. Cleaner Air Partnership with the Chamber of for the overcrowded and underfunded school. In 1942, just before completing his training Commerce, bringing light rail to the Sac- The student strike ultimately led to Davis v. as a bombardier-navigator, he married Norma ramento area, and working toward clean air County School Board of Prince Edward Coun- Randall, a marriage that would last until her initiatives. Breathe California was also a ty, one of the five court cases that would death in 1995. While overseas, Ira was based strong proponent of Proposition 99, Califor- make up Brown v. Board of Education. The with the 702nd Squadron in the 445th Bomb nia’s tax initiative to reduce smoking. Davis case was the only one of the five to Group of the famed 8th Air Force. He flew two Her dedication to our community is apparent arise from student activism. Following the Su- dozen harrowing missions, each time taking through her work both with Breathe California preme Court’s decision that ‘‘separate edu- over the piloting duties of the massive B–24 and with other local non-profits. She serves on cational facilities are inherently unequal,’’ Liberator. the board of Tahoe Regional Planning Agen- Prince Edward County closed its public Trying to close out his quota of missions in cy, Arden Park and Recreation District, schools for the years of 1959 to 1964 rather order to go back home to his new bride, he Friends of Light Rail, Planning and Conserva- than allow black and white students to attend traded in his pass for the Jewish High Holi- tion League, Sacramento Tomorrow Coalition, school together. After five years and the Su- days to complete one more mission. What and the Sacramento Symphony. Additionally, preme Court decision in Griffin v. County was supposed to be a routine-mission became she was the first woman appointed to the Sac- School Board, the schools were finally re- the ill-fated Kassel mission—the greatest sin- ramento County Planning Commission, was opened and integrated. The Light of Reconcili- gle loss of men during the European air war. the founding President of the Sacramento ation and the memorial stand as both a re- On September 27, 1944, his B–24 was criti- Tree Foundation and is instrumental in the minder of the mistakes of the past and a cele- cally damaged by an enemy attack forcing him California Oak Foundation. Jane has chaired bration of the students from R.R. Moton High to evacuate the bombardier’s compartment the American River Parkway Funding Working School and from other schools across the while the aircraft was burning, falling to the Group and served on the Board of Directors of country who continued the fight for education ground in a dizzying flat spin. After a failed at- Valley Vision. She has taught at the University for all. tempt, he bailed out with little time to spare. of California, Davis Graduate School of Man- Today marks the 50th anniversary of the ac- Landing safely in the tree line, Ira watched the agement and has co-authored two books on tion that would close the Prince Edward Coun- locals pull his copilot out of the wreckage and historic preservation of native oaks in the Cen- ty public schools, one of the darkest moments pitchfork the man to death. tral Valley. Personally, I am honored to call of Virginia’s civil rights struggle. Acknowl- After 6 days of evading capture, Mr. Jane my friend. She has always been a pleas- edging this part our history is painful, and I Weinstein was forced to turn himself in to local ure to work with. Her thoughtfulness and intel- commend the Prince Edward County Board of authorities in Germany. For the better part of ligence has touched many policy debates and Supervisors for their courage in publicizing the following year, he was held prisoner in countless people’s lives. past transgressions against our fellow citizens Stalag Luft I in Barth, Germany, enduring bru- Madam Speaker, I am honored to pay trib- in hopes of preventing future ones. It is only tal and unthinkable conditions. On May 11, ute to Jane Hagedorn’s distinguished commit- in seeking truth about our past that we can 1945, the camp was liberated and for his her- ment to Sacramento and regions needs. hope to pursue justice for our future, and this oism Ira was awarded several medals, includ- Jane’s outstanding leadership and dedication memorial is a public expression of our re- ing the Purple Heart and the distinguished to Breathe California of Sacramento-Emigrant newed commitment to justice for all. French Croix de Guerre. Trails Inc, has helped promote clean air strate- On this occasion we are reminded that each Returning to Chicago, Mr. Weinstein took gies which has set an example for others of us is called to work to bring our nation clos- over a small advertising agency and grew it across the state nation. We all are thankful for er to its fundamental ideals of equality. If one into a nationally known direct marketing firm. her efforts. As Jane’s husband Jim, her chil- 16-year-old student can spark the protests that To those close to him, Ira was indefatigable, dren James and Jennifer, colleagues, family, would ultimately galvanize a nation in the inquisitive, and inspiring, a man of unques- and friends gather to honor her service, I ask cause of civil rights, we should all ask of our- tioned integrity, a loving father to two daugh- all my colleagues to join me in wishing Jane selves what we can do to fight for human dig- ters, Laura and Terri, a proud grandfather, a

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.018 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1292 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 cherished husband and a successful business- take part in this uniquely Ohioan historical With its funding drawn primarily from labor man acknowledged by his peers as a pioneer drama. union members and the Jewish community, in his field. Today, Ira is retired and remarried f the JLC focused its resources on saving to Mary Gandelman, with whom he continues unionists and other political prisoners from to travel the globe. A TRIBUTE TO THE CAMPBELLS- Nazi tyranny in Europe during World War II. On June 10, we pause to celebrate the 90th VILLE UNIVERSITY BASEBALL Alerting the world to the Nazi/Fascist threat, birthday of Ira Weinstein. I commend Ira for TEAM the JLC worked tirelessly with its labor affili- his hard work and determination throughout ates to defeat Hitler by organizing economic some of the most challenging moments in HON. BRETT GUTHRIE boycotts of German-made products and rais- American history. I hope that his story will OF KENTUCKY ing large amounts of money for anti-Nazi par- never be forgotten. IN THE HOUSE OF REPRESENTATIVES tisan fighters. Immediately following the war, f the JLC helped thousands of people, espe- Wednesday, June 3, 2009 cially war orphans, survive Displaced Persons PERSONAL EXPLANATION Mr. GUTHRIE. Madam Speaker, I rise today camps and emigrate to America and the then- to honor the Campbellsville University Base- forming state of Israel. HON. TIMOTHY V. JOHNSON ball Team on their outstanding performance Recognizing post-war changing labor pat- OF ILLINOIS this season. They demonstrated extraordinary terns, the JLC’s Western Region developed deep relationships with Latino, African Amer- IN THE HOUSE OF REPRESENTATIVES athletic and academic achievement that brought national attention to Campbellsville ican and Asian communities in Los Angeles, Wednesday, June 3, 2009 University, the Campbellsville and Taylor continuing the fight for social justice on polit- Mr. JOHNSON of Illinois. Madam Speaker, County communities, and all of Kentucky’s ical fronts. The JLC’s Western Region fought unfortunately last night, June 2, 2009, I was Second District. to elect minority candidates, gain fair housing, unable to cast my votes on H. Res. 421, H.J. Under the leadership of head coach eradicate racial discrimination, and defeat anti- Res. 40, and H. Res. 489 and wish the record Beauford Sanders and his staff, the Camp- labor campaigns. to reflect my intentions had I been able to bellsville University Baseball Team reached In 1949, the JLC’s Western Region worked vote. the National Association of Intercollegiate Ath- with the AFL Central Labor Council, the CIO Had I been present for rollcall No. 292, on letics (NAIA) World Series for the first time in Council, The Anti Defamation League, Amer- suspending the rules and passing H. Res. school history. The Tigers reached the NAIA ican Jewish Congress, the National Associa- 421, Recognizing and commending the Great World Series following a tremendous perform- tion for the Advancement of Colored People, Smoky Mountains National Park on its 75th ance by senior pitcher Bryan Fuller. Mr. Fuller Japanese American Citizens League, the year anniversary, I would have voted ‘‘Aye.’’ pitched 21 scoreless innings in 26 hours to Mexican-American oriented Community Serv- Had I been present for rollcall No. 293, on give the team three straight victories that pro- ices Organization, and many religious organi- suspending the Rules and passing H.J. Res. pelled them to the highest level of competition zations, to rally behind my father, the late 40, To honor the achievements and contribu- in their league. Congressman Edward Roybal, who was then tions of Native Americans to the United The team finished the season with a re- a Los Angeles City Councilman as he pro- States, and for other purposes, I would have markable 39–12 record. Coach Sanders posed the Fair Employment Practices Ordi- voted ‘‘Aye.’’ reached a noteworthy milestone this season nance. Eight years later, in 1958, the JLC’s Had I been present for rollcall No. 294, on as well by reaching 835 career wins for his Western Region joined a coalition of labor, mi- suspending the rules and passing H. Res. tenure. Coach Sanders and his staff should be nority and religious civil rights groups to pre- 489, Recognizing the 20th anniversary of the commended for providing leadership, direction, vent California from becoming a Right-to-Work suppression of protesters and citizens in and and encouragement to these student athletes. state. In 2009, under the current leadership of around Tiananmen Square, I would have The Campbellsville University Baseball President Floyd Glen-Lambert, the Jewish voted ‘‘Aye.’’ Team’s performance is a testament to their Labor Committee Western Region still fights exceptional talent and commitment to excel- f anti-labor campaigns, most notably by pushing lence. Theirs is an example for all of Kentucky for passage of the Employee Free Choice Act A PROCLAMATION HONORING to follow. I commend the coaching staff and in partnership with the Los Angeles County OHIO’S FIRST AND OFFICIAL student athletes for the recognition they have Federation of Labor. OUTDOOR DRAMA, TRUMPET IN brought to Campbellsville University, the THE LAND, ON THE 40TH ANNI- To remind the community how critical it is Campbellsville and Taylor County commu- for workers to safeguard organized represen- VERSARY OF ITS FIRST PER- nities, and the Second District. FORMANCE tation to bargain for fair wages, benefits and f conditions, the JLC holds annual Labor Pass- A TRIBUTE TO THE JEWISH LABOR over Seders and continues to work with labor HON. ZACHARY T. SPACE and Jewish businesses to resolve disputes. OF OHIO COMMITTEE AND ITS WESTERN REGION BASED IN LOS ANGELES The JLC is also forming a new Ethnic Coali- IN THE HOUSE OF REPRESENTATIVES ON THE OCCASION OF THE JLC’S tion to address persistent labor issues. Under the auspices of Captive Daughters of Wednesday, June 3, 2009 75TH ANNIVERSARY the Los Angeles Unity Coalition, the JLC’s Mr. SPACE. Madam Speaker: Western Region is using a grant to make labor Whereas, former Governor James Rhodes HON. LUCILLE ROYBAL-ALLARD aware of human trafficking, the fastest growing named Trumpet in the Land Ohio’s Official OF CALIFORNIA crime in America. The JLC will never forget Outdoor Drama; and IN THE HOUSE OF REPRESENTATIVES how quickly slave labor burgeoned in Europe Whereas, more than 2,300 actors and tech- Wednesday, June 3, 2009 during World War II and remains committed to nicians have taken part in the drama; and its eradication. Whereas, July 3rd marks the 40th Anniver- Ms. LUCILLE ROYBAL-ALLARD. Madam As an affiliate of the Labor Task Force for sary of the first performance of Trumpet in the Speaker, I rise today to recognize the Jewish Universal Healthcare, the JLC’s Western Re- Land; and Labor Committee and the committee’s West- gion is making headway on another crucial Whereas, Trumpet in the Land is anticipated ern Region, based in Los Angeles, California, issue to workers—bringing health care reform and enjoyed every year by hundreds of Ohio on the occasion of the national non-profit or- to California and the nation. With state budget families and gives them a window into the his- ganization’s 75th anniversary of fighting to cuts looming, the Jewish Public Affairs Com- torical beginnings of our great state; now, protect the rights of working families in our mittee and the JLC’s Western Region are also therefore, be it country. lobbying state legislators on many other crit- Resolved, that along with the friends and In 1934, the national Jewish Labor Com- ical issues, including how budget cuts will af- family of the Ohio Outdoor Drama Historical mittee (JLC) formed on New York’s Lower fect our most vulnerable citizens who need in- Association and the residents of the 18th Con- East Side by a coalition of labor and Jewish home health care to avoid being forced into gressional District, I congratulate the cast and groups that recognized that European Nazism nursing homes and the need for fair wages for crew of the 40th Anniversary production of threatened the rights of trade unionists and in-home health care givers. Trumpet in the Land, as well as anyone who Jews. That same year, the committee’s ‘‘West- Finally, in keeping with the Jewish principle has been fortunate enough to experience and ern Region’’ formed in Los Angeles. of Tikun Olam, which means ‘‘to repair the

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.020 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1293 world,’’ the JLC’s Western Region is planning ian neighbors in the Yom Kippur War. Just artists over the centuries. The Alphabet vs. the a training program for foster youth who are four years later, President Katzir and Prime Goddess (1998) further enhanced his reputa- about to find their first jobs. In an effort to help Minister Menachem Begin welcomed Egyptian tion as an insightful and poetic storyteller while them succeed, the training program is de- President Anwar El Sadat to Jerusalem, mak- Sex, Time and Power: How Women’s Sexu- signed to give them an in-depth understanding ing Sadat the first Arab leader to visit the Jew- ality Shaped Human Evolution (2003) offers of the legal, social and political intricacies of ish capital. This visit, combined with President dramatic explorations into the emergence of the workplace. Katzir’s dedication to peace and human the human species. His fourth book, To mark the national organization’s 75 year progress, led to the Camp David Accords a Leonardo’s Brain, The Right-Left Roots of Cre- anniversary, the committee’s Western Region year later and an easing in the previously con- ativity, will be published next year. is holding an awards brunch on June 14 at the tentious Israeli-Egyptian relations. Dr. Shlain won many awards and was in Century Plaza Hyatt Regency Hotel in Los An- Like Cincinnatus returning to his field, Presi- high demand as a speaker from Italy to Los geles at which a number of honorees will be dent Katzir chose to not stand for a second Alamos. But the most memorable thing about recognized for their outstanding service to our term, instead returning to his studies and him was his generous and outgoing person- communities. The honorees are: State Con- spending time with his beloved wife, Nina. ality matched by intellectual curiosity and en- troller John Chiang; Executive Liaison for Uni- Though an able public servant, Katzir was cyclopedic knowledge. His colleagues, friends, versal Pictures James D. Brubaker; President/ never motivated by power not defined by his and family were privileged to experience this CEO of the National Association for the His- position. His integrity and intellect had few side of him, and he instilled his enthusiasm panic Elderly Dr. Carmela Lacayo; and Busi- peers, and his devotion to the State of Israel and drive in his children. ness Manager, Southern California District was sincere and complete. As a scientist, a Daughter Kimberly Brooks relates ‘‘dinner Council of Laborers, Mike Quevedo Jr. politician, and a proud citizen, President Katzir conversations typically spanned from the Madam Speaker, as the Jewish Labor Com- dedicated his life to a Jewish state for the Heisenberg Uncertainty Principle to politics, lit- mittee observes this milestone and continues Jewish people. Through his stewardship of the erature to an incredibly dirty joke.’’ He would the fight for social and political justice in Los Office of President, President Katzir handed often ‘‘diagram the operation of the day on a Angeles, California and throughout our great down to later generations a safe and pros- napkin. Later, his diagrams became more ad- nation, I ask my colleagues to please join me perous nation. venturesome and expanded to thought experi- in commending everyone involved with the na- The prophet Isaiah writes, ‘‘Those who walk ments that included what it would be like to sit tional JLC and its Western Region as well as uprightly enter into peace; they find rest as astride a beam of light and how that cor- this year’s honorees for their continued com- they lie in death.’’ On behalf of the Fifth Dis- responded with Picasso’s rose period.’’ She mitment to securing fairness for all working trict of New Jersey, I wish peace for former also remembers how, for show and tell at her families. I extend to them my best wishes for President Katzir, and convey my deepest con- elementary school, her dad brought a human many more successful years ahead. dolences to his family, friends, and country. brain in a white bucket of formaldehyde and f f how he built a stained-glass geodesic dome (complete with a hot tub) in the back yard in- PAYING RESPECTS TO PRESIDENT PERSONAL EXPLANATION stead of a conventional swing set. EPHRAIM KATZIR Born in 1937 in Detroit, Michigan, to immi- HON. GREGG HARPER grant parents, Dr. Shlain graduated from high HON. SCOTT GARRETT OF MISSISSIPPI school at the age of 16 and from medical OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES school when he was 23. After a stint as a IN THE HOUSE OF REPRESENTATIVES Captain in the U.S. Army, he got married and Wednesday, June 3, 2009 Wednesday, June 3, 2009 moved to Mill Valley in the late sixties. Mr. HARPER. Madam Speaker, on rollcall He is survived by his wife, Judge Ina Mr. GARRETT of New Jersey. Madam Nos. 292, 293 and 294, my flight was delayed Gyemant, and children, artist Kimberly Brooks, Speaker, I rise today to pay my respects to a due to weather. Had I been present, I would filmmaker and Webby Awards founder, Tiffany great statesman and an important world lead- have voted ‘‘yea’’ on all three. Shlain, and doctor/entrepeneur Jordan Shlain. er. This past Saturday, Ephraim Katzir, the f He was also father in-law to filmmaker Albert fourth President of the State of Israel, passed Brooks, scientist/artist Ken Goldberg, Ph.D. HONORING DR. LEONARD SHLAIN away at the age of 93. and Caroline Eggli Shlain, Ph.D., respectively. Over a long and remarkable life, President He had two stepchildren, attorney Anne Katzir dedicated himself to the security of the HON. LYNN C. WOOLSEY Gyemant Paris and writer Roberto Gyemant, State of Israel and the progress of mankind. In OF CALIFORNIA Jr. His son-in-law Michael Paris is a medical addition to being a leading Israeli statesman, IN THE HOUSE OF REPRESENTATIVES engineer. He is pre-deceased by his sister President Katzir was a world-renowned bio- Wednesday, June 3, 2009 Shirley Wollock and survived by siblings physicist, performing groundbreaking research Marvin Shlain and Sylvia Goldstick, and nine in defense studies and the natural sciences. Ms. WOOLSEY. Madam Speaker, I rise grandchildren (with a tenth on the way). After receiving his Ph.D. from the Hebrew Uni- today with sadness to honor Dr. Leonard Madam Speaker, although Dr. Shlain taught versity of Jerusalem, Katzir went on to study Shlain of Mill Valley, California who passed his children never to trust a man who needs and teach at leading American universities, away May 11, at the age of 71, after a strug- more than one sentence to describe what he such as Harvard, Columbia, and UCLA. He gle with brain cancer. does for a living, it is impossible to sum up his then returned to Israel to lead the Department Dr. Shlain excelled in two professions simul- own accomplishments so briefly. The world is of Biophysics at the Weizmann Institute of taneously. He was a pioneering surgeon in a richer place for his work, his spirit, and his Science, and later became the chief scientist San Francisco as well as a best-selling author. wonderful family. As Chairman of Laparoscopic Surgery at Cali- for the Israel Defense Forces. Katzir was f awarded the Israel Prize—the state’s highest fornia Pacific Medical Center and Associate civilian honor—for his work in natural science, Professor of Surgery at UCSF, he developed TRIBUTE TO MR. DAVE SALLENGS and was the inaugural recipient of the Japan his surgical techniques to such an extent that Prize for ‘‘original and outstanding achieve- he was flown around the world to train other HON. HAROLD ROGERS ments in science’’ and ‘‘having advanced the doctors and also patented several surgical in- OF KENTUCKY frontiers of knowledge and served the cause struments. IN THE HOUSE OF REPRESENTATIVES of peace and prosperity for mankind.’’ He was His three published books have been best- also elected into the British Royal Society of sellers, their thoughtful and provocative con- Wednesday, June 3, 2009 London for the Improvement of Natural Knowl- tent earning him fans from singer Bjork to Vice Mr. ROGERS of Kentucky. Madam Speaker, edge, and in 1996 became the first Israeli in- President Al Gore. Despite some initial skep- I rise today to pay tribute to Dave Sallengs, a ducted into the American Academy of ticism about a surgeon writing on other topics, Kentuckian whose efforts to fight the scourge Sciences. his books wove connections between every- of drug addiction throughout Kentucky have In 1973, Ephraim Katzir answered Prime thing from art and physics to human evolution made huge strides towards stopping this hor- Minster Golda Meir’s call to serve as President in a highly creative and accessible style. rific epidemic. His extensive knowledge of of Israel. During the first year of his tenure, Art & Physics (1990) was hailed as a vision- scheduled prescription drug trends has im- Israel was attacked by her Egyptian and Syr- ary exploration of the work of scientists and pacted the method in which doctors prescribe

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K03JN8.001 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1294 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 scheduled narcotics, how pharmacists track In 1884, the doors of this fine educational High Commissioner for Human Rights and the and fill orders, and the way law enforcement institution opened up to the yearning minds of International Committee of the Red Cross agencies fight the drug problem throughout twenty-two American Indian children. It was . . .’’ Where do we get the authority for such Kentucky. known then as the United States Indian Indus- a demand? I wonder how the U.S. govern- As the manager of Kentucky’s Drug En- trial Training School. Today, Haskell Indian ment would respond if China demanded that forcement and Professional Practices Branch, Nations University, the largest Indian univer- the United Nations conduct a full and inde- Dave Sallengs is responsible for operating the sity in the country, serves roughly one thou- pendent investigation into the treatment of de- Kentucky All-Schedule Prescription Electronic sand college students per semester, and con- tainees at the U.S.-operated Guantanamo fa- Reporting (KASPER) monitoring program, as tinues to serve American Indians with a mul- cility? well as enforcing the Kentucky Controlled titude of innovative curricula that prepares stu- The resolution ‘‘calls on the legal authorities Substances Act. With the leading prescription dents to enter baccalaureate programs in of People’s Republic of China to review imme- monitoring system in the nation, Mr. Sallengs areas such as elementary education, Amer- diately the cases of those still imprisoned for has made it his mission to train a broad range ican Indian studies, and business administra- participating in the 1989 protests for compli- of authorized users on KASPER. tion, which Ms. Garza, as previously noted, Under the leadership of Mr. Sallengs, the ance with internationally recognized standards pursued herself, emphasizing her study in trib- of fairness and due process in judicial pro- number of KASPER users tripled in merely al management. She currently plans to pursue two years. On average, the number of individ- ceedings.’’ In light of U.S. government’s ex- a professional degree in law. traordinary renditions of possibly hundreds of uals participating in KASPER continues to Students attending this University represent grow by an astounding two percent each individuals into numerous secret prisons federally recognized tribes from across the abroad where they are held indefinitely without month. This growth is a testament of his effort United States, producing a dynamic and di- to promote and educate health care providers charge or trial, one wonders what the rest of verse student body bringing life experiences to the world makes of such U.S. demands. It is and law enforcement officers to the tremen- the forefront of the classroom while integrating dous impact KASPER can make on people’s hard to exercise credible moral authority in the American Indian and Alaskan Native culture world when our motto toward foreign govern- lives. The KASPER system is one of the best into all its curricula. Through my time spent on weapons we have in the war against prescrip- ments seems to be ‘‘do as we say, not as we a Texas school board, I have seen people do.’’ tion drug abuse and trafficking in the Blue- who, like Ms. Garza, are intelligent, respon- grass State. sible, and driven. Ms. Garza excelled in the While we certainly do not condone govern- Mr. Sallengs’ passion for eliminating drug classroom and pushed forward toward a ment suppression of individual rights and lib- abuse and addiction is evident by his continual brighter future. People like Ms. Garza, are the erties wherever they may occur, why are we efforts to promote KASPER to all those agen- change makers in our world, the backbone of not investigating these abuses closer to home cies who benefit from this important program. the American dream, and the reason America and within our jurisdiction? It seems the A graduate of the University of Kentucky Col- succeeds. Boundaries like this are broken by House is not interested in investigating allega- lege of Pharmacy, Mr. Sallengs spent 12 great men and women who lead this country tions that U.S. government officials and em- years as an owner and operator of an inde- forward, inspiring future generations to follow ployees approved and practiced torture pendent retail pharmacy before gaining in- in their footsteps. against detainees. Where is the Congressional depth experience in the wholesale drug and I am proud of Ms. Garza’s success and it is investigation of the U.S.-operated ‘‘secret pris- pharmacy computer industries. In addition to with great honor that I extend my most sincere ons’’ overseas? What about the administra- being a registered pharmacist, Mr. Sallengs congratulations to Ms. Beatriz A. Garza as she tion’s assertion of the right to detain individ- has served his community as a law enforce- makes this monumental milestone in her life. uals indefinitely without trial? It may be easier ment officer. to point out the abuses and shortcomings of f Madam Speaker, I ask my colleagues to join governments overseas than to address gov- me in honoring the Pharmacy Association of COMMEMORATING 20TH ANNIVER- ernment abuses here at home, but we have Kentucky’s ‘‘Pharmacist of the Year,’’ Mr. SARY OF THE TIANANMEN the constitutional obligation to exercise our Dave Sallengs. The award recognizes those SQUARE SUPPRESSION oversight authority in such matters. I strongly who use their profession to benefit those both believe that addressing these current issues in the profession and the community. In my SPEECH OF would be a better use of our time than once opinion, there is no one more deserving of this HON. RON PAUL again condemning China for an event that award in our state, or in our country, as his OF TEXAS took place some 20 years ago. work is now part of a national model to end IN THE HOUSE OF REPRESENTATIVES prescription drug abuse. f f Tuesday, June 2, 2009 PERSONAL EXPLANATION HONORING MS. BEATRIZ A. GARZA Mr. PAUL. Madam Speaker, I rise to oppose this unnecessary and counter-productive reso- lution regarding the 20th anniversary of the in- HON. CIRO D. RODRIGUEZ cident in China’s Tiananmen Square. In addi- HON. BOB ETHERIDGE OF TEXAS tion to my concerns over the content of this OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES legislation, I strongly object to the manner in IN THE HOUSE OF REPRESENTATIVES Wednesday, June 3, 2009 which it was brought to the floor for a vote. Mr. RODRIGUEZ. Madam Speaker, I rise While the resolution was being debated on the Wednesday, June 3, 2009 today to celebrate and recognize the accom- House floor, I instructed my staff to obtain a Mr. ETHERIDGE. Madam Speaker, I regret plishments of Ms. Beatriz A. Garza, the recent copy so that I could read it before the vote. that yesterday inclement weather delayed my college graduate from Haskell Indian Nations My staff was told by no less than four relevant flight and prevented my timely return to Wash- University in Lawrence, Kansas, and a tribal bodies within the House of Representatives ington. I was, therefore, unable to cast a vote member of the Kickapoo Traditional Tribe of that the text was not available for review and on a number of roll call votes. Texas (KTTT). would not be available for another 24 hours. It Graduating from Haskell Indian Nations Uni- is unacceptable for Members of the House of Had I been present, I would have voted Yes versity with an Associate of Arts degree in Lib- Representatives to be asked to vote on legis- on H. Res. 421, recognizing and commending eral Arts in 2006 and a Bachelor of Science lation that is not available for them to read! the Great Smoky Mountains National Park on degree in Business Administration in 2009, As to the substance of the resolution, I find its 75th year anniversary. I would have voted Ms. Beatriz A. Garza has become the first col- it disturbing that the House is going out of its Yes on H.J. Res. 40, to encourage the people lege graduate from the Kickapoo Tribe in the way to meddle in China’s domestic politics, of the United States to honor Native Ameri- state of Texas. which is none of our business, while ignoring cans by designating the Friday immediately Ms. Garza grew up in Eagle Pass, Texas, the many pressing issues in our own country following Thanksgiving Day as Native Amer- on the Kickapoo Indian Reservation, grad- that definitely are our business. ican Heritage Day. I also would have voted uating from Eagle Pass High School’s C.C. This resolution ‘‘calls on the People’s Re- Yes on H. Res. 489, recognizing the 20th an- Winn Campus. Influenced by her father, Juan public of China to invite full and independent niversary of the brutal suppression of pro- Garza, Jr., she pursued higher education at investigations into the Tiananmen Square testers and citizens in and around Tiananmen Haskell Indian Nations University. crackdown, assisted by the United Nations Square.

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.025 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1295 IN MEMORY OF TERRENCE L. ways encourages his students to chase their False Claims Act that would prevent parasitic BARNICH dreams and I know these young men have lawsuits. Biddle was concerned that qui tam greatly benefitted from his teaching, wisdom, complaints were being filed based solely on HON. MARK STEVEN KIRK and insight. St. Mark’s is a successful institu- information contained in criminal indictments. OF ILLINOIS tion because of dedicated and caring teachers Biddle argued that such cases contributed nothing new and could interfere with the Gov- IN THE HOUSE OF REPRESENTATIVES such as Mr. Cavitt. I admire him for his passion for teaching ernment’s criminal prosecutions. So, he urged Wednesday, June 3, 2009 and ask my colleagues to join me in express- Congress to repeal the authorization for qui Mr. KIRK. Madam Speaker, I rise today to ing our gratitude for his continued service. I tam actions. honor the life of Terrence L. Barnich. Terry congratulate Mr. Cavitt on reaching his forty- The Senate and House of Representatives served as Chairman of the Illinois Commerce year milestone and wish him all the best. each considered Attorney General Biddle’s re- Commission (ICC) in the early nineties, and f quest, and the House went so far as to pass spent the last two years as Deputy Director of a bill, H.R. 1203, proposing repeal of the the Iraq Transition Assistance Office in Bagh- FRAUD ENFORCEMENT AND False Claims Act’s qui tam provisions. The dad. Terry died on Memorial Day after his RECOVERY ACT OF 2009 Senate demurred. The House Judiciary Com- mittee then considered legislation providing convoy was hit by a roadside bomb on the SPEECH OF outskirts of Fallujah. that jurisdiction would be barred on qui tam Terry was appointed Chairman of the ICC HON. HOWARD L. BERMAN suits that were based on information in the possession of the Government, unless the re- by Gov. Jim Thompson in 1989, serving for OF CALIFORNIA lator was an original source of that informa- three years before joining the private sector. In IN THE HOUSE OF REPRESENTATIVES tion. Without explanation, the resulting con- 2007 he took a leave of absence from his job Monday, May 18, 2009 as CEO of Paradigm Resources Group to ference report dropped the reference to ‘‘origi- nal sources.’’ spend a year working with the State Depart- Mr. BERMAN. Madam Speaker, I rise today The 1943 amendments changed the False ment in Baghdad. After that year, Terry volun- in support of the Fraud Enforcement & Recov- Claims Act in several ways. Most significantly, teered to stay in Iraq to continue his work ery Act of 2009. I want to specifically address the language in this bill that will strengthen the these amendments authorized the Department helping the Iraqis build modern public utility of Justice to take over cases initiated by rela- systems. He embodied the American commit- provisions of our Nation’s most effective fraud- fighting tool, the federal False Claims Act. tors. The 1943 amendments required relators ment to the people of Iraq, and his work was to submit all of their supporting evidence to helping us fulfill that commitment. With our Nation spending hundreds of billions of dollars to revitalize our faltering economy, the Department of Justice at the time the rela- Terry died after inspecting a new waste- tor filed his complaint and gave the Depart- water treatment facility that will provide essen- now is the time to plug the loopholes that have been created in the False Claims Act ment sixty days to decide whether or not to in- tial services to Fallujah and Anbar Province. tervene and take exclusive control of the suit. His patriotism and love of his work are evident over the last quarter century. Now is the time to update this law to ensure that it reaches the If the Government elected to intervene, the re- in a quote he gave a Chicago newspaper lator would have no role in the case and no shortly after he arrived in Baghdad. He said: modern fraud schemes that are draining our public fisc with impunity. As one of the authors voice in its resolution. ‘‘To those back home who say the Iraqi ex- The 1943 amendments also included a perience has made the Iraqis unready or in- of both the 1986 False Claims Act Amend- ments and the relevant language in S. 386 ‘‘government knowledge bar,’’ which deprived capable for democracy, I say come work with courts of jurisdiction over qui tam actions that me. I deal with Iraqis who daily brave physical which we consider today, I submit this state- ment to clarify the true intent of the False were ‘‘based upon evidence or information in hardship, violence and threats of violence to the possession of the United States, or any make their contribution to building a govern- Claims Act and to send a clear message that all government funds should be protected from agency, officer or employee thereof, at the ment that deserves the consent of the gov- time such suit was brought.’’ The 1943 fraud. erned.’’ amendments also significantly reduced the Funeral services were held today in Chi- I. HISTORY OF THE FALSE CLAIMS ACT amount of the relator’s share of any recovery. cago, and I hope my colleagues will join me Before I get into the provisions of the bill we In fact, under the 1943 amendments, relators in sending our condolences to Terry’s family are considering today, Madam Speaker, I’d were not assured of a minimum recovery at as we remember his dedication to public serv- like to provide some background on the False all. The amendments provided that if the Gov- ice. Claims Act, how it came to be and how it has ernment prosecuted the suit, the court could f been amended in the past. award the informer ‘‘fair and reasonable com- Congress enacted the False Claims Act in pensation’’ not to exceed 10–percent of the IN HONOR OF LARRY CAVITT’S 40 1863, in response to complaints about ‘‘the proceeds. If the Government did not intervene, YEARS OF TEACHING EXCELLENCE frauds and corruptions practiced in obtaining the informer’s award could not exceed 25–per- pay from the Government during the [Civil] cent of the proceeds. HON. PETE SESSIONS War.’’ Proposed by President Lincoln, the leg- These changes put the False Claims Act OF TEXAS islation offered private citizens a reward if they into hibernation. By the 1980s, it had become IN THE HOUSE OF REPRESENTATIVES assisted the Government in combating fraud. evident that the False Claims Act was no The sponsor of the original False Claims Act Wednesday, June 3, 2009 longer an effective tool against fraud. In par- explained that the statute, ‘‘offers, in short, a ticular, some courts, for example in United Mr. SESSIONS. Madam Speaker, I rise reward to the informer who comes into court States ex rel. State of Wis. (Dept. of Health today to honor a teaching legend, Mr. Larry and betrays his coconspirator, if he be such; and Social Services) v. Dean, 729 F.2d 1100 Cavitt and to celebrate his forty years of dedi- but it is not confined to that class.’’ (7th Cir. 1984), had broadly interpreted the cated service at St. Mark’s School of Texas. I The 1863 Act authorized private individuals, government knowledge bar adopted in 1943, am proud to represent St. Mark’s in the 32nd called ‘‘qui tam relators,’’ to bring lawsuits on holding that the bar precluded all qui tam Congressional District of Texas. behalf of the United States to prosecute fraud cases involving information already known to Mr. Cavitt first joined St. Mark’s faculty on against the Government and to recover funds the Government, even when the qui tam rela- August 28, 1969 after receiving his M.A. from that were wrongfully obtained. The Act pro- tor had been the source of that information. Southern Methodist University. In his current vided for double damages and a $2,000 civil Additionally, the changes to the amount of role, he serves as the 5th grade humanities penalty per false claim, and private individuals the relator’s share undermined the Act’s use- teacher and senior class advisor. During his who successfully pursued claims under the fulness. Individuals with information about tenure at St. Mark’s, he has also taught 7th, Act were entitled to half of the Government’s fraud against the Government were far less 8th, and 9th grade Social Studies, 8th grade recovery. The Act did not authorize the Gov- likely to become relators without some guar- Humanities, U.S. History, and Advanced ernment to intervene in the private individual’s antee that they would be rewarded if they pre- Placement Law and Government. Outside of case, nor did it preclude qui tam actions vailed, particularly since relators often ex- the classroom, members of the basketball and based upon the source of the relator’s infor- posed fraud by their employers and were ter- baseball team know him as ‘‘coach.’’ In his mation. minated from their jobs as a result. The 1943 forty years of service, he has helped shaped Nearly eighty years later, in the midst of amendments did not provide relators with an young impressionable minds, providing them a World War II, Attorney General Francis Biddle adequate incentive to bring qui tam actions. firm educational foundation for success. He al- requested that Congress make changes to the Consequently, from 1943 to 1986, fewer than

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.029 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1296 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 ten False Claims Act cases were brought each ceive an extension for good cause. The the word ‘‘claim’’ so broadly, Congress in- year. amendments also provided the Government, tended in 1986 to make sure that the FCA As a result of the problems that arose fol- for the first time, the option of intervening later would impose liability even if the claims or lowing the 1943 amendments, by the 1980s, in a case, even if it had initially declined to false statements were made to a party other fraud against the Government had grown to join, if it had ‘‘good cause’’ to do so. Further- than the Government, if the payment thereon unprecedented levels. A 1981 three-volume more, the legislation provided that a qui tam could potentially result in a loss to the Govern- General Accounting Office report, Fraud in relator would remain a fully participating party ment or cause the Government to wrongfully Government Programs:—How Extensive is even if the Government joined the case, but pay out money. For example, because any It?—How Can it Be Controlled, concluded that provided that a court could, under specified fraud that reduces the effectiveness of pro- fraud against the Government was ‘‘wide- circumstances, restrict the relator’s role. grams and initiatives the Government has spread.’’ The report also noted that false or Additionally, in order to incentivize individ- sought to advance also undermines the Gov- fraudulent claims against the Government re- uals to report false claims and fraud, Con- ernment’s purpose in supplying funding sup- sult both in monetary losses and a broad gress eliminated the uncertainty of purely dis- port, Congress intended for a false claim to spectrum of non-monetary losses. These in- cretionary rewards. Rather, since 1986, re- the recipient of a grant from the United States clude, for example, loss of confidence in Gov- wards to qui tam relators have been based on or to a State under a program financed in part ernment programs, Government benefits not the relator’s contributions. In most cases, rela- by the United States, to be considered a false going to intended recipients, and harm to pub- tors would be guaranteed at least a 15–per- claim to the United States. lic health and safety. During this same period, cent share of the Government’s recovery. The In sum, Congress intended the False Claims several legal scholars began discussing the 1986 amendments also eliminated a potent Act to protect all Government funds and prop- merits of increased use of the False Claims disincentive for relators, by creating a new erty, without qualification or limitation. How- Act to address fraud against the Government. right of action for any employee who is retali- ever, over the years, some courts have incor- In response to these concerns, Senators ated against for lawful acts in furtherance of rectly grafted limitations to the reach of the CHARLES GRASSLEY, CARL LEVIN, and Dennis False Claims Act proceedings. Under the 1986 Act, leaving billions of dollars vulnerable to DeConcini introduced S. 1562 in 1985. The amendments, employees who suffered retalia- fraud. Most recently, in June 2008, the Su- Committee on Administrative Practice and tion would be entitled to all relief necessary to preme Court ruled in the Allison Engine deci- Procedure of the Senate Committee on the make them whole, including double back pay sion that, absent the ‘‘Government itself’’ ink- Judiciary held hearings on S. 1562 and S. and attorneys’ fees. The 1986 amendments ing the check or approving a false claim, the 1673, a similar bill supported by the Reagan also sought to replace the government knowl- Act does not impose liability for false claims Administration. The House of Representatives edge bar with a ‘‘public disclosure bar’’ that on Government funds disbursed for a Govern- took up a similar bill, H.R. 3317, and the Sub- would only bar truly parasitic relators whose ment purpose by a Government contractor or committee on Administrative Law and Govern- complaints were ‘‘based upon allegations or other recipient of Government funds, even if mental Relations of the House Committee on transactions in a . . . [Government pro- such fraud damages the Government or its the Judiciary held hearings on that measure. ceeding] or investigation, or from the news programs. Because so many inherently gov- Both Committees heard from a range of wit- media,’’ and were not an ‘‘original source’’ as ernmental functions are carried out by govern- nesses, including whistleblowers and the De- defined under the Act. Congress also author- ment contractors these days, including con- partment of Justice. The Senate Committee ized the award of attorneys’ fees to a defend- tracting and program management functions, heard testimony that ‘‘45 of the 100 largest ant prevailing in a suit that ‘‘the court finds this ruling severely limits the reach of the law. defense contractors—including 9 of the top . . . was clearly frivolous, clearly vexatious, or The primary impetus for the current corrective 10—were under investigation for multiple fraud brought primarily for purposes of harassment.’’ legislation is to reverse these unacceptable offenses.’’ In addition, the Committee learned II. THE CURRENT FALSE CLAIMS ACT limitations and restore the False Claims Act to that, due to limited Government resources, Currently, the False Claims Act permits the its original status as the protector of all Gov- ‘‘[a]llegations that perhaps could develop into Government to recover treble damages from ernment funds or property. While we cannot very significant cases are often left those who knowingly present, or cause to be possibly predict the breadth of fraudulent unaddressed at the outset due to a judgment presented, false claims to a United States schemes that can be used to target the public that devoting scarce resources to a question- Government officer, employee or member of fisc, I take this opportunity to stress that, when able case may not be efficient. And with cur- the Armed Forces; or who knowingly make, or done knowingly, the following conduct clearly rent budgetary constraints, it is unlikely that cause to be made, false statements to get violates the False Claims Act: the Government’s corps of individuals as- such claims paid by the United States. The Charging the Government for more than signed to anti-fraud enforcement will substan- Act also applies to those who make false was provided. tially increase.’’ The Senate and House bills statements to conceal, avoid, or decrease an Seeking payment pursuant to a program for sought to address this resource problem by obligation to pay or transmit money or prop- which the claimant was not eligible. constructing legislation which would empower erty to the Government. It also covers certain Demanding payment for goods or services private citizens with knowledge of fraud or conspiracies to violate the Act. In addition to that do not conform to contractual or regu- false claims to come forward and bring the re- damages, the courts are required to award the latory requirements. sources of private counsel to bear on Govern- Government a civil penalty of $5,500 to Fraudulently withholding property from the ment investigations under the Act. $11,000 for each violation of the Act. The Government or attempting to pay the Govern- In response to the problems Congress iden- Government is entitled to recover such forfeit- ment less than is owed in connection with any tified, as well as concerns raised by the De- ures upon any showing that a defendant vio- goods, services, concession, or other benefits partment of Justice and potential defendants, lated the False Claims Act, without needing to provided by the Government. Fraudulently seeking to obtain a Govern- Congress adopted the False Claims Amend- prove that the violation resulted in damages in ments Act of 1986. President Reagan signed ment contract. the case at hand. Thus, a defendant may be Submitting a fraudulent application for a the bill into law on November 23, 1986. The held liable for these penalties under the False grant of Government funds. 1986 amendments made a number of Claims Act whether or not payment was made Submitting a false application for a Govern- changes to the False Claims Act. Although the on the tainted claim. ment loan. amendments did not include a provision for re- The Act defines several statutory terms. The Requesting payment for goods or services covering consequential damages, they in- term ‘‘person’’ is broadly defined in the law’s that are defective or of lesser quality than creased the penalty provision, which had been civil investigative demand provision to include those for which the Government contracted. unchanged for more than 100 years, from partnerships, associations, and corporations, Making false statements for a loan guaran- double damages to treble damages. In order as well as States and political subdivisions teed by the Government that later defaults. to limit interference with Government inves- thereof. The statutory definition of ‘‘claim’’ is Requesting Government services to which tigations, the amendments provided that qui also intended to be read broadly and, indeed, one is not entitled. tam actions be filed under seal for sixty days is not an exclusive list. The definition applies Submitting a claim that falsely certifies that and served on the United States, but not the to any request or demand for Government the defendant has complied with a law, con- defendant, to provide the Government time to money or property, regardless of whether it is tract term, or regulation. determine whether to take over the action. submitted to the Government or to another en- Submitting a claim by a person who has vio- However, while the amendments limited the tity, such as a Government contractor, agency, lated a statute or regulation, the violation of seal period to sixty days, they permitted the instrumentality, quasi-governmental corpora- which is capable of influencing the payment Government the opportunity to request and re- tion, or a non-appropriated fund. In defining decision.

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.031 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1297 Submitting a false application in a multi- III. PURPOSE OF THE FALSE CLAIMS ACT AMENDMENTS role qui tam relators play in uncovering and staged grant application process, where the Since its inception, the central purpose of prosecuting violations of the False Claims Act. second stage of the application would not the False Claims Act has been to enlist private The Subcommittee on Courts, the Internet and have been granted had the applicant been citizens in combating fraud against the U.S. Intellectual Property and the Subcommittee on truthful in the first stage. Treasury. Specifically, the Act’s qui tam provi- Commercial and Administrative Law held a Submitting a claim for payment even though sions were crafted to provide a clear proce- joint legislative hearing on June 19, 2008, on the defendant was violating the Government- dural roadmap, so as to assist and encourage H.R. 4854, the False Claims Act Corrections funded program’s conditions of participation or private citizens to not only report fraudulent Act of 2007, a bill I sponsored with Mr. SEN- payment. schemes, but to actively participate in inves- SENBRENNER to address many of the same Submitting a claim that seeks payment for tigating and prosecuting those who steal from problems that are addressed in S. 386, as an estimate or opinion that the defendant the public fisc. However, over the course of amended by the House of Representatives. At knows to be false. the Act’s history, courts have embraced a that hearing, the Subcommittees heard testi- Submitting claims based on an interpretation number of conflicting interpretations that have mony from Shelley R. Slade, a Washington, of a regulation or contract that the defendant removed protection for billions of federal dol- D.C. attorney who represents qui tam plaintiffs knows has been rejected by the Government. lars and discouraged qui tam relators from fil- and serves on the Board of Directors of Tax- Fraudulently cashing a Government check ing suits under the Act. payers Against Fraud, a national nonprofit or knowingly keeping Government funds that The False Claims Act amendments included public interest organization dedicated to fight- were initially wrongfully or mistakenly ob- in S. 386, the Fraud & Enforcement & Recov- ing fraud against the federal and state govern- tained. ery Act of 2009, remove some of the confu- ments. Ms. Slade, who also handled FCA The False Claim Act does not specify a par- sion that is currently undermining the Act’s cases and related matters for the U.S. Depart- ticular method for assessing damages. Courts, ability to fully reach those who target the ment of Justice for ten years, testified that: however, should liberally measure damages to American tax dollar. S. 386 clarifies a number Qui tam plaintiffs are key to the Govern- effectuate the remedial purpose of the Act, of key provisions and reaffirms that the False ment’s efforts to fight fraud, mainly for two which is to afford the Government a full and Claims Act is intended to protect all Govern- reasons. First, as inside witnesses, they complete recovery. The Government has finite ment funds, without qualification or limitation, produce evidence that can be absolutely crit- resource. So when a fraudfeasor wrongfully from the predation of those who would avail ical to establishing liability. Fraudulent ac- obtains or retains Government owned or ad- themselves of taxpayer money without the tivity by its very nature is concealed.... ministered funds, it prevents the Government right to do so. This legislation is the first step Without the help of insiders who brought the from achieving the full purposes and benefits in correcting the erosion of the effectiveness Government documents and other hard evi- of the False Claims Act that has resulted from dence of the fraud, it would have been ex- intended to result from its spending or from tremely difficult for the Government to de- utilizing funds wasted as a result of fraud or court decisions contrary to the intent of Con- velop sufficient evidence to establish liabil- abuse for other purposes. Indeed, when a de- gress. This mounting confusion occurs at a ity in many of the successful FCA cases. Sec- fendant obtains a Government contract under time when the country can least afford weak- ond, it is the relentless, zealous pursuit of false pretenses or wrongfully qualifies for a ened antifraud legislation. Particularly now, at qui tam litigation by qui tam plaintiffs and Government-funded program, it has no right to a time of dramatically-increased reliance on their counsel that has led to many of the receive payment for the services it provides. In private contractors to perform what have tradi- largest FCA cases in the last eighteen years. such a case, the Government should be tionally been viewed as governmental func- A close study of the largest recoveries will tions, clarity of purpose and effect must be the reveal that, in many instances, the qui tam awarded damages of the entire amount paid plaintiff spent years either trying to per- by the Government. Finally, it has long been hallmarks of the False Claims Act. The False Claims Act also needs to be suade the Government of the merits of the the law that where the Government received case before finally achieving an intervention legitimate value from the defendant’s work, amended to bolster protections for qui tam decision, or litigating the case following a any offset occurs after, rather than before, tre- plaintiffs, the individuals who bring fraud on Government declination. government programs to the attention of the bling. This assures, for example, that defend- Over the course of the last twenty years, it federal government and file FCA suits on be- ants who know they are not eligible to partici- has become increasingly evident that fraud half of the United States. Qui tam relators pate in a Government program or contract permeates a very wide range of Government have been able to uncover vast amounts of cannot substantially evade and defeat the pur- programs, ranging from welfare and food fraud, and their efforts have resulted in the re- poses of eligibility requirements by contending stamps benefits to multi-billion dollar defense turn of billions to the Treasury. In Fiscal Year that the services or products they provided procurements; from crop subsidies to disaster 1986, the year prior to Congress revitalizing under false pretenses have similar market relief programs; and from Government-backed the False Claims Act qui tam provisions, the value to services or products that otherwise loan programs to health care and homeland Department of Justice recovered just $54 mil- would have been provided by persons whom security. lion under the Act. Since then, there has been the Government intended to be eligible. While fraud is not limited to any one Gov- a steady increase in recoveries, culminating in When a court calculates civil penalties ernment agency, fraud in the health care settlements and judgments of more than $5 under the False Claims Act, it should consider arena has been particularly pernicious, cov- billion in the past two years. This success has each separate bill, voucher or other demand, ering nearly every facet of this industry from been due, in large part, to qui tam relators concealment of payment, or other prohibited hospitals and laboratory work to drug compa- who ferreted out and prosecuted False Claims act as a separate violation for which a civil nies, durable medical equipment makers, Act violations. Indeed, of the $21.6 billion re- penalty should be imposed. This is true al- nursing homes, and renal care facilities. In the though many such claims may be submitted at covered under the False Claims Act from 1986 to 2008, $13.7 billion was the result of qui tam health care arena, recovery in the top twenty one time. For example, a doctor who com- actions. However, with estimates of fraud and hospital fraud cases settled under the False pletes separate Medicare claims for each pa- abuse losses remaining in the range of 10% of Claims Act totaled more than $3.4 billion. The tient treated will be liable for a civil penalty for disbursements to contractors, much remains largest twenty settlements against pharma- each such claim, even though several paper to be done. ceutical companies exceed, in total, $4.6 bil- claims forms or electronic requests for pay- In February 27, 2008, testimony before the lion. ment may be submitted to a Medicare con- Senate Committee on the Judiciary, Michael While qui tam relators have long increased tractor at one time. Likewise, each claim for F. Hertz, Deputy Assistant Attorney General, the efficiency of the Federal Government in payment submitted under a contract, loan Civil Division of the U.S. Department of Jus- identifying fraud and false claims and under- guarantee, or other agreement which was tice, whose long career as the Government’s standing the mechanics and scope of par- originally obtained by means of false state- chief False Claims Act prosecutor predates ticular schemes, the role of relators has been ments or other corrupt or fraudulent conduct, the 1986 amendments, noted the critical role particularly important in the health care arena or in violation of any statute or applicable reg- played by qui tam plaintiffs: where the complexity of frauds might other- ulation, constitutes a false claim. For example, [T]he 1986 qui tam amendments to the Act wise thwart a Government investigation. claims submitted under a contract obtained that strengthened whistleblower provisions Of the 6,199 qui tam False Claims Act through collusive bidding are false and action- have allowed us to recover losses to the fed- cases filed between 1986 and 2008, more able under the Act, as are all Medicare claims eral fisc that we might not have otherwise than half (3,306) focused on fraud against submitted by or on behalf of a physician who been able to identify. Government health care programs, such as knows he or she is ineligible to participate in Recent testimony heard by the House Com- Medicare and Medicaid. These cases were re- the program. mittee on the Judiciary underscores the critical sponsible for recovering $10.1 billion, or more

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.034 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1298 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 than 74-percent of the total $13.7 billion recov- Sanders, 128 S.Ct. 2123 (2008), the U.S. Su- tion of the money or property which is re- ered in qui tam cases. Along with fraud preme Court similarly ruled that liability will not quested or demanded.’’ against the health care programs, fraud lie under subsection (a)(2) of 31 U.S.C. Sec- against the Department of Defense still ap- tion 3729, which imposes liability for knowing 2. Fraud Against Funds Administered by the pears to be pervasive, with about 12-percent false statements, unless the false statements United States of recoveries, or $1.7 billion, recovered due to are made to get false claims paid by the In a 2006 decision involving Iraq reconstruc- qui tam actions involving DoD contracts. The United States Government itself. Moreover, tion fraud, a federal trial court in Virginia held cost of fraud cannot be measured only in dol- the Supreme Court held that plaintiffs must that the False Claims Act does not reach false lars and cents. GAO pointed out in its 1981 show that the fraudfeasor ‘‘intended’’ for its claims against funds administered, but not report, fraud erodes public confidence in the false statements to cause the ‘‘Government owned, by the U.S. Government. This was Government’s ability to efficiently and effec- itself’ to ‘‘rely’’ on the false statements as a United States ex rel. DRC, Inc. v. Custer Bat- tively manage its programs. General Account- ‘‘condition of payment.’’ tles, LLC, 376 F. Supp. 2d 617, 636–641 (E.D. ing Office, Fraud in Government Programs: With the Government increasingly relying on Va. 2006). This result is not consistent with How Extensive is It?—How Can it Be Con- private entities to disburse Government funds, what Congress intended in 1986. When the trolled? (1981). it is a rare instance in which the ‘‘Government United States Government elects to invest its Thus, fraud continues to drain funds from itself’ would be paying the claims. The implica- resources in administering funds or managing the public fisc, and the Government is increas- tions are considerable. The amendments clar- property belonging to another entity, it does so ingly relying on relators to uncover these ify that liability under Section 3729(a) attaches because use of such investments or property fraudulent schemes. However, there are whenever a person knowingly makes a false for their designated purposes will further inter- mounting legal divisions and uncertainties claim to obtain money or property, any part of ests of the United States. Misdirection of such which is provided by the Government without among the circuit courts that are jeopardizing money or property as the result of false or regard to whether the wrongdoer deals directly Government funds and discouraging potential fraudulent conduct by contractors frequently with the Federal Government; with an agent qui tam relators from filing actions. The bill on creates funding gaps which either thwart fed- acting on the Government’s behalf; or with a the floor today, S. 386, is a critical first step eral interests or require infusions of federal third party contractor, grantee, or other recipi- needed to remove the confusion and to en- money to see program goals achieved. Ac- ent of such money or property. To ensure that sure that qui tam actions continue to assist the cordingly, false claims made against Govern- the Act is not interpreted to federalize fraud Government in protecting its limited resources. ment-administered funds damage the interests that threatens no harm to Government pur- The False Claims Act amendments in S. of the United States in essentially the same poses or federal program objectives, the 386 clarify the reach of the Act’s liability provi- way as does misappropriation or wasting of Amendment explicitly excludes from liability re- sions, strengthen anti-retaliation protections, funds owned by the United States. Whenever quests or demands for money or property that and remove impediments to the Government’s money directed to address Government inter- the Government has paid to an individual as investigative powers under the Act. Other cor- ests is wasted, it becomes necessary either to compensation for federal employment or as an rections and clarifications that are needed to redirect other funds to complete the con- income subsidy, such as Social Security retire- the False Claims Act have not been included templated task at hand or to make do with di- ment benefits, with no restrictions on that indi- in S. 386 due to the particular overall purpose minished returns on Government program in- vidual’s use or the money or property at issue. of S. 386. Those additional False Claims Act vestments. The amendments address this The amendments also clarify that the False corrections and clarifications should be taken problem by defining ‘‘claim’’ to include, among Claims Act may be used to redress fraud on up in separate legislation. However, I rise other things, requests or demands for money Medicare’s new Part D prescription drug ben- today to clarify the intent behind the False or property that are presented to an officer, efit program and fraud on Medicare managed Claims Act amendments that are included in employee, or agent of the United States care. Both of these programs are administered S. 386. ‘‘whether or not the United States has title to by Government contractors. The legislation A. SECTION 4(A): LIABILITY PROVISIONS the money or property.’’ See new 31 U.S.C. eliminates any argument that the False Claims In Section 4(a), the legislation updates the 3729(b)(2)(A). This amendment to the existing Act does not reach false claims submitted to liability provisions of Section 3729(a) of the statutory language clarifies that FCA liability State-administered Medicaid programs, as False Claims Act to address misreadings of attaches to knowingly false requests or de- some have argued under the Totten case (and the Act by the courts, to remove ambiguities mands upon the United States for money or created by inconsistency of language in the as the Atkins court held). The amendments clarify that the False property administered by the United States on present provisions, and to clarify how the Act behalf of another person. should be applied when the Government im- Claims Act can be used to redress false claims submitted to recipients of federal block plements its programs with the help of con- 3. Conspiracy tractors and intermediaries or administers grants administered by state agencies or other funds on behalf of beneficiaries such as an- third parties. Such claims undermine the pur- Currently, Section 3729(a)(3) imposes liabil- other government or a Tribal authority. Exist- pose of those grants by diverting funding away ity on persons ‘‘who conspire to defraud the ing provisions of Section 3729(a) are also re- from the objectives that the federal program Government by getting a false or fraudulent numbered. I want to go through each of the sought to achieve and cause harm to the claim allowed or paid.’’ This wording can be issues addressed. United States. Thus, for example, if a large construed to apply only to conspiracies that non-minority owned business falsely applied violate subsections 3729(a)(1), (2) or (7). 1. Fraud Against Government Contractors for grant funds that the Government provided Some courts have interpreted the section to and Grantees a municipality to assist small, minority-owned be even more limited. For example the court In United States ex rel, Totten v. Bom- businesses, the business entity would be sub- in United States ex rel. Huangyan Import & bardier Corp., 380 F. 3d 488 (D.C. Cir. 2005), ject to False Claims Act liability. Export Corp. v. Nature’s Farm Products, Inc., the D.C. Court of Appeals ruled that, notwith- These clarifications are consistent with what 370 F. Supp. 2d 993 (N.D. Cal. 2005) held standing the FCA’s broad definition of the term Congress intended to achieve in 1986. By re- that section 3729(a)(3) does not extend to ‘‘claim,’’ liability will not lie under subsection moving from Section 3729(a)(1) language that conspiracies to violate section 3729(a)(7). The (a)(1) of 31 U.S.C. § 3729, which imposes li- can be narrowly read to limit liability to per- current provision does not explicitly impose li- ability for knowing false claims, unless the sons who present false claims directly ‘‘to an ability on those who conspire to violate other false claims are presented directly to the officer or employee of the Government, or to provisions of the False Claims Act, such as United States Government itself. According to a member of the Armed Forces,’’ the amend- delivery of less Government property than that the D.C. Court of Appeals, when third parties ments finish the job Congress intended to promised the Government or making false disburse federal funds in furtherance of federal complete in 1986, when it defined actionable statements to conceal an obligation to pay contracts, they are not the same as the ‘‘U.S. ‘‘claims’’ in the current Act to include ‘‘any re- money to the Government. Section 4(a) of S. Government’’ for purposes of this liability pro- quest or demand . . . for money or property 386 amends current Section 3729(a)(3) to vision. Following that decision, a number of which is made to a contractor, grantee, or clarify that conspiracy liability can arise when- courts held that the False Claims Act does not other recipient if the United States Govern- ever a person conspires to violate any of the reach false claims that are (i) presented to ment provides any portion of the money or provisions of Section 3729 imposing False Government grantees or contractors and (ii) property which is requested or demanded, or Claims Act liability. Because this expands con- paid with Government grant or contract funds. if the Government will reimburse such con- spiracy liability to other sub-sections of 3729, In Allison Engine Co. v. United States ex rel. tractor, grantee, or other recipient for any por- this particular amendment is a substantive

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.038 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1299 change. The rest of the Section 4 amend- tice that it has been employing a practice that C. SECTION 4(C)—CIVIL INVESTIGATIVE DEMANDS ments are meant to merely clarify the existing has led to multiple instances of overpayment. The False Claims Act was amended in 1986 scope of False Claims Act liability. For example, if a corporation learns after-the- to give the Department of Justice an effective fact that it has been violating a billing rule or investigative tool: civil investigative demands 4. Wrongful Possession, Custody or Control a contract requirement in its billing, and it or ‘‘CIDs,’’ which are administrative subpoenas of Government Property nonetheless fails to comply with a legal obliga- for documents, interrogatory responses and The amendments to the False Claims Act in tion to disclose the resulting overpayments, sworn testimony that may be used to inves- S. 386 also update current Section 3729(a)(4) this amendment renders the corporation liable tigate allegations of potential violations of the of the False Claims Act, which makes the under the Act for all overpayments resulting False Claims Act. Use of this tool, provided for Government’s ability to recover for conversion from the violation of the billing rule or contract in Section 3733, is increasingly necessary for of Government assets dependent upon requirement, even those not specifically identi- effective investigation of False Claims Act alle- issuance of an inaccurate certificate or receipt. fied or quantified. gations. Program agencies are strapped for This language is unchanged from the original We use the term ‘‘disclose’’ in this provision resources and unable to assign investigators Act as drafted in 1863. This outmoded phrase- to mean full disclosure of all the pertinent facts even to meritorious cases, let alone issue Of- ology led the court in United States ex rel. concerning the overpayment to the appropriate fice of Inspector General subpoenas. Aakhus v. Dyncorp, Inc., 136 F.3d 676 (10th Government officials with authority to deter- Nevertheless, as a result of restrictive lan- Cir. 1998), to dismiss a case on the technical mine what actions, if any, the recipient of the guage in the False Claims Act’s CID provi- grounds that no receipt was provided. Where overpayment should take to remedy the situa- sions, the Department of Justice very rarely knowing conversion of Government property tion. uses CIDs. The Assistant U.S. Attorneys and occurs, it should make no difference whether The amendments also define the term ‘‘obli- Main Justice trial attorneys are disinclined to the person committing the offense receives an gation’’ to include fixed and contingent duties use these subpoenas because of the length of inaccurate certificate or receipt documenting owed to the Government, a term intended to time required to obtain review and approval by the transaction. The updated provision elimi- encompass, among other things, ad valorem the Attorney General. Pursuant to Section nates reference to such documentation. It ap- and other customs duties, such as custom du- 3733, the Attorney General may not delegate pears in the renumbered provisions of the Act ties for mismarking country of origin on im- his authority to issue CIDs. ported products. The amendments are in- Moreover, Department attorneys are con- as Section 3729(a)(1)(D). tended to overrule the result reached in Amer- cerned that the False Claims Act, by limiting 5. Wrongful Retention of Government Money ican Textile Manufacturers Institute, Inc., access to CID material to Government or Property supra, as applied to ad valorem duties im- ‘‘custodians’’ and ‘‘false claims law investiga- Currently, Section 3729(a)(7) of the False posed for import violations. Reference to that tors,’’ implicitly may preclude them from show- Claims Act imposes liability for ‘‘reverse’’ particular custom duty is not intended to ex- ing the documents, interrogatory responses False Claims Act violations when a person clude other types of customs duties or statu- and testimony obtained through CIDs to fact makes or uses false records or statements to tory obligations that are similar in effect and and expert witnesses and consultants, and the conceal, avoid, or decrease an obligation to purpose or that otherwise meet the definition parties, in connection with their investigation pay or transmit money or property to the Gov- set forth in the proposed amendments. or litigation of the case or proceeding. While ernment. This liability provision is analogous to B. SECTION 4(B): GOVERNMENT COMPLAINTS-IN- statutory language does permit them to make INTERVENTION the liability established under current Section ‘‘official use’’ of this material, they are none- Section 4(b) of S. 386 deals with the Gov- theless disinclined to rely on this language 3729(a)(2) for making false records or state- ernment’s ability to intervene in a relator’s alone because of potential ambiguity as to its ments to get false or fraudulent claims paid or case. The False Claims Act does not ex- reach. Without being able to share the evi- approved. The Act, however, currently con- pressly provide that the United States may dence in this manner, they fear that they may tains no provision that expressly imposes li- amend the qui tam plaintiff’s complaint—or, if be unable to make sense of the documents ability on a person who wrongfully avoids a more practical, file its own complaint upon and information produced and, accordingly, duty to return funds or property to the United intervention in a qui tam case—subject to the rarely employ CIDs. States by remaining silent. The amendments same rules on ‘‘relation back’’ of amended Section 4(c) of S. 386 facilitates the address this issue by expressly imposing li- claims as would apply if it were amending its issuance of CIDs by amending Section 3733 ability on anyone who ‘‘knowingly conceals or own complaint. Federal Rule of Civil Proce- to authorize the Attorney General to delegate knowingly and improperly avoids or decreases dure 15(c)(2) provides that a party’s amend- the authority to issue CIDs to a designee, and an obligation to pay or transmit money or ment of a pleading will relate back to the date clarifying that CIDs may be issued during the property to the United States.’’ This language of its original pleading when the claim ‘‘as- investigation of qui tam allegations prior to the is intended to make clear that a person who serted in the amended pleading arose out of Government’s intervention decision. Section retains an overpayment, while avoiding a duty the conduct, transaction, or occurrence set 4(c) also clarifies that the Attorney General or to disclose or return the overpayment that forth or attempted to be set forth in the original his designee may disclose CID material to the arises from a statute, regulation or contract, pleading.’’ In United States v. Baylor Univ. qui tam plaintiff when necessary to further a violates the False Claims Act. Indeed, to ad- Medical Center, 469 F.3d 263 (2d Cir. 2006), False Claims Act investigation or litigation. Qui dress any potential confusion among the the Second Circuit suggested that the United tam plaintiffs are not only parties to the False courts as to what is intended to be encom- States may not be able to avail itself of this Claims Act proceeding, they often are fact wit- passed within the term ‘‘obligation’’ as used in rule when amending a qui tam plaintiff’s com- nesses or experts in the subject matter under Section 3729(a)(7), the amendments define plaint. The implication of this ruling is that the investigation. Accordingly, more often than that term in new Section 3729(b)(3) as encom- United States could sometimes be forced to not, it will be necessary for the Department of passing legal duties that arise from the reten- forgo a thorough investigation of the merits of Justice to show information obtained through tion of any overpayment. qui tam allegations in order to ensure that it CIDs to the relator in order to investigate or A legal obligation to disclose or refund an does not lose claims due to the running of the litigate the allegations effectively. However, overpayment can arise in various ways. Exam- statute of limitations. the Department of Justice retains the discre- ples include, but are not limited to: (i) Govern- Section 4(b) clarifies that the Government’s tion to evaluate whether disclosure to the rela- ment contracts that incorporate a rule of the complaint in intervention or amended com- tor is appropriate under the circumstances of Federal Acquisition Regulations that requires plaint will relate back to the date of the original the case, taking into account such factors as disclosure of an overpayment, and (ii) criminal qui tam complaint so long as the conditions of the need to protect the integrity of its inves- statutes that penalize a party’s non-disclosure Federal Rule of Civil Procedure 15(c)(2) other- tigation. of an overpayment in order to fraudulently se- wise are met. Thus, Section 4(b) adds a new Finally, to eliminate any ambiguity on the cure the overpayment. Importantly, the paragraph (c) to Section 3731 that expressly question of whether Department of Justice at- amendments do not impose liability in situa- provides that the United States’ complaint-in- torneys may use and disclose the documents, tions in which the law clearly permits the re- intervention or amended complaint relates testimony and interrogatory responses ob- cipient of the overpayment to retain the over- back to the date of the complaint filed by the tained through CIDs in connection with the payment without disclosure pending a rec- qui tam plaintiff ‘‘to the extent that the claim of steps that law enforcement customarily takes onciliation process. the Government arises out of the conduct, to investigate, and, if required, litigate allega- Liability for all non-disclosed overpayments transactions, or occurrences set forth, or at- tions of wrongdoing, Section 4(c) of the bill of the same type also should be imposed tempted to be set forth, in the prior complaint clarifies Section 3733 by adding a new defini- once an organization or other person is on no- of that person.’’ tion of ‘‘official use’’ in subsection 3733(1).

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.041 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1300 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 The definition provides that ‘‘official use’’ in- ment will ensure that Section 3730(h) protects litigation over whether the amendments apply cludes ‘‘any use that is consistent with the physicians from discrimination by health care retroactively, as occurred following the 1986 law, and the regulations and policies of the providers that employ them as independent False Claims Act amendments. Department of Justice.’’ The new definition of contractors, and government subcontractors However, while the amendments state that ‘‘official use’’ also includes specific examples from discrimination or other retaliation by gov- the remainder of the Section 4(a) liability pro- of the types of uses that fall within the term ernment prime contractors. visions are not retroactive, the courts should I should note that this amendment does not ‘‘official use.’’ These examples are not meant recognize that Section 4(a) only includes one in any way require that a qui tam plaintiff must to be an exhaustive list, but rather illustrative substantive change to existing False Claims have refused to engage in the misconduct or of the ordinary, lawful uses of subpoenaed Act liability, which is the expansion of the con- tried to stop the fraud internally before he or material in a Department of Justice investiga- spiracy liability. All of the other Section 4(a) she may avail themselves of the incentives tion or litigation that we intend the Department amendments merely clarify the law as it cur- and protections in the False Claims Act. As of Justice to employ in False Claims Act rently exists under the False Claims Act. With the Congress recognized when the False cases. Section 4(c) of the bill also removes the exception of conspiracy liability, the courts confusing language in Section 3733(i)(2)(B) Claims Act’s qui tam provisions were first en- should rely on these amendments to clarify and (C) that could be misinterpreted by the acted in the nineteenth century, and as we the existing scope of False Claims Act liability, courts to prevent the custodian of CID material have repeatedly affirmed in different contexts, even if the alleged violations occurred before from sharing the material with other Depart- including the new IRS whistleblower law, the enactment of these amendments. ment of Justice or program agency personnel sometimes it ‘‘takes a rogue to catch a rogue.’’ for these official uses in the absence of au- An individual who participates in the fraud, In other words, the clarifying amendments in thority from regulations or a court. and who for whatever reason does not chal- Section 4(a) do not create a new cause of ac- D. SECTION 4(D): RELIEF FROM RETALIATORY ACTIONS lenge the misconduct within his or her organi- tion where there was none before. Moreover, Section 3730(h) of the False Claims Act im- zation, is still entitled to a relator’s award and these clarifications do not remove a potential poses liability on any employer who discrimi- the protections of Section 3730(h) unless he defense or alter a defendant’s potential expo- nates in the terms or conditions of employ- or she is otherwise barred by a specific provi- sure under the Act. In turn, courts should con- ment against an employee because of the em- sion in the law. sider and honor these clarifying amendments, ployee’s lawful acts in furtherance of a qui tam E. SECTION 4(E): SERVICE UPON STATE PLAINTIFFS for they correctly describe the existing scope action. This section needs to be amended so Increasingly, qui tam plaintiffs are filing of False Claims Act liability under the current that it is clear that it covers the following types False Claims Act actions on behalf of not only and amended False Claims Act. The amended of retaliation that whistleblowers commonly the Federal Government, but also one or more conspiracy provision, on the other hand, is lim- have faced over the course of the last twenty States joined as co-plaintiffs pursuant to state ited to those violations that occur after the en- years: (i) retaliation against not only those who False Claims Act statutes. Such cases ordi- actment of these amendments. actually file a qui tam action, but also against narily allege false claims submitted to Med- Each of the provisions in S. 386 dealing those who plan to file a qui tam that never icaid, which is a program funded jointly by the with the False Claims Act is key to protecting gets filed, who blow the whistle internally or United States and the states. These cases are taxpayer dollars, and I urge my colleagues to externally without the filing of a qui tam action, increasing in number as many states recently support this legislation. or who refuse to participate in the wrongdoing; have enacted qui tam statutes, and many (ii) retaliation against the family members and more are expected to do so in light of provi- f colleagues of those who have blown the whis- sions in the Deficit Reduction Act of 2005. tle; and, (iii) retaliation against contractors and False Claims Act Section 3732 provides that HONORING THOSE WHO HAVE agents of the discriminating party who have state law claims may be asserted in a case SERVED IN THE ARMED FORCES been denied relief by some courts because filed under the federal False Claims Act if the they are not technically ‘‘employees.’’ claims arise from the same transaction or oc- To address the need to widen the scope of currence. The statute is unclear, however, as HON. JOE SESTAK to whether the seal imposed by the U.S. Dis- protected activity, Section 4(d) of S. 386 pro- OF PENNSYLVANIA vides that Section 3730(h) protects all ‘‘lawful trict Court on the case pursuant to Section acts done’’ . . . in furtherance of . . . other 3730(b) precludes the qui tam plaintiff from IN THE HOUSE OF REPRESENTATIVES complying with state requirements to serve the efforts to stop 1 or more violations’’ of the Wednesday, June 3, 2009 False Claims Act. This language is intended to complaint, or restricts the qui tam plaintiff and make clear that this subsection protects not the Federal Government in their ability to Mr. SESTAK. Madam Speaker, only steps taken in furtherance of a potential serve other pleadings on the States, and dis- A CORPSMAN’S LAMENT or actual qui tam action, but also steps taken close other materials to the States. to remedy the misconduct through methods The amendment in Section 4(e) of S. 386 (By HM3 Mike Hall, 5th Marine Division Iwo such as internal reporting to a supervisor or adds a new paragraph (c) to Section 3732 that Jima) company compliance department and refusals clarifies that the seal does not preclude serv- I remember fair-haired dreamers, to participate in the misconduct that leads to ice or disclosure of such materials to the State Full of themselves, going off to war. the false claims, whether or not such steps officials authorized to investigate and pros- We went willing with visions of heroism in our head. are clearly in furtherance of a potential or ac- ecute the allegations that the qui tam plaintiff raises on behalf of the State. This paragraph We felt prepared for what was to come. tual qui tam action. Then they opened the door to let reality in; To address the concern about indirect retal- also clarifies that State officials and employ- Fear, blood, and the smell of death. iation against colleagues and family members ees must respect the seal imposed on the All around us were the cries for ‘‘Doc!’’ of the person who acts to stop the violations case to the same extent as other parties to Who should we help? of the False Claims Act, Section 4(d) clarifies the proceeding must respect the seal. I tend to the first, second, and third: Section 3730(h) by adding language expressly F. SECTION 4(F). EFFECTIVE DATE AND APPLICATION Bandages, Morphine, plasma, and more. protecting individuals from employment retalia- Section 4(f) of S. 386 provides that the No time for me to feel or think tion when ‘‘associated others’’ made efforts to amendments in Section 4 take effect upon en- Keep moving, keep helping; don’t sleep. Then they bring him all battered, near stop False Claims Act violations. This lan- actment and apply to conduct on or after the death; guage is intended to deter and penalize indi- date of enactment, with the exception of the I can’t save him. rect retaliation by, for example, firing a spouse amendment of Section 3729(a)(1)(B), which I look into his eyes and want to cry. or child of the person who blew the whistle. shall apply to False Claims Act claims pending ‘‘Doc it’s okay, let me go.’’ To address the need to protect persons who on or after June 7, 2008, and the amendments I ignore his words; I try. seek to stop violations of the Act regardless of set forth in Section 4(b), (c), and (e) of the Bill, This man who looks like me . . . he dies. whether the person is a salaried employee, an each of which shall apply to all cases pending Tears flow down my cheeks. employee hired as an independent contractor, on the date of enactment. We intend for the No time to grieve, five others lay at my feet. That day stays with me still. or an employee hired in an agency relation- definition of claim also to apply to all False I shall never forget his words. ship, Section 4(d) of S. 386 amends Section Claims Act claims pending on or after June 7, ‘‘It’s okay, Doc. 3730(h) so that it expressly protects not just 2008, as that definition is an intrinsic part of Let me go.’’ ‘‘employees’’ but also ‘‘contractors’’ and amended Section 3729(a)(1)(B). The purpose With his last breath, ‘‘agents.’’ Among other things, this amend- of this amendment is to avoid the extensive He comforted me.

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.044 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1301 HONORING THE RETIREMENT OF versary. The town of Warsaw has been and alumni on this momentous achievement. I ask SENIOR CHIEF PETTY OFFICER will continue to be a shining example for those all my colleagues to join me in honoring this TAMMY LOGAN who are willing to fight for their freedom and fine organization for all the work they have liberty. done for the people of Sacramento, and to HON. RICK LARSEN f wish them continued success in the future. f OF WASHINGTON IN HONOR OF THE SACRAMENTO IN THE HOUSE OF REPRESENTATIVES REGIONAL CONSERVATION PERSONAL EXPLANATION Wednesday, June 3, 2009 CORPS’ 25TH ANNIVERSARY Mr. LARSEN of Washington. Madam Speak- HON. TRENT FRANKS er, I rise today to honor Senior Chief Petty Of- HON. DORIS O. MATSUI OF ARIZONA ficer Tammy D. Logan, United States Navy, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES who is retiring after 20 years of service to our Wednesday, June 3, 2009 nation. Wednesday, June 3, 2009 In May 1989, Senior Chief Logan, a native Mr. FRANKS of Arizona. Madam Speaker, of my home state of Washington, enlisted in Ms. MATSUI. Madam Speaker, I rise today on rollcall No. 294 I was unavoidably detained. the U.S. Navy as a Seaman Recruit. Over the to congratulate the members, employees, and Had I been present, I would have voted course of the next twenty years, Senior Chief supporters of the Sacramento Regional Con- ‘‘yes.’’ Logan served the Navy in a wide variety of servation Corps on the 25th anniversary of the f roles, travelling throughout the country and organization’s founding last week. For the last PERSONAL EXPLANATION overseas. Her assignments include Helicopter twenty-five years, this fine organization has Anti-Submarine Squadron (Light) 32, Carrier improved the Sacramento region, while also Strike Group 5, and the Commander in Chief, transforming the lives of thousands of corps- HON. J. GRESHAM BARRETT U.S. Atlantic Fleet. members. OF SOUTH CAROLINA Throughout her career, Senior Chief Logan In 1984, the Sacramento Metropolitan IN THE HOUSE OF REPRESENTATIVES Chamber of Commerce saw the need to cre- has demonstrated a commitment to continuing Wednesday, June 3, 2009 her education. In 2002, she earned her Asso- ate a program that would give Sacramento’s ciate of Arts degree from Saint Leo University, young adults an opportunity to further their Mr. BARRETT of South Carolina. Madam and she is currently scheduled to graduate education and at the same time allow them to Speaker, unfortunately I missed recorded from Excelsior College with a Bachelor of garner invaluable work experience. From that, votes on the House floor on Thursday, May 21 Science Degree in July of 2009. the Sacramento Local Conservation Corps 2009. Senior Chief Logan has also earned a vari- was born. In order to properly reflect their Had I been present, I would have voted ety of awards for her outstanding service to growth and commitment to the greater Sac- ‘‘Nay’’ on Roll Call vote #282 (on agreeing to our country. Her personal awards include the ramento region’s wellbeing, they recently H. Con. Res. 133), ‘‘Nay’’ on Roll Call vote Meritorious Service Medal, Navy and Marine changed their name to the Sacramento Re- #283 (Table Appeal of the Ruling of the Corps Commendation Medal (two awards), gional Conservation Corps. Chair), ‘‘Nay’’ on Roll Call vote #284 (on or- Navy and Marine Corps Achievement Medal The Sacramento Regional Conservation dering the previous question to H. Res. 464), (five awards), and the Good Conduct Medal Corps is a true community partnership. Exem- ‘‘Nay’’ on Roll Call vote #285 (on agreeing to (six awards). plifying this is their board of directors, com- H. Res. 464), ‘‘Aye’’ on Roll Call vote #286 I commend Senior Chief Logan for her com- prised of representatives from local financial (on agreeing to the conference report to S. mitment to our country and the sacrifices she institutions, law firms, businesses and govern- 454), ‘‘Aye’’ on Roll Call vote #287 (on motion has made on its behalf. On the occasion of ment agencies. Their funding sources are to suspend the rules and pass H.R. 1676), her retirement, I thank her and her family for equally as diverse. Each year the SRCC’s ‘‘Aye’’ on Roll Call vote #288 (on agreeing to her honorable service to our nation and wish committed staff looks far and wide in soliciting the Burgess of Texas amendment to H.R. her fair winds and following seas as she con- funding from government sources, private 915), ‘‘Aye’’ on Roll Call vote #289 (on agree- cludes a distinguished career. grants, and corporate supporters to ensure the ing to the McCaul of Texas amendment to SRCC can continue to serve the public and f H.R. 915), ‘‘Aye’’ on Roll Call vote # 290 (on improve the lives of its corpsmembers. agreeing to the motion to recommit with in- A PROCLAMATION HONORING THE The young men and women that make up structions to H.R. 915), ‘‘Nay’’ on Roll Call TOWN OF WARSAW, OHIO, ON the Sacramento Regional Conservation Corps vote # 291 (on passage of H.R. 915) THE 175TH ANNIVERSARY OF ITS are just as varied as their supporters. They f FOUNDING come from all neighborhoods of Sacramento, from all ethnicities and backgrounds, but they INTRODUCTION OF H.R. 2680, THE are united in their purpose, which is to im- ‘‘TERRITORIAL HEALTH PARITY HON. ZACHARY T. SPACE ACT OF 2009’’ OF OHIO prove their own lives and their community. IN THE HOUSE OF REPRESENTATIVES They take on projects from clearing creeks and planting trees to teaching children about HON. MADELEINE Z. BORDALLO Wednesday, June 3, 2009 recycling and performing weatherization im- OF GUAM Mr. SPACE. Madam Speaker: provements on the homes of the less fortu- IN THE HOUSE OF REPRESENTATIVES Whereas, Colonel William Simmons, a trust- nate. Since their founding in 1984, over 4,500 Wednesday, June 3, 2009 ed friend of General George Washington, young adults have taken part in this wonderful proved himself on the field of battle on numer- organization. Ms. BORDALLO. Madam Speaker, today I ous occasions; and In doing so, corpsmembers often earn their have introduced a bill, H.R. 2680, to amend Whereas, for his more than 40 years of high school diploma or GED. Upon graduating the Social Security Act to provide for parity in service, Colonel Simmons was given 4,297 from the Sacramento Regional Conservation the Medicaid program for Puerto Rico, the acres of land in Southeastern Ohio; and Corps many have enrolled in college courses, U.S. Virgin Islands, Guam, the Commonwealth Whereas, Colonel Simmons laid out the while others have obtained well paying jobs. of the Northern Mariana Islands (CNMI), and plots of land in 1820 which were to become While in the program, corpsmembers learn American Samoa. This bill, entitled the ‘‘Terri- the town of Warsaw; and valuable lessons in teamwork, community torial Health Parity Act of 2009,’’ would amend Whereas, Warsaw was named after the stewardship, and about how to become lead- the Social Security Act to eliminate the federal capital of Poland, a country then attempting to ers in their own right. funding caps now in place and to strike the achieve its own independence; and Madam Speaker, as the Sacramento Re- statutorily set Federal Medicaid Assistance Whereas, the official town charter dates gional Conservation Corps celebrates their Percentage (FMAP) of 50% that currently ap- back to June 3, 1834; now, therefore, be it 25th Anniversary at the annual ‘‘Breakfast on plies to all the territories. This bill would en- Resolved, that along with friends, family, the River,’’ I am honored to congratulate sure that each of the territories, like each of and the residents of Warsaw, as well as the SRCC Executive Director Dwight the 50 states, receives an FMAP that accu- entire 18th Congressional District, I congratu- Washabaugh, Board President Philip rately reflects its economic conditions and de- late the town of Warsaw on their 175th Anni- Lantsberger, and the thousands of SRCC mographics. In addition, because certain data

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.047 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1302 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 needed to determine the true FMAP rates for program for the territories. This bill is to serve RESOURCES, REVENUE, AND RE- the territories is presently lacking from the Bu- as starting point for advancing parity in treat- SPONSIBILITY: STRENGTHENING reau of Economic Analysis (BEA), this bill ment for the territories, with respect to the na- REVENUE AND BUDGET TRANS- would direct the Secretary of the Department tional health care reform debate. There are PARENCY THROUGH THE EX- of Health and Human Services to take steps other areas of federal law that need to be TRACTIVE INDUSTRIES TRANS- to ensure that the FMAP rates for the terri- amended in order to improve public health in PARENCY INITIATIVE tories are calculated in a fair and appropriate the territories and to bring full parity. These in- manner. clude, for example, amendments to law gov- HON. ALCEE L. HASTINGS It is clear from all the evidence that the fed- erning Medicare Part D and the Supplemental OF FLORIDA eral funding caps and the FMAP set in statute Security Income Program (SSI). We look for- IN THE HOUSE OF REPRESENTATIVES at 50% (which applies solely to the territories) ward to working with the leaders in the House Wednesday, June 3, 2009 have created significant health disparities be- of Representatives and the Senate, and the tween residents of the territories and their fel- Chairmen and Ranking Members of the com- Mr. HASTINGS of Florida. Madam Speaker, low citizens residing in the 50 states. Addition- mittees of jurisdiction in both chambers in ad- as Co-Chairman of the U.S. Commission on ally, this policy has resulted in the territorial vancing legislation addressing these issues, Security and Cooperation in Europe (com- governments shouldering a disproportionately including the bill we have introduced today. monly referred to as the Helsinki Commis- high financial liability when it comes to pro- sion), I recently returned from a meeting in viding health care services to their indigent f Dublin, Ireland, with almost 100 parliamentar- populations. Treating the territories in such ians from 30 countries where we had the op- fashion is as unjust in principle as it is harmful THE LUMBEE RECOGNITION ACT portunity to discuss responses to the global in effect. AND THE THOMASINA E. JORDAN economic crisis. The meeting was organized The bill I have introduced today, along with INDIAN TRIBES OF VIRGINIA by the Organization for Security and Coopera- my colleagues from the territories, is needed FEDERAL RECOGNITION ACT OF tion in Europe Parliamentary Assembly (OSCE as Congress continues the debate over com- 2009 PA) and the Parliament of Ireland. All coun- prehensive health care reform. Based on a re- tries are grappling with difficult national prob- port released last year by the Office of Insular lems related to the economic crisis. And in- Affairs, within the Department of the Interior, HON. DONNA M. CHRISTENSEN deed, we are in a crisis, and for America, this the territories’ health jurisdictions are ‘‘at the is the worst economy we’ve experienced since OF THE VIRGIN ISLANDS crossroads of a total breakdown.’’ Combined the Great Depression in the 1920s. People all with the financial state of the territorial govern- IN THE HOUSE OF REPRESENTATIVES across America, and in my home state of Flor- ments, operating under decreasing revenues Wednesday, June 3, 2009 ida, are losing their homes, their jobs, and are due to an economic downturn, the territories unable to provide for their families. must bear a majority of the payment for indi- Mrs. CHRISTENSEN. Madam Speaker, I In addition to discussions on financial regu- gent care under the current arrangements. Ac- am honored to join my colleagues to once lation, trade protectionism, good governance, cordingly, eliminating the funding caps and ad- again support H.R. 31, the Lumbee Recogni- and the social consequences of the crisis, I justing the FMAPs for the territories are both tion Act offered by Rep. MCINTYRE and H.R. was pleased that we also discussed revenue critically important to public health in these 1385, the Thomasina E. Jordan Indian Tribes transparency in the extractive industries as an U.S. jurisdictions. of Virginia Recognition Act of 2009 introduced integral part of creating more transparency in Additionally there is a provision in this bill by Rep. MORAN. the global financial system overall. As legisla- that extends the Medicaid program to the citi- It is only fitting that these indigenous popu- tors, we have a duty to find ways to relieve zens of the Freely Associated States (FAS), lations be officially recognized as Native peo- the suffering caused by the financial crisis which is comprised of the Federated States of ples of this land. As we move forward as a through vital investments in health care, edu- Micronesia (FSM), the Republic of the Mar- Nation to level the playing field for all citizens, cation, infrastructure, and job creation so that shall Islands (RMI) and the Republic of Palau H.R. 31 and H.R. 1385 is undoubtedly a mon- we can emerge from this crisis stronger and (RoP). The FAS governments have special re- umental step in righting these historical trage- better than before. But part of the solution is lationships with the United States, as they en- dies. I second the sentiments of our President looking at how we even got into this crisis. tered into Compacts of Free Association that in his remarks that Congress should intervene Transparency—or the lack of it—in the finan- have been approved by the Congress of the and recognize the Lumbee Indians as a tribal cial world is certainly one of the culprits. And United States. One component of these inter- group. as revenue dwindles, making the most of what national, federally-negotiated agreements, al- we have becomes even more important. lows for the unrestricted entry of citizens of Aptly extending federal distinction to the The way I see it, improvements in revenue the FAS to the United States, including the Lumbee, Chickahominy, Chickahominy—East- transparency, particularly when we focus on territories, without visas. Many FAS citizens ern Division, Upper Mataponi, Rappahannock, the extractive industries, are important in at have settled in the Pacific territories of Guam Monacan and Nansemond tribes is the only least three key ways: The first is to help allevi- and the Commonwealth of the Northern Mar- way to address hundreds of years of injustice ate poverty. 3.5 billion people live in countries iana Islands. They also constitute a significant endured. that are rich in oil, gas and minerals. With and growing presence in the states of Hawaii Federal recognition will dramatically trans- good governance, the exploitation of these re- and Arkansas. This section of the bill is impor- form the lives of the Native American tribes sources can generate large revenues to foster tant as it extends federal Medicaid coverage currently being considered. Our failure to ex- growth and reduce poverty. Resource revenue to them and would set an FMAP for otherwise tend federal recognition to them has meant transparency is necessary in order for citi- qualified services rendered by the states and years of discriminatory treatment. Countless zens—the true owners of their country’s nat- territories to them at 100%. This change in law individuals have had difficulty naming children, ural wealth—to be able to demand greater ac- would ensure that the territorial and state gov- getting marriage licenses and even getting in- countability from their governments for spend- ernments do not shoulder the sole costs of ducted into military service. Other communities ing that serves the public interest. providing care for these citizens. I believe that have been disproportionately affected by inter- The second is to promote stable investment this provision is consistent with the intent of ruptions and cuts in funding that are crucial to climates. Mandatory disclosure can help di- the Medicaid program and provides for health services provided by tribal programs. minish the political instability caused by equity to a disenfranchised population. It has been a long time coming, but it is opaque governance. Since extractive indus- This bill represents policy for which I and high time that they are ascribed the rights and tries are capital-intensive and dependent on my colleagues from the territories—Mr. protections afforded to other citizens of our long-term stability to generate returns, trans- PIERLUISI of Puerto Rico, Mrs. CHRISTENSEN of Country. parency of payments made to a government the Virgin Islands, Mr. SABLAN of the Northern can help mitigate political and reputational Mariana Islands, and Mr. FALEOMAVAEGA of While this is a time marked by challenge for risks and also allow shareholders to make bet- American Samoa—have collaborated. We are the entire Nation, it is my hope that this legis- ter-informed assessments of opportunity costs. grateful for the support that we have received lation be stalled no more and swiftly enacted The third area is to enhance energy secu- from Mr. SERRANO, who joins us as an original into law. rity. Opening the extractive industries sector to co-sponsor. Each of us and our predecessors I urge my colleagues to support this very greater public scrutiny is key to increasing civil has worked on improving the federal Medicaid important piece of legislation. society participation in government. This form

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K03JN8.010 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1303 of transparency, in conjunction with an in- of the world’s largest oil, gas and mining com- eign vessels for safety violations—ensuring creasingly active civil society, can help create panies. I’m hopeful that we will see that legis- the safety of vessel operations in the Port of more stable, democratic governments, as well lation pass in this Congress. Baltimore. He also managed more than 1,100 as stable business environments. Another tool is direct communication with search and rescue cases that saved the lives It’s a well-known, and well-bemoaned, fact the Executive Branch. One thing we have al- of more than 250 mariners in distress. that the United States is becoming more and ready started discussions with the Obama Ad- Captain Kelley oversaw a major effort to im- more reliant on imported energy to fuel our ministration on is how we can play a respon- prove environmental conditions at Sector Balti- economy. We are the world’s largest con- sible role—not dominant—in EITI. I strongly more and directed the clean-up of the aban- sumer of oil—we account for an astounding 25 believe that the best thing we can do to help doned vessel Sea Witch, preventing the re- percent of global daily oil demand—despite boost EITI is to follow the lead of other OSCE lease of more than half a million gallons of oil having less than 3 percent of the world’s prov- member states such as Azerbaijan, into the environment. en reserves. And we source that oil from Kazakhstan, Kyrgyzstan and Norway and be- Captain Kelley’s next assignment will be as some unstable and unfriendly places in the come a Candidate Country with the goal of the Deputy Commander of the Coast Guard’s world such as Nigeria and Venezuela. becoming fully compliant with EITI standards. Personnel Services Command. As such, he In the context of today’s discussion some of Right now we think that can be accomplished will assist in managing all personnel services you may wonder why the United States should without any legislative action by the Congress, for all of the Coast Guard’s nearly 42,000 ac- care what is happening in Turkmenistan or but if we do need to make some legal tive duty military members and in supervising Kazakhstan, when we don’t rely on these changes, then that is something we will work the Coast Guard’s recruiting efforts. countries for our energy supplies. Russia is on. Since graduating from the Coast Guard only number eight on our list of top ten oil If there is one word that has gotten us in Academy in 1982, Captain Kelley’s assign- suppliers and Kazakhstan, Turkmenistan, this problem, it is greed. This needs to be said ments have included service as the Com- Uzbekistan and Azerbaijan don’t even make it so that we as legislators can do something mander of cutters ATTU and POINT FRANK- into the top twenty. about it. As we are talking about hedge funds, LIN. He also served as Chief of the Strategic The answer is that unlike natural gas, oil is and all these other mechanisms for moving and Business Planning Division at Coast a commodity, so regardless of where we money, we can’t ignore the impact of the Guard headquarters and was a Federal Exec- source our oil, what happens in other oil-rich shadow economy. It is something that we utive Fellow at the Center for Strategic and countries impacts the stability of our price and need to address because it fuels crime and in- International Studies. our supply as well. Truly, no one country can stability. On a personal note, I have known Captain achieve energy security without global energy Madam Speaker, in the Dublin meeting Kelley to be an extraordinarily conscientious security. there were many opinions about the roots of leader—and have appreciated his personal I think we can all agree that relying on a the crisis and potential solutions. However, hospitality during numerous events at Sector country as a source of energy can distort a bi- one clear message I took away from that Baltimore. lateral relationship. I’m sure you can imagine meeting is that we must work together to find I have also appreciated his diligence in how drastically different our interactions with a global solution to a global crisis. keeping me and my staff fully informed of de- some countries would be if we did not rely so f velopments at Sector Baltimore, including the heavily on these countries’ resources. I think it Sector’s evaluation of the proposed LNG ter- goes without saying that we would have more PERSONAL EXPLANATION minal at Sparrow’s Point in the Port of Balti- leverage to promote democracy and civil soci- more. ety. Clearly oil constrains, if not drives, our for- HON. J. GRESHAM BARRETT Captain Kelley is an outstanding officer who eign policy. OF SOUTH CAROLINA embodies the highest ideals of the Coast So while it is imperative that we work to limit IN THE HOUSE OF REPRESENTATIVES Guard and I commend him for his dedication to excellence in the service of our nation. our dependence on foreign oil and change the Wednesday, June 3, 2009 dynamic of supply and demand, it is just as f Mr. BARRETT of South Carolina. Madam important to create more stable and reliable Speaker, unfortunately I missed recorded HONORING THE WORK AND sources of energy. One of the key ways the votes on the House floor on Tuesday, June 2, SERVICE OF JACK E. SINGLEY international community has sought to coun- 2009. teract the political and economic instability in- Had I been present, I would have voted herent in the resource curse is through pro- HON. EDDIE BERNICE JOHNSON ‘‘Aye’’ on Roll Call vote #292 (Motion to sus- OF TEXAS grams that seek to instill transparency and ac- pend the rules and Agree to H. Res. 421), IN THE HOUSE OF REPRESENTATIVES countability into the resource payment system. ‘‘Aye’’ on Roll Call vote #293 (Motion to Sus- As legislators, there is a lot that we can do Wednesday, June 3, 2009 pend the Rules and Agree to H.J. Res. 40), to further the cause of transparency in the ex- Ms. EDDIE BERNICE JOHNSON of Texas. ‘‘Aye’’ on Roll Call vote #294 (Motion to Sus- tractive industries. Madam Speaker, I rise today in recognition of pend the Rules and Agree to H. Res. 489) As Co-Chairman of the U.S. Helsinki Com- Jack E. Singley and the 43 years he spent in mission, I have held hearings and briefings on f service to Irving Independent School District. energy security and transparency that call at- UPON THE CHANGE OF COMMAND Jack Singley began his career in 1965 by tention to problems and advocate for solu- AT THE PORT OF BALTIMORE teaching Math at MacArthur High School in Ir- tions. I have also written letters—co-signed by ving, Texas, and rose through the ranks of the a number of my congressional colleagues—on HON. ELIJAH E. CUMMINGS school district to become superintendent in this topic to the Executive Branch to advocate 1988. He served in that role for nearly 21 OF MARYLAND for specific policy stances related to U.S. par- years making him one of the longest serving IN THE HOUSE OF REPRESENTATIVES ticipation in EITI. Drafting and passing legisla- school administrators in Texas. Earlier this tion is also important, and in 2007 we were Wednesday, June 3, 2009 year, he announced that 2009 would mark the successful in passing legislation that spells out Mr. CUMMINGS. Madam Speaker, as end of his remarkable career, and his deter- the importance of extractive industries trans- Chairman of the Subcommittee on Coast mination, strength of character, and wisdom parency in U.S. foreign policy and directs the Guard and Maritime Transportation, I rise will be greatly missed. U.S. State Department to actively promote today to recognize the accomplishments of Throughout his career, Mr. Singley saw the EITI. Captain Brian Kelley, who has served as the transformation of Irving ISD from a small sub- I also co-sponsored legislation that would Commander of Coast Guard Sector Baltimore urban school district to the large vibrant school require oil, gas, and mining companies reg- since June 2006. He is transferring out of this district it is today. During his tenure as super- istered with the U.S. Securities and Exchange assignment on May 29. intendent, eight schools were added to the Commission (SEC) to publicly disclose the As Captain of the Port of Baltimore, Captain school district and the number of employees payments they make to foreign governments Kelley oversaw all Coast Guard operations at serving in Irving ISD nearly doubled. One of for the extraction of natural resources. The in- this major port, currently ranked 12th in value Mr. Singley’s most impressive successes was formation would be included in financial state- of foreign cargo handled and 14th in foreign the creation of The Academy of Irving ISD. ments already required by the SEC and would tonnage handled. This high school opened in 2001 and is con- apply to both American and foreign companies During his tenure, Captain Kelley conducted sidered to be at the forefront of technological listed with the SEC, which includes 90 percent Major Control actions or detentions of 23 for- innovation and educational philosophy.

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A03JN8.052 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1304 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 After Mr. Singley announced his retirement Monte’s screen test was so impressive that well-documented and under certain cir- earlier this year, the Irving ISD School Board he was immediately signed to star in ‘‘The Big cumstances threaten public safety, national voted unanimously to rename the Academy of Bonanza’’ with Richard Arlen. Shortly after he security, industry and the economy, natural re- Irving ISD to the Jack E. Singley Academy, was signed to a 7-year contract with Republic source management, and our American way much to his dismay. With great humility and where he was groomed up with films starring of life. As these risks increase and become regard for others, he asked that the school not Wild Bill Elliott, Sunset Carson, and such fare more known, we are all challenged with how be named in his honor and said, ‘‘I honestly as ‘‘Steppin in Society’’ (1945) with Everett to strategically respond and adapt to an un- Horton. believe that when you’re naming schools after predictable climate. Just as my constituents in local people, they ought to be volunteers, not Around this time the executives at Republic were looking for someone to test a new color Guam face uncertainty over how to respond to staff members.’’ rising sea levels and the increasing frequency Jack Singley has made such a big dif- film and they decided to team Monte with Adri- and ferocity of cyclonic storms, such as ty- ference in the lives of so many students and an Booth in the Magnicolor ‘‘Home On The teachers, and I cannot think of a better way to Range’’ (1946), thus making Monte Hale Re- phoons, each state and territory of our great honor him than by renaming this academy to public’s first western star in a color series. Nation faces their own challenges in adapting the Jack E. Singley Academy. I ask my fellow Monte went on to star in 19 of his own films. to climate change. Without reliable climate in- colleagues to join me in recognizing Mr. Monte was tall and handsome and pos- formation and tools to project climate impacts, Singley and his lifelong commitment to ensur- sessed an excellent voice. With this in mind, it is difficult for any government to make in- ing quality education for young people in Ir- Republic put his voice and his songwriting tal- formed and strategic decisions. Strong leader- ents to work in the westerns. Not considered ving, Texas. ship, better coordination, more exchanges of true musical westerns like those of Gene Autry f information, and a new approach to federal cli- and Roy Rogers, Monte’s films were mainly mate services are required to strategically and dramas in which he stopped to sing a song PERSONAL EXPLANATION cost-effectively manage public and private re- now and then. He became one of Republic’s HON. J. GRESHAM BARRETT most popular and respected singing cowboys. sources in this dynamic environment. Hale made a significant splash in the inter- H.R. 2685, the Climate and Ocean Re- OF SOUTH CAROLINA national comic book market of the era. Six IN THE HOUSE OF REPRESENTATIVES search and Coordination Act of 2009, which I Monte Hale series of the dime picture books have introduced today, addresses these needs Wednesday, June 3, 2009 were published in 27 languages and over two by providing specific authority to enhance the Mr. BARRETT of South Carolina. Madam million copies per month were sold. leadership role of the National Oceanic and Speaker, unfortunately I missed recorded After his departure from Republic, Monte Atmospheric Administration (NOAA) in the de- went on to do guest starring roles on such TV votes on the House floor on Wednesday, May livery of oceanic, weather, atmospheric, and 20, 2009. series as ‘‘Gunsmoke,’’ ‘‘Wild Bill Hickock,’’ and ‘‘Circus Boy.’’ He was a member of the climate services, and for the first time, estab- Had I been present, I would have voted lishes a cooperative governmental and non- ‘‘Nay’’ on Rollcall vote No. 273 (on agreeing to panel on ‘‘Juke Box Jury’’ and appeared on governmental partnership to advance the abil- H.Res. 456), ‘‘Nay’’ on Rollcall vote No. 274 the ‘‘Western Star Theatre’’ radio program. In ity of the federal government and the public to (on ordering the previous question to H.Res. addition he continued his work in films, most 457), ‘‘Nay’’ on Rollcall vote No. 275 (on notably as Rock Hudson’s attorney in ‘‘Giant’’ respond to, adapt to, and plan for climate agreeing to H. Res. 457), ‘‘Nay’’ on Rollcall (1956) and in ‘‘Chase’’ (1966) with Marlon change and climate change impacts. vote No. 276 (concur in all but section 512 of Brando. Title I of this legislation codifies NOAA, ena- Senate amendment to H.R. 627), ‘‘Aye’’ on Off the screen, his most lasting contribution bling it to better execute its diverse respon- was helping to establish the Autry museum. Rollcall vote No. 277 (concur in Section 512 of sibilities, and formalizes its role as the link be- Monte and his wife Joanne were co-founders Senate Amendment to H.R. 627), ‘‘Aye’’ on of the Gene Autry Western Heritage Museum tween global oceanic and atmospheric re- Rollcall vote No. 278 (Motion to suspend the and served as members of the board of direc- search science, and the functions, processes, rules and agree to H. Res. 297), ‘‘Aye’’ on tors and have since the inception of the mu- ecosystems, and management of our coastal Rollcall vote No. 279 (on agreeing to the seum which is now part of the Autry National and ocean resources. Title II establishes a Kratovil of Maryland amendment H.R. 2352), Center as the Museum of the American West. public-private National Climate Enterprise ‘‘Aye’’ on Rollcall vote No. 280 (on agreeing to Hale made other contributions to the mu- (NCE), comprised of federal and non-federal the motion to recommit with instructions to seum after its 1988 opening by greeting partners to provide scientifically-based, author- H.R. 2352), ‘‘Aye’’ on Rollcall vote No. 281 (on guests and enabling them to chat with a real, itative, timely, and useful climate and climate agreeing to H.R. 2352). live singing cowboy. He also started encour- impacts information, products, and services to f aging fellow cowboy stars to contribute their meet end-user needs and guide climate A TRIBUTE TO MONTE HALE signature memorabilia for permanent display change adaptation and mitigation. in the museum’s movie gallery. He donated his own white hat, guns, gun Coping with the uncertainties raised by cli- HON. ADAM B. SCHIFF belt and other prized treasures—then rounded mate change will be one of our Nation’s most OF CALIFORNIA up more contributions, including Chuck Con- serious challenges in the foreseeable future. IN THE HOUSE OF REPRESENTATIVES nors’ shirt from ‘‘The Rifleman’’ TV series, Buf- Credible, reliable, and usable climate informa- Wednesday, June 3, 2009 falo Bill’s saddle and a Lone Ranger outfit. A tion will be fundamental toward determining Mr. SCHIFF. Madam Speaker, I rise today permanent exhibit dedicated to Monte Hale’s our success in confronting this risk to our to celebrate the life and accomplishments of career is located in the Museum of the Amer- economy, society, and environment. Now is the popular Singing Cowboy and actor, Monte ican West’s Spirit of Imagination Gallery. In the time for the Congress to both codify NOAA Hale, who passed away on Sunday, March 29, 2004, Monte was honored with a Star on the and establish a coordinated, public-private Na- 2009, at the age of 89. His career as an enter- Hollywood Walk of Fame for Motion Pictures. tional Climate Enterprise to ensure that our tainer spanned over 60 years in the industry His work for the Autry National Center of the national efforts to mitigate climate impacts will making Westerns and singing country tunes. American West and his legacy as an enter- be guided by the best available scientific infor- Born Samuel Buren Ely in Ada, Oklahoma, tainer will not be forgotten. mation. Monte moving to San Angelo, Texas at an f I look forward to working with my colleagues early age. He bought his first guitar for $8.50 INTRODUCTION OF H.R. 2685, THE on both sides of the aisle, and especially with at the age of thirteen and launched his musi- CLIMATE AND OCEAN RESEARCH my colleagues on the Committee on Science cal career performing at various clubs around AND COORDINATION ACT OF 2009 and Technology which shares oversight re- the State. It was during his performance at a sponsibility for NOAA with the Committee on War Bond Rally that Phillip Isley discovered Natural Resources, to advance this legislation him and soon the handsome, talented young HON. MADELEINE Z. BORDALLO OF GUAM and to strengthen the abilities of the federal man was headed to Hollywood for a screen IN THE HOUSE OF REPRESENTATIVES test. He hitchhiked all the way, stopping at a government and the public to better under- gasoline station around the corner from the Wednesday, June 3, 2009 stand our dynamic climate and respond to, studio, just long enough to wash his face and Ms. BORDALLO. Madam Speaker, the risks adapt to, and plan for climate change impacts. comb his hair before making his appearance. of climate change and climate variability are

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A03JN8.054 E03JNPT1 wwoods2 on PRODPC68 with REMARKS June 3, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1305 SENATE COMMITTEE MEETINGS 10:30 a.m. tion Administration’s role in the over- Appropriations sight of air carriers. Title IV of Senate Resolution 4, Defense Subcommittee SR–253 agreed to by the Senate on February 4, To hold hearings to examine proposed Rules and Administration 1977, calls for establishment of a sys- budget estimates for fiscal year 2010 for To hold hearings to examine the nomina- the Department of Defense. tem for a computerized schedule of all tion of John J. Sullivan, of Maryland, SD–192 to be a Member of the Federal Election meetings and hearings of Senate com- Appropriations Commission. mittees, subcommittees, joint commit- Financial Services and General Govern- SR–301 tees, and committees of conference. ment Subcommittee 3 p.m. This title requires all such committees To hold hearings to examine proposed Rules and Administration budget estimates for fiscal year 2010 for to notify the Office of the Senate Daily Business meeting to consider the nomi- the Department of the Treasury and nation of John J. Sullivan, of Mary- Digest—designated by the Rules Com- the Internal Revenue Service. land, to be a Member of the Federal mittee—of the time, place, and purpose SD–138 Election Commission. of the meetings, when scheduled, and 2:30 p.m. SR–301 Armed Services any cancellations or changes in the Airland Subcommittee JUNE 11 meetings as they occur. To hold hearings to examine the Defense Authorization request for fiscal year 2 p.m. As an additional procedure along Foreign Relations with the computerization of this infor- 2010 and the Future Years Defense Pro- gram for tactical aviation programs. To hold hearings to examine certain mation, the Office of the Senate Daily SR–222 North Korea issues. Digest will prepare this information for Foreign Relations SD–419 printing in the Extensions of Remarks To hold hearings to examine the nomina- 2:30 p.m. Homeland Security and Governmental Af- section of the CONGRESSIONAL RECORD tion of Eric P. Goosby, of California, to fairs on Monday and Wednesday of each be Ambassador at Large and Coordi- nator of United States Government Ac- Oversight of Government Management, the week. tivities to Combat HIV/AIDS Globally, Federal Workforce, and the District of Meetings scheduled for Thursday, Department of State. Columbia Subcommittee June 4, 2009 may be found in the Daily SD–419 To hold hearings to examine S. 372, to Appropriations amend chapter 23 of title 5, United Digest of today’s RECORD. Labor, Health and Human Services, Edu- States Code, to clarify the disclosures cation, and Related Agencies Sub- of information protected from prohib- MEETINGS SCHEDULED committee ited personnel practices, require a To hold hearings to examine proposed statement in nondisclosure policies, JUNE 5 budget estimates for fiscal year 2010 for forms, and agreements that such poli- 9:30 a.m. the Department of Health and Human cies, forms, and agreements conform Joint Economic Committee Services. with certain disclosure protections, To hold hearings to examine the employ- SD–124 provide certain authority for the Spe- ment situation for May 2009. Intelligence cial Counsel. SD–106 To hold closed hearings to examine cer- SD–342 10 a.m. tain intelligence matters. Intelligence Finance S–407, Capitol To hold closed hearings to examine cer- To hold hearings to examine the nomina- tain intelligence matters. tion of Miriam E. Sapiro, of the Dis- JUNE 10 S–407, Capitol trict of Columbia, to be a Deputy Time to be announced United States Trade Representative, Health, Education, Labor, and Pensions JUNE 16 with the rank of Ambassador. Business meeting to consider any pend- 2:30 p.m. SD–215 ing nominations. Armed Services Room to be announced JUNE 9 Airland Subcommittee 9:30 a.m. To hold hearings to examine the Defense 9:30 a.m. Veterans’ Affairs Authorization request for fiscal year Commerce, Science, and Transportation To hold an oversight hearing to examine 2010 and the Future Years Defense Pro- Oceans, Atmosphere, Fisheries, and Coast the Department of Veterans Affairs’ gram for Army modernization and Guard Subcommittee construction process. management of the Future Combat To hold hearings to examine the role of SR–418 Systems Program. the oceans in our nation’s economic fu- 10 a.m. SR–222 ture. Homeland Security and Governmental Af- SR–253 fairs JUNE 17 10 a.m. To hold hearings to examine the nomina- Judiciary tions of Tara Jeanne O’Toole, of Mary- 10 a.m. Constitution Subcommittee land, to be Under Secretary for Science Commerce, Science, and Transportation To hold hearings to examine the legal, and Technology, Department of Home- Aviation Operations, Safety, and Security moral, and national security con- land Security, and Jeffrey D. Zients, of Subcommittee sequences of prolonged detention. the District of Columbia, to be Deputy To hold hearings to examine aviation SD–226 Director for Management, Office of safety, focusing on the role and respon- Environment and Public Works Management and Budget. sibility of commercial air carriers and Oversight Subcommittee SD–342 employees. To hold joint hearings to examine sci- Judiciary SR–253 entific integrity and transparency re- To hold hearings to examine the contin- 2:30 p.m. forms at the Environmental Protection ued importance of the Violence Against Energy and Natural Resources Agency. Women Act. Public Lands and Forests Subcommittee SD–406 SD–226 To hold hearings to examine S. 409, to se- Foreign Relations 2 p.m. cure Federal ownership and manage- To hold hearings to examine the nomina- Banking, Housing, and Urban Affairs ment of significant natural, scenic, and tion of Ellen O. Tauscher, of California, To hold hearings to examine the state of recreational resources, to provide for to be Under Secretary of State for the domestic automobile industry, fo- the protection of cultural resources, to Arms Control and International Secu- cusing on the impact of federal assist- facilitate the efficient extraction of rity. ance. mineral resources by authorizing and SD–419 SD–538 directing an exchange of Federal and Joint Economic Committee 2:30 p.m. non-Federal land, S. 782, to provide for To hold hearings to examine the Trou- Commerce, Science, and Transportation the establishment of the National Vol- bled Asset Relief Program (TARP) ac- Aviation Operations, Safety, and Security cano Early Warning and Monitoring countability and oversight, focusing on Subcommittee System, S. 874, to establish El Rio the strength of financial institutions. To hold hearings to examine aviation Grande Del Norte National Conserva- 210, Cannon Building safety, focusing on the Federal Avia- tion Area in the State of New Mexico,

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M03JN8.000 E03JNPT1 wwoods2 on PRODPC68 with REMARKS E1306 CONGRESSIONAL RECORD — Extensions of Remarks June 3, 2009 S. 1139, to require the Secretary of Ag- JUNE 18 JUNE 24 riculture to enter into a property con- 2:30 p.m. 9:30 a.m. veyance with the city of Wallowa, Or- Armed Services Veterans’ Affairs egon, and S. 1140, to direct the Sec- Emerging Threats and Capabilities Sub- To hold an oversight hearing to examine retary of the Interior to convey certain committee the Department of Veterans Affairs Federal land to Deschutes County, Or- To hold hearings to examine the Defense quality management activities. egon. Authorization request for fiscal year SR–418 SD–366 2010 and the Future Years Defense Pro- gram for United States Special Oper- ations Command. SR–222

VerDate Nov 24 2008 05:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\M03JN8.000 E03JNPT1 wwoods2 on PRODPC68 with REMARKS Wednesday, June 3, 2009 Daily Digest Senate Daniel M. Tangherlini, of the District of Colum- Chamber Action bia, to be an Assistant Secretary of the Treasury. Routine Proceedings, pages S5985–S6133 Daniel M. Tangherlini, of the District of Colum- Measures Introduced: Thirteen bills and one reso- bia, to be Chief Financial Officer, Department of the lution were introduced, as follows: S. 1166–1178, Treasury. and S. Res. 167. Page S6030 Raymond M. Jefferson, of Hawaii, to be Assistant Secretary of Labor for Veterans’ Employment and Measures Considered: Training. Page S6133 Family Smoking Prevention and Tobacco Con- Messages from the House: Page S6028 trol Act: Senate began consideration of H.R. 1256, to protect the public health by providing the Food Measures Referred: Page S6028 and Drug Administration with certain authority to Executive Communications: Pages S6028–30 regulate tobacco products, to amend title 5, United Additional Cosponsors: Pages S6030–32 States Code, to make certain modifications in the Statements on Introduced Bills/Resolutions: Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees’ Retirement Sys- Pages S6032–51 tem, after agreeing to the motion to proceed, taking Additional Statements: Pages S6027–28 action on the following amendments proposed there- Amendments Submitted: Pages S6051–S6132 to: Pages S5994–S6017, S6017–20, S6020–23 Authorities for Committees to Meet: Pending: Pages S6132–33 Dodd Amendment No. 1247, in the nature of a Adjournment: Senate convened at 9:30 a.m. and substitute. Pages S6017–20, S6020–23 adjourned at 7:55 p.m., until 9:30 a.m. on Thurs- Burr/Hagan Amendment No. 1246 (to Amend- day, June 4, 2009. (For Senate’s program, see the re- ment No. 1247), in the nature of a substitute. marks of the Acting Majority Leader in today’s Pages S6019–20, S6020–23 Record on page S6133.) Schumer (for Lieberman) Amendment No. 1256 (to Amendment No. 1247), to modify provisions re- lating to Federal employees retirement. Page S6023 Committee Meetings A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the bill at ap- proximately 10:30 a.m., on Thursday, June 4, 2009. APPROPRIATIONS: DEPARTMENT OF Page S6133 EDUCATION Rural Transit Improvement and Flexibility Committee on Appropriations: Subcommittee on Labor, Act—Referral Agreement: A unanimous-consent Health and Human Services, Education, and Related agreement was reached providing that the Com- Agencies concluded a hearing to examine proposed mittee on Commerce, Science, and Transportation be budget estimates for fiscal year 2010 for the Depart- discharged from further consideration of S. 1144, to ment of Education, after receiving testimony from improve transit services, including in rural States, Arne Duncan, Secretary, and Thomas P. Skelly, Di- and the bill then be referred to the Committee on rector, Budget Services, both of the Department of Banking, Housing, and Urban Affairs. Page S6133 Education. Nominations Received: Senate received the fol- APPROPRIATIONS: DEPARTMENT OF THE lowing nominations: INTERIOR Laurie Susan Fulton, of Virginia, to be Ambas- Committee on Appropriations: Subcommittee on Inte- sador to Denmark. rior, Environment, and Related Agencies concluded D629

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST D630 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2009 a hearing to examine proposed budget estimates for FEDERAL TRANSIT ADMINISTRATION fiscal year 2010 for the Department of the Interior, NEW STARTS PROGRAM after receiving testimony from Ken Salazar, Depart- Committee on Banking, Housing, and Urban Affairs: ment of the Interior. Subcommittee on Housing, Transportation and ELECTRICITY GRID VULNERABILITY Community Development concluded a hearing to ex- amine a fresh start for the Federal Transportation Committee on Armed Services: Subcommittee on Readi- Administration’s New Starts Program, after receiving ness and Management Support received a closed testimony from A. Nicole Clowers, Acting Director, briefing to examine electricity grid vulnerabilities to Physical Infrastructure Issues, Government Account- critical defense assets and missions from James R. ability Office; Richard Sarles, Executive Director, Schlesinger, Co-Chairman, and R. James Woolsey, New Jersey Transit, Newark; Gary C. Thomas, Dal- Jr., Co-Chair, Policy Panel, both of the Defense las Area Rapid Transit, Dallas, Texas, on behalf of Science Board Task Force on Department of Defense the American Public Transportation Association; and Energy Strategy. Mariia Zimmerman, Reconnecting America, Wash- STRATEGIC FORCES BUDGET ington, DC. Committee on Armed Services: Subcommittee on Stra- GM AND CHRYSLER DEALERSHIP tegic Forces concluded a hearing to examine the De- CLOSURES fense Authorization request for fiscal year 2010 and Committee on Commerce, Science, and Transportation: the Future Years Defense Program for strategic Committee concluded a hearing to examine General forces programs, after receiving testimony from Motors and Chrysler dealership closures, focusing on Thomas P. D’Agostino, Under Secretary for Nuclear dealers and consumers, after receiving testimony Security and Administrator for the National Nuclear from James Press, Chrysler LLC, Auburn Hills, Security Administration, Department of Energy; and Michigan; Fritz Henderson, General Motors, Detroit, Major General C. Donald Alston, USAF, Assistant Michigan; John P. McEleney, National Automobile Chief of Staff, Strategic Deterrence and Nuclear Inte- Dealers Association, McLean, Virginia; Peter Lopez, gration, and Major General Floyd L. Carpenter, Spencer Auto Group, Spencer, West Virginia; and USAF, Commander, 8th Air Force, Air Combat Russell Whatley, Mineral Wells, Texas. Command, both of the United States Air Force, and Rear Admiral Stephen E. Johnson, USN, Director, BUSINESS MEETING Strategic Systems Programs, United States Navy, all Committee on Environment and Public Works: Com- of the Department of Defense. mittee announced the following subcommittee as- signments: MILITARY FAMILY PROGRAMS BUDGET Subcommittee on Transportation and Infrastructure: Committee on Armed Services: Subcommittee on Per- Senators Baucus (Chair), Carper, Lautenberg, Cardin, sonnel concluded a hearing to examine the Defense Sanders, Klobuchar, Specter, Voinovich, Vitter, Authorization request for fiscal year 2010 and the Barrasso, and Crapo. Future Years Defense Program for military family Subcommittee on Clean Air and Nuclear Safety: Sen- programs, policies, and initiatives, after receiving ators Carper (Chair), Baucus, Cardin, Sanders, testimony from Arthur J. Myers, Principal Director Merkley, Vitter, Voinovich, and Bond. and Acting Deputy Under Secretary of Defense for Subcommittee on Superfund, Toxics and Environmental Military Community and Family Policy, Terri J. Health: Senators Lautenberg (Chair), Baucus, Rau, Deputy Director for Research and Development Klobuchar, Whitehouse, Gillibrand, Specter, Crapo, and Performance Measurement, Navy Installations and Bond. Command, United States Navy, Eliza G. Nesmith, Subcommittee on Water and Wildlife: Senators Cardin Chief, Airmen and Family Services Division, United (Chair), Lautenberg, Whitehouse, Udall (NM), States Air Force, Kathleen Marin, Director, Installa- Merkley, Crapo, Barrasso, and Alexander. tion Services, Office of the Assistant Chief of Staff Subcommittee on Green Jobs and the New Economy: for Installation Management, United States Army, Senators Sanders (Chair), Carper, Gillibrand, Bond, and Major General Timothy R. Larsen, USMC and Voinovich. (Ret.), Director, Personal and Family Readiness Di- Subcommittee on Children’s Health: Senators vision, Manpower and Reserve Affairs Department, Klobuchar (Chair), Udall (NM), Merkley, Specter, United States Marine Corps, all of the Department Alexander, and Vitter. of Defense; Kathleen B. Moakler, National Military Subcommittee on Oversight: Senators Whitehouse Family Association; and Sheila L. Casey, Colleen K. (Chair), Udall (NM), Gillibrand, Barrasso, and Smith, Jennifer A. Mancini, and Patricia Davis. Vitter.

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST June 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D631 Senators Boxer and Inhofe are ex-officio members of each Stephen M. Ostroff, Director, Pennsylvania Depart- of the Subcommittees. ment of Health Bureau of Epidemiology, Harrisburg, PAKISTAN NUCLEAR PROGRAM on behalf of the Council of State and Territorial Epi- demiologists; John Thomasian, National Governors Committee on Foreign Relations: Committee met in Association Center for Best Practices, Washington, closed session to receive a briefing to examine the se- D.C.; and Paul E. Jarris, Association of State and curity of Pakistan’s nuclear program from national Territorial Health Officials, Arlington, Virginia. security briefers. NOMINATIONS FEDERAL IMMIGRATION LAW Committee on Foreign Relations: Committee on the Judiciary: Committee concluded a Committee concluded hearing to examine The Uniting American Families a hearing to examine the nominations of Eric P. Act, focusing on addressing inequalities in federal Schwartz, of New York, to be Assistant Secretary for immigration law, after receiving testimony from Ju- Population, Refugees, and Migration, who was intro- lian Bond, National Board of Directors of the Na- duced by Senator Merkley and former Representative tional Association for the Advancement of Colored Solarz, and Andrew J. Shapiro, of New York, to be People, and Christopher Nugent, American Bar As- Assistant Secretary for Political-Military Affairs, who sociation, both of Washington, D.C.; Roy Beck, was introduced by Representative Lowey, both of the NumbersUSA Education and Research Foundation, Department of State, after the nominees testified and Arlington, Virginia; Jessica M. Vaughn, Center for answered questions in their own behalf. Immigration Studies, Franklin, Massachusetts; Shir- NOMINATION ley Tan, Pacifica, California; and Gordon Stewart, Committee on Homeland Security and Governmental Af- London, United Kingdom. fairs: Committee concluded a hearing to examine the LONG-TERM CARE INSURANCE nomination of Martha N. Johnson, of Maryland, to be Administrator, General Services Administration, Special Committee on Aging: Committee concluded a after the nominee testified and answered questions in hearing to examine the value of long-term care in- her own behalf. surance, after receiving testimony from Sean Dilweg, Wisconsin Commissioner of Insurance, Madison; PANDEMIC FLU Carol Cutter, Indiana Department of Insurance Chief Committee on Homeland Security and Governmental Af- Deputy Commissioner Health and Legislative Af- fairs: Ad Hoc Subcommittee on State, Local, and fairs, Indianapolis; Diane Rowland, Kaiser Commis- Private Sector Preparedness and Integration con- sion on Medicaid and the Uninsured, Washington, cluded a hearing to examine pandemic flu, after re- D.C.; Thomas M. Stinson, Genworth Financial, ceiving testimony from Bernice Steinhardt, Director, Richmond, Virginia; and Bonnie Burns, California Strategic Issues, Government Accountability Office; Health Advocates, Scotts Valley.

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST D632 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2009 House of Representatives Suspension—Proceedings Postponed: The House Chamber Action debated the following measure under suspension of Public Bills and Resolutions Introduced: 22 pub- the rules. Further proceedings were postponed: lic bills, H.R. 2672–2693; 1 private bill, H.R. John S. Wilder Post Office Building Designa- 2694; and 9 resolutions, H. Con. Res. 138–143; and tion Act: H.R. 1817, to designate the facility of the H. Res. 499–500, 502, were introduced. United States Postal Service located at 116 North Pages H6154–55 West Street in Somerville, Tennessee, as the ‘‘John Additional Cosponsors: Pages H6155–56 S. Wilder Post Office Building’’. Pages H6081–84 Reports Filed: Reports were filed today as follows: Thomasina E. Jordan Indian Tribes of Virginia H.R. 415, to provide Capitol-flown flags to the Federal Recognition Act of 2009: The House immediate family of fire fighters, law enforcement passed H.R. 1385, to extend Federal recognition to officers, emergency medical technicians, and other the Chickahominy Indian Tribe, the Chickahominy rescue workers who are killed in the line of duty (H. Indian Tribe-Eastern Division, the Upper Mattaponi Rept. 111–132) and Tribe, the Rappahannock Tribe, Inc., the Monacan H. Res. 501, providing for consideration of the Indian Nation, and the Nansemond Indian Tribe, by bill (H.R. 626) to provide that 4 of the 12 weeks voice vote. Pages H6101–15 of parental leave made available to a Federal em- Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee ployee shall be paid leave (H. Rept. 111–133). on Natural Resources now printed in the bill shall Page H6154 be considered as an original bill for the purpose of Speaker: Read a letter from the Speaker wherein she amendment under the 5-minute rule. Page H6107 appointed Representative Berkley to act as Speaker Agreed to: pro tempore for today. Page H6079 Goodlatte amendment (No. 1 printed in H. Rept. Suspensions: The House agreed to suspend the rules 111–131) that provides that eminent domain may and pass the following measures: not be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act and Frederic Remington Post Office Building Des- Page H6113 ignation Act: H.R. 2090, to designate the facility of Goodlatte amendment (No. 2 printed in H. Rept. the United States Postal Service located at 431 State 111–131), as modified, that amends section 506(a) Street in Ogdensburg, New York, as the ‘‘Frederic of the bill to remove all counties except Amherst Remington Post Office Building’’; Pages H6084–87 County, Virginia. Pages H6113–15 Carl B. Smith Post Office Designation Act: H. Res. 490, the rule providing for consideration H.R. 2173, to designate the facility of the United of the bills (H.R. 31 and H.R. 1385), was agreed States Postal Service located at 1009 Crystal Road in to by a yea-and-nay vote of 231 yeas to 174 nays, Island Falls, Maine, as the ‘‘Carl B. Smith Post Of- Roll No. 295, after agreeing to order the previous question without objection. Pages H6099–H6101 fice’’; Pages H6087–90 Honoring the 20th anniversary of the Susan G. Lumbee Recognition Act: The House passed H.R. 31, to provide for the recognition of the Lumbee Komen Race for the Cure in the Nation’s Capital Tribe of North Carolina, by a yea-and-nay vote of and its transition to the Susan G. Komen Global 240 yeas to 179 nays, Roll No. 297. Pages H6115–22 Race for the Cure on June 6, 2009: H. Con. Res. Rejected the Hastings (WA) motion to recommit 109, to honor the 20th anniversary of the Susan G. the bill to the Committee on Natural Resources Komen Race for the Cure in the Nation’s Capital with instructions to report the same back to the and its transition to the Susan G. Komen Global House forthwith with an amendment, by a yea-and- Race for the Cure on June 6, 2009, by a 2⁄3 yea-and- nay vote of 197 yeas to 224 nays, Roll No. 296. nay vote of 417 yeas with none voting ‘‘nay’’, Roll Pages H6120–22 No. 298; and Pages H6090–93, H6122–23 Pursuant to the rule, the amendment in the na- Supporting the goals and ideals of Mental ture of a substitute recommended by the Committee Health Month: H. Res. 437, amended, to support on Natural Resources now printed in the bill shall the goals and ideals of Mental Health Month. be considered as adopted. Page H6115 Pages H6093–99 H. Res. 490, the rule providing for consideration of the bills (H.R. 31 and H.R. 1385), was agreed

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST June 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D633 to by a yea-and-nay vote of 231 yeas to 174 nays, The Subcommittee also held a hearing on Navy Roll No. 295, after agreeing to order the previous and Marine Corps Posture. Testimony was heard question without objection. Pages H6099–H6101 from the following officials of the Department of the Suspension—Proceedings Resumed: The House Navy: Raymond E. Mabus, Secretary; ADM Gary agreed to suspend the rules and agree to the fol- Roughhead, USN, Chief of Naval Operations; and lowing measure which was debated on Tuesday, June GEN James T. Conway, USMC, Commandant of the 2nd: Marine Corps. Expressing sympathy to the victims, families, ENERGY AND WATER DEVELOPMENT, and friends of the tragic act of violence at the com- AND RELATED AGENCIES bat stress clinic at Camp Liberty, Iraq, on May APPROPRIATIONS 11, 2009: H. Res. 471, amended, to express sym- Committee on Appropriations: Subcommittee on Energy pathy to the victims, families, and friends of the and Water Development, and Related Agencies held tragic act of violence at the combat stress clinic at a hearing on the Secretary of Energy. Testimony was Camp Liberty, Iraq, on May 11, 2009, by a 2⁄3 yea- heard from Stephen Chu, Secretary of Energy. and-nay vote of 416 yeas with none voting ‘‘nay’’, LABOR, HHS, EDUCATION, AND RELATED Roll No. 299. Pages H6123–24 AGENCIES APPROPRIATIONS Privileged Resolution—Motion to Refer: Agreed to refer H. Res. 500, directing the Committee on Committee on Appropriations: Subcommittee on Labor, Standards of Official Conduct to report to the House Health and Human Services, Education, and Related of Representatives on the actions the Committee has Agencies held a hearing on the Secretary of Edu- taken concerning any misconduct of Members and cation. Testimony was heard from Arne Duncan, employees of the House in connection with activities Secretary of Education. of the PMA Group, to the Committee on Standards COORDINATING REQUIREMENTS/ of Official Conduct by a yea-and-nay vote of 270 BUDGETS/ACQUISITIONS yeas to 134 nays with 17 voting ‘‘present’’, Roll No. Committee on Armed Services: Defense Acquisition Re- 300. Pages H6124–25 form Panel held a hearing on Coordinating Require- Committee Resignation: Read a letter from Rep- ments, Budgets, and Acquisition: How Does It Af- resentative McHugh, wherein he resigned from the fect Costs and Acquisition Outcomes. Testimony was Committee on Armed Services, effective today. heard from the following former officials of the De- Page H6125 partment of Defense: Gordon England, Secretary of Quorum Calls—Votes: Six yea-and-nay votes devel- Defense and Secretary of the Navy; ADM Edmund oped during the proceedings of today and appear on P. Giambastiani, USN (ret.); and LTG Ron Ladish, pages H6100–01, H6121, H6122, H6122–23, USAF (ret.). H6123–24, and H6624–25. There were no quorum MILITARY CONSTRUCTION BUDGET calls. Committee on Armed Services: Subcommittee on Readi- Adjournment: The House met at 10 a.m. and ad- ness held a hearing on the Fiscal Year 2010 National journed at 8:26 p.m. Defense Authorization Budget Request for Military Construction, Family Housing, Base Closure, Facili- ties Operations and Maintenance. Testimony was Committee Meetings heard from the following officials of the Department U.S FORESTRY POLICY of Defense: Wayne Arny, Deputy Under Secretary, Committee on Agriculture: Subcommittee on Department Installations and Environment; Joseph Calcara, Dep- Operations, Oversight, Nutrition and Forestry held a uty Assistant Secretary, Army, Installations and hearing to review the future of forestry in the United Housing; B.J. Penn, Assistant Secretary, Navy, In- States. Testimony was heard from Jay Jensen, Deputy stallations and Environment; and Kathleen I. Fer- Under Secretary, Natural Resources and Environment, guson, Deputy Assistant Secretary, Air Force, Instal- USDA; and public witnesses. lations. DEFENSE APPROPRIATIONS FEDERAL RESERVE’S ECONOMIC VIEW Committee on Appropriations: Subcommittee on Defense Committee on the Budget: Held a hearing on Challenges held a hearing on Air Force Posture. Testimony was Facing the Economy: The View of the Federal Re- heard from the following officials of the Department serve. Testimony was heard from Benjamin S. of the Air Force: Michael B. Donley, Secretary; and Bernanke, Chairman, Board of Governors, Federal GEN Norton A. Schwartz, USAF, Chief of Staff. Reserve System.

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST D634 CONGRESSIONAL RECORD — DAILY DIGEST June 3, 2009 MISCELLANEOUS MEASURES of Texas: Cathy McBroom, Case Manager; and Committee on Energy and Commerce: Subcommittee on Donna Wilkerson, Legal Secretary; Alan Baron, Spe- Commerce, Trade, and Consumer Protection con- cial Impeachment Counsel, House Committee on the cluded markup of the following bills: H.R. 2221, Judiciary; and a public witness. Data Accountability and Trust Act; H.R. 2309, Consumer Credit and Debt Protection Act; H.R. MISCELLANEOUS MEASURES 2190, Mercury Pollution Reduction Act; and H.R. Committee on Natural Resources: Held a hearing on the 1706, Protecting Consumer Access to Generic Drugs following bills: H.R. 1061, Hoh Indian Tribe Safe Act. Homelands Act; H.R. 2040, To authorize a process FOOD SAFETY ENHANCEMENT ACT OF by which the Secretary of the Interior shall process 2009 acquisitions of certain real property by the Samish Indian Nation into trust; and H.R. 1035, Morris K. Committee on Energy and Commerce: Subcommittee on Udall Scholarship and Excellence in National Envi- Health held a hearing on draft legislation the Food ronmental Policy Amendments Act of 2009. Testi- Safety Enhancement Act of 2009. Testimony was mony was heard from George Skibine, Assistant Sec- heard from Margaret Hamburg, M.D., Commis- retary, Policy and Economic Development for Indian sioner, FDA, Department of Health and Human Affairs, Department of the Interior; and public wit- Services; Tim F. Jones, M.D., State Epidemiologist, nesses. Department of Health, State of Tennessee; and pub- lic witnesses. FEDERAL EMPLOYEES PAID PARENTAL FANNIE MAE/FREDDIE MAC LEAVE ACT OF 2009 Committee on Financial Services: Subcommittee on Cap- Committee on Rules: Granted, by a non-record vote, a ital Markets, Insurance, and Government Sponsored structured rule providing for consideration of H.R. Enterprises held a hearing entitled ‘‘The Present 626, the Federal Employees Paid Parental Leave Act Condition and Future Status of Fannie Mae and of 2009. The rule provides one hour of general de- Freddie Mac.’’ Testimony was heard from the fol- bate equally divided and controlled by the chair and lowing officials of the Federal Housing Finance ranking minority member of the Committee on Agency: James B. Lockhart III, Director; Edward J. Oversight and Government Reform. The rule waives DeMarco, Chief Operating Officer and Senior Dep- all points of order against consideration of the bill uty Director, Housing Mission and Goals; and Chris- except clauses 9 and 10 of rule XXI. The rule pro- topher Dickerson, Deputy Director, Enterprise Regu- vides that the bill shall be considered as read. The lation; and public witnesses. rule waives all points of order against provisions in the bill. REMITTANCES: REGULATION AND The rule makes in order only those amendments DISCLOSURE printed in the Rules Committee report. The amend- Committee on Financial Services: Subcommittee on Fi- ments made in order may be offered only in the nancial Institutions and Consumer Credit held a order printed in the report, may be offered only by hearing entitled ‘‘Remittances: Regulation and Dis- a Member designated in the report, shall be consid- closure in a New Economic Environment.’’ Testi- ered as read, shall be debatable for the time specified mony was heard from public witnesses. in the report equally divided and controlled by the GENERIC DRUG PATENT SETTLEMENT proponent and an opponent, shall not be subject to DELAYS amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee on the Judiciary: Subcommittee on Courts Committee of the Whole. All points of order against and Competition Policy held a hearing on Pay to the amendments except for clauses 9 and 10 of Rule Delay: Are Patent Settlements That Delay Generic XXI are waived. The rule provides one motion to re- Drug Market Entry Anticompetitive? Testimony was commit with or without instructions. Testimony was heard from Richard Feinstein, Director, Bureau of heard from Representatives Lynch, Maloney, Al Competition, FTC; and public witnesses. Green of Texas, and Issa. JUDGE SAMUEL B. KENT IMPEACHMENT Committee on the Judiciary: Task Force on Judicial Im- NATIONAL CLIMATE SERVICES ACT OF peachment held a hearing to consider Possible Im- 2009 peachment of United States District Judge Samuel Committee on Science and Technology: Ordered reported, B. Kent. Testimony was heard from the following as amended, H.R. 2407, National Climate Service officials of the U.S. District Court, Southern District Act of 2009.

VerDate Nov 24 2008 05:33 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D03JN9.REC D03JNPT1 wwoods2 on PRODPC68 with DIGEST June 3, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D635 HEALTH REFORM NEW PUBLIC LAWS Committee on Small Business: Held a hearing entitled (For last listing of Public Laws, see DAILY DIGEST, p. D614) ‘‘Common Ground: Finding Consensus on Health H.R. 131, to establish the Ronald Reagan Centen- Reform, the Small Business Perspective.’’ Testimony nial Commission. Signed on June 2, 2009. (Public was heard from public witnesses. Law 111–25) WATER/ENVIRONMENT AGENCY BUDGETS f Committee on Transportation and Infrastructure: Sub- COMMITTEE MEETINGS FOR THURSDAY, committee on Water Resources and Environment JUNE 4, 2009 held a hearing on Agency Budgets and Priorities for (Committee meetings are open unless otherwise indicated) FY 2010. Testimony was heard from the following officials of the EPA; Michael Shapiro, Acting Assist- Senate ant Administrator, Office of Water; and Barry Breen, Committee on Agriculture, Nutrition, and Forestry: to hold Acting Assistant Administrator, Office of Solid hearings to examine regulatory reform and derivatives Waste and Emergency Response; David White, markets, 2 p.m., SR–328A. Chief, Natural Resources Conservation Service, Committee on Appropriations: Subcommittee on Com- merce, Justice, Science, and Related Agencies, to hold USDA; Collister Johnson, Jr., Administrator, Saint hearings to examine proposed budget estimates for fiscal Lawrence Seaway Development Corporation, Depart- year 2010 for the Federal Bureau of Investigation, to be ment of Transportation; John H. Dunnigan, Assist- followed by a closed session at 11:15 a.m. in SVC–217, ant Administrator, National Ocean Service, NOAA, 9:30 a.m., SD–192. Department of Commerce; and John M. Thomas III, Subcommittee on Defense, to hold hearings to examine Vice President and Controller, Financial Services, proposed budget estimates for fiscal year 2010 for the TVA. Department of the Air Force, 10:30 a.m., SD–138. Subcommittee on Agriculture, Rural Development, ENDING VETERANS HOMELESSNESS Food and Drug Administration, and Related Agencies, to Committee on Veterans’ Affairs: Held a hearing on a hold hearings to examine proposed budget estimates for National Commitment to End Veterans Homeless- fiscal year 2010 for the Department of Agriculture, 2 p.m., SD–192. ness. Testimony was heard from Peter H. Dougherty, Subcommittee on Legislative Branch, to hold hearings Director, Homeless Veterans Programs, Department to examine proposed budget estimates for fiscal year 2010 of Veterans Affairs; John M. McWilliam, Deputy for the Library of Congress and the Open World Leader- Assistant Secretary, Veterans’ Employment and ship Center, 2:30 p.m., SD–138. Training Service, Department of Labor; representa- Committee on Armed Services: to hold hearings to examine tives of veterans organizations; and public witnesses. the Defense Authorization request for fiscal year 2010 and the Future Years Defense Program for the Depart- VETERANS LEGISLATION ment of the Navy; to be possibly followed by a closed Committee on Veterans’ Affairs: Subcommittee on Dis- session in SVC–217, 9:30 a.m., SH–216. ability Assistance and Memorial Affairsapproved for Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine the nomination of Herbert M. full Committee action the following bills: H.R. 952, Allison, Jr., of Connecticut, to be Assistant Secretary of as amended, COMBAT PTSD Act; and H.R. 2270, the Treasury for Financial Stability, 9:30 a.m., SD–538. Benefits for Qualified World War II Veterans Act of Committee on Energy and Natural Resources: business 2009. meeting to consider pending energy legislation, 9:30 a.m., SD–366. HUMAN CAPITAL Committee on Environment and Public Works: business Permanent Select Committee on Intelligence: Met in execu- meeting to consider the nominations of Peter Silva Silva, tive session to hold a hearing on Human Capital. of California, to be Assistant Administrator for Water, Testimony was heard from LTG John F. Kimmons, and Stephen Alan Owens, of Arizona, to be Assistant Ad- USA, Deputy Chief of Staff, Intelligence, Depart- ministrator for Prevention, Pesticides, and Toxic Sub- stances, both of the Environmental Protection Agency, ment of the Army; and the following officials of the Time to be announced, Room to be announced. Office of the Director of National Intelligence: Ron Committee on Foreign Relations: to hold hearings to exam- Sanders, Associate Director, National Intelligence for ine challenges and opportunities for U.S.-China coopera- Human Capital; and Patricia Taylor, Chief, Intel- tion on climate change, 10 a.m., SD–419. ligence Community EEO and Diversity. Committee on Homeland Security and Governmental Affairs: Ad Hoc Subcommittee on Disaster Recovery, to hold hearings to examine a status report on emergency pre- Joint Meetings paredness for the 2009 hurricane season, 2:30 p.m., No joint committee meetings were held. SD–342.

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Committee on the Judiciary: business meeting to consider Subcommittee on Asia, the Pacific and Global Environ- S. 417, to enact a safe, fair, and responsible state secrets ment, hearing on Agent Orange: What Efforts Are Being privilege Act, S. 257, to amend title 11, United States Made To Address The Continuing Impact of Dioxin in Code, to disallow certain claims resulting from high cost Vietnam? 2 p.m., 2172 Rayburn. credit debts, S. 448 and H.R. 985, bills to maintain the Committee on Homeland Security, Subcommittee on Man- free flow of information to the public by providing condi- agement,Investigations, and Oversight, hearing entitled tions for the federally compelled disclosure of information ‘‘The FY 2010 Budget for Departmental Management by certain persons connected with the news media, and and Operations at DHS,’’ 10 a.m., 311 Cannon. the nominations of David F. Hamilton, of Indiana, to be Committee on the Judiciary, Subcommittee on Commer- United States Circuit Judge for the Seventh Circuit, cial and Administrative Law, hearing on H.R. 1508, Sun- Andre M. Davis, of Maryland, to be United States Circuit shine in Litigation Act of 2009, 11 a.m., 2237 Rayburn. Judge for the Fourth Circuit, and Thomas E. Perez, of Subcommittee on the Constitution, Civil Rights, and Maryland, to be Assistant Attorney General, Civil Rights Civil Liberties, hearing on H.R. 984, State Secret Protec- Division, Department of Justice, 10 a.m., SD–226. tion Act of 2009, 2 p.m., 2141 Rayburn. Committee on Small Business and Entrepreneurship: to hold Subcommittee on Crime, Terrorism, and Homeland Se- hearings to examine SBIR and STTR reauthorization, fo- curity, hearing on Indigent Representation: A Growing cusing on ensuring a strong future for small business in National Crisis, 9:30 a.m., 2141 Rayburn. federal research and development, 9:30 a.m., SR–428A. Subcommittee on Immigration, Citizenship, Refugees, Select Committee on Intelligence: to hold closed hearings to Border Security and International Law, to mark up a examine certain intelligence matters, 2:30 p.m., S–407, measure to extend certain immigration programs, 3 p.m., Capitol. 2237 Rayburn. Committee on Natural Resources, Subcommittee on Energy House and Mineral Resources, oversight hearing entitled ‘‘Un- conventional Fuels, Part I: Shale Gas Potential,’’ 10 a.m., Committee on Agriculture, Subcommittee on General 1334 Longworth. Farm Commodities and Risk Management, hearing to re- Subcommittee on National Parks, Forests and Public view implications of the CFTC v. Zelener case, 10 a.m., Lands and the Subcommittee on Insular Affairs, Oceans 1300 Longworth. and Wildlife, joint oversight hearing on White-nose Syn- Committee on Appropriations, Subcommittee on Com- drome: What’s Killing Bats in the Northeast, 10 a.m., merce, Justice, Science, and Related Agencies, to mark up 1324 Longworth. the Commerce, Justice, Science, and Related Agencies Committee on Oversight and Government Reform, to mark Appropriations for Fiscal Year 2010, 9 a.m., H140 Cap- up the following measures: Government Accountability itol. Office Improvement Act of 2009; H.R. 1345, District of Subcommittee on Transportation, and Housing and Columbia Hatch Act Reform Act of 2009; H.R. 2392, Urban Development, and Related Agencies, on the Sec- Government Information Transparency Act; H. Res. 420, retary of Transportation, 10 a.m., 2359 Rayburn. Celebrating the symbol of the United States Flag and Committee on Armed Services, Subcommittee on Oversight supporting the goals and ideals of Flag Day; H. Res. 435, and Investigations, hearing on Thinkers and Practitioners: Celebrating Asian Pacific American Heritage Month; Do Senior Professional Military Education Schools H.R. 2325, To designate the facility of the United States Produce Strategists? 10 a.m., 2212 Rayburn. Postal Service located at 1300 Matamoros Street in La- Subcommittee on Terrorism Unconventional Threats redo, Texas, as the ‘‘Laredo Veterans Post Office;’’ H.R. and Capabilities, hearing on the Fiscal Year 2010 Na- 2422, To designate the facility of the United States Post- tional Authorization Budget Request for the U.S. Special al Service located at 702 East University Avenue in Operations Command, 1 p.m., 2212 Rayburn. Georgetown, Texas, as the ‘‘Lyle G. West Post Office Committee on Education and Labor, hearing on Building Building;’’ and H.R. 2470, To designate the facility of on What Works at Charter Schools, 10 a.m., 2175 Ray- the United States Postal Service located at 19190 Cochran burn. Boulevard FRNT in Port Charlotte, Florida, as the ‘‘Lieu- Committee on Energy and Commerce, Subcommittee on tenant Commander Roy H. Boehm Post Office Building,’’ Communications, Technology and the Internet, hearing 10 a.m., 2154 Rayburn. on oversight of the Internet Corporation for Assigned Committee on Science and Technology, Subcommittee on Names and Numbers (ICANN), 10 a.m., 2123 Rayburn. Energy and Environment, hearing on a New Direction for Subcommittee on Oversight and Investigations, hearing Federal Oil Spill Research and Development, 2 p.m., entitled ‘‘Commercial Sales of Military Technologies,’’ 10 2318 Rayburn. a.m., 2322 Rayburn. Committee on Small Business, Subcommittee on Con- Committee on Financial Services, Subcommittee on Hous- tracting and Technology, hearing entitled ‘‘Legislative ing and Community Opportunity, hearing entitled ‘‘The Initiatives to Strengthen and Modernize the SBIR and Section 8 Voucher Reform Act,’’ 10 a.m., 2128 Rayburn. STTR programs.’’ 10 a.m., 2360 Rayburn. Committee on Foreign Affairs, Subcommittee on Africa Committee on Transportation and Infrastructure, to consider and Global Health, hearing on Local and Regional Pur- the following measures: H.R. 2093, Clean Coastal Envi- chases: Opportunities to Enhance U.S. Food Aid, 10:30 ronment and Public Health Act of 2009; H.R. 2650, a.m., 2172 Rayburn. Maritime Safety Act of 2009; H.R. 2651, Maritime

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Workforce Development Act; H.R. 2652, Coast Guard 1037, Pilot College Work Study Programs for Veterans Modernization Act; H.R. 2121, To provide for the trans- Act of 2009; H.R. 1098, Veterans’ Worker Retaining fer of certain Federal Property to the Galveston Historical Act of 2009; H.R. 1172, To direct the Secretary of Vet- Foundation; H.R. 1687, To designate the Federal build- erans Affairs to include on the Internet website of the ing and United States Courthouse located at McKinley Department of Veterans Affairs a list of organizations that Avenue and Third Street, S. W., Canton, Ohio, as the provide scholarships to veterans and their survivors; H.R. ‘‘Ralph Regula Federal Office Building and United States 1821, Equity for Injured Veterans Act of 2009; H.R. Courthouse;’’ H.R. 2053, To designate the United States 1879, National Guard Employment Protection Act of courthouse located at 525 Magoffin Avenue in El Paso, 2009; and H.R. 2180, To amend title 38, United States Texas, as the ‘‘Albert Armendariz, Sr., United States Code, to waive housing loan fees for certain veterans with Courthouse;’’ H.R. 2498, To designate the Federal build- service-connected disabilities called to active service, 1 ing located at 844 North Rush Street in Chicago, Illinois, as the ‘‘William O. Lipinski Federal Building;’’ H. Res. p.m., 340 Cannon. 410, Recognizing the numerous contributions of the rec- Subcommittee on Health, to mark up H.R. 1211, reational boating community and the boating industry to Women Veterans Health Care Improvement Act; fol- the continuing prosperity and affluence of the United lowed by a hearing on Meeting the Needs of Family States; H. Res. 472, Congratulating and saluting the sev- Caregivers of Veterans, 10 a.m., 334 Cannon. entieth anniversary of the Aircraft Owners and Pilots As- Committee on Ways and Means, Subcommittee on Over- sociation (AOPA) and their dedication to general avia- sight, hearing on IRS operations, the fiscal year 2010 tion, safety and the important contribution general avia- budget proposals, and the 2009 tax return filing season, tion provides to the United States; H. Res. 484, Express- 10 a.m., 1100 Longworth. ing support for designation of June 10th as the ‘‘National Permanent Select Committee on Intelligence, executive, brief- Pipeline Safety Day; ‘‘ General Services Administration ing on Intelligence Matters, 2 p.m., 304 HVC Capitol. Section 11(b) resolutions, and other pending business, 11 Subcommittee on Oversight and Investigations, execu- a.m., 2167 Rayburn. tive, hearing on Intelligence Matters, 10 a.m., 304 HVC, Committee on Veterans’ Affairs, Subcommittee on Eco- Capitol. nomic Opportunity, to mark up the following bills: H.R.

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Next Meeting of the SENATE Next Meeting of the HOUSE 9:30 a.m., Thursday, June 4 10 a.m., Thursday, June 4

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 2200— morning business (not to extend beyond one hour), Senate Transportation Security Administration Authorization Act will continue consideration of H.R. 1256, Family Smok- of 2009 (Subject to a Rule). ing Prevention and Tobacco Control Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gingrey, Phil, Ga., E1290 Poe, Ted, Tex., E1289 Guthrie, Brett, Ky., E1292 Rodriguez, Ciro D., Tex., E1294 Bachmann, Michele, Minn., E1290 Harper, Gregg, Miss., E1293 Rogers, Harold, Ky., E1293 Barrett, J. Gresham, S.C., E1301, E1303, E1304 Hastings, Alcee L., Fla., E1302 Rothman, Steven R., N.J., E1289 Berman, Howard L., Calif., E1295 Holt, Rush D., N.J., E1288 Roybal-Allard, Lucille, Calif., E1292 Blumenauer, Earl, Ore., E1288 Johnson, Eddie Bernice, Tex., E1303 Ruppersberger, C.A. Dutch, Md., E1290 Bordallo, Madeleine Z., Guam, E1301, E1304 Johnson, Timothy V., Ill., E1292 Schiff, Adam B., Calif., E1304 Castor, Kathy, Fla., E1288 Kirk, Mark Steven, Ill., E1291, E1295 Christensen, Donna M., The Virgin Islands, E1302 Larsen, Rick, Wash., E1301 Sessions, Pete, Tex., E1287, E1295 Coble, Howard, N.C., E1289 Matheson, Jim, Utah, E1290 Sestak, Joe, Pa., E1300 Cummings, Elijah E., Md., E1303 Matsui, Doris O., Calif., E1287, E1291, E1301 Smith, Lamar, Tex., E1287 Etheridge, Bob, N.C., E1294 Pallone, Frank, Jr., N.J., E1289 Space, Zachary T., Ohio, E1287, E1292, E1301 Franks, Trent, Ariz., E1287, E1290, E1301 Paul, Ron, Tex., E1294 Stark, Fortney Pete, Calif., E1288 Garrett, Scott, N.J., E1293 Perriello, Thomas S.P., Va., E1291 Woolsey, Lynn C., Calif., E1287, E1293

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