Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

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

Vol. 155 WASHINGTON, FRIDAY, JUNE 12, 2009 No. 88 Senate The Senate was not in session today. Its next meeting will be held on Monday, June 15, 2009, at 1:45 p.m. House of Representatives FRIDAY, JUNE 12, 2009

The House met at 9 a.m. and was last day’s proceedings and announces to step in and do the Federal Govern- called to order by the Speaker pro tem- to the House his approval thereof. ment’s job, it is only fair that they be pore (Mr. ALTMIRE). Pursuant to clause 1, rule I, the Jour- reimbursed. f nal stands approved. Last year, the Arizona Department of f Corrections received $12.8 million from DESIGNATION OF THE SPEAKER the Federal Government to house up to PRO TEMPORE PLEDGE OF ALLEGIANCE 5,600 criminal illegal immigrants in The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the State prisons, only 10 percent of what fore the House the following commu- gentleman from Texas (Mr. POE) come Arizona spent to house illegal inmates nication from the Speaker: forward and lead the House in the that year. This cut is wrong, and as WASHINGTON, DC, Pledge of Allegiance. this legislation moves to the floor next June 12, 2009. Mr. POE of Texas led the Pledge of week, I urge my colleagues to help me I hereby appoint the Honorable JASON Allegiance as follows: fight this cut. ALTMIRE to act as Speaker pro tempore on I pledge allegiance to the Flag of the If we are serious about immigration this day. United States of America, and to the Repub- enforcement, we must restore SCAAP NANCY PELOSI, lic for which it stands, one nation under God, funding and reimburse Arizona for Speaker of the House of Representatives. indivisible, with liberty and justice for all. keeping criminal alien immigrants be- f f hind bars. PRAYER ANNOUNCEMENT BY THE SPEAKER f The Chaplain, the Reverend Daniel P. PRO TEMPORE Coughlin, offered the following prayer: The SPEAKER pro tempore. The Lord of the Sabbath, ever attentive Chair will entertain up to five requests CONCERNS ABOUT CAP-AND-TRADE to our prayers, may this weekend pro- for 1-minute speeches on each side of (Mr. CHAFFETZ asked and was given vide the Members of Congress, their the aisle. permission to address the House for 1 families and their friends the joy of f minute and to revise and extend his re- Your presence in their midst. May they marks.) find the respite they need for both FUNDING FOR STATE CRIMINAL Mr. CHAFFETZ. Mr. Speaker, I rise their bodies and their souls. ALIEN ASSISTANCE PROGRAM with deep concern about the so-called So renewed in energy and spirit, may (Mr. MITCHELL asked and was given cap-and-trade. If the Democrats and they safely return to serve You and the permission to address the House for 1 President Obama get their way, we will people of their districts with greater minute.) have one of the single largest tax in- vigor and determination. Then blessed Mr. MITCHELL. Mr. Speaker, I rise creases in the history of the United by You, may they accomplish great today to protest the 25 percent cut pro- States imposed upon the American peo- deeds for this Nation, calling upon posed this week to the State Criminal ple at a time when we are struggling Your Holy Name, both now and forever. Alien Assistance Program, otherwise for jobs. We need to remember in this Amen. known as SCAAP. SCAAP reimburses country that manufacturing is good. It f States and localities for the arrest, in- is good. carceration and transportation of un- Now the administration will tell you THE JOURNAL documented immigrants who commit that rebates will come for those that The SPEAKER pro tempore. The crimes in our communities. When are in the middle class, but the bill Chair has examined the Journal of the State and local governments are forced cuts off assistance for families making

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 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.000 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6622 CONGRESSIONAL RECORD — HOUSE June 12, 2009 more than $42,000 or individuals mak- Mr. Speaker, when the government tured, they have to give them those ing as little as $23,000. The Congres- controls health care, it’s expensive, in- rights? How about preserving the crime sional Budget Office expects major in- efficient and ultimately provides poor scene? This is nonsense. creases in bureaucracy, adding some care. In Britain, it results in the gov- f $800 million in administration costs an- ernment’s rationing of services. The RENEWABLE ENERGY WILL HELP nually for just the first 10 years. government picks winners and losers in THE ECONOMIC RECOVERY Let us remember that the cap-and- the United Kingdom, and the govern- trade is one of the largest tax increases ment picks who lives and who dies. (Mr. POLIS asked and was given per- in the history of the United States, That doesn’t seem to be a healthy solu- mission to address the House for 1 this despite the President’s promise tion for health care. minute.) that 95 percent of Americans would not And that’s just the way it is. Mr. POLIS. Mr. Speaker, I rise today see one dime in new taxes. f in support of the American Clean En- f ergy and Security Act of 2009. I had the INTRODUCING THE RECIDIVISM opportunity to visit a factory 2 weeks HELPING AMERICANS ACQUIRE REDUCTION ACT ago in my district. They’re hiring 400 AND RETAIN HEALTH INSURANCE (Mr. CARSON of Indiana asked and people to make solar panels. They’re (Mr. PALLONE asked and was given was given permission to address the exporting some of those solar panels to permission to address the House for 1 House for 1 minute.) China. When we talk about an eco- minute.) Mr. CARSON of Indiana. Mr. Speak- nomic recovery and getting our econ- Mr. PALLONE. Mr. Speaker, the er, yesterday I introduced the Recidi- omy going, renewable energy is going House in the next few weeks is about to vism Reduction Act, a bill that will to be one of the most important growth unveil a health reform plan that will quickly restore Federal disability and sectors to do that. seek to cover all Americans, reduce health benefits to eligible individuals The American Clean Energy and Se- costs and basically improve the quality after they are released from incarcer- curity Act will save families money. A of our health care system. When I talk ation. new study shows that the average fam- to my constituents, they tell me how it As a former law enforcement officer, ily will save $750 a year within 10 years is increasingly difficult for them to I have seen firsthand how critical these on their power bills monthly and al- find affordable health insurance either benefits can be to successful reentry most $4,000 over 20 years. The incen- because their employer will not pro- into the community. Currently, how- tives and help that this bill puts in vide it or they go on the individual ever, these benefits are regularly sus- place to help families conserve energy market, and it’s simply too expensive. pended or terminated upon incarcer- and reduce their energy needs in their The current system is simply ation and take considerable time to be own home will not only improve our unsustainable. We want people to be reinstated after an individual is re- national security by ending our reli- able to keep their health insurance if leased. Without the health coverage ance on foreign oil, will not only ad- they like it and if they can afford it, they so desperately need, many newly dress global warming and climate but we must provide alternatives for released individuals cannot fully focus change but will also mean money back people that can’t find health insurance on securing gainful employment and in the pockets of American families. or find it increasingly difficult to af- developing a supportive home life. My One of the most important things ford the health insurance that they that we can do to recover from this re- want. I think this is a real priority for colleagues should rest assured that this cession and to grow good jobs for the the American people, and it will be a legislation will not provide new bene- middle class and for the American peo- priority for this Congress because we fits to recently released individuals. ple is to ensure that we have continued understand that the average American Rather, it ensures that individuals re- increasingly sees health insurance as ceive the timely benefits they need to growth in the renewable energy sector. an economic issue, something that’s begin breaking the cycle of recidivism. This bill is critical. That is why hun- making it increasingly difficult for Join me, please, in supporting the dreds of companies support this bill. them to get through the day if they Recidivism Reduction Act. f can’t find an affordable plan. So I’m f ATTACHING IRRELEVANT SPEND- looking forward to this. I think it’s MIRANDA RIGHTS ON THE ING TO THE IRAQ AND AFGHANI- going to be a major achievement for BATTLEFIELD STAN SUPPLEMENTAL this Congress. (Mr. DANIEL E. LUNGREN of Cali- (Mr. WITTMAN asked and was given f fornia asked and was given permission permission to address the House for 1 HEALTH CARE RATIONING COULD to address the House for 1 minute and minute and to revise and extend his re- RESULT IN DEATH PENALTY IN to revise and extend his remarks.) marks.) THE UNITED KINGDOM Mr. DANIEL E. LUNGREN of Cali- Mr. WITTMAN. Mr. Speaker, the cur- (Mr. POE of Texas asked and was fornia. Mr. Speaker, ‘‘You have the rent debate over the Iraq and Afghani- given permission to address the House right to remain silent. Anything you stan supplemental is a perfect example for 1 minute.) say may be used against you. You have of what frustrates Americans about Mr. POE of Texas. Mr. Speaker, do the right to an attorney.’’ Those are Washington. The folks in my district we really want to nationalize health things that are said when arresting of- and across the country want Congress care and let it be run by the govern- ficers make an arrest in the United to pass a clean funding bill for the ment? Well, here’s what’s going on in States. But now we understand that troops, plain and simple. They cer- England with their nationalized sys- under the Obama administration, we tainly don’t want us playing politics tem. Recently, a British medical ethics now have something known as the con- with a bill to fund men and women cur- expert proclaimed that people who suf- cept of global justice in which we are rently in harm’s way. Yet that is ex- fer from dementia have a patriotic now giving Miranda warnings to those actly what some in Congress are trying duty to die. Baroness Warnock, the that we have found on the battlefield to do, using the oldest trick in the government medical adviser, says that whose only connection to the United book by attaching billions of dollars in ‘‘the care dementia requires is very ex- States is that they wish to kill Ameri- barely relevant spending to an emer- pensive and drains the government re- cans. gency war funding bill. But it’s not sources for health care.’’ This govern- Isn’t that nonsensical? What are we just the American people that we’re ment decision-maker says that people going to do now? Are we going to train frustrating with these political games. will ‘‘soon be licensed to put others our enlisted men and women in the How must Congress look in the eyes of down if they are unable to look after Armed Forces that when they’re on the those that we have sent to fight on our themselves.’’ She goes on, ‘‘If you’re battlefield, instead of shooting, they behalf? This body should not attempt demented, you’re wasting people’s should pull out their card with the Mi- to tie troop funding to controversial lives, your family’s lives, and you’re randa warnings to make sure that if programs. Furthermore, we must re- wasting government resources.’’ the person they’re encountering is cap- frain from the temptation to squander

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.002 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6623 limited funds on objectives unrelated Mr. Gingrey b 0915 Mr. Goodlatte to the combat efforts in Afghanistan The SPEAKER pro tempore. The gen- and Iraq. How do we claim to be re- Mr. Harper Mr. Heller tleman from Colorado is recognized for sponsible stewards of the taxpayers’ Mr. Hensarling 1 hour. money when Congress can’t pass an Mr. Herger Mr. POLIS. Mr. Speaker, for the pur- emergency supplemental for our com- Mr. Hoekstra poses of debate only, I yield the cus- bat forces without loading it up like a Mr. Hunter tomary 30 minutes to the gentlewoman Mrs. Jenkins Christmas tree? from North Carolina, Dr. FOXX. All Mr. Sam Johnson of Texas f Mr. Jordan time yielded during consideration of NATIONAL ENERGY TAX Mr. Lamborn the rule is for debate only. Mr. Latta GENERAL LEAVE (Ms. FOXX asked and was given per- Mr. Lee of New York Mr. POLIS. Mr. Speaker, I ask that mission to address the House for 1 Mr. Linder all Members have 5 legislative days in Mr. Lucas minute.) which to revise and extend their re- Ms. FOXX. Mr. Speaker, the Demo- Mrs. Lummis Mr. Manzullo marks and insert extraneous material crats’ climate change ‘‘compromise’’ Mr. Marchant into the RECORD. bill passed by the Energy and Com- Mr. McCaul The SPEAKER pro tempore. Is there merce Committee is still a job killer Mr. McCotter objection to the request of the gen- that will hit every American with a na- Mr. McHenry tleman from Colorado? tional energy tax. This plan will have a Mr. McKeon There was no objection. devastating impact on the price at the Mrs. Myrick Mr. POLIS. Mr. Speaker, I yield my- Mr. Neugebauer pump and utility bills across the coun- Mr. Pence self such time as I may consume. try. One estimate for a similar pro- Mr. Pitts Mr. Speaker, House Resolution 532 posal found that families would pay Mr. Poe provides for consideration of the Sen- more than $3,100 a year in extra energy Mr. Price of Georgia ate amendment to H.R. 1256, the Fam- costs. Mr. Radanovich ily Smoking Prevention and Tobacco Representative JOHN DINGELL said it Mr. Rehberg Control Act. best: ‘‘Nobody in this country realizes Mr. Ryan of Wisconsin Mr. Speaker, I rise in support of the Mr. Scalise that cap-and-trade is a tax, and it’s a Mr. Sessions rule, House Resolution 532, and the un- great big one.’’ Even the President ad- Mr. Simpson derlying bill, the Family Smoking Pre- mitted that his energy plan would Mr. Smith of Texas vention and Tobacco Control Act. I cause energy prices to ‘‘necessarily Mr. Souder thank Chairman WAXMAN and my col- skyrocket’’ and that the costs will be Mr. Sullivan leagues who serve on the Energy and passed on to consumers. Various esti- Mr. Thompson of Pennsylvania Commerce Committee for their leader- Mr. Thornberry ship in this bipartisan effort. mates suggest anywhere between 1.8 Mr. Wamp and 7 million American jobs could be Mr. Westmoreland This legislation, which passed the lost. Manufacturing jobs will relocate Mr. Young of Alaska House by a margin of more than three to one last July and again passed the to countries with less stringent envi- The SPEAKER pro tempore. Is there House by a vote of 298–112 this past ronmental regulations like China and objection to the request of the gen- April will finally give the U.S. Food India, inflicting greater harm on Amer- tleman from Utah? ican families and small businesses There was no objection. and Drug Administration the authority while doing even greater damage to the to regulate the advertising, marketing f environment. and manufacturing of tobacco prod- The American people know we can do PROVIDING FOR CONSIDERATION ucts, and it will also allow them to better. Republicans also support a OF SENATE AMENDMENT TO H.R. take additional critical steps to pro- clean environment and have a com- 1256, FAMILY SMOKING PREVEN- tect the public health. Putting a stop prehensive energy solution that lessens TION AND TOBACCO CONTROL to the tobacco industry from designing our dependence on foreign oil and leads ACT products that entice young people and us to a stronger economy. Mr. POLIS. Mr. Speaker, by direction developing programs to help adult f of the Committee on Rules, I call up smokers quit is the first step in preven- House Resolution 532 and ask for its tion. REMOVAL OF NAMES OF MEM- immediate consideration. Tobacco is currently the number one BERS AS COSPONSORS OF H.R. The Clerk read the resolution, as fol- cause of preventable death in America. 2300 lows: It is responsible for about one in five deaths annually, or 443,000 deaths per Mr. BISHOP of Utah. Mr. Speaker, I H. RES. 532 ask unanimous consent to have all the year, according to the Centers for Dis- Resolved, That upon adoption of this reso- ease Control. Smoking-related deaths cosponsors on H.R. 2300 withdrawn. lution it shall be in order to take from the The names of the cosponsors are as fol- Speaker’s table the bill (H.R. 1256) to protect account for more deaths than AIDS, al- lows: the public health by providing the Food and cohol, cocaine, heroin, homicide, sui- Mr. Akin Drug Administration with certain authority cide, motor vehicle crashes and fires Mr. Alexander to regulate tobacco products, to amend title combined. Approximately 8.6 million Mrs. Bachmann 5, United States Code, to make certain modi- Americans also suffer from chronic ill- Mr. Bonner fications in the Thrift Savings Plan, the nesses that are related to smoking. Mr. Boozman Civil Service Retirement System, and the And yet every day, more than 3,500 Mr. Boustany Federal Employees’ Retirement System, and youth try a cigarette for the first time Mr. Brady of Texas for other purposes, with the Senate amend- Mr. Broun of Georgia ment thereto, and to consider in the House, and another 1,000 will become new, reg- Mr. Brown of South Carolina without intervention of any point of order ular, daily smokers. One-third of these Mr. Burton except those arising under clause 10 of rule youth will eventually die prematurely Mr. Carter XXI, a motion offered by the chair of the as a result. America’s youth face in- Mr. Cassidy Committee on Energy and Commerce or his tense pressure every day from friends, Mr. Chaffetz designee that the House concur in the Senate fancy advertisements, and irrespon- Mr. Coffman amendment. The Senate amendment shall be sible adults to make bad decisions that Mr. Conaway considered as read. The motion shall be de- will affect their long-term health and Mr. Culberson batable for one hour equally divided and con- Mrs. Fallin trolled by the chair and ranking minority their families. Mr. Fleming member of the Committee on Energy and A 2006 study conducted by the Sub- Mrs. Foxx Commerce. The previous question shall be stance Abuse and Mental Health Serv- Mr. Franks considered as ordered on the motion to its ices Administration found that 90 per- Mr. Gallegly adoption without intervening motion. cent of all adult smokers began while

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.004 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6624 CONGRESSIONAL RECORD — HOUSE June 12, 2009 they were in their teens or earlier, and A study by Brown University reveals I have spoken to tobacco farmers in two-thirds of adult smokers became that just a few weeks of chewing to- my district, Mr. Speaker, and if this regular daily smokers before they bacco can develop leukoplakia of the matter is enacted, they see the door reached the age of 19. A shocking num- cheeks and gums, which is the forma- ajar, and their fear is tobacco today, ber of American children are at least tion of leathery patches of diseased tis- the family farm tomorrow. I don’t casual smokers before they can even sue on those parts of the mouth. The think this is a knee-jerk reaction. I drive a car. most shocking figure is that one in 20 think it is realistic. As a cosponsor of the Family Smok- of these cases of leukoplakia develop I also have concerns, Mr. Speaker, re- ing Prevention and Tobacco Control into oral cancer. garding the negative impact the meas- Act, I am strongly committed to seeing The American Dental Association, ure would have upon tobacco manufac- this figure drastically reduced, and this who strongly supports this legislation, turers and their employees, retailers, bill is an important step. Congress calls tobacco use the number one cause and wholesalers. Previously this Con- must work to help make our children’s of preventable disease in the United gress has voted to implement a 62-cent lives safer and their daily choices easi- States. It should be a no-brainer to re- tobacco tax increase to fund children’s er. sponsibly regulate such a dangerous health insurance. Today we consider The history of low tar cigarettes il- product. legislation that will create further lustrates the grave danger to public I also want to stress that the bill hardship for the tobacco industry and health caused by fooling consumers by fully funds FDA tobacco activity consumers who use tobacco products. making false and unsubstantiated through user fees on tobacco product I have said this countless times be- claims that one kind of cigarette is manufacturers. All tobacco product-re- fore, Mr. Speaker, but I will reiterate it today: we are talking about a prod- substantially safer than another. lated FDA costs are allocated among Millions of Americans switched to the manufacturers of cigarettes, ciga- uct that is lawfully grown, lawfully manufactured, lawfully marketed, law- low tar cigarettes, believing they were rette tobacco, and smokeless tobacco fully advertised and lawfully con- reducing their risk of lung cancer. products that are sold in the United States based on the manufacturer’s re- sumed. Many were convinced to switch instead Mr. Speaker, H.R. 1256 remains a mis- of quit. It wasn’t until decades later spective share of the United States market. guided piece of legislation. It does not that we learned through the deaths of achieve the goals identified by the pro- those smoking low tar cigarettes that The Congressional Budget Office esti- mates if this bill is passed, we will re- ponent of regulating tobacco content, low tar cigarettes were just as dan- marketing and advertising. Indeed, it gerous as full tar cigarettes. duce youth smoking by 11 percent over the next decade and adult smoking by will further exacerbate an already- Mr. Speaker, as you may recall dur- stretched FDA, negatively impact ing the last debate, I spoke of my fel- 2 percent, a small step in the right di- rection; but there is much more work manufacturers and farmers and create low Coloradan, David Hughes, who as a a strain on Federal revenues to the na- teenager began smoking and then died ahead of us. Mr. Speaker, I reserve the balance of tional Treasury. last year at the age of 52. I had the my time. In my State and in my district and in chance to speak to his widow. Ms. FOXX. Mr. Speaker, I appreciate the district of the distinguished lady In 2002, after his first cancer diag- my colleague yielding time. from North Carolina, H.R. 1256 will re- nosis, throat cancer, he immediately This bill is being brought to the floor sult in job losses to the beleaguered to- quit smoking and became one of Colo- by the majority in a manner that is bacco manufacturing and farming in- rado’s fiercest anti-smoking advocates. closed again, adding to the record num- terests, and it will compromise an al- His optimism and strength never went ber of closed rules in this and the last ready overburdened FDA. I cannot in unnoticed as he volunteered for Congress. Concurring in the Senate good conscience support this measure. Smoke-Free Loveland. His mission was amendment blocks the minority from I again thank the gentlewoman from to prevent others from dying from can- offering a motion to recommit. By North Carolina. cer due to smoking, prevent others choosing to operate in this way, the Mr. POLIS. Mr. Speaker, I yield 3 from making mistakes, prevent others majority has cut off the minority from minutes to the gentlewoman from the Virgin Islands (Mrs. CHRISTENSEN). from making the wrong choices that having any input into the legislative Mrs. CHRISTENSEN. Thank you for ultimately cost him his life. process and is simply not the way we David and so many others of our yielding. should be operating in this country. Mr. Speaker, I rise in support of the friends, our brothers, our sisters, our I would now like to yield such time cousins, our relatives personify the hu- rule and in strong support of H.R. 1256. as he may consume to my distin- I want to take this opportunity to manity of tobacco addiction, and this guished colleague, the gentleman from thank Chairman WAXMAN for his many is why we must ensure that protections North Carolina (Mr. COBLE), the dean are put in place and this bill is passed years of hard work on this legislation. of the North Carolina delegation. We would not be here today passing and sent to President Obama so that Mr. COBLE. Mr. Speaker, I thank the this landmark bill without his and Sen- we can fulfill David’s mission and gentlelady from North Carolina for the ator KENNEDY’s unwavering commit- honor the way that so many others time. She and I share opposition to this ment to have tobacco regulated and have lived and died. proposal. their leadership. Under this legislation, by empow- I rise in continued opposition, Mr. As a physician and Chair of the Con- ering the FDA to regulate tobacco Speaker, to the Family Smoking Pre- gressional Black Caucus Health Brain products, we will not have to wait until vention and Tobacco Control Act. Dur- Trust, as well as a parent and grand- the deaths of millions of more Ameri- ing my tenure in the Congress, I have parent, I give my full support to the cans to learn whether a so-called safer consistently opposed granting the Food Family Smoking Prevention and To- cigarette is really what it claims to be. and Drug Administration the authority bacco Control Act. The bottom line: we have an interest in to regulate tobacco. I do so based upon Today, tobacco is the leading cause making sure our constituents know the my philosophical beliefs and the rami- of preventable death in this country. It facts, all of them, before making po- fications this legislation would have accounts for nearly one in five deaths tentially deadly choices. upon my congressional district and my each year and kills more people than America must also be made aware of State. AIDS, fires, cocaine, heroin, alcohol, the dramatic health risks associated It is my firm belief, Mr. Speaker, homicide, car accidents and suicide with smokeless tobacco. Many still be- that allowing the FDA to regulate to- combined. It is a major public health lieve that chewing tobacco and snuff bacco in any capacity would inevitably issue and a key driver of the country’s are safe alternatives to smoking ciga- lead to FDA regulating the family high health care costs. rettes. farm. Of course, that is the potential. This bill empowers States and com- This bill will require warning labels This could create uncertainty for fam- munities to prevent aggressive tobacco that indicate that smokeless tobacco ily farmers at a time when they are al- marketing that has the greatest nega- causes mouth and gum cancer, serious ready struggling during the current tive impact in the hardest hit commu- oral diseases and tooth loss. economic downturn. nities and among our most vulnerable.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.006 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6625 It bans the additives used to manufac- the truism that things are apt to go to the FDA’s proposed rule. The stat- ture flavored cigarettes which are mar- wrong when government tinkers too ute banned outdoor ads within 1,000 keted to children. And while it does much with personal choices. feet of schools, parks and playgrounds, not ban menthol immediately, it gives b 0930 and also restricted point-of-sale adver- the FDA the authority to do so and tising for tobacco products. The Court sets up a commission to make a rec- We are about to repeat history. There held that this regulation ran afoul of ommendation on this issue, so impor- will be speeches here on the floor, I the tests established in the Central tant to the African American commu- just heard one, about how this bill is Hudson case, which defines the protec- nity, within a year. Additionally, it going to help children, how this bill is tion afforded commercial speech under speeds up the development of smoking going to improve public health. Unfor- the First Amendment, as it was not cessation and nicotine replacement tunately, the Kennedy bill that has sufficiently narrowly tailored and therapies, which are key to helping now just come from the Senate back to would have disparate impacts from millions of Americans overcome nico- the House here is not going to be able community to community. tine addiction. to achieve the goals which it desires. The Court then noted that since the So this bill will help save millions of What I will do here this morning, and Massachusetts statute was based on lives, and in doing so, it will also jump- as I also manage the bill itself, is bring the FDA’s rule, the FDA rule would start and complement our efforts to up some of the highlights and concerns. have similar unconstitutional effects improve health and save millions more The first highlight and concern is that on a nationwide basis. As Justice San- lives through the broader health care Members need to do their due diligence dra Day O’Connor wrote for the Court, reform bill that will also soon be on and read the legislation that is coming ‘‘the uniformly broad sweep of the geo- the President’s desk. to the floor. Please. There is a herd graphical limitation demonstrates a I am pleased that we are taking this mentality that is occurring right now lack of tailoring.’’ bold step necessary to finally address whereby there is blind faith that is Additionally, the proposed rule in the this issue in a comprehensive and given to leadership, and people are just Kennedy bill would require ads to use thoughtful manner, a step that has not voting for things. They have no idea only black text on white background. come easy nor one that has come with- what is truly in the legislation. Again, the United States Supreme out controversy, but a step nonetheless So I’m going to highlight some of the Court found a similar provision uncon- worth taking. great concerns, because we need to be a stitutional in Zauderer v. Office of Dis- I urge passage of the rule and H.R. responsible legislative body. A respon- ciplinary Counsel. In that case, dealing 1256. sible legislative body is one that with advertisers for legal services, the Ms. FOXX. Mr. Speaker, you know, doesn’t kick or punt the tough ques- Court held that the use of colors and il- in many cases, the titles of bills here tions to the Supreme Court, and that’s lustrations in ads are entitled to the since the Democrats have been in con- exactly what we’re doing. same First Amendment protections trol have been backwards from what I’m going to address the Supreme given verbal commercial free speech. they do, but this bill I think does have Court in the First Amendment and Justice Byron White, in his opinion a partially appropriate title. It is Fifth Amendment issues. I’m going to for the Court, wrote that pictures and called the Family Smoking Prevention address the same ‘‘quit or die’’ strate- illustrations and ads cannot be banned and Tobacco Control Act. gies of abstinence that are being ap- ‘‘simply on the strength of the general I think it is emblematic of the con- plied to smoking. I’ll also address harm argument that the visual content of cern and the attempt by the majority reduction that should have been incor- advertising may, under some cir- party to control every aspect of our porated, claimed to be incorporated but cumstances, be deceptive or manipula- lives. Everything that we do in this is not. I’ll also mention how this bill tive.’’ country, they are trying to control. further burdens the FDA and its core There are numerous other speech re- They think they have the answers to mission while, at the same time, the strictions in this legislation that raise everything and that what they want us majority is talking about how the FDA serious First Amendment issues and to do is what should be done. So the cannot protect the American people will create a swarm of lawsuits that emphasis should be on control, because with regard to tainted food and adul- will only divert us from trying to de- that is what they are trying to do, is terated and counterfeit drugs. I also velop more effective approaches to to- control our lives. would like to mention how this bill ac- bacco use in the United States. We know that this legislation will tually locks the marketplace to pre- To put forward speech restrictions have little impact on overall tobacco vent innovation and competition. We that a broad range of experts have stat- use. The Congressional Budget Office are truly on the wave of socialism in ed is almost certain to be struck down has estimated that if this bill is en- this country. would be highly counterproductive, and acted, smoking by adults would decline So, first let me refer to the First should not be done by this legislative by only 2 percent after 10 years. This Amendment. The Kennedy bill directs body. Actually, there probably will be marginal reduction does not warrant the Secretary of HHS to promulgate an a record time between when this bill is this legislation’s significant intrusion interim final rule that is identical to signed into law and when lawsuits on free speech rights and expansion of the FDA’s 1996 rule which legal experts begin to be filed in Federal court. government-run regulatory bureauc- from across the political spectrum Now, I referred in my opening to racy. have stated would violate the First these ‘‘quit or die’’ strategies. The I strongly oppose this bill and this Amendment. While these expert views ‘‘quit or die’’ strategy, the reason I call rule and urge my colleagues to vote should carry great weight, even more it that is this is an abstinence ap- against both of them. dispositive of the fact that the United proach to tobacco, meaning, you either Mr. Speaker, I yield 15 minutes to States Supreme Court has also weighed quit or, if you continue to use the prod- the gentleman from Indiana (Mr. in on various provisions of the rule, uct, you die. That’s their abstinence BUYER). finding them already unconstitu- approach. Mr. BUYER. I thank the gentle- tional—they’ve already ruled—yet The previous speaker even talked woman for yielding. we’re going to go ahead and put them about, well, this bill is going to pro- Herbert Hoover in the last century right back in legislation. Not very re- mote nicotine therapies, and we’re referred to the Volstead Act as a noble sponsible. going to move people toward these nic- experiment. It was grounded on the So before Members get down here and otine therapies and they’ll get a chance sincere desire to rid society of the ills start pounding their chests as though to quit. of alcohol. It was designed to improve they’re doing great things, this is irre- Nicotine therapies work for less than health, cut crime and relieve taxpayers sponsible for this body. 7 percent of the American smokers who of a portion of the burden of sub- In Lorillard Tobacco Company v. use them to quit smoking. Each year, sidizing prisons. The problem is we Reilly, the United States Supreme approximately 20 million smokers use know it as Prohibition. It failed to Court struck down a Massachusetts nicotine replacement therapies in an take into account human nature and statute that was similar in many ways attempt to quit smoking.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.008 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6626 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Now, think about this. You’ve got Are you kidding me? We are not. of risk and the choice of available over 40 million smokers. Two million We’re continuing failure. Failure. So products that are out there today, the try to quit, and there’s a 7 percent suc- don’t come to the floor and act like most harmful, which would be under cess rate. This bill locks in the 7 per- someone is the champion here, because this bill, are the non-filtered ciga- cent success rate and does not allow we’re not. Two-tenths of 1 percent. rettes. That’s why I put them at the 100 the marketplace to exercise innovation Mr. POLIS. Will the gentleman percent. as a gateway of smokers to smokeless- yield? Next is if you actually put a filter on type products in a harm reduction Mr. BUYER. I’ll yield to help you that cigarette. We’re beginning to re- strategy to lower in a continuum of with math. duce the harm. risk. Mr. POLIS. I’m asking you the Then you’ve got tobacco-heated ciga- Seven percent? So individuals are source. rettes. But we don’t understand all the going to come here to the floor and Mr. BUYER. It’s two-tenths of 1 per- science about the tobacco-heated ciga- claim that a 7 percent success rate is cent. rettes. wonderful; 7 percent success rate is Mr. POLIS. Will the gentleman yield Then you have an electronic ciga- failure. Failure. Why should we, as a for a moment? rette, whereby it’s a nicotine delivery Mr. BUYER. Two-tenths of 1 percent, body, embrace failure? We should not. device. Yet we know that when you This legislation, the Kennedy legisla- 2 percent. You think that’s great. don’t ingest the smoke, that you have Mr. POLIS. I’d like to yield to ask tion, locks down the marketplace. It a less harmful product. your source. locks it down. And it says whoever has Mr. BUYER. What? Then there are the U.S. smokeless what particular market share, that’s Mr. POLIS. I’d like to ask your products. Now we can reduce the risk it. That’s where it’s going to be. source. by 90 percent and say to an individual With regard to introduction of new Mr. BUYER. Sure. It’s the Royal Col- that you can obtain your nicotine you products, oh, no, no, no, no, no. We’re lege of Physicians. want, but guess what? You can reduce going to create a 2-tier standard. You Mr. POLIS. That’s from another the harm by 90 percent. But these are have to be able to show, with regard to country? still all harmful products. that product, its impact upon the indi- Mr. BUYER. Absolutely. Then you can go to a Swedish snus, vidual and then the population at Mr. POLIS. Is the gentleman aware and now you can reduce almost 98 per- large. In order to do that, that is a hur- the Congressional Budget Office esti- cent of the risk. The difference here is dle. It is called a ‘‘bridge too far.’’ mates it will reduce youth smoking by one is fermented, and the other is pas- When you create a 2-tier standard that 11 percent over the next 10 years, and teurized. is a barrier, as an entry barrier of new adult smoking by 2 percent? Those are Then you can go to dissolvable to- products to the market, you lock down our own estimates. bacco products that have no innovation. You secure competition in Mr. BUYER. The Royal College of nitrosamines. And then you can go to a present pattern, and then, with re- Physicians, I’m indicating, with regard almost a 99.5 percent reduction of the gard to these therapies, we’re saying to the reduction of prevalence of smok- risk. So you can actually get your nic- okay, this is cool, this is good. We’re ing of .5 and 1 percentage point per otine by either an orb or a strip you doing something great for public year of places around the world. Two lay on your tongue, or you can have a health. We’re going to lock in a 7 per- percent CRS? Yeah, this is CBO. I don’t stick that kind of looks like a tooth- cent success rate. Wow. know where you’re getting your facts. pick and you can roll it and you can Now, Members are also going to come This is CBO. Last time I checked, CBO obtain your nicotine, and you can re- to the floor and say oh, this is really is in the United States, you think? move 99 percent of the health risk. great. We’re really going to be helping Yeah. CBO is in the United States. Ninety-nine percent. people quit smoking. Now, let me also move to harm re- But this legislation is going to say no Are you kidding me? duction strategies. Here’s why I’m real- to these types of innovations. No; that You know what this bill does? ly upset. I’m upset because what we somehow we’re going to lock into that This bill increases the success rate, really should be doing, if we really had which is the most harmful, instead of now, of quitting smoking by two- an interest in improving public health, permitting a migration. tenths of 1 percent. Two-tenths of 1 we should be migrating populations, Now, what we want is, as individuals percent. You’re proud of that? Two- moving populations. And when you migrate, and you’ve got then the thera- tenths of 1 percent. move populations, you also want to in- peutics and medicinal types of nico- Now, let’s talk about what is two- form people with regard to choices and tine, what you really want is them to tenths of 1 percent? Well, let’s go to the risk associated with products. We quit. And when you migrate them, you our friends, one of our strongest allies do that every day in the types of auto- migrate them to eventually quit smok- in our transatlantic alliance, Great mobiles which we buy, whether you’re ing. Britain. The Royal College of Physi- going to wear your seatbelt. I suppose, b 0945 cians, also looking at this issue in I don’t know, if you want to wear a hel- their report, and they’re looking also met—did you wear a helmet to work The SPEAKER pro tempore. The to solutions to the smoking epidemic, when you drove your car today? I guess time of the gentleman has expired. they write, in their review of other that’s a choice you could make. People Ms. FOXX. I yield the gentleman an- countries, it indicates that the best make harm reduction choices every other 1 minute. conventional tobacco control measures day. In the foods we eat, what we Mr. BUYER. What we have in the bill reducing smoking prevalence is be- drink, whatever we consume, we make is abstinence. It mentions harm reduc- tween .5 and 1 percentage point per these decisions every day. But how tion, but because there is a two-tiered year. Whoa. Great Britain went out come we don’t apply harm reduction approach to the approval process for there and looked at all these other strategies to tobacco? We should. the introduction of new tobacco prod- countries around the world and found So, in the marketplace right now, ucts, it is truly an entry barrier, so that other countries that are taking there are many types of products. Now, we’ve locked down the marketplace. aggressive measures are able to reduce what is unique about what’s happening When you lock down the marketplace, smoking prevalence by .5 to 1 percent- here is that this legislation doesn’t you do not improve public health in age points per year. And none of them even touch that which is most harmful, this country, and that is the greatest have even taken into account what Mr. which are cigars and pipes. Cigars and concern that I have here today. MCINTYRE and I presented to the floor pipes, you can directly ingest these ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE for harm reduction strategies. toxins and carcinogens in a far greater The SPEAKER pro tempore. Mem- So, great. The rest of the world is at strength into the body, and it is more bers are reminded to address their re- .5 and 1, and we’re going to be at two- harmful. But that’s not even touched marks to the Chair. tenths of 1 percent, and you’re going to in this legislation. Mr. POLIS. Mr. Speaker, currently a claim that’s success. We’re doing great So let’s just talk about what’s head of lettuce receives more regula- things to improve public health. touched. If you look at the continuum tion than tobacco products. I would

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.010 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6627 simply ask: Which is more dangerous be able to establish tobacco product about 2 percent after 10 years.’’ Wow. to the American people? I would like to standards and require manufacturers Wow. quote from The New York Times today, to provide the Secretary with a list of Now let me refer to the other. Too which endorsed, through an editorial, harmful ingredients in tobacco prod- often, we should be careful about being this bill, and it has been supported in ucts. We don’t even know what we’re cute here on the House floor. ‘‘Cute’’ the past as well. smoking today. The bill will establish means the reference with regard to let- ‘‘It has now been proved beyond a new labeling requirements to tobacco tuce, so I’ll follow your logic. If you shadow of a doubt that cigarette mak- products. were to take that lettuce, dry it, roll ers have spent decades making false I believe the bill is long overdue, and it, and go ahead and smoke your let- statements, suppressing evidence of I am pleased that this bill has the sup- tuce, do you realize that you would end harm, and manipulating the design of port of tobacco manufacturers such as up with similar problems than if you cigarettes to increase their addictive- Philip Morris as well as public health were smoking tobacco? It’s not the nic- ness. Federal regulators should be able groups like the American Cancer Soci- otine that kills. It’s the smoke that to stop many of these abuses—and we ety and the Campaign for Tobacco-Free kills. It’s the inhalation of the smoke. hope help prevent more Americans Kids. The Family Smoking Prevention That’s what causes and is responsible from losing their lives to smoking.’’ and Tobacco Control Act is a step in for the pandemic of cancers, of heart This bill is the first step. the right direction to address the issue disease, of respiratory disease, and of Mr. Speaker, I would like to yield 3 of smoking in our country. other factors. It’s the smoke. So, as for minutes to the gentleman from Texas I ask Members of Congress: How the migration of people from smoke (Mr. GENE GREEN). many loved ones and constituents do into smokeless and into other forms of Mr. GENE GREEN of Texas. Thank you know who have died from lung can- therapies, if they want to obtain their you, I thank my colleague from the cer caused by smoking? nicotine, it’s okay. Mr. WAXMAN, him- Rules Committee for allowing me to This bill can help those 13-, 14- and self, would say, I do not want to outlaw speak for 3 minutes. 15-year-olds, who are growing up now, tobacco. Mr. Speaker, I respectfully disagree not to become addicted to tobacco. I Mr. POLIS. Mr. Speaker, I think that with my colleague and member of the strongly support the bill, and I urge one of the differences between smoking Energy and Commerce Committee from my colleagues to support it as well. lettuce—and I have to admit that this Indiana. I rise in strong support of H.R. Ms. FOXX. Mr. Speaker, I would like is the first time I’ve heard of smoking 1256, the Family Smoking Prevention to point out a couple of issues. lettuce—and smoking tobacco is that and Tobacco Control Act. I am an It seems to me that, if a head of let- tobacco, because of its nicotine con- original cosponsor of the bill, and I am tuce has more rules than tobacco, then tent, is highly addictive. Again, there pleased that we will finally send this I think we should reduce the regula- is evidence, undisputable evidence, piece of legislation to the President. tions on lettuce. I think we’re going in that companies have deliberately in- Again, I respectfully disagree with the wrong direction in terms of this creased the levels of addictive nicotine some of the statements earlier. issue. within those products and that Amer- For many years, Congress has tried The other thing I would like to point ican lives have been lost as a result. to address tobacco use and the impact out is something that my colleague One of the other important aspects of it has on our country and on our peo- from Indiana pointed out. This bill fo- this bill is ending the practice of many ple. Nearly 21 percent of Americans cuses totally on the issue of absti- of these tobacco products which are smoke cigarettes, which is actually a nence. It’s interesting to me that I’ve targeted specifically to children—bar- reduction over the past few years, but been in so many debates where the ma- ring the sale of flavored tobacco prod- almost 23 percent of high school stu- jority party completely puts aside ab- ucts, such as fruit and cloves and choc- dents are smokers—23 percent. stinence education when it comes to olate, with names that entice children, According to the Substance Abuse sex education in the schools. They say like ‘‘Very Berry.’’ This would ensure and Mental Health Services Adminis- abstinence education has absolutely no that those are properly regulated. tration, every day, 1,140 young adults benefit, and we know the research Mr. Speaker, I would like to yield 3 start smoking. Over 1,000 young people shows the opposite. Yet, on this issue, minutes to the gentlewoman from Cali- start smoking. Every day that these they’d like to go totally for abstinence fornia (Ms. HARMAN). young adults start smoking, they’re education. Ms. HARMAN. I thank the gentleman entering a lifelong addiction. There- I would now like to yield 2 minutes for yielding, and I rise in support of fore, the number of young adults who to my colleague, the gentleman from this rule and of the bill, as amended, by start smoking every day is tragic, espe- Indiana (Mr. BUYER). the Senate. cially when you consider that cigarette Mr. BUYER. Mr. Speaker, I would Mr. Speaker, as they say in the intel- smoking is a leading cause of prevent- just like to bring up two points. ligence world, ‘‘this is a slam dunk.’’ I able death in our country. Once you’re During my presentation, the gen- have experienced the tragedy that af- addicted to tobacco, it’s with you for tleman brought up the 11 percent issue. flicts many tobacco users and their life and death. Most smokers start at After I gave my remarks, I imme- families. Both of my parents were 13, 14 or 15 years old. diately went to the Congressional chain smokers. My father, a physician, The Family Smoking Prevention and Budget Office. It was a very clever at- quit when I was young, but our house Tobacco Control Act will give the Food tempt, Mr. Speaker, of the Rules Com- reeked of secondhand smoke, and my and Drug Administration, the FDA, the mittee to try to confuse the American mother continued to smoke until she authority to regulate tobacco for the people, so I’ll read directly from the could no longer hold a cigarette. After first time. As was said earlier, we don’t CBO report so the record is clear. long illnesses, both parents died from regulate tobacco now. We’re finally ‘‘Based on information from aca- lung cancer. It was a nightmare and giving the Food and Drug Administra- demic and other researchers, CBO esti- one I would spare other families. As a tion the authority to regulate it. mates that H.R. 1256,’’ which is the grandmother of three, I hope my This bill is fully paid for, and the Waxman bill, which is not being heard grandkids will never smoke. FDA activity on tobacco will be fully here—it is the Kennedy bill which is Approximately 4,000 children try a funded through a user fee, not through being referred to here—‘‘would result cigarette for the first time each day. the FDA’s existing budget. These new in a further reduction in the number of By the end of this week, thousands of funds will not take away or affect any underage tobacco users of 11 percent by Americans will have died from tobacco- of the FDA’s current activities. This 2019.’’ related diseases, and thousands more bill will also subject all new tobacco Here is the other part, the rest of the will become new, regular users. We can products to premarket review. It will story, that the Rules Committee did take a big step forward in breaking give the Secretary of Health and not share with the country. this deadly cycle by giving the FDA Human Services the ability to restrict ‘‘CBO also estimates that imple- the authority to regulate tobacco prod- the sale, distribution and promotion of menting H.R. 1256 would lead to a fur- ucts. That’s all this bill does, and it is tobacco products. The Secretary will ther decline in smoking by adults by long overdue.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.014 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6628 CONGRESSIONAL RECORD — HOUSE June 12, 2009 The legislation we are voting on yield only small and barely measurable regulatory structure for the first time today is the product of a decades’-long reductions in tobacco-related illness around tobacco products, are construc- crusade by our colleague HENRY WAX- and death. The addition of a harm re- tive steps; and I would agree with the MAN, by Senator EDWARD KENNEDY, by duction component, however—and gentleman from Indiana not mutually the Campaign for Tobacco-Free Kids, that’s why I want to work with Ms. inconclusive steps, mutually incon- and by scores of public health groups. HARMAN—could yield a 50 to 80 percent sistent steps with many other things It is a big downpayment on health care reduction in tobacco-related illness that we need to do for the common reform. and death over the first 10 years and a goal that we share to reducing youth Mr. Speaker, California alone spends likely reduction of up to 90 percent smoking. over $9 billion annually treating to- within 20 years. Madam Speaker, I would like to yield bacco-related diseases. This critical That’s why I’m so passionate about a 1 minute to the gentleman from Illi- funding could be put towards our fail- harm reduction strategy. I embrace nois (Mr. QUIGLEY). ing health care infrastructure and to- your personal story, and that’s why I Mr. QUIGLEY. Madam Speaker, the wards making health care more afford- am so sincere about a harm reduction. tobacco industry has been feeding us a able for everyone. With its passage Ms. HARMAN. Will the gentleman line. In addition to selling tobacco, the today, I hope this bill will become law yield? industry is now selling us a story. They promptly, and I hope that the CBO will Mr. BUYER. I would yield to the gen- would have us believe that this bill, find the way to score the savings that tlewoman. which will allow the FDA to regulate come from this and from other prevent- Ms. HARMAN. I appreciate what their tobacco, will ruin their industry, ative health measures. you’ve said, and I do appreciate long shut down small farms, and hurt al- If we can do this, we can find a way years of collaboration on very impor- ready-hurting farmers who just want to cut the cost of health care reform, of tant issues, especially affecting the to earn a living. national health care reform, which is military, like sexual harassment and urgently needed this year. So, as I see this wave of sexual assault and rape The truth is the tobacco industry has it, this is a downpayment on health against women. I appreciate that very lied for decades about the addictive na- care reform, and it’s a downpayment much. ture of tobacco. They have targeted on the health of our children and of our On this issue, sure, let’s work to- our children as prime consumers of grandchildren. This bill will save lives gether on a harm reduction strategy. I their deadly product, and they have and scarce resources. This bill is a slam think this bill, which I’m for and produced and marketed a product that dunk. Vote ‘‘aye’’ on the rule and on you’re obviously against, goes only is the leading cause of preventible the underlying legislation. partway. There is a lot more to do, and death in the United States, killing an Ms. FOXX. Mr. Speaker, I would like a lot of people have terrible stories like estimated 438,000 people each year. to yield briefly to my colleague, the mine, and I embrace the fact that It is past time to empower the FDA gentleman from Indiana (Mr. BUYER), you’re against smoking. I surely hope to step up and stop the tobacco compa- who has a very important point to that becomes a much more prevalent nies from continuing to make false make on this issue. practice by our young kids. That’s claims about tobacco and start telling Mr. BUYER. Mr. Speaker, I would what my purpose here is. I never want the truth. For too many years, the to- just say to my good friend from Cali- anyone else to have the kind of tragedy bacco industry has sold us a line. fornia that I am not an advocate of that I had with parents who were ad- They’ve attempted to tell us what smoking at all. What I’m trying to do dicted like mine. they’re selling, but in reality, the only here on the floor is to help improve the b 1000 thing they’ve been selling us is sick- public health of our Nation, and this is ness and death. Mr. BUYER. Reclaiming my time, I a bill that actually locks down the Ms. FOXX. Madam Speaker, I want will embrace that, and probably what marketplace. to say that Mr. BUYER has brought up we need to do if the President signs To the speaker, as to my reference to again the issue that the Republicans this bill into law, I offer to work with Ms. HARMAN, I want you to know that have alternatives that are proven more the gentlelady and we’ll introduce a that is my sincere effort here. How do effective. But those alternatives are bill to incorporate harm reduction. I we improve public health? not being properly considered by the Other nations around the world are agreed earlier when I had spoken with majority party. Department of Health all struggling, like we are, for good, Chairman WAXMAN, he recognizes that and Human Services Secretary Levin sound public policy in how we regulate a pragmatic approach is truly incorpo- has noted that this legislation could be a legal product by adult users. There ration of harm reduction with absti- also viewed by foreign countries as a are restrictions with regard to access nence. And when we’re talking about hostile trade action. to children. Then, with regard to adult teenage sex or the use of tobacco, if we users, countries around the world are really, truly want a hand, four fingers Many of the cloves and other flavored beginning to look at harm reduction and a thumb don’t make a hand with- cigarettes that are banned under this and at applying those strategies to to- out a palm. So you have to use prag- bill are manufactured in foreign coun- bacco. matism along with new science. tries. However, this bill expressly per- We had an opportunity to do that. It And I will welcome the opportunity mits production of menthol cigarettes. failed here on the floor, and I recognize to work with the gentlelady. This could lead Indonesia or other for- that. It’s probably something that’s Mr. POLIS. I want to highlight that eign governments to file complaints at new. I welcome the opportunity to join this legislation is supported by over the World Trade Organization claiming with the gentlewoman from California, 1,000 public health, faith, and other or- discrimination against their products. as we’ve worked really well together ganizations, including the American Ultimately, retaliatory measures could our entire time we’ve been here, and I Cancer Society Action Network, the be taken against American-made prod- would love to work with you on harm American Heart Association, American ucts which could lead to unnecessary reduction strategies. I’ll just read this Dental Association, and American trade disputes with a negative effect on from the American Association of Pub- Lung Association. I would also like to economic growth. lic Health Physicians. Since, Mr. think that the recent dialogue between As Mr. BUYER again pointed out ear- Speaker, the Rules Committee doesn’t the Representative from California and lier, most of us do not want to encour- want me to cite the Royal College of the Representative from Indiana, that, age smoking. But we oppose this bill on Physicians, I’ll cite an American insti- of course, this bill is just a start. the basis that it is establishing a new tution. With regard to many strategies that Federal authority for the regulation of The American Association of Public need to be used and employed to reduce the tobacco industry in putting the Health Physicians found, In practical youth smoking, certainly the banning FDA in charge of this. The tobacco in- terms, the enhancement of current of targeted marketing towards youth dustry should continue to be regulated policies based on the premise that all and tobacco products that clearly have at the State level. We should not ex- tobacco products are equally risky will names that affect youth, creating a pand the Federal Government to add

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.017 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6629 another layer of bureaucracy to the al- mistakes with their lives. When 80 per- up another important issue that is no ready overburdened Food and Drug Ad- cent of kids smoke the most heavily longer included in this bill, and hope- ministration and another layer of regu- advertised brands, it’s easy to infer the fully he and other of our colleagues can lation to American consumers and influence of advertising on children. work to ensure that we have a competi- lives. This is not the direction we need Big Tobacco claims they don’t mar- tive workforce for our Federal Govern- to go, but it is the direction, again, ket to kids. Nevertheless, they do a re- ment. that the administration and the major- markably and suspiciously good job of Madam Speaker, tobacco is the dead- ity party want to go, that is, more and getting kids to use their products. This liest product on the market today. It more control of the lives of Americans. has to change. kills over 400,000 Americans every year. And with that, Madam Speaker, I This legislation will also require that Despite that grim statistic, tobacco yield back. tobacco products marketed as safer and companies have enjoyed a great deal of Mr. POLIS. Madam Speaker, this bill claims to be safer are in fact dem- influence over public policy—indeed, a is not a hostile trade action. Every sov- onstrated to be safer by scientific privileged state—avoiding the appro- ereign State, every country has the full proof. No more will consumers be priate oversight of their dangerous ability to regulate public health issues. duped into believing there is such a business. By giving the Food and Drug Tobacco is a killer: 443,000 deaths per thing as healthy cigarettes, light or Administration the authority to exer- year. Smoking-related deaths, as I low tar. By imposing scientifically cise their proper oversight duties, we mentioned earlier, are more than the backed, new labeling requirements for strip Big Tobacco of their special privi- deaths caused by AIDS, alcohol, co- such products, this bill will ensure that leges and power. caine, heroin, homicide, suicide, motor tobacco consumers not only receive ac- We owe consumers the same levels of vehicle crashes, and fires combined. It curate information about what is in protection with regard to tobacco use is a matter of national sovereignty, a such products, but also are protected as we do with food and drink consump- concept that I know the gentlewoman from poisonous substances that are in- tion, prescription and over-the-counter from North Carolina is also a strong jurious to health. drugs, and even makeup and cosmetics. supporter of, that countries have the Madam Speaker, I would like to in- Why should tobacco, such an obviously ability, in fact a duty, to regulate pub- quire as to how much time remains. harmful product, not be subject to the The SPEAKER pro tempore (Mrs. lic health issues. same scrutiny as a head of lettuce or TAUSCHER). The gentleman has 10 min- Madam Speaker, this bill specifically mascara or a drink? achieves critical public health goals. utes remaining. Mr. POLIS. Madam Speaker, I would The FDA is more than capable of This legislation would ensure that to- like to yield 2 minutes to the gen- handling this new responsibility. We bacco products are not advertised or entrust the most sensitive regulation tleman from Virginia (Mr. CONNOLLY). sold to children. And as I mentioned, 90 Mr. CONNOLLY of Virginia. I thank and oversight efforts already to the percent of adult smokers start before my friend from Colorado. FDA: the regulation of what we put in the age of 19. I rise in support of the underlying our own bodies. We must give this Addiction to tobacco begins almost legislation, and I thank my friend from agency the opportunity to succeed, universally in childhood and adoles- Colorado for his passion on the subject. providing the necessary resources to cence. Tobacco companies have long We know that if we can deter teenage get the job done; and this bill does taken advantage of this vulnerability smoking, we can deter a lifetime of that. by promoting their products through health risks and health costs. By providing the Health and Human cartoon advertisements, free, tobacco- I must confess, Madam Speaker, Services Secretary with the authority themed merchandise that appeals to some concern about accepting the Sen- to regulate tobacco product standards kids, and sponsorships of sports and en- ate provision here. There were other and product testing based on scientific tertainment events. provisions in the House bill that I pas- evidence, this legislation will promote By reinstating the FDA’s 1996 rule, sionately supported that protect our and protect the Nation’s public health. we will be able to ban all outdoor to- Federal workforce, and I specifically And as my friend and colleague and bacco advertising within 1,000 feet of refer to the provision allowing the Representative from California, Ms. schools and playgrounds. Again, com- counting of sick leave for retirement HARMAN, said, this is an important mon sense. We will ban free giveaways and allowing those who are under the nexus in the health care debate in re- of any nontobacco items with the pur- Federal Employment Retirement Serv- ducing costs and helping ensure that chase of a tobacco product that appeals ice to re-employ, pick up where they Americans are healthier. to children; we restrict vending ma- left off. These are important provi- For far too long we have not followed chines and self-service displays to sions, Madam Speaker, because the doctors’ orders with regard to tobacco adult-only facilities; and require retail- Federal workforce, as we look out to use. Science tells us a great deal about ers to verify age for all over-the- the future, is going to be challenged the causes of disease and the risks of counter sales and provide for Federal with a brain drain. certain behaviors. This legislation puts enforcement and penalties for retailers The baby boom generation is going to those scientific findings at the fore- who sell to minors. be retiring. As many as 40 percent of front of policymaking for the Depart- Barring the sale of certain flavored the current workforce will be retiring ment of Health and Human Services. tobacco products, such as fruits and over the next decade. In order to at- Mr. BUYER. Will the gentleman chocolate, will protect the health of tract talent for the future Federal yield? children who are lured to smoking by workforce, we need more flexible work Mr. POLIS. Yes. these candy-like flavors with little, if rules; we need to provide more amen- Mr. BUYER. I want to make sure the any, impact on adult enjoyment of to- ities for that workforce. I was dis- record is clear. bacco. appointed that the Senate, on an Earlier in your remarks you referred The opponents of this legislation amendment by Mr. DEMINT of South to the issue on spiking. Spiking was an often cite the American value of indi- Carolina, dropped those provisions allegation that was made in a news- vidual or personal responsibility. Cer- from this bill that were carefully craft- paper article; the investigation had tainly informed adults are responsible ed from the Committee on Oversight taken place. Former FDA Commis- for making their own choices and deal- and Government Reform here in the sioner Kessler found that spiking alle- ing with the consequences, including House, and I hope we can revisit those gations of nicotine were found to be the choice of whether to smoke. Where issues in the future. false. we differ is our treatment of the fact But the underlying bill with respect Mr. POLIS. Thank you for clarifying. that 90 percent of the Americans who to tobacco is a very important bill. This bill also promotes public health smoke began as teenagers between the And, again, I thank Mr. POLIS from by requiring the Health and Human ages of 12 and 17. Opponents ask kids to Colorado for his leadership and passion Services Secretary to consider placing make grave, health-related choices to the subject. tobacco replacement product on a fast- with incomplete information and hold Mr. POLIS. I would like to thank the track FDA approval process. If we want those kids responsible for childhood gentleman from Virginia for bringing Americans to stop smoking, we must

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.019 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6630 CONGRESSIONAL RECORD — HOUSE June 12, 2009 provide them with the help they need Madam Speaker, I yield back the bal- SEC. 2. FINDINGS. to kick the habit. Holding up these ance of my time, and I move the pre- The Congress finds the following: smoking cessation aids, in an age of vious question on the resolution. (1) The use of tobacco products by the Na- tion’s children is a pediatric disease of consider- bureaucratic red tape, is no longer an The previous question was ordered. able proportions that results in new generations option. I believe that that’s a concept The resolution was agreed to. of tobacco-dependent children and adults. that’s consistent with the harm-reduc- A motion to reconsider was laid on (2) A consensus exists within the scientific tion strategy that my colleague from the table. and medical communities that tobacco products Indiana had discussed earlier. f are inherently dangerous and cause cancer, By creating a special category of heart disease, and other serious adverse health small tobacco product manufacturers, FAMILY SMOKING PREVENTION effects. the bill will ensure that small busi- AND TOBACCO CONTROL ACT (3) Nicotine is an addictive drug. nesses have the assistance they need Mr. WAXMAN. Madam Speaker, pur- (4) Virtually all new users of tobacco products are under the minimum legal age to purchase from the FDA to comply with the new suant to House Resolution 532, I call up such products. regulations. Supported by over 1,000 from the Speaker’s table the bill (H.R. (5) Tobacco advertising and marketing con- health and faith-based groups from 1256) to protect the public health by tribute significantly to the use of nicotine-con- across the country, including the providing the Food and Drug Adminis- taining tobacco products by adolescents. American Cancer Association, the tration with certain authority to regu- (6) Because past efforts to restrict advertising American Heart Association, the late tobacco products, to amend title 5, and marketing of tobacco products have failed American Lung Association, The Cam- United States Code, to make certain adequately to curb tobacco use by adolescents, paign for Tobacco Free Kids, and the comprehensive restrictions on the sale, pro- modifications in the Thrift Savings motion, and distribution of such products are American Dental Association. This bill Plan, the Civil Service Retirement needed. also preserves States rights by not pre- System, and the Federal Employees’ (7) Federal and State governments have empting State tobacco laws. It’s ex- Retirement System, and for other pur- lacked the legal and regulatory authority and tremely important to respect that poses, with a Senate amendment there- resources they need to address comprehensively many States, including my own home to, and I have a motion at the desk. the public health and societal problems caused State of Colorado, already recognize The Clerk read the title of the bill. by the use of tobacco products. the dangers of smoking and the role The SPEAKER pro tempore. The (8) Federal and State public health officials, that regulation can play and have ex- the public health community, and the public at Clerk will designate the Senate amend- large recognize that the tobacco industry should cellent laws on the books that keep ment. be subject to ongoing oversight. cigarettes out of the hands of children The text of the Senate amendment is (9) Under article I, section 8 of the Constitu- and also regulates second-hand smoke. as follows: tion, the Congress is vested with the responsi- I’m very proud to say that my home Senate amendment: bility for regulating interstate commerce and State of Colorado is recognized as a Strike all after the enacting clause and in- commerce with Indian tribes. leader in tobacco control, as dem- sert the following: (10) The sale, distribution, marketing, adver- onstrated by our leadership in enacting tising, and use of tobacco products are activities DIVISION A—FAMILY SMOKING PREVEN- in and substantially affecting interstate com- a comprehensive smoke-free law that TION AND TOBACCO CONTROL ACT includes casinos. Additionally, Colo- merce because they are sold, marketed, adver- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tised, and distributed in interstate commerce on rado is working on enacting a youth- (a) SHORT TITLE.—This division may be cited a nationwide basis, and have a substantial ef- access policy statewide. A senator from as the ‘‘Family Smoking Prevention and To- fect on the Nation’s economy. my district, the State senator, intro- bacco Control Act’’. (11) The sale, distribution, marketing, adver- duced a bill last year that required ID (b) TABLE OF CONTENTS.—The table of con- tising, and use of such products substantially checks for tobacco purchases and pro- tents of this division is as follows: affect interstate commerce through the health hibited youths from possessing tobacco Sec. 1. Short title; table of contents. care and other costs attributable to the use of products. Sec. 2. Findings. tobacco products. I would like to highlight, in conclu- Sec. 3. Purpose. (12) It is in the public interest for Congress to sion, a story of a hero in the cancer Sec. 4. Scope and effect. enact legislation that provides the Food and Sec. 5. Severability. Drug Administration with the authority to regu- awareness movement from my district, late tobacco products and the advertising and a type of heroism that, unfortunately, Sec. 6. Modification of deadlines for Secretarial action. promotion of such products. The benefits to the is all too common. American people from enacting such legislation TITLE I—AUTHORITY OF THE FOOD AND would be significant in human and economic b 1015 DRUG ADMINISTRATION terms. Susan DeWitt was a typical soccer Sec. 101. Amendment of Federal Food, Drug, (13) Tobacco use is the foremost preventable mom from Superior, Colorado. She and Cosmetic Act. cause of premature death in America. It causes made a DVD video about the struggles Sec. 102. Final rule. over 400,000 deaths in the United States each of her family during her 8-year battle Sec. 103. Conforming and other amendments to year, and approximately 8,600,000 Americans with cancer that ultimately cost her general provisions. have chronic illnesses related to smoking. Sec. 104. Study on raising the minimum age to her life. She had earlier worked as a re- (14) Reducing the use of tobacco by minors by purchase tobacco products. 50 percent would prevent well over 10,000,000 of porter in Boulder County. She had been Sec. 105. Enforcement action plan for adver- today’s children from becoming regular, daily a light smoker in her teens and contin- tising and promotion restrictions. smokers, saving over 3,000,000 of them from pre- ued into her twenties, and she quit in Sec. 106. Studies of progress and effectiveness. mature death due to tobacco-induced disease. 1992, in her early thirties. TITLE II—TOBACCO PRODUCT WARNINGS; Such a reduction in youth smoking would also She passed away at the age of 42 from CONSTITUENT AND SMOKE CON- result in approximately $75,000,000,000 in sav- lung cancer. She created ‘‘Through My STITUENT DISCLOSURE ings attributable to reduced health care costs. Children’s Eyes’’ as a legacy, and her Sec. 201. Cigarette label and advertising warn- (15) Advertising, marketing, and promotion of family founded the Susan DeWitt ings. tobacco products have been especially directed Sec. 202. Authority to revise cigarette warning to attract young persons to use tobacco prod- Foundation to continue her work. ucts, and these efforts have resulted in in- How many more Susan DeWitts must label statements. Sec. 203. State regulation of cigarette adver- creased use of such products by youth. Past ef- there be in this country? This plague forts to oversee these activities have not been has touched almost all American lives. tising and promotion. Sec. 204. Smokeless tobacco labels and adver- successful in adequately preventing such in- How many of us have lost a friend or tising warnings. creased use. relative to lung cancer and to smok- Sec. 205. Authority to revise smokeless tobacco (16) In 2005, the cigarette manufacturers spent ing? product warning label statements. more than $13,000,000,000 to attract new users, This bill is a critical important first Sec. 206. Tar, nicotine, and other smoke con- retain current users, increase current consump- step in finally creating a regulatory stituent disclosure to the public. tion, and generate favorable long-term attitudes toward smoking and tobacco use. structure to discourage young people TITLE III—PREVENTION OF ILLICIT (17) Tobacco product advertising often from ever beginning to smoke and reg- TRADE IN TOBACCO PRODUCTS misleadingly portrays the use of tobacco as so- ulating the safety of tobacco products. Sec. 301. Labeling, recordkeeping, records in- cially acceptable and healthful to minors. Madam Speaker, I urge a ‘‘yes’’ vote spection. (18) Tobacco product advertising is regularly on the rule and the underlying bill. Sec. 302. Study and report. seen by persons under the age of 18, and persons

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0636 Sfmt 6333 E:\CR\FM\K12JN7.021 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6631 under the age of 18 are regularly exposed to to- motion of tobacco products contained in such (42) Permitting manufacturers to make unsub- bacco product promotional efforts. regulations will lead to a significant decrease in stantiated statements concerning modified risk (19) Through advertisements during and spon- the number of minors using and becoming ad- tobacco products, whether express or implied, sorship of sporting events, tobacco has become dicted to those products. even if accompanied by disclaimers would be strongly associated with sports and has become (32) The regulations described in paragraph detrimental to the public health. portrayed as an integral part of sports and the (30) impose no more extensive restrictions on (43) The only way to effectively protect the healthy lifestyle associated with rigorous sport- communication by tobacco manufacturers and public health from the dangers of unsubstan- ing activity. sellers than are necessary to reduce the number tiated modified risk tobacco products is to em- (20) Children are exposed to substantial and of children and adolescents who use cigarettes power the Food and Drug Administration to re- unavoidable tobacco advertising that leads to and smokeless tobacco and to prevent the life- quire that products that tobacco manufacturers favorable beliefs about tobacco use, plays a role threatening health consequences associated sold or distributed for risk reduction be reviewed in leading young people to overestimate the with tobacco use. Such regulations are narrowly in advance of marketing, and to require that the prevalence of tobacco use, and increases the tailored to restrict those advertising and pro- evidence relied on to support claims be fully number of young people who begin to use to- motional practices which are most likely to be verified. bacco. seen or heard by youth and most likely to entice (44) The Food and Drug Administration is a (21) The use of tobacco products in motion them into tobacco use, while affording tobacco regulatory agency with the scientific expertise pictures and other mass media glamorizes its use manufacturers and sellers ample opportunity to to identify harmful substances in products to for young people and encourages them to use to- convey information about their products to which consumers are exposed, to design stand- bacco products. adult consumers. ards to limit exposure to those substances, to (22) Tobacco advertising expands the size of (33) Tobacco dependence is a chronic disease, evaluate scientific studies supporting claims the tobacco market by increasing consumption one that typically requires repeated interven- about the safety of products, and to evaluate tions to achieve long-term or permanent absti- of tobacco products including tobacco use by the impact of labels, labeling, and advertising nence. young people. on consumer behavior in order to reduce the risk (34) Because the only known safe alternative (23) Children are more influenced by tobacco of harm and promote understanding of the im- marketing than adults: more than 80 percent of to smoking is cessation, interventions should target all smokers to help them quit completely. pact of the product on health. In connection youth smoke three heavily marketed brands, with its mandate to promote health and reduce while only 54 percent of adults, 26 and older, (35) Tobacco products have been used to fa- cilitate and finance criminal activities both do- the risk of harm, the Food and Drug Adminis- smoke these same brands. tration routinely makes decisions about whether (24) Tobacco company documents indicate mestically and internationally. Illicit trade of tobacco products has been linked to organized and how products may be marketed in the that young people are an important and often United States. crucial segment of the tobacco market. Children, crime and terrorist groups. (36) It is essential that the Food and Drug Ad- (45) The Federal Trade Commission was cre- who tend to be more price sensitive than adults, ministration review products sold or distributed ated to protect consumers from unfair or decep- are influenced by advertising and promotion for use to reduce risks or exposures associated tive acts or practices, and to regulate unfair practices that result in drastically reduced ciga- with tobacco products and that it be empowered methods of competition. Its focus is on those rette prices. marketplace practices that deceive or mislead (25) Comprehensive advertising restrictions to review any advertising and labeling for such products. It is also essential that manufacturers, consumers, and those that give some competitors will have a positive effect on the smoking rates prior to marketing such products, be required to an unfair advantage. Its mission is to regulate of young people. activities in the marketplace. Neither the Fed- (26) Restrictions on advertising are necessary demonstrate that such products will meet a se- eral Trade Commission nor any other Federal to prevent unrestricted tobacco advertising from ries of rigorous criteria, and will benefit the agency except the Food and Drug Administra- undermining legislation prohibiting access to health of the population as a whole, taking into account both users of tobacco products and per- tion possesses the scientific expertise needed to young people and providing for education about sons who do not currently use tobacco products. implement effectively all provisions of the Fam- tobacco use. (37) Unless tobacco products that purport to ily Smoking Prevention and Tobacco Control (27) International experience shows that ad- reduce the risks to the public of tobacco use ac- Act. vertising regulations that are stringent and com- tually reduce such risks, those products can (46) If manufacturers state or imply in com- prehensive have a greater impact on overall to- cause substantial harm to the public health to munications directed to consumers through the bacco use and young people’s use than weaker the extent that the individuals, who would oth- media or through a label, labeling, or adver- or less comprehensive ones. erwise not consume tobacco products or would (28) Text only requirements, although not as tising, that a tobacco product is approved or in- consume such products less, use tobacco prod- stringent as a ban, will help reduce underage spected by the Food and Drug Administration or ucts purporting to reduce risk. Those who use use of tobacco products while preserving the in- complies with Food and Drug Administration products sold or distributed as modified risk standards, consumers are likely to be confused formational function of advertising. products that do not in fact reduce risk, rather (29) It is in the public interest for Congress to and misled. Depending upon the particular lan- than quitting or reducing their use of tobacco adopt legislation to address the public health guage used and its context, such a statement products, have a substantially increased likeli- crisis created by actions of the tobacco industry. could result in consumers being misled into be- hood of suffering disability and premature (30) The final regulations promulgated by the lieving that the product is endorsed by the Food death. The costs to society of the widespread use Secretary of Health and Human Services in the and Drug Administration for use or in con- of products sold or distributed as modified risk August 28, 1996, issue of the Federal Register (61 sumers being misled about the harmfulness of products that do not in fact reduce risk or that Fed. Reg. 44615–44618) for inclusion as part 897 the product because of such regulation, inspec- increase risk include thousands of unnecessary tion, approval, or compliance. of title 21, Code of Federal Regulations, are con- deaths and injuries and huge costs to our health sistent with the first amendment to the United (47) In August 2006 a United States district care system. court judge found that the major United States States Constitution and with the standards set (38) As the National Cancer Institute has forth in the amendments made by this subtitle cigarette companies continue to target and mar- found, many smokers mistakenly believe that ket to youth. USA v. Philip Morris, USA, Inc., for the regulation of tobacco products by the ‘‘low tar’’ and ‘‘light’’ cigarettes cause fewer Food and Drug Administration, and the restric- et al. (Civil Action No. 99–2496 (GK), August 17, health problems than other cigarettes. As the 2006). tion on the sale and distribution of, including National Cancer Institute has also found, mis- (48) In August 2006 a United States district access to and the advertising and promotion of, taken beliefs about the health consequences of court judge found that the major United States tobacco products contained in such regulations smoking ‘‘low tar’’ and ‘‘light’’ cigarettes can cigarette companies dramatically increased their are substantially related to accomplishing the reduce the motivation to quit smoking entirely advertising and promotional spending in ways public health goals of this division. and thereby lead to disease and death. that encourage youth to start smoking subse- (31) The regulations described in paragraph (39) Recent studies have demonstrated that quent to the signing of the Master Settlement (30) will directly and materially advance the there has been no reduction in risk on a popu- Agreement in 1998. USA v. Philip Morris, USA, Federal Government’s substantial interest in re- lation-wide basis from ‘‘low tar’’ and ‘‘light’’ Inc., et al. (Civil Action No. 99–2496 (GK), Au- ducing the number of children and adolescents cigarettes, and such products may actually in- gust 17, 2006). who use cigarettes and smokeless tobacco and in crease the risk of tobacco use. preventing the life-threatening health con- (40) The dangers of products sold or distrib- (49) In August 2006 a United States district sequences associated with tobacco use. An over- uted as modified risk tobacco products that do court judge found that the major United States whelming majority of Americans who use to- not in fact reduce risk are so high that there is cigarette companies have designed their ciga- bacco products begin using such products while a compelling governmental interest in ensuring rettes to precisely control nicotine delivery levels they are minors and become addicted to the nic- that statements about modified risk tobacco and provide doses of nicotine sufficient to create otine in those products before reaching the age products are complete, accurate, and relate to and sustain addiction while also concealing of 18. Tobacco advertising and promotion play a the overall disease risk of the product. much of their nicotine-related research. USA v. crucial role in the decision of these minors to (41) As the Federal Trade Commission has Philip Morris, USA, Inc., et al. (Civil Action No. begin using tobacco products. Less restrictive found, consumers have misinterpreted advertise- 99–2496 (GK), August 17, 2006). and less comprehensive approaches have not ments in which one product is claimed to be less SEC. 3. PURPOSE. and will not be effective in reducing the prob- harmful than a comparable product, even in the The purposes of this division are— lems addressed by such regulations. The reason- presence of disclosures and advisories intended (1) to provide authority to the Food and Drug able restrictions on the advertising and pro- to provide clarification. Administration to regulate tobacco products

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.015 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6632 CONGRESSIONAL RECORD — HOUSE June 12, 2009 under the Federal Food, Drug, and Cosmetic made by this division) that begin on the date of bacco used, tar content, nicotine content, fla- Act (21 U.S.C. 301 et seq.), by recognizing it as enactment of this Act, within which the Sec- voring used, size, filtration, packaging, logo, the primary Federal regulatory authority with retary of Health and Human Services is required registered trademark, brand name, identifiable respect to the manufacture, marketing, and dis- to carry out and complete specified activities, pattern of colors, or any combination of such at- tribution of tobacco products as provided for in the calculation of such time periods shall com- tributes. this division; mence on the date described in subsection (b). ‘‘(3) CIGARETTE.—The term ‘cigarette’— (2) to ensure that the Food and Drug Admin- (2) LIMITATION.—Subsection (a) shall only ‘‘(A) means a product that— istration has the authority to address issues of apply with respect to obligations of the Sec- ‘‘(i) is a tobacco product; and particular concern to public health officials, es- retary of Health and Human Services that must ‘‘(ii) meets the definition of the term ‘ciga- pecially the use of tobacco by young people and be completed within a specified time period and rette’ in section 3(1) of the Federal Cigarette La- dependence on tobacco; shall not apply to the obligations of any other beling and Advertising Act; and (3) to authorize the Food and Drug Adminis- person or to any other provision of this division ‘‘(B) includes tobacco, in any form, that is tration to set national standards controlling the (including the amendments made by this divi- functional in the product, which, because of its manufacture of tobacco products and the iden- sion) that do not create such obligations of the appearance, the type of tobacco used in the tity, public disclosure, and amount of ingredi- Secretary and are not contingent on actions by filler, or its packaging and labeling, is likely to ents used in such products; the Secretary. be offered to, or purchased by, consumers as a (4) to provide new and flexible enforcement (b) DATE DESCRIBED.—The date described in cigarette or as roll-your-own tobacco. ‘‘(4) CIGARETTE TOBACCO.—The term ‘cigarette authority to ensure that there is effective over- this subsection is the first day of the first fiscal tobacco’ means any product that consists of sight of the tobacco industry’s efforts to de- quarter following the initial 2 consecutive fiscal loose tobacco that is intended for use by con- velop, introduce, and promote less harmful to- quarters of fiscal year 2010 for which the Sec- sumers in a cigarette. Unless otherwise stated, bacco products; retary of Health and Human Services has col- (5) to vest the Food and Drug Administration lected fees under section 919 of the Federal the requirements applicable to cigarettes under with the authority to regulate the levels of tar, Food, Drug, and Cosmetic Act (as added by sec- this chapter shall also apply to cigarette to- nicotine, and other harmful components of to- tion 101). bacco. ‘‘(5) COMMERCE.—The term ‘commerce’ has bacco products; (c) EXCEPTION.—Subsection (a) shall not the meaning given that term by section 3(2) of (6) in order to ensure that consumers are bet- apply to any time period (or date) contained— the Federal Cigarette Labeling and Advertising ter informed, to require tobacco product manu- (1) in section 102, except that the reference to Act. facturers to disclose research which has not pre- ‘‘180 days’’ in subsection (a)(1) of such section ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The viously been made available, as well as research shall be deemed to be ‘‘270 days’’; and (2) in sections 201 through 204 (or the amend- term ‘counterfeit tobacco product’ means a to- generated in the future, relating to the health bacco product (or the container or labeling of and dependency effects or safety of tobacco ments made by any such sections). (d) ADJUSTMENT.—The Secretary of Health such a product) that, without authorization, products; bears the trademark, trade name, or other iden- (7) to continue to permit the sale of tobacco and Human Services may extend or reduce the tifying mark, imprint, or device, or any likeness products to adults in conjunction with measures duration of one or more time periods to which thereof, of a tobacco product listed in a registra- to ensure that they are not sold or accessible to subsection (a) applies if the Secretary deter- tion under section 905(i)(1). underage purchasers; mines appropriate, except that no such period shall be extended for more than 90 days. ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ as (8) to impose appropriate regulatory controls regards a tobacco product means any person TITLE I—AUTHORITY OF THE FOOD AND on the tobacco industry; who furthers the distribution of a tobacco prod- DRUG ADMINISTRATION (9) to promote cessation to reduce disease risk uct, whether domestic or imported, at any point and the social costs associated with tobacco-re- SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, from the original place of manufacture to the AND COSMETIC ACT. lated diseases; and person who sells or distributes the product to in- (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- (10) to strengthen legislation against illicit dividuals for personal consumption. Common tion 201 of the Federal Food, Drug, and Cos- trade in tobacco products. carriers are not considered distributors for pur- metic Act (21 U.S.C. 321) is amended by adding SEC. 4. SCOPE AND EFFECT. poses of this chapter. at the end the following: (a) INTENDED EFFECT.—Nothing in this divi- ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ ‘‘(rr)(1) The term ‘tobacco product’ means any sion (or an amendment made by this division) means any practice or conduct prohibited by product made or derived from tobacco that is in- shall be construed to— law which relates to production, shipment, re- tended for human consumption, including any (1) establish a precedent with regard to any ceipt, possession, distribution, sale, or purchase component, part, or accessory of a tobacco prod- other industry, situation, circumstance, or legal of tobacco products including any practice or uct (except for raw materials other than tobacco action; or conduct intended to facilitate such activity. used in manufacturing a component, part, or (2) affect any action pending in Federal, ‘‘(9) INDIAN COUNTRY.—The term ‘Indian State, or tribal court, or any agreement, consent accessory of a tobacco product). country’ has the meaning given such term in ‘‘(2) The term ‘tobacco product’ does not mean decree, or contract of any kind. section 1151 of title 18, United States Code. an article that is a drug under subsection (g)(1), (b) AGRICULTURAL ACTIVITIES.—The provi- ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’ sions of this division (or an amendment made by a device under subsection (h), or a combination has the meaning given such term in section 4(e) this division) which authorize the Secretary to product described in section 503(g). of the Indian Self-Determination and Education ‘‘(3) The products described in paragraph (2) take certain actions with regard to tobacco and Assistance Act. shall be subject to chapter V of this Act. ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ tobacco products shall not be construed to affect ‘‘(4) A tobacco product shall not be marketed means a product that— any authority of the Secretary of Agriculture in combination with any other article or product under existing law regarding the growing, cul- ‘‘(A) is a tobacco product; and regulated under this Act (including a drug, bio- ‘‘(B) meets the definition of the term ‘little tivation, or curing of raw tobacco. logic, food, cosmetic, medical device, or a die- (c) REVENUE ACTIVITIES.—The provisions of cigar’ in section 3(7) of the Federal Cigarette tary supplement).’’. Labeling and Advertising Act. this division (or an amendment made by this di- (b) FDA AUTHORITY OVER TOBACCO PROD- vision) which authorize the Secretary to take ‘‘(12) NICOTINE.—The term ‘nicotine’ means UCTS.—The Federal Food, Drug, and Cosmetic the chemical substance named 3-(1-Methyl-2- certain actions with regard to tobacco products Act (21 U.S.C. 301 et seq.) is amended— shall not be construed to affect any authority of pyrrolidinyl) pyridine or C[10]H[14]N[2], includ- (1) by redesignating chapter IX as chapter X; ing any salt or complex of nicotine. the Secretary of the Treasury under chapter 52 (2) by redesignating sections 901 through 910 of the Internal Revenue Code of 1986. ‘‘(13) PACKAGE.—The term ‘package’ means a as sections 1001 through 1010; and pack, box, carton, or container of any kind or, (3) by inserting after chapter VIII the fol- SEC. 5. SEVERABILITY. if no other container, any wrapping (including lowing: If any provision of this division, of the cellophane), in which a tobacco product is of- amendments made by this division, or of the reg- ‘‘CHAPTER IX—TOBACCO PRODUCTS fered for sale, sold, or otherwise distributed to ulations promulgated under this division (or ‘‘SEC. 900. DEFINITIONS. consumers. under such amendments), or the application of ‘‘In this chapter: ‘‘(14) RETAILER.—The term ‘retailer’ means any such provision to any person or cir- ‘‘(1) ADDITIVE.—The term ‘additive’ means any person, government, or entity who sells to- cumstance is held to be invalid, the remainder of any substance the intended use of which results bacco products to individuals for personal con- this division, such amendments and such regu- or may reasonably be expected to result, directly sumption, or who operates a facility where self- lations, and the application of such provisions or indirectly, in its becoming a component or service displays of tobacco products are per- to any other person or circumstance shall not be otherwise affecting the characteristic of any to- mitted. affected and shall continue to be enforced to the bacco product (including any substances in- ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term fullest extent possible. tended for use as a flavoring or coloring or in ‘roll-your-own tobacco’ means any tobacco SEC. 6. MODIFICATION OF DEADLINES FOR SEC- producing, manufacturing, packing, processing, product which, because of its appearance, type, RETARIAL ACTION. preparing, treating, packaging, transporting, or packaging, or labeling, is suitable for use and (a) DELAYED COMMENCEMENT OF DATES FOR holding), except that such term does not include likely to be offered to, or purchased by, con- SECRETARIAL ACTION.— tobacco or a pesticide chemical residue in or on sumers as tobacco for making cigarettes. (1) IN GENERAL.—Except as provided in sub- raw tobacco or a pesticide chemical. ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- section (c), with respect to any time periods ‘‘(2) BRAND.—The term ‘brand’ means a vari- TURER.—The term ‘small tobacco product manu- specified in this division (or in an amendment ety of tobacco product distinguished by the to- facturer’ means a tobacco product manufacturer

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that employs fewer than 350 employees. For pur- ‘‘(1) IN GENERAL.—Nothing in this chapter, or such manufacturer or importer pursuant to sec- poses of determining the number of employees of any policy issued or regulation promulgated tion 919 by the date specified in section 919 or by a manufacturer under the preceding sentence, thereunder, or in sections 101(a), 102, or 103 of the 30th day after final agency action on a reso- the employees of a manufacturer are deemed to title I, title II, or title III of the Family Smoking lution of any dispute as to the amount of such include the employees of each entity that con- Prevention and Tobacco Control Act, shall be fee; trols, is controlled by, or is under common con- construed to affect, expand, or limit the Sec- ‘‘(5) it is, or purports to be or is represented trol with such manufacturer. retary’s authority over (including the authority as, a tobacco product which is subject to a to- ‘‘(17) SMOKE CONSTITUENT.—The term ‘smoke to determine whether products may be regu- bacco product standard established under sec- constituent’ means any chemical or chemical lated), or the regulation of, products under this tion 907 unless such tobacco product is in all re- compound in mainstream or sidestream tobacco Act that are not tobacco products under chapter spects in conformity with such standard; smoke that either transfers from any component V or any other chapter. ‘‘(6)(A) it is required by section 910(a) to have of the cigarette to the smoke or that is formed by ‘‘(2) LIMITATION OF AUTHORITY.— premarket review and does not have an order in the combustion or heating of tobacco, additives, ‘‘(A) IN GENERAL.—The provisions of this effect under section 910(c)(1)(A)(i); or or other component of the tobacco product. chapter shall not apply to tobacco leaf that is ‘‘(B) it is in violation of an order under sec- ‘‘(18) SMOKELESS TOBACCO.—The term ‘smoke- not in the possession of a manufacturer of to- tion 910(c)(1)(A); less tobacco’ means any tobacco product that bacco products, or to the producers of tobacco ‘‘(7) the methods used in, or the facilities or consists of cut, ground, powdered, or leaf to- leaf, including tobacco growers, tobacco ware- controls used for, its manufacture, packing, or bacco and that is intended to be placed in the houses, and tobacco grower cooperatives, nor storage are not in conformity with applicable re- oral or nasal cavity. shall any employee of the Food and Drug Ad- quirements under section 906(e)(1) or an appli- ‘‘(19) STATE; TERRITORY.—The terms ‘State’ ministration have any authority to enter onto a cable condition prescribed by an order under and ‘Territory’ shall have the meanings given to farm owned by a producer of tobacco leaf with- section 906(e)(2); or such terms in section 201. out the written consent of such producer. ‘‘(8) it is in violation of section 911. ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— ‘‘(B) EXCEPTION.—Notwithstanding subpara- ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. The term ‘tobacco product manufacturer’ means graph (A), if a producer of tobacco leaf is also ‘‘(a) IN GENERAL.—A tobacco product shall be any person, including any repacker or relabeler, a tobacco product manufacturer or controlled by deemed to be misbranded— who— a tobacco product manufacturer, the producer ‘‘(1) if its labeling is false or misleading in any ‘‘(A) manufactures, fabricates, assembles, shall be subject to this chapter in the producer’s particular; processes, or labels a tobacco product; or capacity as a manufacturer. The exception in ‘‘(2) if in package form unless it bears a label ‘‘(B) imports a finished tobacco product for this subparagraph shall not apply to a producer containing— sale or distribution in the United States. of tobacco leaf who grows tobacco under a con- ‘‘(A) the name and place of business of the to- ‘‘(21) TOBACCO WAREHOUSE.— tract with a tobacco product manufacturer and bacco product manufacturer, packer, or dis- ‘‘(A) Subject to subparagraphs (B) and (C), who is not otherwise engaged in the manufac- tributor; the term ‘tobacco warehouse’ includes any per- turing process. ‘‘(B) an accurate statement of the quantity of son— ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this the contents in terms of weight, measure, or nu- ‘‘(i) who— chapter shall be construed to grant the Sec- ‘‘(I) removes foreign material from tobacco merical count; retary authority to promulgate regulations on ‘‘(C) an accurate statement of the percentage leaf through nothing other than a mechanical any matter that involves the production of to- process; of the tobacco used in the product that is domes- bacco leaf or a producer thereof, other than ac- tically grown tobacco and the percentage that is ‘‘(II) humidifies tobacco leaf with nothing tivities by a manufacturer affecting production. other than potable water in the form of steam or foreign grown tobacco; and ‘‘(d) RULEMAKING PROCEDURES.—Each rule- ‘‘(D) the statement required under section mist; or making under this chapter shall be in accord- ‘‘(III) de-stems, dries, and packs tobacco leaf 920(a), ance with chapter 5 of title 5, United States for storage and shipment; except that under subparagraph (B) reasonable Code. This subsection shall not be construed to ‘‘(ii) who performs no other actions with re- variations shall be permitted, and exemptions as affect the rulemaking provisions of section spect to tobacco leaf; and to small packages shall be established, by regu- 102(a) of the Family Smoking Prevention and ‘‘(iii) who provides to any manufacturer to lations prescribed by the Secretary; Tobacco Control Act. whom the person sells tobacco all information ‘‘(3) if any word, statement, or other informa- ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not related to the person’s actions described in tion required by or under authority of this later than 90 days after the date of enactment of clause (i) that is necessary for compliance with chapter to appear on the label or labeling is not the Family Smoking Prevention and Tobacco this Act. prominently placed thereon with such conspicu- Control Act, the Secretary shall establish within ‘‘(B) The term ‘tobacco warehouse’ excludes ousness (as compared with other words, state- the Food and Drug Administration the Center any person who— ments, or designs in the labeling) and in such ‘‘(i) reconstitutes tobacco leaf; for Tobacco Products, which shall report to the terms as to render it likely to be read and under- ‘‘(ii) is a manufacturer, distributor, or retailer Commissioner of Food and Drugs in the same stood by the ordinary individual under cus- of a tobacco product; or manner as the other agency centers within the tomary conditions of purchase and use; ‘‘(iii) applies any chemical, additive, or sub- Food and Drug Administration. The Center ‘‘(4) if it has an established name, unless its stance to the tobacco leaf other than potable shall be responsible for the implementation of label bears, to the exclusion of any other non- water in the form of steam or mist. this chapter and related matters assigned by the proprietary name, its established name promi- ‘‘(C) The definition of the term ‘tobacco ware- Commissioner. nently printed in type as required by the Sec- house’ in subparagraph (A) shall not apply to ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO PROD- retary by regulation; the extent to which the Secretary determines, UCT MANUFACTURERS.—The Secretary shall es- ‘‘(5) if the Secretary has issued regulations re- through rulemaking, that regulation under this tablish within the Food and Drug Administra- quiring that its labeling bear adequate direc- chapter of the actions described in such sub- tion an identifiable office to provide technical tions for use, or adequate warnings against use paragraph is appropriate for the protection of and other nonfinancial assistance to small to- by children, that are necessary for the protec- the public health. bacco product manufacturers to assist them in tion of users unless its labeling conforms in all ‘‘(22) UNITED STATES.—The term ‘United complying with the requirements of this Act. respects to such regulations; States’ means the 50 States of the United States ‘‘(g) CONSULTATION PRIOR TO RULEMAKING.— ‘‘(6) if it was manufactured, prepared, propa- of America and the District of Columbia, the Prior to promulgating rules under this chapter, gated, compounded, or processed in an estab- Commonwealth of Puerto Rico, Guam, the Vir- the Secretary shall endeavor to consult with lishment not duly registered under section gin Islands, American Samoa, Wake Island, other Federal agencies as appropriate. 905(b), 905(c), 905(d), or 905(h), if it was not in- Midway Islands, Kingman Reef, Johnston Atoll, ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. cluded in a list required by section 905(i), if a the Northern Mariana Islands, and any other ‘‘A tobacco product shall be deemed to be notice or other information respecting it was not trust territory or possession of the United adulterated if— provided as required by such section or section States. ‘‘(1) it consists in whole or in part of any 905(j), or if it does not bear such symbols from ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO PROD- filthy, putrid, or decomposed substance, or is the uniform system for identification of tobacco UCTS. otherwise contaminated by any added poisonous products prescribed under section 905(e) as the ‘‘(a) IN GENERAL.—Tobacco products, includ- or added deleterious substance that may render Secretary by regulation requires; ing modified risk tobacco products for which an the product injurious to health; ‘‘(7) if, in the case of any tobacco product dis- order has been issued in accordance with section ‘‘(2) it has been prepared, packed, or held tributed or offered for sale in any State— 911, shall be regulated by the Secretary under under insanitary conditions whereby it may ‘‘(A) its advertising is false or misleading in this chapter and shall not be subject to the pro- have been contaminated with filth, or whereby any particular; or visions of chapter V. it may have been rendered injurious to health; ‘‘(B) it is sold or distributed in violation of ‘‘(b) APPLICABILITY.—This chapter shall apply ‘‘(3) its package is composed, in whole or in regulations prescribed under section 906(d); to all cigarettes, cigarette tobacco, roll-your- part, of any poisonous or deleterious substance ‘‘(8) unless, in the case of any tobacco product own tobacco, and smokeless tobacco and to any which may render the contents injurious to distributed or offered for sale in any State, the other tobacco products that the Secretary by health; manufacturer, packer, or distributor thereof in- regulation deems to be subject to this chapter. ‘‘(4) the manufacturer or importer of the to- cludes in all advertisements and other descrip- ‘‘(c) SCOPE.— bacco product fails to pay a user fee assessed to tive printed matter issued or caused to be issued

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The Secretary shall pub- printed prominently; and their constituents (including smoke constitu- lish a public notice requesting the submission by ‘‘(B) a brief statement of— ents), ingredients, components, and additives. interested persons of scientific and other infor- ‘‘(i) the uses of the tobacco product and rel- ‘‘(b) DATA SUBMISSION.—At the request of the mation concerning the harmful and potentially evant warnings, precautions, side effects, and Secretary, each tobacco product manufacturer harmful constituents in tobacco products and contraindications; and or importer of tobacco products, or agents there- tobacco smoke. ‘‘(ii) in the case of specific tobacco products of, shall submit the following: made subject to a finding by the Secretary after ‘‘SEC. 905. ANNUAL REGISTRATION. ‘‘(1) Any or all documents (including under- ‘‘(a) DEFINITIONS.—In this section: notice and opportunity for comment that such lying scientific information) relating to research action is appropriate to protect the public ‘‘(1) MANUFACTURE, PREPARATION, activities, and research findings, conducted, COMPOUNDING, OR PROCESSING.—The term ‘man- health, a full description of the components of supported, or possessed by the manufacturer (or such tobacco product or the formula showing ufacture, preparation, compounding, or proc- agents thereof) on the health, toxicological, be- essing’ shall include repackaging or otherwise quantitatively each ingredient of such tobacco havioral, or physiologic effects of tobacco prod- product to the extent required in regulations changing the container, wrapper, or labeling of ucts and their constituents (including smoke any tobacco product package in furtherance of which shall be issued by the Secretary after an constituents), ingredients, components, and ad- opportunity for a hearing; the distribution of the tobacco product from the ditives. ‘‘(9) if it is a tobacco product subject to a to- original place of manufacture to the person who ‘‘(2) Any or all documents (including under- bacco product standard established under sec- makes final delivery or sale to the ultimate con- lying scientific information) relating to research tion 907, unless it bears such labeling as may be sumer or user. activities, and research findings, conducted, prescribed in such tobacco product standard; or ‘‘(2) NAME.—The term ‘name’ shall include in ‘‘(10) if there was a failure or refusal— supported, or possessed by the manufacturer (or the case of a partnership the name of each part- ‘‘(A) to comply with any requirement pre- agents thereof) that relate to the issue of wheth- ner and, in the case of a corporation, the name scribed under section 904 or 908; or er a reduction in risk to health from tobacco of each corporate officer and director, and the ‘‘(B) to furnish any material or information products can occur upon the employment of State of incorporation. technology available or known to the manufac- required under section 909. ‘‘(b) REGISTRATION BY OWNERS AND OPERA- ‘‘(b) PRIOR APPROVAL OF LABEL STATE- turer. TORS.—On or before December 31 of each year, ‘‘(3) Any or all documents (including under- MENTS.—The Secretary may, by regulation, re- every person who owns or operates any estab- lying scientific or financial information) relat- quire prior approval of statements made on the lishment in any State engaged in the manufac- ing to marketing research involving the use of label of a tobacco product to ensure that such ture, preparation, compounding, or processing statements do not violate the misbranding provi- tobacco products or marketing practices and the of a tobacco product or tobacco products shall sions of subsection (a) and that such statements effectiveness of such practices used by tobacco register with the Secretary the name, places of comply with other provisions of the Family manufacturers and distributors. business, and all such establishments of that Smoking Prevention and Tobacco Control Act An importer of a tobacco product not manufac- person. If enactment of the Family Smoking (including the amendments made by such Act). tured in the United States shall supply the in- Prevention and Tobacco Control Act occurs in No regulation issued under this subsection may formation required of a tobacco product manu- the second half of the calendar year, the Sec- require prior approval by the Secretary of the facturer under this subsection. retary shall designate a date no later than 6 content of any advertisement, except for modi- ‘‘(c) TIME FOR SUBMISSION.— months into the subsequent calendar year by fied risk tobacco products as provided in section ‘‘(1) IN GENERAL.—At least 90 days prior to the which registration pursuant to this subsection 911. No advertisement of a tobacco product pub- delivery for introduction into interstate com- shall occur. lished after the date of enactment of the Family merce of a tobacco product not on the market on ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- Smoking Prevention and Tobacco Control Act the date of enactment of the Family Smoking ERATORS.—Every person upon first engaging in shall, with respect to the language of label Prevention and Tobacco Control Act, the manu- the manufacture, preparation, compounding, or statements as prescribed under section 4 of the facturer of such product shall provide the infor- processing of a tobacco product or tobacco prod- Federal Cigarette Labeling and Advertising Act mation required under subsection (a). ucts in any establishment owned or operated in and section 3 of the Comprehensive Smokeless ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any time any State by that person shall immediately reg- Tobacco Health Education Act of 1986 or the a tobacco product manufacturer adds to its to- ister with the Secretary that person’s name, regulations issued under such sections, be sub- bacco products a new tobacco additive or in- place of business, and such establishment. ject to the provisions of sections 12 through 15 of creases the quantity of an existing tobacco addi- ‘‘(d) REGISTRATION OF ADDED ESTABLISH- the Federal Trade Commission Act. tive, the manufacturer shall, except as provided in paragraph (3), at least 90 days prior to such MENTS.—Every person required to register under ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- subsection (b) or (c) shall immediately register TION TO THE SECRETARY. action so advise the Secretary in writing. with the Secretary any additional establishment ‘‘(a) REQUIREMENT.—Each tobacco product ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at manufacturer or importer, or agents thereof, any time a tobacco product manufacturer elimi- which that person owns or operates in any State shall submit to the Secretary the following in- nates or decreases an existing additive, or adds and in which that person begins the manufac- formation: or increases an additive that has by regulation ture, preparation, compounding, or processing ‘‘(1) Not later than 6 months after the date of been designated by the Secretary as an additive of a tobacco product or tobacco products. enactment of the Family Smoking Prevention that is not a human or animal carcinogen, or ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- and Tobacco Control Act, a listing of all ingre- otherwise harmful to health under intended TEM.—The Secretary may by regulation pre- dients, including tobacco, substances, com- conditions of use, the manufacturer shall within scribe a uniform system for the identification of pounds, and additives that are, as of such date, 60 days of such action so advise the Secretary in tobacco products and may require that persons added by the manufacturer to the tobacco, writing. who are required to list such tobacco products paper, filter, or other part of each tobacco prod- ‘‘(d) DATA LIST.— under subsection (i) shall list such tobacco prod- uct by brand and by quantity in each brand ‘‘(1) IN GENERAL.—Not later than 3 years after ucts in accordance with such system. and subbrand. the date of enactment of the Family Smoking ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- ‘‘(2) A description of the content, delivery, Prevention and Tobacco Control Act, and annu- MATION.—The Secretary shall make available for and form of nicotine in each tobacco product ally thereafter, the Secretary shall publish in a inspection, to any person so requesting, any reg- measured in milligrams of nicotine in accord- format that is understandable and not mis- istration filed under this section. ance with regulations promulgated by the Sec- leading to a lay person, and place on public dis- ‘‘(g) BIENNIAL INSPECTION OF REGISTERED ES- retary in accordance with section 4(e) of the play (in a manner determined by the Secretary) TABLISHMENTS.—Every establishment registered Federal Cigarette Labeling and Advertising Act. the list established under subsection (e). with the Secretary under this section shall be ‘‘(3) Beginning 3 years after the date of enact- ‘‘(2) CONSUMER RESEARCH.—The Secretary subject to inspection under section 704 or sub- ment of the Family Smoking Prevention and To- shall conduct periodic consumer research to en- section (h), and every such establishment en- bacco Control Act, a listing of all constituents, sure that the list published under paragraph (1) gaged in the manufacture, compounding, or including smoke constituents as applicable, is not misleading to lay persons. Not later than processing of a tobacco product or tobacco prod- identified by the Secretary as harmful or poten- 5 years after the date of enactment of the Fam- ucts shall be so inspected by 1 or more officers tially harmful to health in each tobacco prod- ily Smoking Prevention and Tobacco Control or employees duly designated by the Secretary uct, and as applicable in the smoke of each to- Act, the Secretary shall submit to the appro- at least once in the 2-year period beginning with bacco product, by brand and by quantity in priate committees of Congress a report on the re- the date of registration of such establishment each brand and subbrand. Effective beginning 3 sults of such research, together with rec- under this section and at least once in every years after such date of enactment, the manu- ommendations on whether such publication successive 2-year period thereafter. facturer, importer, or agent shall comply with should be continued or modified. ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- regulations promulgated under section 915 in re- ‘‘(e) DATA COLLECTION.—Not later than 24 MENTS.—Any establishment within any foreign porting information under this paragraph, months after the date of enactment of the Fam- country engaged in the manufacture, prepara- where applicable. ily Smoking Prevention and Tobacco Control tion, compounding, or processing of a tobacco ‘‘(4) Beginning 6 months after the date of en- Act, the Secretary shall establish, and periodi- product or tobacco products, shall register under actment of the Family Smoking Prevention and cally revise as appropriate, a list of harmful and this section under regulations promulgated by

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Such regulations shall require commercial distribution of the tobacco product the requirement to the tobacco product has been such establishment to provide the information with respect to which such notice of discontinu- changed by action taken under section 907, sec- required by subsection (i) and shall include pro- ance was reported, notice of such resumption, tion 910, section 911, or subsection (d) of this visions for registration of any such establish- the date of such resumption, the identity of section, and any requirement established by or ment upon condition that adequate and effec- such tobacco product by established name, and under section 902, 903, 905, or 909 which is in- tive means are available, by arrangement with other information required by paragraph (1), consistent with a requirement imposed on such the government of such foreign country or oth- unless the registrant has previously reported tobacco product under section 907, section 910, erwise, to enable the Secretary to determine such resumption to the Secretary under this section 911, or subsection (d) of this section shall from time to time whether tobacco products subparagraph. not apply to such tobacco product. manufactured, prepared, compounded, or proc- ‘‘(D) Any material change in any information ‘‘(b) INFORMATION ON PUBLIC ACCESS AND essed in such establishment, if imported or of- previously submitted under this paragraph or COMMENT.—Each notice of proposed rulemaking fered for import into the United States, shall be paragraph (1). or other notification under section 907, 908, 909, refused admission on any of the grounds set ‘‘(j) REPORT PRECEDING INTRODUCTION OF 910, or 911 or under this section, any other no- forth in section 801(a). CERTAIN SUBSTANTIALLY EQUIVALENT PRODUCTS tice which is published in the Federal Register ‘‘(i) REGISTRATION INFORMATION.— INTO INTERSTATE COMMERCE.— with respect to any other action taken under ‘‘(1) PRODUCT LIST.—Every person who reg- ‘‘(1) IN GENERAL.—Each person who is re- any such section and which states the reasons isters with the Secretary under subsection (b), quired to register under this section and who for such action, and each publication of find- (c), (d), or (h) shall, at the time of registration proposes to begin the introduction or delivery ings required to be made in connection with under any such subsection, file with the Sec- for introduction into interstate commerce for rulemaking under any such section shall set retary a list of all tobacco products which are commercial distribution of a tobacco product in- forth— being manufactured, prepared, compounded, or tended for human use that was not commer- ‘‘(1) the manner in which interested persons processed by that person for commercial dis- cially marketed (other than for test marketing) may examine data and other information on tribution and which have not been included in in the United States as of February 15, 2007, which the notice or findings is based; and any list of tobacco products filed by that person shall, at least 90 days prior to making such in- ‘‘(2) the period within which interested per- with the Secretary under this paragraph or troduction or delivery, report to the Secretary sons may present their comments on the notice paragraph (2) before such time of registration. (in such form and manner as the Secretary shall or findings (including the need therefore) orally Such list shall be prepared in such form and prescribe)— or in writing, which period shall be at least 60 days but may not exceed 90 days unless the time manner as the Secretary may prescribe and shall ‘‘(A) the basis for such person’s determination is extended by the Secretary by a notice pub- be accompanied by— that— ‘‘(A) in the case of a tobacco product con- ‘‘(i) the tobacco product is substantially lished in the Federal Register stating good cause tained in the applicable list with respect to equivalent, within the meaning of section 910, to therefore. ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- which a tobacco product standard has been es- a tobacco product commercially marketed (other TION.—Any information reported to or otherwise tablished under section 907 or which is subject than for test marketing) in the United States as obtained by the Secretary or the Secretary’s rep- to section 910, a reference to the authority for of February 15, 2007, or to a tobacco product resentative under section 903, 904, 907, 908, 909, the marketing of such tobacco product and a that the Secretary has previously determined, 910, 911, or 704, or under subsection (e) or (f) of copy of all labeling for such tobacco product; pursuant to subsection (a)(3) of section 910, is this section, which is exempt from disclosure ‘‘(B) in the case of any other tobacco product substantially equivalent and that is in compli- under subsection (a) of section 552 of title 5, contained in an applicable list, a copy of all ance with the requirements of this Act; or United States Code, by reason of subsection consumer information and other labeling for ‘‘(ii) the tobacco product is modified within (b)(4) of that section shall be considered con- such tobacco product, a representative sampling the meaning of paragraph (3), the modifications fidential and shall not be disclosed, except that of advertisements for such tobacco product, and, are to a product that is commercially marketed the information may be disclosed to other offi- upon request made by the Secretary for good and in compliance with the requirements of this cers or employees concerned with carrying out cause, a copy of all advertisements for a par- Act, and all of the modifications are covered by this chapter, or when relevant in any pro- ticular tobacco product; and exemptions granted by the Secretary pursuant ‘‘(C) if the registrant filing a list has deter- to paragraph (3); and ceeding under this chapter. ‘‘(d) RESTRICTIONS.— mined that a tobacco product contained in such ‘‘(B) action taken by such person to comply ‘‘(1) IN GENERAL.—The Secretary may by regu- with the requirements under section 907 that are list is not subject to a tobacco product standard lation require restrictions on the sale and dis- applicable to the tobacco product. established under section 907, a brief statement tribution of a tobacco product, including restric- ‘‘(2) APPLICATION TO CERTAIN POST-FEBRUARY of the basis upon which the registrant made tions on the access to, and the advertising and 15, 2007, PRODUCTS.—A report under this sub- such determination if the Secretary requests promotion of, the tobacco product, if the Sec- section for a tobacco product that was first in- such a statement with respect to that particular retary determines that such regulation would be troduced or delivered for introduction into inter- tobacco product. appropriate for the protection of the public ‘‘(2) CONSULTATION WITH RESPECT TO FORMS.— state commerce for commercial distribution in health. The Secretary may by regulation impose The Secretary shall consult with the Secretary the United States after February 15, 2007, and restrictions on the advertising and promotion of of the Treasury in developing the forms to be prior to the date that is 21 months after the date a tobacco product consistent with and to full ex- used for registration under this section to mini- of enactment of the Family Smoking Prevention tent permitted by the first amendment to the mize the burden on those persons required to and Tobacco Control Act shall be submitted to Constitution. The finding as to whether such register with both the Secretary and the Tax the Secretary not later than 21 months after regulation would be appropriate for the protec- and Trade Bureau of the Department of the such date of enactment. tion of the public health shall be determined Treasury. ‘‘(3) EXEMPTIONS.— with respect to the risks and benefits to the pop- ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN ‘‘(A) IN GENERAL.—The Secretary may exempt ulation as a whole, including users and PRODUCT LIST.—Each person who registers with from the requirements of this subsection relating the Secretary under this section shall report to to the demonstration that a tobacco product is nonusers of the tobacco product, and taking the Secretary once during the month of June of substantially equivalent within the meaning of into account— ‘‘(A) the increased or decreased likelihood each year and once during the month of Decem- section 910, tobacco products that are modified that existing users of tobacco products will stop ber of each year the following: by adding or deleting a tobacco additive, or in- using such products; and ‘‘(A) A list of each tobacco product introduced creasing or decreasing the quantity of an exist- ‘‘(B) the increased or decreased likelihood by the registrant for commercial distribution ing tobacco additive, if the Secretary determines that those who do not use tobacco products will which has not been included in any list pre- that— start using such products. viously filed by that person with the Secretary ‘‘(i) such modification would be a minor modi- No such regulation may require that the sale or under this subparagraph or paragraph (1). A fication of a tobacco product that can be sold distribution of a tobacco product be limited to list under this subparagraph shall list a tobacco under this Act; the written or oral authorization of a practi- product by its established name and shall be ac- ‘‘(ii) a report under this subsection is not nec- tioner licensed by law to prescribe medical prod- companied by the other information required by essary to ensure that permitting the tobacco ucts. paragraph (1). product to be marketed would be appropriate for ‘‘(2) LABEL STATEMENTS.—The label of a to- ‘‘(B) If since the date the registrant last made protection of the public health; and bacco product shall bear such appropriate state- a report under this paragraph that person has ‘‘(iii) an exemption is otherwise appropriate. ments of the restrictions required by a regula- discontinued the manufacture, preparation, ‘‘(B) REGULATIONS.—Not later than 15 months tion under subsection (a) as the Secretary may compounding, or processing for commercial dis- after the date of enactment of the Family Smok- in such regulation prescribe. tribution of a tobacco product included in a list ing Prevention and Tobacco Control Act, the ‘‘(3) LIMITATIONS.— filed under subparagraph (A) or paragraph (1), Secretary shall issue regulations to implement ‘‘(A) IN GENERAL.—No restrictions under para- notice of such discontinuance, the date of such this paragraph. graph (1) may— discontinuance, and the identity of its estab- ‘‘SEC. 906. GENERAL PROVISIONS RESPECTING ‘‘(i) prohibit the sale of any tobacco product lished name. CONTROL OF TOBACCO PRODUCTS. in face-to-face transactions by a specific cat- ‘‘(C) If since the date the registrant reported ‘‘(a) IN GENERAL.—Any requirement estab- egory of retail outlets; or under subparagraph (B) a notice of discontinu- lished by or under section 902, 903, 905, or 909 ‘‘(ii) establish a minimum age of sale of to- ance that person has resumed the manufacture, applicable to a tobacco product shall apply to bacco products to any person older than 18 preparation, compounding, or processing for such tobacco product until the applicability of years of age.

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‘‘(B) MATCHBOOKS.—For purposes of any reg- subparagraph (A) for at least 4 years following Family Smoking Prevention and Tobacco Con- ulations issued by the Secretary, matchbooks of the effective date established by the Secretary trol Act, a cigarette or any of its component conventional size containing not more than 20 for such regulation. parts (including the tobacco, filter, or paper) paper matches, and which are customarily given ‘‘(2) EXEMPTIONS; VARIANCES.— shall not contain, as a constituent (including a away for free with the purchase of tobacco ‘‘(A) PETITION.—Any person subject to any re- smoke constituent) or additive, an artificial or products, shall be considered as adult-written quirement prescribed under paragraph (1) may natural flavor (other than tobacco or menthol) publications which shall be permitted to contain petition the Secretary for a permanent or tem- or an herb or spice, including strawberry, grape, advertising. Notwithstanding the preceding sen- porary exemption or variance from such require- orange, clove, cinnamon, pineapple, vanilla, co- tence, if the Secretary finds that such treatment ment. Such a petition shall be submitted to the conut, licorice, cocoa, chocolate, cherry, or cof- of matchbooks is not appropriate for the protec- Secretary in such form and manner as the Sec- fee, that is a characterizing flavor of the to- tion of the public health, the Secretary may de- retary shall prescribe and shall— bacco product or tobacco smoke. Nothing in this termine by regulation that matchbooks shall not ‘‘(i) in the case of a petition for an exemption subparagraph shall be construed to limit the be considered adult-written publications. from a requirement, set forth the basis for the Secretary’s authority to take action under this ‘‘(4) REMOTE SALES.— petitioner’s determination that compliance with section or other sections of this Act applicable to ‘‘(A) IN GENERAL.—The Secretary shall— the requirement is not required to assure that menthol or any artificial or natural flavor, herb, ‘‘(i) within 18 months after the date of enact- the tobacco product will be in compliance with or spice not specified in this subparagraph. ment of the Family Smoking Prevention and To- this chapter; ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning 2 bacco Control Act, promulgate regulations re- ‘‘(ii) in the case of a petition for a variance years after the date of enactment of the Family garding the sale and distribution of tobacco from a requirement, set forth the methods pro- Smoking Prevention and Tobacco Control Act, a products that occur through means other than a posed to be used in, and the facilities and con- tobacco product manufacturer shall not use to- direct, face-to-face exchange between a retailer trols proposed to be used for, the manufacture, bacco, including foreign grown tobacco, that and a consumer in order to prevent the sale and packing, and storage of the tobacco product in contains a pesticide chemical residue that is at distribution of tobacco products to individuals lieu of the methods, facilities, and controls pre- a level greater than is specified by any tolerance who have not attained the minimum age estab- applicable under Federal law to domestically lished by applicable law for the purchase of scribed by the requirement; and ‘‘(iii) contain such other information as the grown tobacco. such products, including requirements for age ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- verification; and Secretary shall prescribe. ARDS.—The Secretary may revise the tobacco ‘‘(ii) within 2 years after such date of enact- ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS product standards in paragraph (1) in accord- ment, issue regulations to address the promotion SCIENTIFIC ADVISORY COMMITTEE.—The Sec- ance with subsection (c). and marketing of tobacco products that are sold retary may refer to the Tobacco Products Sci- ‘‘(3) TOBACCO PRODUCT STANDARDS.— or distributed through means other than a di- entific Advisory Committee any petition sub- mitted under subparagraph (A). The Tobacco ‘‘(A) IN GENERAL.—The Secretary may adopt rect, face-to-face exchange between a retailer tobacco product standards in addition to those and a consumer in order to protect individuals Products Scientific Advisory Committee shall re- port its recommendations to the Secretary with in paragraph (1) if the Secretary finds that a to- who have not attained the minimum age estab- bacco product standard is appropriate for the lished by applicable law for the purchase of respect to a petition referred to it within 60 days after the date of the petition’s referral. Within protection of the public health. such products. ‘‘(B) DETERMINATIONS.— 60 days after— ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- ‘‘(i) CONSIDERATIONS.—In making a finding ing in this paragraph limits the authority of the ‘‘(i) the date the petition was submitted to the described in subparagraph (A), the Secretary Secretary to take additional actions under the Secretary under subparagraph (A); or shall consider scientific evidence concerning— other paragraphs of this subsection. ‘‘(ii) the day after the petition was referred to ‘‘(I) the risks and benefits to the population ‘‘(e) GOOD MANUFACTURING PRACTICE RE- the Tobacco Products Scientific Advisory Com- as a whole, including users and nonusers of to- QUIREMENTS.— mittee, bacco products, of the proposed standard; ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO whichever occurs later, the Secretary shall by ‘‘(II) the increased or decreased likelihood CONFORM.— order either deny the petition or approve it. that existing users of tobacco products will stop ‘‘(A) IN GENERAL.—In applying manufac- ‘‘(C) APPROVAL.—The Secretary may ap- using such products; and turing restrictions to tobacco, the Secretary prove— ‘‘(III) the increased or decreased likelihood shall, in accordance with subparagraph (B), ‘‘(i) a petition for an exemption for a tobacco that those who do not use tobacco products will prescribe regulations (which may differ based on product from a requirement if the Secretary de- start using such products. the type of tobacco product involved) requiring termines that compliance with such requirement ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the that the methods used in, and the facilities and is not required to assure that the tobacco prod- event that the Secretary makes a determination, controls used for, the manufacture, uct will be in compliance with this chapter; and set forth in a proposed tobacco product stand- preproduction design validation (including a ‘‘(ii) a petition for a variance for a tobacco ard in a proposed rule, that it is appropriate for process to assess the performance of a tobacco product from a requirement if the Secretary de- the protection of public health to require the re- product), packing, and storage of a tobacco termines that the methods to be used in, and the duction or elimination of an additive, con- product conform to current good manufacturing facilities and controls to be used for, the manu- stituent (including a smoke constituent), or practice, or hazard analysis and critical control facture, packing, and storage of the tobacco other component of a tobacco product because point methodology, as prescribed in such regula- product in lieu of the methods, facilities, and the Secretary has found that the additive, con- tions to assure that the public health is pro- controls prescribed by the requirement are suffi- stituent, or other component is or may be harm- tected and that the tobacco product is in compli- cient to assure that the tobacco product will be ful, any party objecting to the proposed stand- ance with this chapter. Such regulations may in compliance with this chapter. ard on the ground that the proposed standard provide for the testing of raw tobacco for pes- ‘‘(D) CONDITIONS.—An order of the Secretary will not reduce or eliminate the risk of illness or ticide chemical residues regardless of whether a approving a petition for a variance shall pre- injury may provide for the Secretary’s consider- tolerance for such chemical residues has been scribe such conditions respecting the methods ation scientific evidence that demonstrates that established. used in, and the facilities and controls used for, the proposed standard will not reduce or elimi- ‘‘(B) REQUIREMENTS.—The Secretary shall— the manufacture, packing, and storage of the nate the risk of illness or injury. ‘‘(i) before promulgating any regulation under tobacco product to be granted the variance ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- subparagraph (A), afford the Tobacco Products under the petition as may be necessary to assure ARDS.—A tobacco product standard established Scientific Advisory Committee an opportunity to that the tobacco product will be in compliance under this section for a tobacco product— submit recommendations with respect to the reg- with this chapter. ‘‘(A) shall include provisions that are appro- ulation proposed to be promulgated; ‘‘(E) HEARING.—After the issuance of an order priate for the protection of the public health, in- ‘‘(ii) before promulgating any regulation under subparagraph (B) respecting a petition, cluding provisions, where appropriate— under subparagraph (A), afford opportunity for the petitioner shall have an opportunity for an ‘‘(i) for nicotine yields of the product; an oral hearing; informal hearing on such order. ‘‘(ii) for the reduction or elimination of other ‘‘(iii) provide the Tobacco Products Scientific ‘‘(3) COMPLIANCE.—Compliance with require- constituents, including smoke constituents, or Advisory Committee a reasonable time to make ments under this subsection shall not be re- harmful components of the product; or its recommendation with respect to proposed quired before the end of the 3-year period fol- ‘‘(iii) relating to any other requirement under regulations under subparagraph (A); lowing the date of enactment of the Family subparagraph (B); ‘‘(iv) in establishing the effective date of a ‘‘(B) shall, where appropriate for the protec- Smoking Prevention and Tobacco Control Act. regulation promulgated under this subsection, tion of the public health, include— take into account the differences in the manner ‘‘(f) RESEARCH AND DEVELOPMENT.—The Sec- ‘‘(i) provisions respecting the construction, in which the different types of tobacco products retary may enter into contracts for research, components, ingredients, additives, constituents, have historically been produced, the financial testing, and demonstrations respecting tobacco including smoke constituents, and properties of resources of the different tobacco product manu- products and may obtain tobacco products for the tobacco product; facturers, and the state of their existing manu- research, testing, and demonstration purposes. ‘‘(ii) provisions for the testing (on a sample facturing facilities, and shall provide for a rea- ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. basis or, if necessary, on an individual basis) of sonable period of time for such manufacturers to ‘‘(a) IN GENERAL.— the tobacco product; conform to good manufacturing practices; and ‘‘(1) SPECIAL RULES.— ‘‘(iii) provisions for the measurement of the to- ‘‘(v) not require any small tobacco product ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Begin- bacco product characteristics of the tobacco manufacturer to comply with a regulation under ning 3 months after the date of enactment of the product;

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‘‘(iv) provisions requiring that the results of porting justification that the tobacco product ‘‘(B) INITIATION OF REFERRAL.—The Secretary each or of certain of the tests of the tobacco standard is no longer appropriate for the protec- may make a referral under this paragraph— product required to be made under clause (ii) tion of the public health. ‘‘(i) on the Secretary’s own initiative; or show that the tobacco product is in conformity ‘‘(4) COMMENT.—The Secretary shall provide ‘‘(ii) upon the request of an interested person with the portions of the standard for which the for a comment period of not less than 60 days. that— test or tests were required; and ‘‘(d) PROMULGATION.— ‘‘(I) demonstrates good cause for the referral; ‘‘(v) a provision requiring that the sale and ‘‘(1) IN GENERAL.—After the expiration of the and distribution of the tobacco product be restricted period for comment on a notice of proposed rule- ‘‘(II) is made before the expiration of the pe- but only to the extent that the sale and distribu- making published under subsection (c) respect- riod for submission of comments on the proposed tion of a tobacco product may be restricted ing a tobacco product standard and after con- regulation. under a regulation under section 906(d); sideration of comments submitted under sub- ‘‘(C) PROVISION OF DATA.—If a proposed regu- ‘‘(C) shall, where appropriate, require the use sections (b) and (c) and any report from the To- lation is referred under this paragraph to the and prescribe the form and content of labeling bacco Products Scientific Advisory Committee, Tobacco Products Scientific Advisory Com- for the proper use of the tobacco product; and the Secretary shall— mittee, the Secretary shall provide the Advisory ‘‘(D) shall require tobacco products con- ‘‘(A) if the Secretary determines that the Committee with the data and information on taining foreign-grown tobacco to meet the same standard would be appropriate for the protec- which such proposed regulation is based. standards applicable to tobacco products con- tion of the public health, promulgate a regula- ‘‘(D) REPORT AND RECOMMENDATION.—The taining domestically grown tobacco. tion establishing a tobacco product standard Tobacco Products Scientific Advisory Committee ‘‘(5) PERIODIC REEVALUATION OF TOBACCO and publish in the Federal Register findings on shall, within 60 days after the referral of a pro- PRODUCT STANDARDS.—The Secretary shall pro- the matters referred to in subsection (c); or posed regulation under this paragraph and after vide for periodic evaluation of tobacco product ‘‘(B) publish a notice terminating the pro- independent study of the data and information standards established under this section to de- ceeding for the development of the standard to- furnished to it by the Secretary and other data termine whether such standards should be gether with the reasons for such termination. and information before it, submit to the Sec- changed to reflect new medical, scientific, or ‘‘(2) EFFECTIVE DATE.—A regulation estab- retary a report and recommendation respecting other technological data. The Secretary may lishing a tobacco product standard shall set such regulation, together with all underlying provide for testing under paragraph (4)(B) by forth the date or dates upon which the standard data and information and a statement of the any person. shall take effect, but no such regulation may reason or basis for the recommendation. ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- take effect before 1 year after the date of its ‘‘(E) PUBLIC AVAILABILITY.—The Secretary FORMED PERSONS.—In carrying out duties under publication unless the Secretary determines that shall make a copy of each report and rec- this section, the Secretary shall endeavor to— an earlier effective date is necessary for the pro- ommendation under subparagraph (D) publicly ‘‘(A) use personnel, facilities, and other tech- tection of the public health. Such date or dates available. nical support available in other Federal agen- shall be established so as to minimize, consistent ‘‘(e) MENTHOL CIGARETTES.— cies; with the public health, economic loss to, and ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- ‘‘(B) consult with other Federal agencies con- disruption or dislocation of, domestic and inter- diately upon the establishment of the Tobacco cerned with standard setting and other nation- national trade. In establishing such effective Products Scientific Advisory Committee under ally or internationally recognized standard-set- date or dates, the Secretary shall consider infor- section 917(a), the Secretary shall refer to the ting entities; and mation submitted in connection with a proposed Committee for report and recommendation, ‘‘(C) invite appropriate participation, through product standard by interested parties, includ- under section 917(c)(4), the issue of the impact joint or other conferences, workshops, or other ing manufacturers and tobacco growers, regard- of the use of menthol in cigarettes on the public means, by informed persons representative of ing the technical achievability of compliance health, including such use among children, Af- scientific, professional, industry, agricultural, with the standard, and including information rican-Americans, Hispanics, and other racial or consumer organizations who in the Sec- concerning the existence of patents that make it and ethnic minorities. In its review, the Tobacco retary’s judgment can make a significant con- impossible to comply in the timeframe envisioned Products Scientific Advisory Committee shall tribution. in the proposed standard. If the Secretary deter- address the considerations listed in subsections ‘‘(b) CONSIDERATIONS BY SECRETARY.— mines, based on the Secretary’s evaluation of (a)(3)(B)(i) and (b). ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- submitted comments, that a product standard ‘‘(2) REPORT AND RECOMMENDATION.—Not retary shall consider information submitted in can be met only by manufacturers requiring later than 1 year after its establishment, the To- connection with a proposed standard regarding substantial changes to the methods of farming bacco Product Scientific Advisory Committee the technical achievability of compliance with the domestically grown tobacco used by the shall submit to the Secretary the report and rec- such standard. manufacturer, the effective date of that product ommendations required pursuant to paragraph ‘‘(2) OTHER CONSIDERATIONS.—The Secretary standard shall be not less than 2 years after the (1). shall consider all other information submitted in date of publication of the final regulation estab- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this connection with a proposed standard, including lishing the standard. subsection shall be construed to limit the Sec- information concerning the countervailing ef- ‘‘(3) LIMITATION ON POWER GRANTED TO THE retary’s authority to take action under this sec- fects of the tobacco product standard on the FOOD AND DRUG ADMINISTRATION.—Because of tion or other sections of this Act applicable to health of adolescent tobacco users, adult to- the importance of a decision of the Secretary to menthol. bacco users, or nontobacco users, such as the issue a regulation— ‘‘(f) DISSOLVABLE TOBACCO PRODUCTS.— creation of a significant demand for contraband ‘‘(A) banning all cigarettes, all smokeless to- ‘‘(1) REFERRAL; CONSIDERATIONS.—The Sec- or other tobacco products that do not meet the bacco products, all little cigars, all cigars other retary shall refer to the Tobacco Products Sci- requirements of this chapter and the signifi- than little cigars, all pipe tobacco, or all roll- entific Advisory Committee for report and rec- cance of such demand. your-own tobacco products; or ommendation, under section 917(c)(4), the issue ‘‘(c) PROPOSED STANDARDS.— ‘‘(B) requiring the reduction of nicotine yields of the nature and impact of the use of dissolv- ‘‘(1) IN GENERAL.—The Secretary shall publish of a tobacco product to zero, able tobacco products on the public health, in- in the Federal Register a notice of proposed the Secretary is prohibited from taking such ac- cluding such use among children. In its review, rulemaking for the establishment, amendment, tions under this Act. the Tobacco Products Scientific Advisory Com- or revocation of any tobacco product standard. ‘‘(4) AMENDMENT; REVOCATION.— mittee shall address the considerations listed in ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of ‘‘(A) AUTHORITY.—The Secretary, upon the subsection (a)(3)(B)(i). proposed rulemaking for the establishment or Secretary’s own initiative or upon petition of an ‘‘(2) REPORT AND RECOMMENDATION.—Not amendment of a tobacco product standard for a interested person, may by a regulation, promul- later than 2 years after its establishment, the tobacco product shall— gated in accordance with the requirements of Tobacco Product Scientific Advisory Committee ‘‘(A) set forth a finding with supporting jus- subsection (c) and paragraph (2), amend or re- shall submit to the Secretary the report and rec- tification that the tobacco product standard is voke a tobacco product standard. ommendations required pursuant to paragraph appropriate for the protection of the public ‘‘(B) EFFECTIVE DATE.—The Secretary may de- (1). health; clare a proposed amendment of a tobacco prod- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this ‘‘(B) invite interested persons to submit a uct standard to be effective on and after its pub- subsection shall be construed to limit the Sec- draft or proposed tobacco product standard for lication in the Federal Register and until the ef- retary’s authority to take action under this sec- consideration by the Secretary; fective date of any final action taken on such tion or other sections of this Act at any time ap- ‘‘(C) invite interested persons to submit com- amendment if the Secretary determines that plicable to any dissolvable tobacco product. ments on structuring the standard so that it making it so effective is in the public interest. ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. does not advantage foreign-grown tobacco over ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— ‘‘(a) NOTIFICATION.—If the Secretary deter- domestically grown tobacco; and ‘‘(A) IN GENERAL.—The Secretary may refer a mines that— ‘‘(D) invite the Secretary of Agriculture to proposed regulation for the establishment, ‘‘(1) a tobacco product which is introduced or provide any information or analysis which the amendment, or revocation of a tobacco product delivered for introduction into interstate com- Secretary of Agriculture believes is relevant to standard to the Tobacco Products Scientific Ad- merce for commercial distribution presents an the proposed tobacco product standard. visory Committee for a report and recommenda- unreasonable risk of substantial harm to the ‘‘(3) FINDING.—A notice of proposed rule- tion with respect to any matter involved in the public health; and making for the revocation of a tobacco product proposed regulation which requires the exercise ‘‘(2) notification under this subsection is nec- standard shall set forth a finding with sup- of scientific judgment. essary to eliminate the unreasonable risk of

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The Secretary may order notification expected adverse product experience; issued an order that the tobacco product— by any appropriate means, including public ‘‘(2) shall require reporting of other signifi- ‘‘(I) is substantially equivalent to a tobacco service announcements. Before issuing an order cant adverse tobacco product experiences as de- product commercially marketed (other than for under this subsection, the Secretary shall con- termined by the Secretary to be necessary to be test marketing) in the United States as of Feb- sult with the persons who are to give notice reported; ruary 15, 2007; and under the order. ‘‘(3) shall not impose requirements unduly ‘‘(II) is in compliance with the requirements of ‘‘(b) NO EXEMPTION FROM OTHER LIABILITY.— burdensome to a tobacco product manufacturer this Act; or Compliance with an order issued under this sec- or importer, taking into account the cost of com- ‘‘(ii) the tobacco product is exempt from the tion shall not relieve any person from liability plying with such requirements and the need for requirements of section 905(j) pursuant to a reg- under Federal or State law. In awarding dam- the protection of the public health and the im- ulation issued under section 905(j)(3). ages for economic loss in an action brought for plementation of this chapter; ‘‘(B) APPLICATION TO CERTAIN POST-FEBRUARY the enforcement of any such liability, the value ‘‘(4) when prescribing the procedure for mak- 15, 2007, PRODUCTS.—Subparagraph (A) shall not to the plaintiff in such action of any remedy ing requests for reports or information, shall re- apply to a tobacco product— provided under such order shall be taken into quire that each request made under such regula- ‘‘(i) that was first introduced or delivered for account. tions for submission of a report or information introduction into interstate commerce for com- ‘‘(c) RECALL AUTHORITY.— to the Secretary state the reason or purpose for mercial distribution in the United States after ‘‘(1) IN GENERAL.—If the Secretary finds that such request and identify to the fullest extent February 15, 2007, and prior to the date that is there is a reasonable probability that a tobacco practicable such report or information; 21 months after the date of enactment of the product contains a manufacturing or other de- ‘‘(5) when requiring submission of a report or Family Smoking Prevention and Tobacco Con- fect not ordinarily contained in tobacco prod- information to the Secretary, shall state the rea- trol Act; and ucts on the market that would cause serious, son or purpose for the submission of such report ‘‘(ii) for which a report was submitted under adverse health consequences or death, the Sec- or information and identify to the fullest extent section 905(j) within such 21-month period, retary shall issue an order requiring the appro- practicable such report or information; and except that subparagraph (A) shall apply to the priate person (including the manufacturers, im- ‘‘(6) may not require that the identity of any tobacco product if the Secretary issues an order porters, distributors, or retailers of the tobacco patient or user be disclosed in records, reports, that the tobacco product is not substantially product) to immediately cease distribution of or information required under this subsection equivalent. such tobacco product. The order shall provide unless required for the medical welfare of an in- ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— the person subject to the order with an oppor- dividual, to determine risks to public health of ‘‘(A) IN GENERAL.—In this section and section tunity for an informal hearing, to be held not a tobacco product, or to verify a record, report, 905(j), the term ‘substantially equivalent’ or later than 10 days after the date of the issuance or information submitted under this chapter. of the order, on the actions required by the In prescribing regulations under this subsection, ‘substantial equivalence’ means, with respect to order and on whether the order should be the Secretary shall have due regard for the pro- the tobacco product being compared to the pred- amended to require a recall of such tobacco fessional ethics of the medical profession and icate tobacco product, that the Secretary by product. If, after providing an opportunity for the interests of patients. The prohibitions of order has found that the tobacco product— such a hearing, the Secretary determines that paragraph (6) continue to apply to records, re- ‘‘(i) has the same characteristics as the predi- inadequate grounds exist to support the actions ports, and information concerning any indi- cate tobacco product; or required by the order, the Secretary shall vacate vidual who has been a patient, irrespective of ‘‘(ii) has different characteristics and the in- the order. whether or when he ceases to be a patient. formation submitted contains information, in- cluding clinical data if deemed necessary by the ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- ‘‘(b) REPORTS OF REMOVALS AND CORREC- CALL.— TIONS.— Secretary, that demonstrates that it is not ap- ‘‘(A) IN GENERAL.—If, after providing an op- ‘‘(1) IN GENERAL.—Except as provided in para- propriate to regulate the product under this sec- portunity for an informal hearing under para- graph (2), the Secretary shall by regulation re- tion because the product does not raise different graph (1), the Secretary determines that the quire a tobacco product manufacturer or im- questions of public health. order should be amended to include a recall of porter of a tobacco product to report promptly to ‘‘(B) CHARACTERISTICS.—In subparagraph (A), the tobacco product with respect to which the the Secretary any corrective action taken or re- the term ‘characteristics’ means the materials, order was issued, the Secretary shall, except as moval from the market of a tobacco product un- ingredients, design, composition, heating source, provided in subparagraph (B), amend the order dertaken by such manufacturer or importer if or other features of a tobacco product. to require a recall. The Secretary shall specify a the removal or correction was undertaken— ‘‘(C) LIMITATION.—A tobacco product may not timetable in which the tobacco product recall ‘‘(A) to reduce a risk to health posed by the be found to be substantially equivalent to a will occur and shall require periodic reports to tobacco product; or predicate tobacco product that has been re- the Secretary describing the progress of the re- ‘‘(B) to remedy a violation of this chapter moved from the market at the initiative of the call. caused by the tobacco product which may Secretary or that has been determined by a judi- ‘‘(B) NOTICE.—An amended order under sub- present a risk to health. cial order to be misbranded or adulterated. paragraph (A)— A tobacco product manufacturer or importer of ‘‘(4) HEALTH INFORMATION.— ‘‘(i) shall not include recall of a tobacco prod- a tobacco product who undertakes a corrective ‘‘(A) SUMMARY.—As part of a submission uct from individuals; and action or removal from the market of a tobacco under section 905(j) respecting a tobacco prod- ‘‘(ii) shall provide for notice to persons subject product which is not required to be reported uct, the person required to file a premarket noti- to the risks associated with the use of such to- under this subsection shall keep a record of such fication under such section shall provide an bacco product. correction or removal. adequate summary of any health information In providing the notice required by clause (ii), ‘‘(2) EXCEPTION.—No report of the corrective related to the tobacco product or state that such the Secretary may use the assistance of retailers action or removal of a tobacco product may be information will be made available upon request and other persons who distributed such tobacco required under paragraph (1) if a report of the by any person. product. If a significant number of such persons corrective action or removal is required and has ‘‘(B) REQUIRED INFORMATION.—Any summary cannot be identified, the Secretary shall notify been submitted under subsection (a). under subparagraph (A) respecting a tobacco such persons under section 705(b). ‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- product shall contain detailed information re- ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy TAIN TOBACCO PRODUCTS. garding data concerning adverse health effects provided by this subsection shall be in addition ‘‘(a) IN GENERAL.— and shall be made available to the public by the to remedies provided by subsection (a). ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For Secretary within 30 days of the issuance of a de- ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO purposes of this section the term ‘new tobacco termination that such tobacco product is sub- PRODUCTS. product’ means— stantially equivalent to another tobacco prod- ‘‘(a) IN GENERAL.—Every person who is a to- ‘‘(A) any tobacco product (including those uct. bacco product manufacturer or importer of a to- products in test markets) that was not commer- ‘‘(b) APPLICATION.— bacco product shall establish and maintain such cially marketed in the United States as of Feb- ‘‘(1) CONTENTS.—An application under this records, make such reports, and provide such in- ruary 15, 2007; or section shall contain— formation, as the Secretary may by regulation ‘‘(B) any modification (including a change in ‘‘(A) full reports of all information, published reasonably require to assure that such tobacco design, any component, any part, or any con- or known to, or which should reasonably be product is not adulterated or misbranded and to stituent, including a smoke constituent, or in known to, the applicant, concerning investiga- otherwise protect public health. Regulations the content, delivery or form of nicotine, or any tions which have been made to show the health prescribed under the preceding sentence— other additive or ingredient) of a tobacco prod- risks of such tobacco product and whether such

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with 1 or more protocols prescribed by the Sec- standard which is in effect under section 907, ‘‘(D) an identifying reference to any tobacco retary). compliance with which was a condition to the product standard under section 907 which would ‘‘(4) BASIS FOR FINDING.—For purposes of this issuance of an order relating to the application, be applicable to any aspect of such tobacco section, the finding as to whether the marketing and that there is a lack of adequate information product, and either adequate information to of a tobacco product for which an application to justify the deviation from such standard. show that such aspect of such tobacco product has been submitted is appropriate for the protec- ‘‘(2) APPEAL.—The holder of an application fully meets such tobacco product standard or tion of the public health shall be determined subject to an order issued under paragraph (1) adequate information to justify any deviation with respect to the risks and benefits to the pop- withdrawing an order issued pursuant to sub- from such standard; ulation as a whole, including users and section (c)(1)(A)(i) may, by petition filed on or ‘‘(E) such samples of such tobacco product nonusers of the tobacco product, and taking before the 30th day after the date upon which and of components thereof as the Secretary may into account— such holder receives notice of such withdrawal, reasonably require; ‘‘(A) the increased or decreased likelihood obtain review thereof in accordance with section ‘‘(F) specimens of the labeling proposed to be that existing users of tobacco products will stop 912. used for such tobacco product; and using such products; and ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- ‘‘(G) such other information relevant to the ‘‘(B) the increased or decreased likelihood viding an opportunity for an informal hearing, subject matter of the application as the Sec- that those who do not use tobacco products will the Secretary determines there is reasonable retary may require. start using such products. probability that the continuation of distribution ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- ‘‘(5) BASIS FOR ACTION.— of a tobacco product under an order would ENTIFIC ADVISORY COMMITTEE.—Upon receipt of ‘‘(A) INVESTIGATIONS.—For purposes of para- cause serious, adverse health consequences or an application meeting the requirements set graph (2)(A), whether permitting a tobacco death, that is greater than ordinarily caused by forth in paragraph (1), the Secretary— product to be marketed would be appropriate for tobacco products on the market, the Secretary ‘‘(A) may, on the Secretary’s own initiative; the protection of the public health shall, when shall by order temporarily suspend the author- or appropriate, be determined on the basis of well- ity of the manufacturer to market the product. ‘‘(B) may, upon the request of an applicant, controlled investigations, which may include 1 If the Secretary issues such an order, the Sec- refer such application to the Tobacco Products or more clinical investigations by experts quali- retary shall proceed expeditiously under para- Scientific Advisory Committee for reference and fied by training and experience to evaluate the graph (1) to withdraw such application. for submission (within such period as the Sec- tobacco product. ‘‘(e) SERVICE OF ORDER.—An order issued by retary may establish) of a report and rec- ‘‘(B) OTHER EVIDENCE.—If the Secretary deter- the Secretary under this section shall be ommendation respecting the application, to- mines that there exists valid scientific evidence served— gether with all underlying data and the reasons (other than evidence derived from investigations ‘‘(1) in person by any officer or employee of or basis for the recommendation. described in subparagraph (A)) which is suffi- the department designated by the Secretary; or ‘‘(c) ACTION ON APPLICATION.— cient to evaluate the tobacco product, the Sec- ‘‘(2) by mailing the order by registered mail or ‘‘(1) DEADLINE.— retary may authorize that the determination for certified mail addressed to the applicant at the ‘‘(A) IN GENERAL.—As promptly as possible, purposes of paragraph (2)(A) be made on the applicant’s last known address in the records of but in no event later than 180 days after the re- basis of such evidence. the Secretary. ceipt of an application under subsection (b), the ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- ‘‘(f) RECORDS.— Secretary, after considering the report and rec- SION.— ‘‘(1) ADDITIONAL INFORMATION.—In the case ommendation submitted under subsection (b)(2), ‘‘(1) IN GENERAL.—The Secretary shall, upon of any tobacco product for which an order shall— obtaining, where appropriate, advice on sci- issued pursuant to subsection (c)(1)(A)(i) for an ‘‘(i) issue an order that the new product may entific matters from the Tobacco Products Sci- application filed under subsection (b) is in ef- be introduced or delivered for introduction into entific Advisory Committee, and after due notice fect, the applicant shall establish and maintain interstate commerce if the Secretary finds that and opportunity for informal hearing for a to- such records, and make such reports to the Sec- none of the grounds specified in paragraph (2) bacco product for which an order was issued retary, as the Secretary may by regulation, or of this subsection applies; or under subsection (c)(1)(A)(i), issue an order by order with respect to such application, pre- ‘‘(ii) issue an order that the new product may withdrawing the order if the Secretary finds— scribe on the basis of a finding that such records not be introduced or delivered for introduction ‘‘(A) that the continued marketing of such to- and reports are necessary in order to enable the into interstate commerce if the Secretary finds bacco product no longer is appropriate for the Secretary to determine, or facilitate a deter- (and sets forth the basis for such finding as part protection of the public health; mination of, whether there is or may be grounds of or accompanying such denial) that 1 or more ‘‘(B) that the application contained or was for withdrawing or temporarily suspending such grounds for denial specified in paragraph (2) of accompanied by an untrue statement of a mate- order. this subsection apply. rial fact; ‘‘(2) ACCESS TO RECORDS.—Each person re- ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- ‘‘(C) that the applicant— quired under this section to maintain records, TION.—An order under subparagraph (A)(i) may ‘‘(i) has failed to establish a system for main- require that the sale and distribution of the to- taining records, or has repeatedly or delib- and each person in charge of custody thereof, bacco product be restricted but only to the ex- erately failed to maintain records or to make re- shall, upon request of an officer or employee tent that the sale and distribution of a tobacco ports, required by an applicable regulation designated by the Secretary, permit such officer product may be restricted under a regulation under section 909; or employee at all reasonable times to have ac- under section 906(d). ‘‘(ii) has refused to permit access to, or copy- cess to and copy and verify such records. ‘‘(2) DENIAL OF APPLICATION.—The Secretary ing or verification of, such records as required ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT EX- shall deny an application submitted under sub- by section 704; or EMPTION FOR INVESTIGATIONAL USE.—The Sec- section (b) if, upon the basis of the information ‘‘(iii) has not complied with the requirements retary may exempt tobacco products intended submitted to the Secretary as part of the appli- of section 905; for investigational use from the provisions of cation and any other information before the ‘‘(D) on the basis of new information before this chapter under such conditions as the Sec- Secretary with respect to such tobacco product, the Secretary with respect to such tobacco prod- retary may by regulation prescribe. the Secretary finds that— uct, evaluated together with the evidence before ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. ‘‘(A) there is a lack of a showing that permit- the Secretary when the application was re- ‘‘(a) IN GENERAL.—No person may introduce ting such tobacco product to be marketed would viewed, that the methods used in, or the facili- or deliver for introduction into interstate com- be appropriate for the protection of the public ties and controls used for, the manufacture, merce any modified risk tobacco product unless health; processing, packing, or installation of such to- an order issued pursuant to subsection (g) is ef- ‘‘(B) the methods used in, or the facilities or bacco product do not conform with the require- fective with respect to such product. controls used for, the manufacture, processing, ments of section 906(e) and were not brought ‘‘(b) DEFINITIONS.—In this section: or packing of such tobacco product do not con- into conformity with such requirements within a ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The form to the requirements of section 906(e); reasonable time after receipt of written notice term ‘modified risk tobacco product’ means any ‘‘(C) based on a fair evaluation of all material from the Secretary of nonconformity; tobacco product that is sold or distributed for facts, the proposed labeling is false or mis- ‘‘(E) on the basis of new information before use to reduce harm or the risk of tobacco-related leading in any particular; or the Secretary, evaluated together with the evi- disease associated with commercially marketed ‘‘(D) such tobacco product is not shown to dence before the Secretary when the application tobacco products. conform in all respects to a tobacco product was reviewed, that the labeling of such tobacco ‘‘(2) SOLD OR DISTRIBUTED.—

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‘‘(A) IN GENERAL.—With respect to a tobacco ability of the product to reduce risk or exposure other harmful substances compared to the simi- product, the term ‘sold or distributed for use to and relating to human health; lar types of tobacco products then on the market reduce harm or the risk of tobacco-related dis- ‘‘(6) data and information on how consumers unless such increases are minimal and the rea- ease associated with commercially marketed to- actually use the tobacco product; and sonably likely overall impact of use of the prod- bacco products’ means a tobacco product— ‘‘(7) such other information as the Secretary uct remains a substantial and measurable re- ‘‘(i) the label, labeling, or advertising of may require. duction in overall morbidity and mortality which represents explicitly or implicitly that— ‘‘(e) PUBLIC AVAILABILITY.—The Secretary among individual tobacco users; ‘‘(I) the tobacco product presents a lower risk shall make the application described in sub- ‘‘(iii) testing of actual consumer perception of tobacco-related disease or is less harmful section (d) publicly available (except matters in shows that, as the applicant proposes to label than one or more other commercially marketed the application which are trade secrets or other- and market the product, consumers will not be tobacco products; wise confidential, commercial information) and misled into believing that the product— ‘‘(II) the tobacco product or its smoke con- shall request comments by interested persons on ‘‘(I) is or has been demonstrated to be less tains a reduced level of a substance or presents the information contained in the application harmful; or a reduced exposure to a substance; or and on the label, labeling, and advertising ac- ‘‘(II) presents or has been demonstrated to ‘‘(III) the tobacco product or its smoke does companying such application. present less of a risk of disease than 1 or more ‘‘(f) ADVISORY COMMITTEE.— not contain or is free of a substance; other commercially marketed tobacco products; ‘‘(1) IN GENERAL.—The Secretary shall refer to ‘‘(ii) the label, labeling, or advertising of and the Tobacco Products Scientific Advisory Com- which uses the descriptors ‘light’, ‘mild’, or ‘‘(iv) issuance of an order with respect to the mittee any application submitted under this sec- ‘low’ or similar descriptors; or application is expected to benefit the health of tion. ‘‘(iii) the tobacco product manufacturer of the population as a whole taking into account which has taken any action directed to con- ‘‘(2) RECOMMENDATIONS.—Not later than 60 days after the date an application is referred to both users of tobacco products and persons who sumers through the media or otherwise, other do not currently use tobacco products. than by means of the tobacco product’s label, the Tobacco Products Scientific Advisory Com- mittee under paragraph (1), the Advisory Com- ‘‘(C) CONDITIONS OF MARKETING.— labeling, or advertising, after the date of enact- ‘‘(i) IN GENERAL.—Applications subject to an ment of the Family Smoking Prevention and To- mittee shall report its recommendations on the application to the Secretary. order under this paragraph shall be limited to a bacco Control Act, respecting the product that term of not more than 5 years, but may be re- would be reasonably expected to result in con- ‘‘(g) MARKETING.— ‘‘(1) MODIFIED RISK PRODUCTS.—Except as newed upon a finding by the Secretary that the sumers believing that the tobacco product or its provided in paragraph (2), the Secretary shall, requirements of this paragraph continue to be smoke may present a lower risk of disease or is with respect to an application submitted under satisfied based on the filing of a new applica- less harmful than one or more commercially this section, issue an order that a modified risk tion. marketed tobacco products, or presents a re- product may be commercially marketed only if ‘‘(ii) AGREEMENTS BY APPLICANT.—An order duced exposure to, or does not contain or is free the Secretary determines that the applicant has under this paragraph shall be conditioned on of, a substance or substances. demonstrated that such product, as it is actu- the applicant’s agreement to conduct postmarket IMITATION.—No tobacco product shall ‘‘(B) L surveillance and studies and to submit to the be considered to be ‘sold or distributed for use to ally used by consumers, will— ‘‘(A) significantly reduce harm and the risk of Secretary the results of such surveillance and reduce harm or the risk of tobacco-related dis- tobacco-related disease to individual tobacco studies to determine the impact of the order on ease associated with commercially marketed to- users; and consumer perception, behavior, and health and bacco products’, except as described in subpara- ‘‘(B) benefit the health of the population as a to enable the Secretary to review the accuracy graph (A). whole taking into account both users of tobacco of the determinations upon which the order was ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No products and persons who do not currently use based in accordance with a protocol approved smokeless tobacco product shall be considered to tobacco products. by the Secretary. be ‘sold or distributed for use to reduce harm or ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— ‘‘(iii) ANNUAL SUBMISSION.—The results of the risk of tobacco-related disease associated ‘‘(A) IN GENERAL.—The Secretary may issue such postmarket surveillance and studies de- with commercially marketed tobacco products’ an order that a tobacco product may be intro- scribed in clause (ii) shall be submitted annu- solely because its label, labeling, or advertising duced or delivered for introduction into inter- ally. uses the following phrases to describe such state commerce, pursuant to an application ‘‘(3) BASIS.—The determinations under para- product and its use: ‘smokeless tobacco’, ‘smoke- under this section, with respect to a tobacco graphs (1) and (2) shall be based on— less tobacco product’, ‘not consumed by smok- product that may not be commercially marketed ‘‘(A) the scientific evidence submitted by the ing’, ‘does not produce smoke’, ‘smokefree’, under paragraph (1) if the Secretary makes the applicant; and ‘smoke-free’, ‘without smoke’, ‘no smoke’, or findings required under this paragraph and de- ‘‘(B) scientific evidence and other information ‘not smoke’. termines that the applicant has demonstrated that is made available to the Secretary. ‘‘(3) EFFECTIVE DATE.—The provisions of that— ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND paragraph (2)(A)(ii) shall take effect 12 months ‘‘(i) such order would be appropriate to pro- after the date of enactment of the Family Smok- OF POPULATION AS A WHOLE.—In making the de- mote the public health; terminations under paragraphs (1) and (2), the ing Prevention and Tobacco Control Act for ‘‘(ii) any aspect of the label, labeling, and ad- Secretary shall take into account— those products whose label, labeling, or adver- vertising for such product that would cause the ‘‘(A) the relative health risks to individuals of tising contains the terms described in such para- tobacco product to be a modified risk tobacco the tobacco product that is the subject of the ap- graph on such date of enactment. The effective product under subsection (b) is limited to an ex- plication; date shall be with respect to the date of manu- plicit or implicit representation that such to- ‘‘(B) the increased or decreased likelihood facture, provided that, in any case, beginning 30 bacco product or its smoke does not contain or that existing users of tobacco products who days after such effective date, a manufacturer is free of a substance or contains a reduced level would otherwise stop using such products will shall not introduce into the domestic commerce of a substance, or presents a reduced exposure switch to the tobacco product that is the subject of the United States any product, irrespective of to a substance in tobacco smoke; the date of manufacture, that is not in conform- ‘‘(iii) scientific evidence is not available and, of the application; ance with paragraph (2)(A)(ii). using the best available scientific methods, can- ‘‘(C) the increased or decreased likelihood ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A not be made available without conducting long- that persons who do not use tobacco products product that is intended to be used for the treat- term epidemiological studies for an application will start using the tobacco product that is the ment of tobacco dependence, including smoking to meet the standards set forth in paragraph (1); subject of the application; cessation, is not a modified risk tobacco product and ‘‘(D) the risks and benefits to persons from the under this section if it has been approved as a ‘‘(iv) the scientific evidence that is available use of the tobacco product that is the subject of drug or device by the Food and Drug Adminis- without conducting long-term epidemiological the application as compared to the use of prod- tration and is subject to the requirements of studies demonstrates that a measurable and sub- ucts for smoking cessation approved under chapter V. stantial reduction in morbidity or mortality chapter V to treat nicotine dependence; and ‘‘(d) FILING.—Any person may file with the among individual tobacco users is reasonably ‘‘(E) comments, data, and information sub- Secretary an application for a modified risk to- likely in subsequent studies. mitted by interested persons. bacco product. Such application shall include— ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- ‘‘(1) a description of the proposed product and issue an order under subparagraph (A) the Sec- KETING.— any proposed advertising and labeling; retary must also find that the applicant has ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- ‘‘(2) the conditions for using the product; demonstrated that— retary shall require for the marketing of a prod- ‘‘(3) the formulation of the product; ‘‘(i) the magnitude of the overall reductions in uct under this section that any advertising or ‘‘(4) sample product labels and labeling; exposure to the substance or substances which labeling concerning modified risk products en- ‘‘(5) all documents (including underlying sci- are the subject of the application is substantial, able the public to comprehend the information entific information) relating to research findings such substance or substances are harmful, and concerning modified risk and to understand the conducted, supported, or possessed by the to- the product as actually used exposes consumers relative significance of such information in the bacco product manufacturer relating to the ef- to the specified reduced level of the substance or context of total health and in relation to all of fect of the product on tobacco-related diseases substances; the diseases and health-related conditions asso- and health-related conditions, including infor- ‘‘(ii) the product as actually used by con- ciated with the use of tobacco products. mation both favorable and unfavorable to the sumers will not expose them to higher levels of ‘‘(2) COMPARATIVE CLAIMS.—

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‘‘(A) IN GENERAL.—The Secretary may require ‘‘(B) an action is taken that affects the risks ‘‘(1) IN GENERAL.—Not later than 30 days for the marketing of a product under this sub- presented by other commercially marketed to- after— section that a claim comparing a tobacco prod- bacco products that were compared to the prod- ‘‘(A) the promulgation of a regulation under uct to 1 or more other commercially marketed to- uct that is the subject of the application; or section 907 establishing, amending, or revoking bacco products shall compare the tobacco prod- ‘‘(C) any postmarket surveillance or studies a tobacco product standard; or uct to a commercially marketed tobacco product reveal that the order is no longer consistent ‘‘(B) a denial of an application under section that is representative of that type of tobacco with the protection of the public health; 910(c), ‘‘(4) the applicant failed to conduct or submit product on the market (for example the average any person adversely affected by such regula- the postmarket surveillance and studies required value of the top 3 brands of an established reg- tion or denial may file a petition for judicial re- under subsection (g)(2)(C)(ii) or subsection (i); ular tobacco product). view of such regulation or denial with the or ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- United States Court of Appeals for the District retary may also require, for purposes of sub- ‘‘(5) the applicant failed to meet a condition of Columbia or for the circuit in which such per- paragraph (A), that the percent (or fraction) of imposed under subsection (h). son resides or has their principal place of busi- change and identity of the reference tobacco ‘‘(k) CHAPTER IV OR V.—A product for which ness. product and a quantitative comparison of the the Secretary has issued an order pursuant to ‘‘(2) REQUIREMENTS.— amount of the substance claimed to be reduced subsection (g) shall not be subject to chapter IV ‘‘(A) COPY OF PETITION.—A copy of the peti- shall be stated in immediate proximity to the or V. tion filed under paragraph (1) shall be trans- most prominent claim. ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- mitted by the clerk of the court involved to the ‘‘(3) LABEL DISCLOSURE.— ANCE.— ‘‘(A) IN GENERAL.—The Secretary may require ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 Secretary. the disclosure on the label of other substances in years after the date of enactment of the Family ‘‘(B) RECORD OF PROCEEDINGS.—On receipt of the tobacco product, or substances that may be Smoking Prevention and Tobacco Control Act, a petition under subparagraph (A), the Sec- produced by the consumption of that tobacco the Secretary shall issue regulations or guidance retary shall file in the court in which such peti- product, that may affect a disease or health-re- (or any combination thereof) on the scientific tion was filed— lated condition or may increase the risk of other evidence required for assessment and ongoing ‘‘(i) the record of the proceedings on which diseases or health-related conditions associated review of modified risk tobacco products. Such the regulation or order was based; and with the use of tobacco products. regulations or guidance shall— ‘‘(ii) a statement of the reasons for the ‘‘(B) CONDITIONS OF USE.—If the conditions of ‘‘(A) to the extent that adequate scientific evi- issuance of such a regulation or order. use of the tobacco product may affect the risk of dence exists, establish minimum standards for ‘‘(C) DEFINITION OF RECORD.—In this section, the product to human health, the Secretary may scientific studies needed prior to issuing an the term ‘record’ means— require the labeling of conditions of use. order under subsection (g) to show that a sub- ‘‘(i) all notices and other matter published in ‘‘(4) TIME.—An order issued under subsection stantial reduction in morbidity or mortality the Federal Register with respect to the regula- (g)(1) shall be effective for a specified period of among individual tobacco users occurs for prod- tion or order reviewed; time. ucts described in subsection (g)(1) or is reason- ‘‘(ii) all information submitted to the Sec- ‘‘(5) ADVERTISING.—The Secretary may re- ably likely for products described in subsection retary with respect to such regulation or order; quire, with respect to a product for which an (g)(2); ‘‘(iii) proceedings of any panel or advisory applicant obtained an order under subsection ‘‘(B) include validated biomarkers, inter- committee with respect to such regulation or (g)(1), that the product comply with require- mediate clinical endpoints, and other feasible order; ments relating to advertising and promotion of outcome measures, as appropriate; ‘‘(iv) any hearing held with respect to such the tobacco product. ‘‘(C) establish minimum standards for regulation or order; and ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- postmarket studies, that shall include regular ‘‘(v) any other information identified by the IES.— and long-term assessments of health outcomes Secretary, in the administrative proceeding held ‘‘(1) IN GENERAL.—The Secretary shall require, and mortality, intermediate clinical endpoints, with respect to such regulation or order, as with respect to a product for which an appli- consumer perception of harm reduction, and the being relevant to such regulation or order. cant obtained an order under subsection (g)(1), impact on quitting behavior and new use of to- ‘‘(b) STANDARD OF REVIEW.—Upon the filing that the applicant conduct postmarket surveil- bacco products, as appropriate; of the petition under subsection (a) for judicial lance and studies for such a tobacco product to ‘‘(D) establish minimum standards for re- review of a regulation or order, the court shall determine the impact of the order issuance on quired postmarket surveillance, including ongo- have jurisdiction to review the regulation or consumer perception, behavior, and health, to ing assessments of consumer perception; order in accordance with chapter 7 of title 5, enable the Secretary to review the accuracy of ‘‘(E) require that data from the required stud- United States Code, and to grant appropriate re- the determinations upon which the order was ies and surveillance be made available to the lief, including interim relief, as provided for in based, and to provide information that the Sec- Secretary prior to the decision on renewal of a such chapter. A regulation or denial described retary determines is otherwise necessary regard- modified risk tobacco product; and in subsection (a) shall be reviewed in accord- ‘‘(F) establish a reasonable timetable for the ing the use or health risks involving the tobacco ance with section 706(2)(A) of title 5, United Secretary to review an application under this product. The results of postmarket surveillance States Code. section. and studies shall be submitted to the Secretary INALITY OF UDGMENT ‘‘(2) CONSULTATION.—The regulations or guid- ‘‘(c) F J .—The judgment on an annual basis. of the court affirming or setting aside, in whole ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ance issued under paragraph (1) shall be devel- oped in consultation with the Institute of Medi- or in part, any regulation or order shall be cant required to conduct a surveillance of a to- final, subject to review by the Supreme Court of bacco product under paragraph (1) shall, within cine, and with the input of other appropriate scientific and medical experts, on the design and the United States upon certiorari or certifi- 30 days after receiving notice that the applicant cation, as provided in section 1254 of title 28, is required to conduct such surveillance, submit, conduct of such studies and surveillance. ‘‘(3) REVISION.—The regulations or guidance United States Code. for the approval of the Secretary, a protocol for ‘‘(d) OTHER REMEDIES.—The remedies pro- the required surveillance. The Secretary, within under paragraph (1) shall be revised on a reg- ular basis as new scientific information becomes vided for in this section shall be in addition to, 60 days of the receipt of such protocol, shall de- and not in lieu of, any other remedies provided termine if the principal investigator proposed to available. ‘‘(4) NEW TOBACCO PRODUCTS.—Not later than by law. be used in the surveillance has sufficient quali- 2 years after the date of enactment of the Fam- ‘‘(e) REGULATIONS AND ORDERS MUST RECITE fications and experience to conduct such sur- ily Smoking Prevention and Tobacco Control BASIS IN RECORD.—To facilitate judicial review, veillance and if such protocol will result in col- Act, the Secretary shall issue a regulation or a regulation or order issued under section 906, lection of the data or other information des- guidance that permits the filing of a single ap- 907, 908, 909, 910, or 916 shall contain a state- ignated by the Secretary as necessary to protect plication for any tobacco product that is a new ment of the reasons for the issuance of such reg- the public health. ulation or order in the record of the proceedings ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The tobacco product under section 910 and which held in connection with its issuance. Secretary, after an opportunity for an informal the applicant seeks to commercially market hearing, shall withdraw an order under sub- under this section. ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- ‘‘(m) DISTRIBUTORS.—Except as provided in LETS. section (g) if the Secretary determines that— ‘‘(1) the applicant, based on new information, this section, no distributor may take any action, ‘‘The Secretary shall issue regulations to re- can no longer make the demonstrations required after the date of enactment of the Family Smok- quire that retail establishments for which the under subsection (g), or the Secretary can no ing Prevention and Tobacco Control Act, with predominant business is the sale of tobacco longer make the determinations required under respect to a tobacco product that would reason- products comply with any advertising restric- subsection (g); ably be expected to result in consumers believing tions applicable to retail establishments acces- ‘‘(2) the application failed to include material that the tobacco product or its smoke may sible to individuals under the age of 18. information or included any untrue statement of present a lower risk of disease or is less harmful ‘‘SEC. 914. JURISDICTION OF AND COORDINATION material fact; than one or more commercially marketed to- WITH THE FEDERAL TRADE COMMIS- ‘‘(3) any explicit or implicit representation bacco products, or presents a reduced exposure SION. that the product reduces risk or exposure is no to, or does not contain or is free of, a substance ‘‘(a) JURISDICTION.— longer valid, including if— or substances. ‘‘(1) IN GENERAL.—Except where expressly pro- ‘‘(A) a tobacco product standard is established ‘‘SEC. 912. JUDICIAL REVIEW. vided in this chapter, nothing in this chapter pursuant to section 907; ‘‘(a) RIGHT TO REVIEW.— shall be construed as limiting or diminishing the

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authority of the Federal Trade Commission to Secretary with respect to manufacturers that ‘‘(3) EXTENSION.—The Secretary, taking into enforce the laws under its jurisdiction with re- are not small tobacco product manufacturers or account the laboratory testing capacity that is spect to the advertising, sale, or distribution of the end of the 2-year period following the final available to tobacco product manufacturers, tobacco products. promulgation of such regulations, as described shall review and verify the evidence submitted ‘‘(2) ENFORCEMENT.—Any advertising that in paragraph (1)(A). A small tobacco product by a small tobacco product manufacturer in ac- violates this chapter or a provision of the regu- manufacturer shall be required— cordance with paragraph (2). If the Secretary lations referred to in section 102 of the Family ‘‘(i) to conduct such testing and reporting for finds that the conditions described in such para- Smoking Prevention and Tobacco Control Act, is 25 percent of its tobacco products during each graph are met, the Secretary shall notify the an unfair or deceptive act or practice under sec- year of such 4-year period; and small tobacco product manufacturer that the tion 5(a) of the Federal Trade Commission Act ‘‘(ii) to conduct such testing and reporting for manufacturer shall not be considered to be in and shall be considered a violation of a rule its largest-selling tobacco products (as deter- violation of the testing and reporting require- promulgated under section 18 of that Act. mined by the Secretary) before its other tobacco ments of this section until the testing is reported ‘‘(b) COORDINATION.—With respect to the re- products, or in such other order of priority as or until 1 year after the reporting deadline has quirements of section 4 of the Federal Cigarette determined by the Secretary. passed, whichever occurs sooner. If, however, ASE-BY-CASE DELAY.—Notwithstanding Labeling and Advertising Act and section 3 of ‘‘(B) C the Secretary has not made a finding before the subparagraph (A), the Secretary may, on a case- the Comprehensive Smokeless Tobacco Health reporting deadline, the manufacturer shall not by-case basis, delay the date by which an indi- Education Act of 1986— be considered to be in violation of such require- vidual small tobacco product manufacturer must ‘‘(1) the Chairman of the Federal Trade Com- ments until the Secretary finds that the condi- conduct testing and reporting for its tobacco mission shall coordinate with the Secretary con- tions described in paragraph (2) have not been products under this section based upon a show- cerning the enforcement of such Act as such en- met, or until 1 year after the reporting deadline, ing of undue hardship to such manufacturer. forcement relates to unfair or deceptive acts or whichever occurs sooner. Notwithstanding the preceding sentence, the practices in the advertising of cigarettes or Secretary shall not extend the deadline for a ‘‘(4) ADDITIONAL EXTENSION.—In addition to smokeless tobacco; and small tobacco product manufacturer to conduct the time that may be provided under paragraph ‘‘(2) the Secretary shall consult with the testing and reporting for all of its tobacco prod- (3), the Secretary may provide further exten- Chairman of such Commission in revising the ucts beyond a total of 5 years after the initial sions of time, in increments of no more than 1 label statements and requirements under such date of compliance under this section set by the year, for required testing and reporting to occur sections. Secretary with respect to manufacturers that if the Secretary determines, based on evidence ‘‘SEC. 915. REGULATION REQUIREMENT. are not small tobacco product manufacturers. properly and timely submitted by a small to- ‘‘(a) TESTING, REPORTING, AND DISCLOSURE.— ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING bacco product manufacturer in accordance with Not later than 36 months after the date of enact- AND REPORTING.—The regulations promulgated paragraph (2), that a lack of available labora- ment of the Family Smoking Prevention and To- under subsection (a) shall provide that, with re- tory capacity prevents the manufacturer from bacco Control Act, the Secretary shall promul- spect to any subsequent or additional testing completing the required testing during the pe- gate regulations under this Act that meet the re- and reporting of tobacco products required riod described in paragraph (3). quirements of subsection (b). under this section, such testing and reporting by ‘‘(f) RULE OF CONSTRUCTION.—Nothing in sub- ‘‘(b) CONTENTS OF RULES.—The regulations a small tobacco product manufacturer shall be section (d) or (e) shall be construed to authorize promulgated under subsection (a)— conducted in accordance with the timeframes the extension of any deadline, or to otherwise ‘‘(1) shall require testing and reporting of to- described in paragraph (2)(A), except that, in affect any timeframe, under any provision of bacco product constituents, ingredients, and ad- the case of a new product, or if there has been this Act or the Family Smoking Prevention and ditives, including smoke constituents, by brand a modification described in section 910(a)(1)(B) Tobacco Control Act other than this section. of any product of a small tobacco product man- and subbrand that the Secretary determines ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL should be tested to protect the public health, ufacturer since the last testing and reporting re- AUTHORITY. provided that, for purposes of the testing re- quired under this section, the Secretary shall re- ‘‘(a) IN GENERAL.— quirements of this paragraph, tobacco products quire that any subsequent or additional testing manufactured and sold by a single tobacco and reporting be conducted in accordance with ‘‘(1) PRESERVATION.—Except as provided in product manufacturer that are identical in all the same timeframe applicable to manufacturers paragraph (2)(A), nothing in this chapter, or respects except the labels, packaging design, that are not small tobacco product manufactur- rules promulgated under this chapter, shall be logo, trade dress, trademark, brand name, or ers. construed to limit the authority of a Federal any combination thereof, shall be considered as ‘‘(4) JOINT LABORATORY TESTING SERVICES.— agency (including the Armed Forces), a State or a single brand; and The Secretary shall allow any 2 or more small political subdivision of a State, or the govern- ‘‘(2) may require that tobacco product manu- tobacco product manufacturers to join together ment of an Indian tribe to enact, adopt, promul- facturers, packagers, or importers make disclo- to purchase laboratory testing services required gate, and enforce any law, rule, regulation, or sures relating to the results of the testing of tar by this section on a group basis in order to en- other measure with respect to tobacco products and nicotine through labels or advertising or sure that such manufacturers receive access to, that is in addition to, or more stringent than, other appropriate means, and make disclosures and fair pricing of, such testing services. requirements established under this chapter, in- regarding the results of the testing of other con- ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY cluding a law, rule, regulation, or other measure stituents, including smoke constituents, ingredi- CAPACITY.— relating to or prohibiting the sale, distribution, ents, or additives, that the Secretary determines ‘‘(1) IN GENERAL.—The regulations promul- possession, exposure to, access to, advertising should be disclosed to the public to protect the gated under subsection (a) shall provide that a and promotion of, or use of tobacco products by public health and will not mislead consumers small tobacco product manufacturer shall not be individuals of any age, information reporting to about the risk of tobacco-related disease. considered to be in violation of this section be- the State, or measures relating to fire safety fore the deadline applicable under paragraphs standards for tobacco products. No provision of ‘‘(c) AUTHORITY.—The Secretary shall have the authority under this chapter to conduct or (3) and (4), if— this chapter shall limit or otherwise affect any ‘‘(A) the tobacco products of such manufac- to require the testing, reporting, or disclosure of State, tribal, or local taxation of tobacco prod- turer are in compliance with all other require- tobacco product constituents, including smoke ucts. ments of this chapter; and constituents. ‘‘(2) PREEMPTION OF CERTAIN STATE AND ‘‘(B) the conditions described in paragraph (2) LOCAL REQUIREMENTS.— ‘‘(d) SMALL TOBACCO PRODUCT MANUFACTUR- are met. ‘‘(A) IN GENERAL.—No State or political sub- ERS.— ‘‘(2) CONDITIONS.—Notwithstanding the re- ‘‘(1) FIRST COMPLIANCE DATE.—The initial reg- quirements of this section, the Secretary may division of a State may establish or continue in ulations promulgated under subsection (a) shall delay the date by which a small tobacco product effect with respect to a tobacco product any re- not impose requirements on small tobacco prod- manufacturer must be in compliance with the quirement which is different from, or in addition uct manufacturers before the later of— testing and reporting required by this section to, any requirement under the provisions of this ‘‘(A) the end of the 2-year period following until such time as the testing is reported if, not chapter relating to tobacco product standards, the final promulgation of such regulations; and later than 90 days before the deadline for re- premarket review, adulteration, misbranding, ‘‘(B) the initial date set by the Secretary for porting in accordance with this section, a small labeling, registration, good manufacturing compliance with such regulations by manufac- tobacco product manufacturer provides evidence standards, or modified risk tobacco products. turers that are not small tobacco product manu- to the Secretary demonstrating that— ‘‘(B) EXCEPTION.—Subparagraph (A) does not facturers. ‘‘(A) the manufacturer has submitted the re- apply to requirements relating to the sale, dis- ‘‘(2) TESTING AND REPORTING INITIAL COMPLI- quired products for testing to a laboratory and tribution, possession, information reporting to ANCE PERIOD.— has done so sufficiently in advance of the dead- the State, exposure to, access to, the advertising ‘‘(A) 4-YEAR PERIOD.—The initial regulations line to create a reasonable expectation of com- and promotion of, or use of, tobacco products by promulgated under subsection (a) shall give pletion by the deadline; individuals of any age, or relating to fire safety each small tobacco product manufacturer a 4- ‘‘(B) the products currently are awaiting test- standards for tobacco products. Information dis- year period over which to conduct testing and ing by the laboratory; and closed to a State under subparagraph (A) that is reporting for all of its tobacco products. Subject ‘‘(C) neither that laboratory nor any other exempt from disclosure under section 552(b)(4) of to paragraph (1), the end of the first year of laboratory is able to complete testing by the title 5, United States Code, shall be treated as a such 4-year period shall coincide with the initial deadline at customary, nonexpedited testing trade secret and confidential information by the date of compliance under this section set by the fees. State.

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‘‘(b) RULE OF CONSTRUCTION REGARDING ‘‘(1) COMPENSATION AND TRAVEL.—Members of shall be assessed and collected with respect to PRODUCT LIABILITY.—No provision of this chap- the Advisory Committee who are not officers or each quarter of each fiscal year, and the total ter relating to a tobacco product shall be con- employees of the United States, while attending amount assessed and collected for a fiscal year strued to modify or otherwise affect any action conferences or meetings of the committee or oth- shall be the amount specified in subsection or the liability of any person under the product erwise engaged in its business, shall be entitled (b)(1) for such year, subject to subsection (c). liability law of any State. to receive compensation at rates to be fixed by ‘‘(b) ASSESSMENT OF USER FEE.— ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC ADVI- the Secretary, which may not exceed the daily ‘‘(1) AMOUNT OF ASSESSMENT.—The total SORY COMMITTEE. equivalent of the rate in effect under the Senior amount of user fees authorized to be assessed ‘‘(a) ESTABLISHMENT.—Not later than 6 Executive Schedule under section 5382 of title 5, and collected under subsection (a) for a fiscal months after the date of enactment of the Fam- United States Code, for each day (including year is the following, as applicable to the fiscal ily Smoking Prevention and Tobacco Control travel time) they are so engaged; and while so year involved: Act, the Secretary shall establish a 12-member serving away from their homes or regular places ‘‘(A) For fiscal year 2009, $85,000,000 (subject advisory committee, to be known as the Tobacco of business each member may be allowed travel to subsection (e)). Products Scientific Advisory Committee (in this expenses, including per diem in lieu of subsist- ‘‘(B) For fiscal year 2010, $235,000,000. section referred to as the ‘Advisory Committee’). ence, as authorized by section 5703 of title 5, ‘‘(C) For fiscal year 2011, $450,000,000. ‘‘(b) MEMBERSHIP.— United States Code, for persons in the Govern- ‘‘(D) For fiscal year 2012, $477,000,000. ‘‘(1) IN GENERAL.— ment service employed intermittently. ‘‘(E) For fiscal year 2013, $505,000,000. ‘‘(A) MEMBERS.—The Secretary shall appoint ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- ‘‘(F) For fiscal year 2014, $534,000,000. as members of the Tobacco Products Scientific retary shall furnish the Advisory Committee ‘‘(G) For fiscal year 2015, $566,000,000. Advisory Committee individuals who are tech- clerical and other assistance. ‘‘(H) For fiscal year 2016, $599,000,000. nically qualified by training and experience in ‘‘(3) NONAPPLICATION OF FACA.—Section 14 of ‘‘(I) For fiscal year 2017, $635,000,000. medicine, medical ethics, science, or technology the Federal Advisory Committee Act does not ‘‘(J) For fiscal year 2018, $672,000,000. involving the manufacture, evaluation, or use of apply to the Advisory Committee. ‘‘(K) For fiscal year 2019 and each subsequent tobacco products, who are of appropriately di- ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND fiscal year, $712,000,000. versified professional backgrounds. The com- COMMITTEES.—The Advisory Committee shall ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS OF mittee shall be composed of— make and maintain a transcript of any pro- TOBACCO PRODUCTS.— ‘‘(i) 7 individuals who are physicians, den- ceeding of the panel or committee. Each such ‘‘(A) IN GENERAL.—The total user fees assessed tists, scientists, or health care professionals panel and committee shall delete from any tran- and collected under subsection (a) each fiscal practicing in the area of oncology, pulmonology, script made under this subsection information year with respect to each class of tobacco prod- cardiology, toxicology, pharmacology, addic- which is exempt from disclosure under section ucts shall be an amount that is equal to the ap- tion, or any other relevant specialty; 552(b) of title 5, United States Code. plicable percentage of each class for the fiscal year multiplied by the amount specified in para- ‘‘(ii) 1 individual who is an officer or em- ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- ployee of a State or local government or of the BACCO DEPENDENCE. graph (1) for the fiscal year. ‘‘(B) APPLICABLE PERCENTAGE.— Federal Government; ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(i) IN GENERAL.—For purposes of subpara- ‘‘(iii) 1 individual as a representative of the ‘‘(1) at the request of the applicant, consider graph (A), the applicable percentage for a fiscal general public; designating products for smoking cessation, in- year for each of the following classes of tobacco ‘‘(iv) 1 individual as a representative of the cluding nicotine replacement products as fast products shall be determined in accordance with interests of the tobacco manufacturing industry; track research and approval products within the clause (ii): ‘‘(v) 1 individual as a representative of the in- meaning of section 506; ‘‘(I) Cigarettes. terests of the small business tobacco manufac- ‘‘(2) consider approving the extended use of ‘‘(II) Cigars, including small cigars and cigars turing industry, which position may be filled on nicotine replacement products (such as nicotine other than small cigars. a rotating, sequential basis by representatives of patches, nicotine gum, and nicotine lozenges) ‘‘(III) Snuff. different small business tobacco manufacturers for the treatment of tobacco dependence; and based on areas of expertise relevant to the topics ‘‘(IV) Chewing tobacco. ‘‘(3) review and consider the evidence for ad- ‘‘(V) Pipe tobacco. being considered by the Advisory Committee; ditional indications for nicotine replacement and ‘‘(VI) Roll-your-own tobacco. products, such as for craving relief or relapse ‘‘(ii) ALLOCATIONS.—The applicable percent- ‘‘(vi) 1 individual as a representative of the prevention. interests of the tobacco growers. age of each class of tobacco product described in ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— ‘‘(B) NONVOTING MEMBERS.—The members of clause (i) for a fiscal year shall be the percent- ‘‘(1) IN GENERAL.—Not later than 3 years after age determined under section 625(c) of Public the committee appointed under clauses (iv), (v), the date of enactment of the Family Smoking and (vi) of subparagraph (A) shall serve as con- Law 108–357 for each such class of product for Prevention and Tobacco Control Act, the Sec- such fiscal year. sultants to those described in clauses (i) through retary, after consultation with recognized sci- (iii) of subparagraph (A) and shall be nonvoting ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- entific, medical, and public health experts (in- withstanding clause (ii), no user fees shall be representatives. cluding both Federal agencies and nongovern- ‘‘(C) CONFLICTS OF INTEREST.—No members of assessed on a class of tobacco products unless mental entities, the Institute of Medicine of the the committee, other than members appointed such class of tobacco products is listed in section National Academy of Sciences, and the Society pursuant to clauses (iv), (v), and (vi) of sub- 901(b) or is deemed by the Secretary in a regula- for Research on Nicotine and Tobacco), shall paragraph (A) shall, during the member’s tenure tion under section 901(b) to be subject to this submit to the Congress a report that examines on the committee or for the 18-month period chapter. how best to regulate, promote, and encourage prior to becoming such a member, receive any ‘‘(iv) REALLOCATIONS.—In the case of a class the development of innovative products and salary, grants, or other payments or support of tobacco products that is not listed in section treatments (including nicotine-based and non- from any business that manufactures, distrib- 901(b) or deemed by the Secretary in a regula- nicotine-based products and treatments) to bet- utes, markets, or sells cigarettes or other tobacco tion under section 901(b) to be subject to this ter achieve, in a manner that best protects and products. chapter, the amount of user fees that would oth- promotes the public health— ‘‘(2) LIMITATION.—The Secretary may not ap- erwise be assessed to such class of tobacco prod- ‘‘(A) total abstinence from tobacco use; point to the Advisory Committee any individual ucts shall be reallocated to the classes of tobacco ‘‘(B) reductions in consumption of tobacco; who is in the regular full-time employ of the products that are subject to this chapter in the and Food and Drug Administration or any agency same manner and based on the same relative ‘‘(C) reductions in the harm associated with responsible for the enforcement of this Act. The percentages otherwise determined under clause continued tobacco use. Secretary may appoint Federal officials as ex (ii). ‘‘(2) RECOMMENDATIONS.—The report under officio members. ‘‘(3) DETERMINATION OF USER FEE BY COM- paragraph (1) shall include the recommenda- ‘‘(3) CHAIRPERSON.—The Secretary shall des- PANY.— tions of the Secretary on how the Food and ignate 1 of the members appointed under clauses ‘‘(A) IN GENERAL.—The total user fee to be Drug Administration should coordinate and fa- (i), (ii), and (iii) of paragraph (1)(A) to serve as paid by each manufacturer or importer of a par- cilitate the exchange of information on such in- chairperson. ticular class of tobacco products shall be deter- novative products and treatments among rel- ‘‘(c) DUTIES.—The Tobacco Products Scientific mined for each quarter by multiplying— Advisory Committee shall provide advice, infor- evant offices and centers within the Administra- ‘‘(i) such manufacturer’s or importer’s per- mation, and recommendations to the Secretary— tion and within the National Institutes of centage share as determined under paragraph ‘‘(1) as provided in this chapter; Health, the Centers for Disease Control and Pre- (4); by ‘‘(2) on the effects of the alteration of the nic- vention, and other relevant agencies. ‘‘(ii) the portion of the user fee amount for the otine yields from tobacco products; ‘‘SEC. 919. USER FEES. current quarter to be assessed on all manufac- ‘‘(3) on whether there is a threshold level ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— turers and importers of such class of tobacco below which nicotine yields do not produce de- Beginning on the date of enactment of the Fam- products as determined under paragraph (2). pendence on the tobacco product involved; and ily Smoking Prevention and Tobacco Control ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE ‘‘(4) on its review of other safety, dependence, Act, the Secretary shall in accordance with this SHARE.—No manufacturer or importer of tobacco or health issues relating to tobacco products as section assess user fees on, and collect such fees products shall be required to pay a user fee in requested by the Secretary. from, each manufacturer and importer of to- excess of the percentage share of such manufac- ‘‘(d) COMPENSATION; SUPPORT; FACA.— bacco products subject to this chapter. The fees turer or importer.

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‘‘(4) ALLOCATION OF ASSESSMENT WITHIN EACH ‘‘(i) IN GENERAL.—Any amounts allocated for (1) IN GENERAL.—On the first day of publica- CLASS OF TOBACCO PRODUCT.—The percentage the start-up period pursuant to subparagraph tion of the Federal Register that is 180 days or share of each manufacturer or importer of a (B)(ii) shall be reimbursed through any appro- more after the date of enactment of this Act, the particular class of tobacco products of the total priated fees collected under subsection (a), in Secretary of Health and Human Services shall user fee to be paid by all manufacturers or im- such manner as the Secretary determines appro- publish in the Federal Register a final rule re- porters of that class of tobacco products shall be priate to ensure that such allocation results in garding cigarettes and smokeless tobacco, the percentage determined for purposes of allo- no net change in the total amount of funds oth- which— cations under subsections (e) through (h) of sec- erwise available, for the period from October 1, (A) is deemed to be issued under chapter 9 of tion 625 of Public Law 108–357. 2008, through September 30, 2010, for Food and the Federal Food, Drug, and Cosmetic Act, as ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- Drug Administration programs and activities added by section 101 of this division; and standing paragraph (4), if a user fee assessment (other than tobacco regulation activities) for (B) shall be deemed to be in compliance with is imposed on cigars, the percentage share of such period. all applicable provisions of chapter 5 of title 5, each manufacturer or importer of cigars shall be ‘‘(ii) TREATMENT OF REIMBURSED AMOUNTS.— United States Code, and all other provisions of based on the excise taxes paid by such manufac- Amounts reimbursed under clause (i) shall be law relating to rulemaking procedures. turer or importer during the prior fiscal year. available for the programs and activities for (2) CONTENTS OF RULE.—Except as provided in ‘‘(6) TIMING OF ASSESSMENT.—The Secretary which funds allocated for the start-up period this subsection, the final rule published under shall notify each manufacturer and importer of were available, prior to such allocation, until paragraph (1), shall be identical in its provi- tobacco products subject to this section of the September 30, 2010, notwithstanding any other- sions to part 897 of the regulations promulgated amount of the quarterly assessment imposed on wise applicable limits on amounts for such pro- by the Secretary of Health and Human Services such manufacturer or importer under this sub- grams or activities for a fiscal year. in the August 28, 1996, issue of the Federal Reg- section for each quarter of each fiscal year. ‘‘(D) FEE COLLECTED DURING START-UP PE- ister (61 Fed. Reg. 44615–44618). Such rule Such notifications shall occur not later than 30 RIOD.—Notwithstanding the first sentence of shall— days prior to the end of the quarter for which paragraph (1), fees under subsection (a) may be (A) provide for the designation of jurisdic- such assessment is made, and payments of all collected through September 30, 2009 under sub- tional authority that is in accordance with this assessments shall be made by the last day of the paragraph (B)(ii) and shall be available for obli- subsection in accordance with this division and quarter involved. gation and remain available until expended. the amendments made by this division; ‘‘(7) MEMORANDUM OF UNDERSTANDING.— (B) strike Subpart C—Labels and section ‘‘(A) IN GENERAL.—The Secretary shall request Such offsetting collections shall be credited to the salaries and expenses account of the Food 897.32(c); the appropriate Federal agency to enter into a (C) strike paragraphs (a), (b), and (i) of sec- and Drug Administration. memorandum of understanding that provides for tion 897.3 and insert definitions of the terms ‘‘(E) OBLIGATION OF START-UP COSTS IN AN- the regular and timely transfer from the head of ‘‘cigarette’’, ‘‘cigarette tobacco’’, and ‘‘smoke- TICIPATION OF AVAILABLE FEE COLLECTIONS.— such agency to the Secretary of the information less tobacco’’ as defined in section 900 of the Notwithstanding any other provision of law, fol- described in paragraphs (2)(B)(ii) and (4) and Federal Food, Drug, and Cosmetic Act; all necessary information regarding all tobacco lowing the enactment of an appropriation for (D) insert ‘‘or roll-your-own paper’’ in section product manufacturers and importers required fees under this section for fiscal year 2010, or 897.34(a) after ‘‘other than cigarettes or smoke- to pay user fees. The Secretary shall maintain any portion thereof, obligations for costs of to- less tobacco’’; all disclosure restrictions established by the bacco regulation activities during the start-up (E) include such modifications to section head of such agency regarding the information period may be incurred in anticipation of the re- 897.30(b), if any, that the Secretary determines provided under the memorandum of under- ceipt of offsetting fee collections through proce- are appropriate in light of governing First standing. dures specified in section 1534 of title 31, United Amendment case law, including the decision of ‘‘(B) ASSURANCES.—Beginning not later than States Code. the Supreme Court of the United States in fiscal year 2015, and for each subsequent fiscal ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— Lorillard Tobacco Co. v. Reilly (533 U.S. 525 year, the Secretary shall ensure that the Food For fiscal year 2009 and each subsequent fiscal (2001)); and Drug Administration is able to determine year, there is authorized to be appropriated for (F) become effective on the date that is 1 year the applicable percentages described in para- fees under this section an amount equal to the after the date of enactment of this Act; and graph (2) and the percentage shares described in amount specified in subsection (b)(1) for the fis- (G) amend paragraph (d) of section 897.16 to paragraph (4). The Secretary may carry out this cal year. read as follows: subparagraph by entering into a contract with ‘‘(d) COLLECTION OF UNPAID FEES.—In any ‘‘(d)(1) Except as provided in subparagraph the head of the Federal agency referred to in case where the Secretary does not receive pay- (2), no manufacturer, distributor, or retailer subparagraph (A) to continue to provide the ment of a fee assessed under subsection (a) may distribute or cause to be distributed any necessary information. within 30 days after it is due, such fee shall be free samples of cigarettes, smokeless tobacco, or ‘‘(c) CREDITING AND AVAILABILITY OF FEES.— treated as a claim of the United States Govern- other tobacco products (as such term is defined ‘‘(1) IN GENERAL.—Fees authorized under sub- ment subject to subchapter II of chapter 37 of in section 201 of the Federal Food, Drug, and section (a) shall be collected and available for title 31, United States Code. Cosmetic Act). obligation only to the extent and in the amount ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.—If ‘‘(2)(A) Subparagraph (1) does not prohibit a provided in advance in appropriations Acts, the date of enactment of the Family Smoking manufacturer, distributor, or retailer from dis- subject to paragraph (2)(D). Such fees are au- Prevention and Tobacco Control Act occurs dur- tributing or causing to be distributed free sam- thorized to remain available until expended. ing fiscal year 2009, the following applies, sub- ples of smokeless tobacco in a qualified adult- Such sums as may be necessary may be trans- ject to subsection (c): only facility. ferred from the Food and Drug Administration ‘‘(1) The Secretary shall determine the fees ‘‘(B) This subparagraph does not affect the salaries and expenses appropriation account that would apply for a single quarter of such authority of a State or local government to pro- without fiscal year limitation to such appropria- fiscal year according to the application of sub- hibit or otherwise restrict the distribution of free tion account for salaries and expenses with such section (b) to the amount specified in paragraph samples of smokeless tobacco. fiscal year limitation. (1)(A) of such subsection (referred to in this sub- ‘‘(C) For purposes of this paragraph, the term ‘‘(2) AVAILABILITY.— section as the ‘quarterly fee amounts’). ‘qualified adult-only facility’ means a facility or ‘‘(A) IN GENERAL.—Fees appropriated under ‘‘(2) For the quarter in which such date of en- restricted area that— paragraph (3) are available only for the purpose actment occurs, the amount of fees assessed ‘‘(i) requires each person present to provide to of paying the costs of the activities of the Food shall be a pro rata amount, determined accord- a law enforcement officer (whether on or off and Drug Administration related to the regula- ing to the number of days remaining in the duty) or to a security guard licensed by a gov- tion of tobacco products under this chapter and quarter (including such date of enactment) and ernmental entity government-issued identifica- the Family Smoking Prevention and Tobacco according to the daily equivalent of the quar- tion showing a photograph and at least the min- Control Act (referred to in this subsection as ‘to- terly fee amounts. Fees assessed under the pre- imum age established by applicable law for the bacco regulation activities’), except that such ceding sentence shall not be collected until the purchase of smokeless tobacco; fees may be used for the reimbursement specified next quarter. ‘‘(ii) does not sell, serve, or distribute alcohol; ‘‘(iii) is not located adjacent to or immediately in subparagraph (C). ‘‘(3) For the quarter following the quarter to ‘‘(B) PROHIBITION AGAINST USE OF OTHER across from (in any direction) a space that is which paragraph (2) applies, the full quarterly FUNDS.— used primarily for youth-oriented marketing, fee amounts shall be assessed and collected, in ‘‘(i) IN GENERAL.—Except as provided in promotional, or other activities; addition to collection of the pro rata fees as- clause (ii), fees collected under subsection (a) ‘‘(iv) is a temporary structure constructed, sessed under paragraph (2).’’. are the only funds authorized to be made avail- designated, and operated as a distinct enclosed (c) CONFORMING AMENDMENT.—Section 9(1) of able for tobacco regulation activities. area for the purpose of distributing free samples the Comprehensive Smokeless Tobacco Health ‘‘(ii) STARTUP COSTS.—Clause (i) does not of smokeless tobacco in accordance with this Education Act of 1986 (15 U.S.C. 4408(i)) is apply until October 1, 2009. Until such date, any subparagraph; amounts available to the Food and Drug Admin- amended to read as follows: ‘‘(v) is enclosed by a barrier that— istration (excluding user fees) shall be available ‘‘(1) The term ‘smokeless tobacco’ has the ‘‘(I) is constructed of, or covered with, an and allocated as needed to pay the costs of to- meaning given such term by section 900(18) of opaque material (except for entrances and bacco regulation activities. the Federal Food, Drug, and Cosmetic Act.’’. exits); ‘‘(C) REIMBURSEMENT OF START-UP SEC. 102. FINAL RULE. ‘‘(II) extends from no more than 12 inches AMOUNTS.— (a) CIGARETTES AND SMOKELESS TOBACCO.— above the ground or floor (which area at the

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bottom of the barrier must be covered with mate- (b) LIMITATION ON ADVISORY OPINIONS.—As of (13) by adding at the end the following: rial that restricts visibility but may allow air- the date of enactment of this Act, the following ‘‘(oo) The sale of tobacco products in violation flow) to at least 8 feet above the ground or floor documents issued by the Food and Drug Admin- of a no-tobacco-sale order issued under section (or to the ceiling); and istration shall not constitute advisory opinions 303(f). ‘‘(III) prevents persons outside the qualified under section 10.85(d)(1) of title 21, Code of Fed- ‘‘(pp) The introduction or delivery for intro- adult-only facility from seeing into the qualified eral Regulations, except as they apply to to- duction into interstate commerce of a tobacco adult-only facility, unless they make unreason- bacco products, and shall not be cited by the product in violation of section 911. able efforts to do so; and Secretary of Health and Human Services or the ‘‘(qq)(1) Forging, counterfeiting, simulating, ‘‘(vi) does not display on its exterior— Food and Drug Administration as binding or falsely representing, or without proper au- ‘‘(I) any tobacco product advertising; precedent: thority using any mark, stamp (including tax ‘‘(II) a brand name other than in conjunction (1) The preamble to the proposed rule in the stamp), tag, label, or other identification device with words for an area or enclosure to identify document titled ‘‘Regulations Restricting the upon any tobacco product or container or label- an adult-only facility; or Sale and Distribution of Cigarettes and Smoke- ing thereof so as to render such tobacco product ‘‘(III) any combination of words that would less Tobacco Products to Protect Children and a counterfeit tobacco product. imply to a reasonable observer that the manu- Adolescents’’ (60 Fed. Reg. 41314–41372 (August ‘‘(2) Making, selling, disposing of, or keeping facturer, distributor, or retailer has a sponsor- in possession, control, or custody, or concealing ship that would violate section 897.34(c). 11, 1995)). ‘‘(D) Distribution of samples of smokeless to- (2) The document titled ‘‘Nicotine in Ciga- any punch, die, plate, stone, or other item that bacco under this subparagraph permitted to be rettes and Smokeless Tobacco Products is a is designed to print, imprint, or reproduce the taken out of the qualified adult-only facility Drug and These Products Are Nicotine Delivery trademark, trade name, or other identifying shall be limited to 1 package per adult consumer Devices Under the Federal Food, Drug, and mark, imprint, or device of another or any like- containing no more than 0.53 ounces (15 grams) Cosmetic Act’’ (60 Fed. Reg. 41453–41787 (August ness of any of the foregoing upon any tobacco of smokeless tobacco. If such package of smoke- 11, 1995)). product or container or labeling thereof so as to (3) The preamble to the final rule in the docu- less tobacco contains individual portions of render such tobacco product a counterfeit to- ment titled ‘‘Regulations Restricting the Sale smokeless tobacco, the individual portions of bacco product. and Distribution of Cigarettes and Smokeless smokeless tobacco shall not exceed 8 individual ‘‘(3) The doing of any act that causes a to- Tobacco to Protect Children and Adolescents’’ portions and the collective weight of such indi- bacco product to be a counterfeit tobacco prod- (61 Fed. Reg. 44396–44615 (August 28, 1996)). vidual portions shall not exceed 0.53 ounces (15 uct, or the sale or dispensing, or the holding for (4) The document titled ‘‘Nicotine in Ciga- grams). Any manufacturer, distributor, or re- sale or dispensing, of a counterfeit tobacco prod- rettes and Smokeless Tobacco is a Drug and tailer who distributes or causes to be distributed uct. These Products are Nicotine Delivery Devices ‘‘(rr) The charitable distribution of tobacco free samples also shall take reasonable steps to Under the Federal Food, Drug, and Cosmetic products. ensure that the above amounts are limited to Act; Jurisdictional Determination’’ (61 Fed. Reg. ‘‘(ss) The failure of a manufacturer or dis- one such package per adult consumer per day. 44619–45318 (August 28, 1996)). ‘‘(3) Notwithstanding subparagraph (2), no tributor to notify the Attorney General and the manufacturer, distributor, or retailer may dis- SEC. 103. CONFORMING AND OTHER AMEND- Secretary of the Treasury of their knowledge of MENTS TO GENERAL PROVISIONS. tribute or cause to be distributed any free sam- tobacco products used in illicit trade. (a) AMENDMENT OF FEDERAL FOOD, DRUG, ples of smokeless tobacco— ‘‘(tt) Making any express or implied statement ‘‘(A) to a sports team or entertainment group; AND COSMETIC ACT.—Except as otherwise ex- or representation directed to consumers with re- or pressly provided, whenever in this section an spect to a tobacco product, in a label or labeling ‘‘(B) at any football, basketball, baseball, soc- amendment is expressed in terms of an amend- or through the media or advertising, that either cer, or hockey event or any other sporting or en- ment to, or repeal of, a section or other provi- conveys, or misleads or would mislead con- tertainment event determined by the Secretary sion, the reference is to a section or other provi- sumers into believing, that— to be covered by this subparagraph. sion of the Federal Food, Drug, and Cosmetic ‘‘(1) the product is approved by the Food and ‘‘(4) The Secretary shall implement a program Act (21 U.S.C. 301 et seq.). Drug Administration; to ensure compliance with this paragraph and (b) SECTION 301.—Section 301 (21 U.S.C. 331) is ‘‘(2) the Food and Drug Administration deems submit a report to the Congress on such compli- amended— the product to be safe for use by consumers; ance not later than 18 months after the date of (1) in subsection (a), by inserting ‘‘tobacco ‘‘(3) the product is endorsed by the Food and enactment of the Family Smoking Prevention product,’’ after ‘‘device,’’; Drug Administration for use by consumers; or and Tobacco Control Act. (2) in subsection (b), by inserting ‘‘tobacco ‘‘(4) the product is safe or less harmful by vir- ‘‘(5) Nothing in this paragraph shall be con- product,’’ after ‘‘device,’’; tue of— strued to authorize any person to distribute or (3) in subsection (c), by inserting ‘‘tobacco ‘‘(A) its regulation or inspection by the Food cause to be distributed any sample of a tobacco product,’’ after ‘‘device,’’; and Drug Administration; or (4) in subsection (e)— product to any individual who has not attained ‘‘(B) its compliance with regulatory require- (A) by striking the period after ‘‘572(i)’’; and the minimum age established by applicable law ments set by the Food and Drug Administration; (B) by striking ‘‘or 761 or the refusal to permit including any such statement or representation for the purchase of such product.’’. access to’’ and inserting ‘‘761, 909, or 920 or the (3) AMENDMENTS TO RULE.—Prior to making rendering the product misbranded under section refusal to permit access to’’; amendments to the rule published under para- 903.’’. (5) in subsection (g), by inserting ‘‘tobacco graph (1), the Secretary shall promulgate a pro- (c) SECTION 303.—Section 303(f) (21 U.S.C. product,’’ after ‘‘device,’’; 333(f)) is amended— posed rule in accordance with chapter 5 of title (6) in subsection (h), by inserting ‘‘tobacco (1) in paragraph (5)— 5, United States Code. product,’’ after ‘‘device,’’; (4) RULE OF CONSTRUCTION.—Except as pro- (A) by striking ‘‘paragraph (1), (2), (3), or (4)’’ (7) in subsection (j)— vided in paragraph (3), nothing in this section (A) by striking the period after ‘‘573’’; and each place such appears and inserting ‘‘para- shall be construed to limit the authority of the (B) by striking ‘‘708, or 721’’ and inserting graph (1), (2), (3), (4), or (9)’’; Secretary to amend, in accordance with chapter ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; (B) in subparagraph (A)— 5 of title 5, United States Code, the regulation (8) in subsection (k), by inserting ‘‘tobacco (i) by striking ‘‘assessed’’ the first time it ap- promulgated pursuant to this section, including product,’’ after ‘‘device,’’; pears and inserting ‘‘assessed, or a no-tobacco- the provisions of such regulation relating to dis- (9) by striking subsection (p) and inserting the sale order may be imposed,’’; and tribution of free samples. following: (ii) by striking ‘‘penalty’’ the second time it (5) ENFORCEMENT OF RETAIL SALE PROVI- ‘‘(p) The failure to register in accordance with appears and inserting ‘‘penalty, or upon whom SIONS.—The Secretary of Health and Human section 510 or 905, the failure to provide any in- a no-tobacco-sale order is to be imposed,’’; Services shall ensure that the provisions of this formation required by section 510(j), 510(k), (C) in subparagraph (B)— division, the amendments made by this division, 905(i), or 905(j), or the failure to provide a notice (i) by inserting after ‘‘penalty,’’ the following: and the implementing regulations (including required by section 510(j)(2) or 905(i)(3).’’; ‘‘or the period to be covered by a no-tobacco- such provisions, amendments, and regulations (10) by striking subsection (q)(1) and inserting sale order,’’; and relating to the retail sale of tobacco products) the following: (ii) by adding at the end the following: ‘‘A no- are enforced with respect to the United States ‘‘(q)(1) The failure or refusal— tobacco-sale order permanently prohibiting an and Indian tribes. ‘‘(A) to comply with any requirement pre- individual retail outlet from selling tobacco (6) QUALIFIED ADULT-ONLY FACILITY.—A scribed under section 518, 520(g), 903(b), 907, 908, products shall include provisions that allow the qualified adult-only facility (as such term is de- or 915; outlet, after a specified period of time, to request fined in section 897.16(d) of the final rule pub- ‘‘(B) to furnish any notification or other ma- that the Secretary compromise, modify, or termi- lished under paragraph (1)) that is also a re- terial or information required by or under sec- nate the order.’’; and tailer and that commits a violation as a retailer tion 519, 520(g), 904, 909, or 920; or (D) by adding at the end the following: shall not be subject to the limitations in section ‘‘(C) to comply with a requirement under sec- ‘‘(D) The Secretary may compromise, modify, 103(q) and shall be subject to penalties applica- tion 522 or 913.’’; or terminate, with or without conditions, any ble to a qualified adult-only facility. (11) in subsection (q)(2), by striking ‘‘device,’’ no-tobacco-sale order.’’; (7) CONGRESSIONAL REVIEW PROVISIONS.—Sec- and inserting ‘‘device or tobacco product,’’; (2) in paragraph (6)— tion 801 of title 5, United States Code, shall not (12) in subsection (r), by inserting ‘‘or tobacco (A) by inserting ‘‘or the imposition of a no-to- apply to the final rule published under para- product’’ after the term ‘‘device’’ each time that bacco-sale order’’ after the term ‘‘penalty’’ each graph (1). such term appears; and place such term appears; and

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(B) by striking ‘‘issued.’’ and inserting (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. ‘‘(C) recommendations or assessments of policy ‘‘issued, or on which the no-tobacco-sale order 355(n)(2)) is amended by striking ‘‘section 904’’ alternatives available to Congress and the exec- was imposed, as the case may be.’’; and and inserting ‘‘section 1004’’. utive branch to reduce any negative public (3) by adding at the end the following: (f) SECTION 523.—Section 523(b)(2)(D) (21 health impact caused by such exports. ‘‘(8) If the Secretary finds that a person has U.S.C. 360m(b)(2)(D)) is amended by striking ‘‘(2) The Secretary is authorized to establish committed repeated violations of restrictions ‘‘section 903(g)’’ and inserting ‘‘section 1003(g)’’. appropriate information disclosure requirements promulgated under section 906(d) at a particular (g) SECTION 702.—Section 702(a)(1) (U.S.C. to carry out this subsection.’’. retail outlet then the Secretary may impose a 372(a)(1)) is amended— (m) SECTION 1003.—Section 1003(d)(2)(C) (as no-tobacco-sale order on that person prohibiting (1) by striking ‘‘(a)(1)’’ and inserting redesignated by section 101(b)) is amended— the sale of tobacco products in that outlet. A no- ‘‘(a)(1)(A)’’; and (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; and tobacco-sale order may be imposed with a civil (2) by adding at the end the following: (2) inserting ‘‘, and tobacco products’’ after penalty under paragraph (1). Prior to the entry ‘‘(B)(i) For a tobacco product, to the extent ‘‘devices’’. of a no-sale order under this paragraph, a per- feasible, the Secretary shall contract with the (n) SECTION 1009.—Section 1009(b) (as redesig- son shall be entitled to a hearing pursuant to States in accordance with this paragraph to nated by section 101(b)) is amended by striking the procedures established through regulations carry out inspections of retailers within that ‘‘section 908’’ and inserting ‘‘section 1008’’. of the Food and Drug Administration for assess- State in connection with the enforcement of this (o) SECTION 409 OF THE FEDERAL MEAT IN- ing civil money penalties, including at a retail- Act. SPECTION ACT.—Section 409(a) of the Federal ‘‘(ii) The Secretary shall not enter into any er’s request a hearing by telephone, or at the Meat Inspection Act (21 U.S.C. 679(a)) is amend- contract under clause (i) with the government of nearest regional or field office of the Food and ed by striking ‘‘section 902(b)’’ and inserting any of the several States to exercise enforcement Drug Administration, or at a Federal, State, or ‘‘section 1002(b)’’. authority under this Act on Indian country county facility within 100 miles from the loca- (p) RULE OF CONSTRUCTION.—Nothing in this without the express written consent of the In- tion of the retail outlet, if such a facility is section is intended or shall be construed to ex- dian tribe involved.’’. available. pand, contract, or otherwise modify or amend (h) SECTION 703.—Section 703 (21 U.S.C. 373) is ‘‘(9) CIVIL MONETARY PENALTIES FOR VIOLA- the existing limitations on State government au- amended— thority over tribal restricted fee or trust lands. TION OF TOBACCO PRODUCT REQUIREMENTS.— (1) by inserting ‘‘tobacco product,’’ after the (q) GUIDANCE AND EFFECTIVE DATES.— ‘‘(A) IN GENERAL.—Subject to subparagraph term ‘‘device,’’ each place such term appears; (1) IN GENERAL.—The Secretary of Health and (B), any person who violates a requirement of and Human Services shall issue guidance— this Act which relates to tobacco products shall (2) by inserting ‘‘tobacco products,’’ after the (A) defining the term ‘‘repeated violation’’, as be liable to the United States for a civil penalty term ‘‘devices,’’ each place such term appears. in an amount not to exceed $15,000 for each (i) SECTION 704.—Section 704 (21 U.S.C. 374) is used in section 303(f)(8) of the Federal Food, such violation, and not to exceed $1,000,000 for amended— Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) as all such violations adjudicated in a single pro- (1) in subsection (a)(1)— amended by subsection (c), as including at least ceeding. (A) by striking ‘‘devices, or cosmetics’’ each 5 violations of particular requirements over a 36- ‘‘(B) ENHANCED PENALTIES.— place it appears and inserting ‘‘devices, tobacco month period at a particular retail outlet that ‘‘(i) Any person who intentionally violates a products, or cosmetics’’; constitute a repeated violation and providing requirement of section 902(5), 902(6), 904, 908(c), (B) by striking ‘‘or restricted devices’’ each for civil penalties in accordance with paragraph or 911(a), shall be subject to a civil monetary place it appears and inserting ‘‘restricted de- (2); penalty of— vices, or tobacco products’’; and (B) providing for timely and effective notice ‘‘(I) not to exceed $250,000 per violation, and (C) by striking ‘‘and devices and subject to’’ by certified or registered mail or personal deliv- not to exceed $1,000,000 for all such violations and all that follows through ‘‘other drugs or de- ery to the retailer of each alleged violation at a adjudicated in a single proceeding; or vices’’ and inserting ‘‘devices, and tobacco prod- particular retail outlet prior to conducting a fol- ‘‘(II) in the case of a violation that continues ucts and subject to reporting and inspection lowup compliance check, such notice to be sent after the Secretary provides written notice to under regulations lawfully issued pursuant to to the location specified on the retailer’s reg- such person, $250,000 for the first 30-day period section 505 (i) or (k), section 519, section 520(g), istration or to the retailer’s registered agent if (or any portion thereof) that the person con- or chapter IX and data relating to other drugs, the retailer has provider such agent information tinues to be in violation, and such amount shall devices, or tobacco products’’; to the Food and Drug Administration prior to double for every 30-day period thereafter that (2) in subsection (b), by inserting ‘‘tobacco the violation; the violation continues, not to exceed $1,000,000 product,’’ after ‘‘device,’’; and (C) providing for a hearing pursuant to the for any 30-day period, and not to exceed (3) in subsection (g)(13), by striking ‘‘section procedures established through regulations of $10,000,000 for all such violations adjudicated in 903(g)’’ and inserting ‘‘section 1003(g)’’. the Food and Drug Administration for assessing a single proceeding. (j) SECTION 705.—Section 705(b) (21 U.S.C. civil money penalties, including at a retailer’s ‘‘(ii) Any person who violates a requirement of 375(b)) is amended by inserting ‘‘tobacco prod- request a hearing by telephone or at the nearest section 911(g)(2)(C)(ii) or 911(i)(1), shall be sub- ucts,’’ after ‘‘devices,’’. regional or field office of the Food and Drug ject to a civil monetary penalty of— (k) SECTION 709.—Section 709 (21 U.S.C. 379a) Administration, and providing for an expedited ‘‘(I) not to exceed $250,000 per violation, and is amended by inserting ‘‘tobacco product,’’ procedure for the administrative appeal of an not to exceed $1,000,000 for all such violations after ‘‘device,’’. alleged violation; adjudicated in a single proceeding; or (l) SECTION 801.—Section 801 (21 U.S.C. 381) is (D) providing that a person may not be ‘‘(II) in the case of a violation that continues amended— charged with a violation at a particular retail after the Secretary provides written notice to (1) in subsection (a)— outlet unless the Secretary has provided notice (A) by inserting ‘‘tobacco products,’’ after the such person, $250,000 for the first 30-day period to the retailer of all previous violations at that term ‘‘devices,’’; (or any portion thereof) that the person con- (B) by inserting ‘‘or section 905(h)’’ after ‘‘sec- outlet; (E) establishing that civil money penalties for tinues to be in violation, and such amount shall tion 510’’; and double for every 30-day period thereafter that (C) by striking the term ‘‘drugs or devices’’ multiple violations shall increase from one viola- the violation continues, not to exceed $1,000,000 each time such term appears and inserting tion to the next violation pursuant to paragraph for any 30-day period, and not to exceed ‘‘drugs, devices, or tobacco products’’; (2) within the time periods provided for in such $10,000,000 for all such violations adjudicated in (2) in subsection (e)(1)— paragraph; a single proceeding. (A) by inserting ‘‘tobacco product’’ after (F) providing that good faith reliance on the ‘‘(iii) In determining the amount of a civil ‘‘drug, device,’’; and presentation of a false government-issued photo- penalty under clause (i)(II) or (ii)(II), the Sec- (B) by inserting ‘‘, and a tobacco product in- graphic identification that contains a date of retary shall take into consideration whether the tended for export shall not be deemed to be in birth does not constitute a violation of any min- person is making efforts toward correcting the violation of section 906(e), 907, 911, or 920(a),’’ imum age requirement for the sale of tobacco violation of the requirements of the section for before ‘‘if it—’’; and products if the retailer has taken effective steps which such person is subject to such civil pen- (3) by adding at the end the following: to prevent such violations, including— alty.’’. ‘‘(p)(1) Not later than 36 months after the date (i) adopting and enforcing a written policy (d) SECTION 304.—Section 304 (21 U.S.C. 334) is of enactment of the Family Smoking Prevention against sales to minors; amended— and Tobacco Control Act, and annually there- (ii) informing its employees of all applicable (1) in subsection (a)(2)— after, the Secretary shall submit to the Com- laws; (A) by striking ‘‘and’’ before ‘‘(D)’’; and mittee on Health, Education, Labor, and Pen- (iii) establishing disciplinary sanctions for em- (B) by striking ‘‘device.’’ and inserting the sions of the Senate and the Committee on En- ployee noncompliance; and following: ‘‘device, and (E) Any adulterated or ergy and Commerce of the House of Representa- (iv) requiring its employees to verify age by misbranded tobacco product.’’; tives, a report regarding— way of photographic identification or electronic (2) in subsection (d)(1), by inserting ‘‘tobacco ‘‘(A) the nature, extent, and destination of scanning device; and product,’’ after ‘‘device,’’; United States tobacco product exports that do (G) providing for the Secretary, in deter- (3) in subsection (g)(1), by inserting ‘‘or to- not conform to tobacco product standards estab- mining whether to impose a no-tobacco-sale bacco product’’ after the term ‘‘device’’ each lished pursuant to this Act; order and in determining whether to com- place such term appears; and ‘‘(B) the public health implications of such ex- promise, modify, or terminate such an order, to (4) in subsection (g)(2)(A), by inserting ‘‘or to- ports, including any evidence of a negative pub- consider whether the retailer has taken effective bacco product’’ after ‘‘device’’. lic health impact; and steps to prevent violations of the minimum age

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.017 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6647 requirements for the sale of tobacco products, Federal Food, Drug, and Cosmetic Act (as Comptroller General of the United States shall including the steps listed in subparagraph (F). amended by this division) shall take effect on conduct a study of, and submit to the Commit- (2) PENALTIES FOR VIOLATIONS.— the date that is 12 months after the date of en- tees described in subsection (a) a report con- (A) IN GENERAL.—The amount of the civil pen- actment of this Act. cerning— alty to be applied for violations of restrictions SEC. 104. STUDY ON RAISING THE MINIMUM AGE (1) the adequacy of the authority and re- promulgated under section 906(d), as described TO PURCHASE TOBACCO PRODUCTS. sources provided to the Secretary of Health and in paragraph (1), shall be as follows: The Secretary of Health and Human Services Human Services for this division to carry out its (i) With respect to a retailer with an approved shall— goals and purposes; and training program, the amount of the civil pen- (1) convene an expert panel to conduct a (2) any recommendations for strengthening alty shall not exceed— study on the public health implications of rais- that authority to more effectively protect the (I) in the case of the first violation, $0.00 to- ing the minimum age to purchase tobacco prod- public health with respect to the manufacture, gether with the issuance of a warning letter to ucts; and marketing, and distribution of tobacco products. (c) PUBLIC AVAILABILITY.—The Secretary of the retailer; (2) not later than 5 years after the date of en- Health and Human Services and the Comptroller (II) in the case of a second violation within a actment of this Act, submit a report to the Con- General of the United States, respectively, shall 12-month period, $250; gress on the results of such study. (III) in the case of a third violation within a make the reports required under subsection (a) SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- 24-month period, $500; and (b) available to the public, including by VERTISING AND PROMOTION RE- posting such reports on the respective Internet (IV) in the case of a fourth violation within a STRICTIONS. 24-month period, $2,000; websites of the Food and Drug Administration (a) ACTION PLAN.— (V) in the case of a fifth violation within a 36- and the Government Accountability Office. (1) DEVELOPMENT.—Not later than 6 months month period, $5,000; and after the date of enactment of this Act, the Sec- TITLE II—TOBACCO PRODUCT WARNINGS; (VI) in the case of a sixth or subsequent viola- retary of Health and Human Services (in this CONSTITUENT AND SMOKE CON- tion within a 48-month period, $10,000 as deter- section referred to as the ‘‘Secretary’’) shall de- STITUENT DISCLOSURE mined by the Secretary on a case-by-case basis. velop and publish an action plan to enforce re- SEC. 201. CIGARETTE LABEL AND ADVERTISING (ii) With respect to a retailer that does not strictions adopted pursuant to section 906 of the WARNINGS. have an approved training program, the amount Federal Food, Drug, and Cosmetic Act, as added (a) AMENDMENT.—Section 4 of the Federal of the civil penalty shall not exceed— by section 101(b) of this division, or pursuant to Cigarette Labeling and Advertising Act (15 (I) in the case of the first violation, $250; section 102(a) of this division, on promotion and U.S.C. 1333) is amended to read as follows: (II) in the case of a second violation within a ‘‘SEC. 4. LABELING. 12-month period, $500; advertising of menthol and other cigarettes to youth. ‘‘(a) LABEL REQUIREMENTS.— (III) in the case of a third violation within a N GENERAL (2) CONSULTATION.—The action plan required ‘‘(1) I .—It shall be unlawful for 24-month period, $1,000; any person to manufacture, package, sell, offer (IV) in the case of a fourth violation within a by paragraph (1) shall be developed in consulta- tion with public health organizations and other to sell, distribute, or import for sale or distribu- 24-month period, $2,000; tion within the United States any cigarettes the (V) in the case of a fifth violation within a 36- stakeholders with demonstrated expertise and experience in serving minority communities. package of which fails to bear, in accordance month period, $5,000; and with the requirements of this section, one of the (VI) in the case of a sixth or subsequent viola- (3) PRIORITY.—The action plan required by paragraph (1) shall include provisions designed following labels: tion within a 48-month period, $10,000 as deter- ‘‘WARNING: Cigarettes are addictive. mined by the Secretary on a case-by-case basis. to ensure enforcement of the restrictions de- ‘‘WARNING: Tobacco smoke can harm your (B) TRAINING PROGRAM.—For purposes of sub- scribed in paragraph (1) in minority commu- children. paragraph (A), the term ‘‘approved training nities. ‘‘WARNING: Cigarettes cause fatal lung dis- program’’ means a training program that com- (b) STATE AND LOCAL ACTIVITIES.— ease. plies with standards developed by the Food and (1) INFORMATION ON AUTHORITY.—Not later ‘‘WARNING: Cigarettes cause cancer. Drug Administration for such programs. than 3 months after the date of enactment of ‘‘WARNING: Cigarettes cause strokes and (C) CONSIDERATION OF STATE PENALTIES.—The this Act, the Secretary shall inform State, local, heart disease. Secretary shall coordinate with the States in en- and tribal governments of the authority pro- ‘‘WARNING: Smoking during pregnancy can forcing the provisions of this Act and, for pur- vided to such entities under section 5(c) of the harm your baby. poses of mitigating a civil penalty to be applied Federal Cigarette Labeling and Advertising Act, ‘‘WARNING: Smoking can kill you. for a violation by a retailer of any restriction as added by section 203 of this division, or pre- ‘‘WARNING: Tobacco smoke causes fatal lung promulgated under section 906(d), shall consider served by such entities under section 916 of the disease in nonsmokers. ‘‘WARNING: Quitting smoking now greatly the amount of any penalties paid by the retailer Federal Food, Drug, and Cosmetic Act, as added reduces serious risks to your health. to a State for the same violation. by section 101(b) of this division. LACEMENT TYPOGRAPHY ETC (2) COMMUNITY ASSISTANCE.—At the request of ‘‘(2) P ; ; .—Each (3) GENERAL EFFECTIVE DATE.—The amend- label statement required by paragraph (1) shall ments made by paragraphs (2), (3), and (4) of communities seeking assistance to prevent un- derage tobacco use, the Secretary shall provide be located in the upper portion of the front and subsection (c) shall take effect upon the rear panels of the package, directly on the pack- issuance of guidance described in paragraph (1) such assistance, including assistance with strat- egies to address the prevention of underage to- age underneath the cellophane or other clear of this subsection. wrapping. Each label statement shall comprise (4) SPECIAL EFFECTIVE DATE.—The amendment bacco use in communities with a dispropor- the top 50 percent of the front and rear panels made by subsection (c)(1) shall take effect on tionate use of menthol cigarettes by minors. of the package. The word ‘WARNING’ shall ap- the date of enactment of this Act. SEC. 106. STUDIES OF PROGRESS AND EFFEC- pear in capital letters and all text shall be in (5) PACKAGE LABEL REQUIREMENTS.—The TIVENESS. conspicuous and legible 17-point type, unless package label requirements of paragraphs (3) (a) FDA REPORT.—Not later than 3 years the text of the label statement would occupy and (4) of section 903(a) of the Federal Food, after the date of enactment of this Act, and not more than 70 percent of such area, in which Drug, and Cosmetic Act (as amended by this di- less than every 2 years thereafter, the Secretary case the text may be in a smaller conspicuous vision) shall take effect on the date that is 12 of Health and Human Services shall submit to and legible type size, provided that at least 60 months after the date of enactment of this Act. the Committee on Health, Education, Labor, percent of such area is occupied by required The package label requirements of paragraph (2) and Pensions of the Senate and the Committee text. The text shall be black on a white back- of such section 903(a) for cigarettes shall take on Energy and Commerce of the House of Rep- ground, or white on a black background, in a effect on the date that is 15 months after the resentatives, a report concerning— manner that contrasts, by typography, layout, issuance of the regulations required by section (1) the progress of the Food and Drug Admin- or color, with all other printed material on the 4(d) of the Federal Cigarette Labeling and Ad- istration in implementing this division, includ- package, in an alternating fashion under the vertising Act (15 U.S.C. 1333), as amended by ing major accomplishments, objective measure- plan submitted under subsection (c). ments of progress, and the identification of any section 201 of this division. The package label ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- areas that have not been fully implemented; requirements of paragraph (2) of such section TION.—The provisions of this subsection do not 903(a) for tobacco products other than cigarettes (2) impediments identified by the Food and apply to a tobacco product manufacturer or dis- shall take effect on the date that is 12 months Drug Administration to progress in imple- tributor of cigarettes which does not manufac- after the date of enactment of this Act. The ef- menting this division and to meeting statutory ture, package, or import cigarettes for sale or fective date shall be with respect to the date of timeframes; distribution within the United States. manufacture, provided that, in any case, begin- (3) data on the number of new product appli- ‘‘(4) APPLICABILITY TO RETAILERS.—A retailer ning 30 days after such effective date, a manu- cations received under section 910 of the Federal of cigarettes shall not be in violation of this sub- facturer shall not introduce into the domestic Food, Drug, and Cosmetic Act and modified risk section for packaging that— commerce of the United States any product, irre- product applications received under section 911 ‘‘(A) contains a warning label; spective of the date of manufacture, that is not of such Act, and the number of applications ‘‘(B) is supplied to the retailer by a license- or in conformance with section 903(a) (2), (3), and acted on under each category; and permit-holding tobacco product manufacturer, (4) and section 920(a) of the Federal Food, (4) data on the number of full time equivalents importer, or distributor; and Drug, and Cosmetic Act. engaged in implementing this division. ‘‘(C) is not altered by the retailer in a way (6) ADVERTISING REQUIREMENTS.—The adver- (b) GAO REPORT.—Not later than 5 years that is material to the requirements of this sub- tising requirements of section 903(a)(8) of the after the date of enactment of this Act, the section.

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

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The text of any such Commission. section (a) in smokeless tobacco advertising label statements or disclosures shall be required ‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT shall comply with the standards set forth in this to appear only within the 20 percent area of ad- CONSTITUENTS.—In addition to the disclosures paragraph. vertisements provided by paragraph (2). The required by paragraph (1), the Secretary may, ‘‘(B) For press and poster advertisements, Secretary shall promulgate regulations which under a rulemaking conducted under section 553 each such statement and (where applicable) any provide for adjustments in the format and type of title 5, United States Code, prescribe disclo- required statement relating to tar, nicotine, or sizes of any text required to appear in such area sure requirements regarding the level of any cig- other constituent yield shall comprise at least 20 to ensure that the total text required to appear arette or other tobacco product constituent in- percent of the area of the advertisement. by law will fit within such area. cluding any smoke constituent. Any such disclo- ‘‘(C) The word ‘WARNING’ shall appear in ‘‘(c) TELEVISION AND RADIO ADVERTISING.—It sure may be required if the Secretary determines capital letters, and each label statement shall is unlawful to advertise smokeless tobacco on that disclosure would be of benefit to the public appear in conspicuous and legible type. any medium of electronic communications sub- health, or otherwise would increase consumer ‘‘(D) The text of the label statement shall be ject to the jurisdiction of the Federal Commu- awareness of the health consequences of the use black on a white background, or white on a nications Commission.’’. of tobacco products, except that no such pre- black background, in an alternating fashion (b) EFFECTIVE DATE.—The amendment made scribed disclosure shall be required on the face under the plan submitted under paragraph (3). by subsection (a) shall take effect 12 months of any cigarette package or advertisement. ‘‘(E) The label statements shall be enclosed by after the date of enactment of this Act. Such ef- Nothing in this section shall prohibit the Sec- a rectangular border that is the same color as fective date shall be with respect to the date of retary from requiring such prescribed disclosure the letters of the statements and that is the manufacture, provided that, in any case, begin- through a cigarette or other tobacco product width of the first downstroke of the capital ‘W’ ning 30 days after such effective date, a manu- package or advertisement insert, or by any other of the word ‘WARNING’ in the label statements. facturer shall not introduce into the domestic means under the Federal Food, Drug, and Cos- ‘‘(F) The text of such label statements shall be commerce of the United States any product, irre- metic Act. in a typeface pro rata to the following require- spective of the date of manufacture, that is not ‘‘(4) RETAILERS.—This subsection applies to a ments: 45-point type for a whole-page in conformance with section 3 of the Com- retailer only if that retailer is responsible for or broadsheet newspaper advertisement; 39-point prehensive Smokeless Tobacco Health Education directs the label statements required under this type for a half-page broadsheet newspaper ad- Act of 1986 (15 U.S.C. 4402), as amended by sub- section.’’. vertisement; 39-point type for a whole-page tab- section (a). TITLE III—PREVENTION OF ILLICIT loid newspaper advertisement; 27-point type for SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- TRADE IN TOBACCO PRODUCTS a half-page tabloid newspaper advertisement; BACCO PRODUCT WARNING LABEL 31.5-point type for a double page spread maga- STATEMENTS. SEC. 301. LABELING, RECORDKEEPING, RECORDS INSPECTION. zine or whole-page magazine advertisement; (a) IN GENERAL.—Section 3 of the Comprehen- 22.5-point type for a 28 centimeter by 3 column sive Smokeless Tobacco Health Education Act of Chapter IX of the Federal Food, Drug, and advertisement; and 15-point type for a 20 centi- 1986 (15 U.S.C. 4402), as amended by section 204, Cosmetic Act, as added by section 101, is further meter by 2 column advertisement. is further amended by adding at the end the fol- amended by adding at the end the following: ‘‘(G) The label statements shall be in English, lowing: ‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS except that— ‘‘(d) AUTHORITY TO REVISE WARNING LABEL INSPECTION. ‘‘(i) in the case of an advertisement that ap- STATEMENTS.—The Secretary may, by a rule- ‘‘(a) ORIGIN LABELING.— pears in a newspaper, magazine, periodical, or making conducted under section 553 of title 5, ‘‘(1) REQUIREMENT.—Beginning 1 year after other publication that is not in English, the United States Code, adjust the format, type size, the date of enactment of the Family Smoking statements shall appear in the predominant lan- and text of any of the label requirements, re- Prevention and Tobacco Control Act, the label, guage of the publication; and quire color graphics to accompany the text, in- packaging, and shipping containers of tobacco ‘‘(ii) in the case of any other advertisement crease the required label area from 30 percent up products other than cigarettes for introduction that is not in English, the statements shall ap- to 50 percent of the front and rear panels of the or delivery for introduction into interstate com- pear in the same language as that principally package, or establish the format, type size, and merce in the United States shall bear the state- used in the advertisement. text of any other disclosures required under the ment ‘sale only allowed in the United States’. ‘‘(3)(A) The label statements specified in sub- Federal Food, Drug, and Cosmetic Act, if the Beginning 15 months after the issuance of the section (a)(1) shall be randomly displayed in Secretary finds that such a change would pro- regulations required by section 4(d) of the Fed- each 12-month period, in as equal a number of mote greater public understanding of the risks eral Cigarette Labeling and Advertising Act (15 times as is possible on each brand of the product associated with the use of smokeless tobacco U.S.C. 1333), as amended by section 201 of Fam- and be randomly distributed in all areas of the products.’’. ily Smoking Prevention and Tobacco Control United States in which the product is marketed (b) PREEMPTION.—Section 7(a) of the Com- Act, the label, packaging, and shipping con- in accordance with a plan submitted by the to- prehensive Smokeless Tobacco Health Education tainers of cigarettes for introduction or delivery bacco product manufacturer, importer, dis- Act of 1986 (15 U.S.C. 4406(a)) is amended by for introduction into interstate commerce in the tributor, or retailer and approved by the Sec- striking ‘‘No’’ and inserting ‘‘Except as provided United States shall bear the statement ‘Sale retary. in the Family Smoking Prevention and Tobacco only allowed in the United States’. ‘‘(B) The label statements specified in sub- Control Act (and the amendments made by that ‘‘(2) EFFECTIVE DATE.—The effective date section (a)(1) shall be rotated quarterly in alter- Act), no’’. specified in paragraph (1) shall be with respect nating sequence in advertisements for each SEC. 206. TAR, NICOTINE, AND OTHER SMOKE to the date of manufacture, provided that, in brand of smokeless tobacco product in accord- CONSTITUENT DISCLOSURE TO THE any case, beginning 30 days after such effective ance with a plan submitted by the tobacco prod- PUBLIC. date, a manufacturer shall not introduce into uct manufacturer, importer, distributor, or re- Section 4 of the Federal Cigarette Labeling the domestic commerce of the United States any tailer to, and approved by, the Secretary. and Advertising Act (15 U.S.C. 1333), as amend- product, irrespective of the date of manufacture, ‘‘(C) The Secretary shall review each plan ed by sections 201 and 202, is further amended that is not in conformance with such para- submitted under subparagraphs (A) and (B) and by adding at the end the following: graph. approve it if the plan— ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- ‘‘(b) REGULATIONS CONCERNING RECORD- ‘‘(i) will provide for the equal distribution and STITUENT DISCLOSURE.— KEEPING FOR TRACKING AND TRACING.— display on packaging and the rotation required ‘‘(1) IN GENERAL.—The Secretary shall, by a ‘‘(1) IN GENERAL.—The Secretary shall pro- in advertising under this subsection; and rulemaking conducted under section 553 of title mulgate regulations regarding the establishment ‘‘(ii) assures that all of the labels required 5, United States Code, determine (in the Sec- and maintenance of records by any person who under this section will be displayed by the to- retary’s sole discretion) whether cigarette and manufactures, processes, transports, distributes, bacco product manufacturer, importer, dis- other tobacco product manufacturers shall be receives, packages, holds, exports, or imports to- tributor, or retailer at the same time. required to include in the area of each cigarette bacco products. ‘‘(D) This paragraph applies to a retailer only advertisement specified by subsection (b) of this ‘‘(2) INSPECTION.—In promulgating the regula- if that retailer is responsible for or directs the section, or on the package label, or both, the tar tions described in paragraph (1), the Secretary label statements under this section, unless the and nicotine yields of the advertised or pack- shall consider which records are needed for in- retailer displays, in a location open to the pub- aged brand. Any such disclosure shall be in ac- spection to monitor the movement of tobacco lic, an advertisement that does not contain a cordance with the methodology established products from the point of manufacture through warning label or has been altered by the retailer under such regulations, shall conform to the distribution to retail outlets to assist in inves- in a way that is material to the requirements of type size requirements of subsection (b) of this tigating potential illicit trade, smuggling, or this subsection. section, and shall appear within the area speci- counterfeiting of tobacco products. ‘‘(4) The Secretary may, through a rule- fied in subsection (b) of this section. ‘‘(3) CODES.—The Secretary may require codes making under section 553 of title 5, United ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- on the labels of tobacco products or other de- States Code, adjust the format and type sizes for ferences between the requirements established signs or devices for the purpose of tracking or the label statements required by this section; the by the Secretary under paragraph (1) and tar tracing the tobacco product through the dis- text, format, and type sizes of any required tar, and nicotine yield reporting requirements estab- tribution system.

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‘‘(4) SIZE OF BUSINESS.—The Secretary shall to the Committee on Health, Education, Labor, ‘‘(ii) decline automatic enrollment altogether. take into account the size of a business in pro- and Pensions of the Senate and the Committee ‘‘(D)(i) Except as provided in clause (ii), for mulgating regulations under this section. on Energy and Commerce of the House of Rep- purposes of this paragraph, the term ‘eligible in- ‘‘(5) RECORDKEEPING BY RETAILERS.—The Sec- resentatives a report on the study described in dividual’ means any individual who, after any retary shall not require any retailer to maintain subsection (a). regulations under subparagraph (A) first take records relating to individual purchasers of to- (c) DEFINITION.—In this section: effect, is appointed, transferred, or reappointed bacco products for personal consumption. (1) The term ‘‘cross-border trade’’ means trade to a position in which that individual becomes ‘‘(c) RECORDS INSPECTION.—If the Secretary across a border of the United States, a State or eligible to contribute to the Thrift Savings has a reasonable belief that a tobacco product is Territory, or Indian country. Fund. part of an illicit trade or smuggling or is a coun- (2) The term ‘‘Indian country’’ has the mean- ‘‘(ii) Members of the uniformed services shall terfeit product, each person who manufactures, ing given to such term in section 1151 of title 18, not be eligible individuals for purposes of this processes, transports, distributes, receives, United States Code. paragraph. holds, packages, exports, or imports tobacco (3) The terms ‘‘State’’ and ‘‘Territory’’ have ‘‘(E) Sections 8351(a)(1), 8440a(a)(1), products shall, at the request of an officer or the meanings given to those terms in section 201 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and employee duly designated by the Secretary, per- of the Federal Food, Drug, and Cosmetic Act (21 8440e(a)(1) shall be applied in a manner con- mit such officer or employee, at reasonable times U.S.C. 321). sistent with the purposes of this paragraph.’’. (b) TECHNICAL AMENDMENT.—Section and within reasonable limits and in a reason- DIVISION B—FEDERAL RETIREMENT 8432(b)(1) of title 5, United States Code, is able manner, upon the presentation of appro- REFORM ACT amended by striking the parenthetical matter in priate credentials and a written notice to such SEC. 100. SHORT TITLE; TABLE OF CONTENTS. person, to have access to and copy all records subparagraph (B). (a) SHORT TITLE.—This division may be cited (including financial records) relating to such ar- SEC. 103. QUALIFIED ROTH CONTRIBUTION PRO- as the ‘‘Federal Retirement Reform Act of 2009’’. ticle that are needed to assist the Secretary in GRAM. (b) TABLE OF CONTENTS.—The table of con- (a) IN GENERAL.—Subchapter III of chapter 84 investigating potential illicit trade, smuggling, tents for this division is as follows: or counterfeiting of tobacco products. The Sec- of title 5, United States Code, is amended by in- retary shall not authorize an officer or employee DIVISION B—FEDERAL RETIREMENT serting after section 8432c the following: of the government of any of the several States to REFORM ACT ‘‘§ 8432d. Qualified Roth contribution pro- exercise authority under the preceding sentence Sec. 100. Short title; table of contents. gram on Indian country without the express written TITLE I—PROVISIONS RELATING TO ‘‘(a) DEFINITIONS.—For purposes of this sec- consent of the Indian tribe involved. FEDERAL EMPLOYEES RETIREMENT tion— ‘‘(d) KNOWLEDGE OF ILLEGAL TRANSACTION.— Sec. 101. Short title. ‘‘(1) the term ‘qualified Roth contribution pro- ‘‘(1) NOTIFICATION.—If the manufacturer or Sec. 102. Automatic enrollments and immediate gram’ means a program described in paragraph distributor of a tobacco product has knowledge employing agency contributions. (1) of section 402A(b) of the Internal Revenue which reasonably supports the conclusion that Sec. 103. Qualified Roth contribution program. Code of 1986 which meets the requirements of a tobacco product manufactured or distributed Sec. 104. Authority to establish mutual fund paragraph (2) of such section; and by such manufacturer or distributor that has window. ‘‘(2) the terms ‘designated Roth contribution’ left the control of such person may be or has Sec. 105. Reporting requirements. and ‘elective deferral’ have the meanings given been— Sec. 106. Acknowledgment of risk. such terms in section 402A of the Internal Rev- ‘‘(A) imported, exported, distributed, or of- Sec. 107. Subpoena authority. enue Code of 1986. fered for sale in interstate commerce by a person Sec. 108. Amounts in Thrift Savings Funds sub- ‘‘(b) AUTHORITY TO ESTABLISH.—The Execu- without paying duties or taxes required by law; ject to legal proceedings. tive Director shall by regulation provide for the or Sec. 109. Accounts for surviving spouses. inclusion in the Thrift Savings Plan of a quali- ‘‘(B) imported, exported, distributed, or di- Sec. 110. Treatment of members of the uni- fied Roth contribution program, under such verted for possible illicit marketing, formed services under the Thrift terms and conditions as the Board may pre- the manufacturer or distributor shall promptly Savings Plan. scribe. notify the Attorney General and the Secretary ‘‘(c) REQUIRED PROVISIONS.—The regulations TITLE II—SPECIAL SURVIVOR INDEMNITY of the Treasury of such knowledge. under subsection (b) shall include— ALLOWANCE FOR SURVIVING SPOUSES ‘‘(2) KNOWLEDGE DEFINED.—For purposes of ‘‘(1) provisions under which an election to OF ARMED FORCES MEMBERS this subsection, the term ‘knowledge’ as applied make designated Roth contributions may be to a manufacturer or distributor means— Sec. 201. Increase in monthly amount of special made— ‘‘(A) the actual knowledge that the manufac- survivor indemnity allowance for ‘‘(A) by any individual who is eligible to make turer or distributor had; or widows and widowers of deceased contributions under section 8351, 8432(a), 8440a, ‘‘(B) the knowledge which a reasonable per- members of the Armed Forces af- 8440b, 8440c, 8440d, or 8440e; and son would have had under like circumstances or fected by required Survivor Ben- ‘‘(B) by any individual, not described in sub- which would have been obtained upon the exer- efit Plan annuity offset for de- paragraph (A), who is otherwise eligible to make cise of due care. pendency and indemnity com- elective deferrals under the Thrift Savings Plan; ‘‘(2) any provisions which may, as a result of ‘‘(e) CONSULTATION.—In carrying out this sec- pensation. enactment of this section, be necessary in order tion, the Secretary shall consult with the Attor- TITLE I—PROVISIONS RELATING TO to clarify the meaning of any reference to an ney General of the United States and the Sec- FEDERAL EMPLOYEES RETIREMENT retary of the Treasury, as appropriate.’’. ‘account’ made in section 8432(f), 8433, 8434(d), SEC. 101. SHORT TITLE. 8435, 8437, or any other provision of law; and SEC. 302. STUDY AND REPORT. This title may be cited as the ‘‘Thrift Savings ‘‘(3) any other provisions which may be nec- (a) STUDY.—The Comptroller General of the Plan Enhancement Act of 2009’’. essary to carry out this section.’’. United States shall conduct a study of cross-bor- SEC. 102. AUTOMATIC ENROLLMENTS AND IMME- (b) CLERICAL AMENDMENT.—The analysis for der trade in tobacco products to— DIATE EMPLOYING AGENCY CON- chapter 84 of title 5, United States Code, is (1) collect data on cross-border trade in to- TRIBUTIONS. amended by inserting after the item relating to bacco products, including illicit trade and trade (a) IN GENERAL.—Section 8432(b) of title 5, section 8432c the following: of counterfeit tobacco products and make rec- United States Code, is amended by striking ‘‘8432d. Qualified Roth contribution program.’’. ommendations on the monitoring of such trade; paragraphs (2) through (4) and inserting the fol- SEC. 104. AUTHORITY TO ESTABLISH MUTUAL (2) collect data on cross-border advertising lowing: FUND WINDOW. (any advertising intended to be broadcast, ‘‘(2)(A) The Executive Director shall by regu- (a) IN GENERAL.—Section 8438(b)(1) of title 5, transmitted, or distributed from the United lation provide for an eligible individual to be United States Code, is amended— States to another country) of tobacco products automatically enrolled to make contributions (1) in subparagraph (D), by striking ‘‘and’’ at and make recommendations on how to prevent under subsection (a) at the default percentage the end; or eliminate, and what technologies could help of basic pay. (2) in subparagraph (E), by striking the period facilitate the elimination of, cross-border adver- ‘‘(B) For purposes of this paragraph, the de- and inserting ‘‘; and’’; and tising; and fault percentage shall be equal to 3 percent or (3) by adding after subparagraph (E) the fol- (3) collect data on the health effects (particu- such other percentage, not less than 2 percent lowing: larly with respect to individuals under 18 years nor more than 5 percent, as the Board may pre- ‘‘(F) a service that enables participants to in- of age) resulting from cross-border trade in to- scribe. vest in mutual funds, if the Board authorizes bacco products, including the health effects re- ‘‘(C) The regulations shall include provisions the mutual fund window under paragraph (5).’’. sulting from— under which any individual who would other- (b) REQUIREMENTS.—Section 8438(b) of title 5, (A) the illicit trade of tobacco products and wise be automatically enrolled in accordance United States Code, is amended by adding at the the trade of counterfeit tobacco products; and with subparagraph (A) may— end the following: (B) the differing tax rates applicable to to- ‘‘(i) modify the percentage or amount to be ‘‘(5)(A) The Board may authorize the addition bacco products. contributed pursuant to automatic enrollment, of a mutual fund window under the Thrift Sav- (b) REPORT.—Not later than 18 months after effective not later than the first full pay period ings Plan if the Board determines that such ad- the date of enactment of this Act, the Comp- following receipt of the election by the appro- dition would be in the best interests of partici- troller General of the United States shall submit priate processing entity; or pants.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.018 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6651 ‘‘(B) The Board shall ensure that any ex- (1) by redesignating subparagraph (C) as sub- drawal options under subsection (b) as the em- penses charged for use of the mutual fund win- paragraph (C)(i); and ployee or Member were the employee or Member dow are borne solely by the participants who (2) by adding at the end the following: living. use such window. ‘‘(ii) A fiduciary shall not be liable under sub- ‘‘(B) The spouse may not make withdrawals ‘‘(C) The Board may establish such other paragraph (A), and no civil action may be under subsection (g) or (h). terms and conditions for the mutual fund win- brought against a fiduciary— ‘‘(C) The spouse may not make contributions dow as the Board considers appropriate to pro- ‘‘(I) for providing for the automatic enroll- or transfers to the account. tect the interests of participants, including re- ment of a participant in accordance with section ‘‘(D) The account shall be disbursed upon the quirements relating to risk disclosure. 8432(b)(2)(A); death of the surviving spouse. A beneficiary or ‘‘(D) The Board shall consult with the Em- ‘‘(II) for enrolling a participant in a default surviving spouse of a deceased spouse who has ployee Thrift Advisory Council (established investment fund in accordance with section inherited an account is ineligible to maintain under section 8473) before authorizing the addi- 8438(c)(2); or the inherited spousal account. ‘‘(3) The Executive Director shall prescribe tion of a mutual fund window or establishing a ‘‘(III) for allowing a participant to invest regulations to carry out this subsection.’’. service that enables participants to invest in through the mutual fund window or for estab- mutual funds.’’. lishing restrictions applicable to participants’ SEC. 110. TREATMENT OF MEMBERS OF THE UNI- FORMED SERVICES UNDER THE ECHNICAL AND ONFORMING MEND ability to invest through the mutual fund win- (c) T C A - THRIFT SAVINGS PLAN. MENT dow.’’. .—Section 8438(d)(1) of title 5, United (a) SENSE OF CONGRESS.—It is the sense of States Code, is amended by inserting ‘‘and op- SEC. 107. SUBPOENA AUTHORITY. Congress that— tions’’ after ‘‘investment funds’’. (a) IN GENERAL.—Chapter 84 of title 5, United (1) members of the uniformed services should SEC. 105. REPORTING REQUIREMENTS. States Code, is amended by inserting after sec- have a retirement system that is at least as gen- (a) ANNUAL REPORT.—The Board shall, not tion 8479 the following: erous as the one which is available to Federal later than June 30 of each year, submit to Con- ‘‘§ 8480. Subpoena authority civilian employees; and gress an annual report on the operations of the ‘‘(a) In order to carry out the responsibilities (2) Federal civilian employees receive match- Thrift Savings Plan. Such report shall include, specified in this subchapter and subchapter III ing contributions from their employing agencies for the prior calendar year, information on the of this chapter, the Executive Director may issue for their contributions to the Thrift Savings number of participants as of the last day of subpoenas commanding each person to whom Fund, but the costs of requiring such a match- such prior calendar year, the median balance in the subpoena is directed to produce designated ing contribution from the Department of De- participants’ accounts as of such last day, de- books, documents, records, electronically stored fense could be significant. mographic information on participants, the per- information, or tangible materials in the posses- (b) REPORTING REQUIREMENT.—Not later than centage allocation of amounts among investment sion or control of that individual. 180 days after the date of the enactment of this funds or options, the status of the development ‘‘(b) Notwithstanding any Federal, State, or Act, the Secretary of Defense shall report to and implementation of the mutual fund window, local law, any person, including officers, Congress on— the diversity demographics of any company, in- agents, and employees, receiving a subpoena (1) the cost to the Department of Defense of vestment adviser, or other entity retained to in- under this section, who complies in good faith providing a matching payment with respect to vest and manage the assets of the Thrift Savings with the subpoena and thus produces the mate- contributions made to the Thrift Savings Fund Fund, and such other information as the Board rials sought, shall not be liable in any court of by members of the Armed Forces; considers appropriate. A copy of each annual any State or the United States to any indi- (2) the effect that requiring such a matching report under this subsection shall be made avail- vidual, domestic or foreign corporation or upon payment would have on recruitment and reten- able to the public through an Internet website. a partnership or other unincorporated associa- tion; and (3) any other information that the Secretary (b) REPORTING OF FEES AND OTHER INFORMA- tion for such production. of Defense considers appropriate. TION.— ‘‘(c) When a person fails to obey a subpoena (1) IN GENERAL.—The Board shall include in issued under this section, the district court of TITLE II—SPECIAL SURVIVOR INDEMNITY the periodic statements provided to participants the United States for the district in which the ALLOWANCE FOR SURVIVING SPOUSES under section 8439(c) of title 5, United States investigation is conducted or in which the per- OF ARMED FORCES MEMBERS Code, the amount of the investment manage- son failing to obey is found, shall on proper ap- SEC. 201. INCREASE IN MONTHLY AMOUNT OF ment fees, administrative expenses, and any plication issue an order directing that person to SPECIAL SURVIVOR INDEMNITY AL- other fees or expenses paid with respect to each comply with the subpoena. The court may pun- LOWANCE FOR WIDOWS AND WID- investment fund and option under the Thrift OWERS OF DECEASED MEMBERS OF ish as contempt any disobedience of its order. THE ARMED FORCES AFFECTED BY Savings Plan. Any such statement shall also ‘‘(d) The Executive Director shall prescribe REQUIRED SURVIVOR BENEFIT PLAN provide a statement notifying participants as to regulations to carry out subsection (a).’’. ANNUITY OFFSET FOR DEPENDENCY how they may access the annual report de- (b) TECHNICAL AND CONFORMING AMEND- AND INDEMNITY COMPENSATION. scribed in subsection (a), as well as any other MENT.—The table of sections for chapter 84 of (a) PAYMENT AMOUNT PER FISCAL YEAR.— information concerning the Thrift Savings Plan title 5, United States Code, is amended by insert- Paragraph (2) of section 1450(m) of title 10, that might be useful. ing after the item relating to section 8479 the fol- United States Code, is amended— (2) USE OF ESTIMATES.—For purposes of pro- lowing: (1) in subparagraph (E), by striking ‘‘and’’ viding the information required under this sub- ‘‘8480. Subpoena authority.’’. after the semicolon; and (2) by striking subparagraph (F) and inserting section, the Board may provide a reasonable SEC. 108. AMOUNTS IN THRIFT SAVINGS FUNDS and representative estimate of any fees or ex- SUBJECT TO LEGAL PROCEEDINGS. the following new subparagraphs: ‘‘(F) for months during fiscal year 2014, $150; penses described in paragraph (1) and shall in- Section 8437(e)(3) of title 5, United States dicate any such estimate as being such an esti- ‘‘(G) for months during fiscal year 2015, $200; Code, is amended in the first sentence by strik- ‘‘(H) for months during fiscal year 2016, $275; mate. Any such estimate shall be based on the ing ‘‘or relating to the enforcement of a judg- and previous year’s experience. ment for the physically, sexually, or emotionally ‘‘(I) for months during fiscal year 2017, $310.’’. (c) DEFINITIONS.—For purposes of this sec- abusing a child as provided under section (b) DURATION.—Paragraph (6) of such section tion— 8467(a)’’ and inserting ‘‘the enforcement of an is amended— (1) the term ‘‘Board’’ has the meaning given order for restitution under section 3663A of title (1) by striking ‘‘February 28, 2016’’ and insert- such term by 8401(5) of title 5, United States 18, forfeiture under section 8432(g)(5) of this ing ‘‘September 30, 2017’’; and Code; title, or an obligation of the Executive Director (2) by striking ‘‘March 1, 2016’’ both places it (2) the term ‘‘participant’’ has the meaning to make a payment to another person under sec- appears and inserting ‘‘October 1, 2017’’. given such term by section 8471(3) of title 5, tion 8467 of this title’’. United States Code; and MOTION OFFERED BY MR. WAXMAN SEC. 109. ACCOUNTS FOR SURVIVING SPOUSES. The SPEAKER pro tempore. The (3) the term ‘‘account’’ means an account es- Section 8433(e) of title 5, United States Code, tablished under section 8439 of title 5, United Clerk will report the motion. is amended— The Clerk read as follows: States Code. (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and SEC. 106. ACKNOWLEDGMENT OF RISK. (2) by adding at the end the following: Mr. Waxman moves that the House concur (a) IN GENERAL.—Section 8439(d) of title 5, ‘‘(2) Notwithstanding section 8424(d), if an in the Senate amendment. United States Code, is amended— employee, Member, former employee, or former The SPEAKER pro tempore. Pursu- (1) by striking the matter after ‘‘who elects to Member dies and has designated as sole or par- ant to House Resolution 532, the mo- invest in’’ and before ‘‘shall sign an acknowl- tial beneficiary his or her spouse at the time of tion shall be debatable for 1 hour, edgment’’ and inserting ‘‘any investment fund death, or, if an employee, Member, former em- equally divided and controlled by the or option under this chapter, other than the ployee, or former Member, dies with no des- chairman and ranking minority mem- Government Securities Investment Fund,’’; and ignated beneficiary and is survived by a spouse, ber of the Committee on Energy and (2) by striking ‘‘either such Fund’’ and insert- the spouse may maintain the portion of the em- ing ‘‘any such fund or option’’. ployee’s or Member’s account to which the Commerce. (b) COORDINATION WITH PROVISIONS RELATING spouse is entitled in accordance with the fol- The gentleman from California (Mr. TO FIDUCIARY RESPONSIBILITIES, LIABILITIES, lowing terms: WAXMAN) and the gentleman from Indi- AND PENALTIES.—Section 8477(e)(1)(C) of title 5, ‘‘(A) Subject to the limitations of subpara- ana (Mr. BUYER) each will control 30 United States Code, is amended— graph (B), the spouse shall have the same with- minutes.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.018 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6652 CONGRESSIONAL RECORD — HOUSE June 12, 2009 The Chair recognizes the gentleman underfunding and a failure of leader- over the past 2 years, we made changes from California. ship in the last administration. to ensure fairness and flexibility for Mr. WAXMAN. Madam Speaker, I This history does not mean that convenience stores, tobacco growers, yield myself such time as I may con- FDA, with the strong and committed and small manufacturers. We worked sume. leadership it now has, cannot take on with Republican colleagues to incor- It is hard to believe that we have fi- this critical role of protecting the porate their suggestions. We worked nally reached this day. After more country against the harm from ciga- with members of the Congressional than a decade of effort and with count- rettes and other tobacco products. It Black Caucus to ensure that menthol less delays and defeats along the way, simply means that when we give the cigarettes will be an early focus of at- at last we are about to enact truly his- agency this new responsibility, we tention by the agency, and that the toric legislation to protect the public must also give it the resources nec- agency has the authority to deal with health and to end the tobacco epi- essary to do the job and to do it well. these and other products. demic. We have ensured that this will hap- I know that the Senate also has made I am proud that we have made it to pen. The tobacco program will be fully changes to further strengthen the bill this point, but it has taken us far too funded through new user fees paid for in response to input from both sides of long. It has been more than 45 years by the industry. That money will go the aisle. I want to thank my col- since the landmark Surgeon General exclusively to the new tobacco center league, Representative TODD PLATTS, report that found that cigarette smok- and will be enough for FDA to handle for his strong leadership on this legis- ing was responsible for a 70 percent in- this task well. Furthermore, by setting lation, as well as Representatives JOHN crease in the mortality rate of smokers up this system, we have ensured that DINGELL and FRANK PALLONE for their over nonsmokers and a 10 to 20 times the new tobacco program will have no diligent work in moving this bill for- greater risk of developing lung cancer. impact on other vital programs at ward over the years. Forty-five years. That delay is a tragic FDA. In fact, the agency’s new com- I also want to thank Representatives testament to the power and influence missioner, Dr. Margaret Hamburg, has ED TOWNS, STEPHEN LYNCH and IKE of Big Tobacco in our country and on expressed her enthusiastic support for SKELTON, all of whom were critical in Congress. But that power is fading. the bill as a ‘‘major advance in pro- getting us to this point. Each of these Times have changed. Public opinion tecting the public health.’’ individuals made this possible and pro- has changed. And the tobacco indus- In a recent letter to Senator KEN- duced a great victory for public health. try’s ability to block essential public NEDY about this legislation, Commis- Today is a tremendous day. I am health legislation has come to an end. sioner Hamburg made clear that FDA proud to be part of this historic mo- Today is a day when strong and effec- is eager to begin carrying out its new ment when Congress finally stands up tive regulation finally is established as responsibilities under this law. Presi- to Big Tobacco and stands up for the the crucial counterweight to the ef- dent Obama has also praised this legis- health of all Americans. That is the forts and even deceptive practices of lation as both historic and common task before us as we send this bill on to this industry. This is the day when sense, describing it as an integral part the President of the United States. Americans can begin to truly kick the of his plan to protect America’s chil- Madam Speaker, I wish to reserve the habit with the full force of our laws dren and reform our health care sys- balance of my time. marshaled to protect consumers, and tem. It’s clear that this administration Mr. BUYER. Madam Speaker, I yield especially our young people. and FDA itself are more than ready to myself such time as I may consume. Many of us remember vividly the take this on, and we just need to give I would like to congratulate HENRY milestones that have led us to this mo- them the law that will allow them to WAXMAN and Senator KENNEDY and ment. In 1994, tobacco executives stood begin. others with regard to their tenacity up before my subcommittee and swore In the bill, we have provided every- and persistence over the years. What is under oath that nicotine was not ad- thing necessary to take this historic unfortunate is that we were not able to dictive. In 1996, the FDA tried to regu- step: a comprehensive and flexible set incorporate harm reduction strategies. late tobacco products, but the Supreme of new authorities and full, certain It is also unfortunate that we are con- Court told them they needed Congress funding. The final ingredient is the po- tinuing to place more burdens and re- to give them that specific legal author- litical will to do the right thing. For sponsibilities upon FDA. ity. And now, 13 years later, here we the first time in many years, we have What I had sought to do is to regu- are finally giving FDA that authority finally got that, too. late tobacco. I do not smoke, I do not to regulate the leading preventable The breadth of support for this bill is encourage anyone to smoke. The cause of death in America. remarkable; it includes over 1,000 med- health risks associated with smoking, I Regulating tobacco is the single most ical, public health, faith and commu- believe people recognize them and are important thing that we can do right nity groups from AARP to the Amer- cognizant. now to curb this deadly toll. And FDA ican Academy of Pediatrics, from the Tobacco is an adult product. It’s is the only agency with the right com- Southern Baptist Convention to the Is- legal. And we are faced with this ques- bination of scientific expertise, regu- lamic Society of North America. It is tion of moralism versus pragmatism. latory experience, and public health supported by the American Lung Asso- And you have to be careful when you mission to oversee these products ef- ciation, the American Heart Associa- go down this path in weighing the bal- fectively. tion, the American Cancer Society, the ance of moralism versus pragmatism. I am pleased that the Senate acted groups that are best situated to under- So what I had sought to do was choose quickly and sent us back legislation stand the damage caused by tobacco the pragmatic side of the equation and nearly identical to what we passed 2 and to recognize that a renewed FDA to incorporate a harm reduction strat- months ago with overwhelming support can and must take on this new author- egy with the abstinence approach in in this House. This legislation will di- ity. the Kennedy-Waxman legislation. rect FDA to end marketing and sales of The diversity of support for this bill While the authors of the bill, Madam tobacco to kids, to stop manufacturers shows just how critical it is to all Speaker, would say, Well, STEVE, we from calling cigarettes ‘‘light’’ or ‘‘less Americans. Tobacco does not discrimi- have harm reduction in the bill. Well, dangerous’’ when they’re not, and to nate when it robs people of their it is mentioned in the bill, but there is require changes to what is in a ciga- health, their productivity, and their a 2-tier standard in the bill that has rette, like toxic ingredients such as lives. That is why we must come to- been cleverly written in a manner to be formaldehyde, benzene, radioactive ele- gether to rob tobacco of its influence an entry barrier to new innovative to- ments, and other deadly chemicals. over Americans. bacco products. And that 2-tier stand- Some have objected that this bill is Finally, I want to note that this bill ard is one that first must be achieved too big a challenge for an already over- reflects a number of changes made at the individual level, and then you burdened FDA. I disagree. It’s clear to throughout the process to respond to must achieve this standard at the pub- me that FDA’s recent struggles are pri- specific concerns that we’ve heard. In lic at large. And the purpose is truly an marily a result of years of chronic committee consideration of this bill entry barrier.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.025 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6653 Now, if we wanted to work together Madam Speaker, I embrace the sin- To say that harm-reduction strate- and truly have a new scientific, prag- cerity of Mr. WAXMAN and Mr. KENNEDY gies are best left to the FDA gives me matic approach to improve the public that they truly want to improve public great concern. If you truly believe health of our country, we would be health in the country, but this legisla- that, then you should have never set a doing both; we would be doing absti- tion, when we lock ourselves down to 2-tiered standard and built a paradigm nence along with harm reduction. You only what is presently available and in which they are to make judgments, see, that’s exactly what HENRY WAX- that these nicotine replacement thera- if you truly believe that they’re the MAN and others in this body do when it pies only have a 7 percent success rate, ones who should have designed the comes to teenage sex. They say, okay, I don’t believe anyone here would en- strategies to improve public health. So by this body, Democrats and Repub- dorse a 7 percent success rate as a good I would be more than happy to work licans enjoin, we have both; we pro- thing. It’s failure. So we are going to with the gentleman to repeal the 2- mote abstinence while also we have have to go back to the drawing board tiered standard if we’re going to let policies that promote harm reduction here and figure out how we do a harm- them set the standard based on sound in our efforts to lower sexually trans- reduction strategy to improve public science to improve public health. mitted diseases. health. Madam Speaker, I now yield 2 min- With regard to HIV, there are needle- Madam Speaker, I reserve the bal- utes to the gentleman from Pennsyl- exchange programs while we also try to ance of my time. vania (Mr. PLATTS). promote abstinence. But all of a sudden Mr. WAXMAN. Madam Speaker, I Mr. PLATTS. I appreciate the gentle- now, when it comes to tobacco, ap- want to inform my colleagues that man’s yielding time to me, especially proaches that we take in other forms of there is a section in this bill that gives given that we have different views on public health, whether it’s in sanitary the FDA authority to develop harm-re- this piece of legislation. Madam Speaker, I rise in strong sup- issues or whether it’s in teenage sex duction strategies, and I think that’s port of H.R. 1256, the Family Smoking issues or in HIV issues, all of a sudden where it ought to be, in the hands of Prevention and Tobacco Control Act. I we don’t want to apply it to tobacco. It people who will follow the science in appreciate the Senate’s swift consider- is a curious thing for me that we don’t order to protect the public health. Madam Speaker, I yield, at this time, ation of this bill. After many years of want to apply harm reduction strate- 2 minutes to the chairman of our consideration, I’m pleased that this im- gies to tobacco. Health Subcommittee of the Energy portant public health legislation will So I would say to my good friend, Mr. and Commerce Committee, who has finally be signed into law. WAXMAN, I think where we are is that been a staunch supporter of this legis- As one of the deadliest products on you can have your day in the light, you lation and has looked after all the the market, tobacco must be subject to have earned it, but we are going to health matters that come before the the same serious regulation and over- have to come back to the table because Congress, the gentleman from New Jer- sight that most other products con- what we have done is we have locked sey (Mr. PALLONE). sumed by Americans are subject to. down the marketplace. You have given Mr. PALLONE. I want to thank This bill will help to ensure that Amer- a big checkmark to Phillip Morris and Chairman WAXMAN for his tireless work icans are fully aware of the harmful ef- said that your market share is okay. on this tobacco legislation. Madam fects posed by tobacco products. And when you lock down the market- Speaker, today is long overdue, and he Most importantly, this legislation place, and we then stifle innovation should be so proud of the fact that this will ensure that tobacco products are and we do not have competition in that is finally passing today and going to not advertised to or sold to children. marketplace, we truly don’t have the the President’s desk. Addiction to tobacco begins almost ability, then, for these companies to As we pursue serious and historical universally in childhood and adoles- track at-risk capital to make invest- health care reform, this legislation cence. Tobacco companies have long ments in a harm reduction strategy comes at the right time. Smoking taken advantage of this vulnerability whereby we can migrate people down kills. Smoking also is a major cause of by promoting their products through the continuum of risk. cardiovascular disease, cancer, and a such tactics as cartoon advertisements, b 1030 host of other illnesses. Almost half a free tobacco-themed merchandise that million Americans die from their own appeals to kids, and sponsorship of So if this bill becomes law, we’ve got cigarette smoking a year. And even sporting and entertainment events. some real challenges in front of us. One more alarming, studies have estimated With health care costs spiraling out of of them is how do we stand up this new that more than 6 million children alive control every year, the cost of treating mission within FDA, an agency that is today will ultimately die from smok- these smokers later in life is fast be- already very stressed and ing. coming prohibitively expensive. Pro- underresourced, and we’re already In President Obama’s call for health hibiting advertising to children will go going to be addressing issues in the care reform, he cited the need to use a long way in preventing young people committee regarding food safety and our resources wisely and efficiently. in America from starting to smoke and drug safety while we pile on more mis- Tobacco is a health care issue that will save billions of dollars and, most sions. taxes and burdens our health care sys- importantly, countless lives in the So I would say to my good friend that tem. The costs to private and public years to come. as soon as this bill is signed into law, payers are over $96 billion annually. It is important to emphasize that a couple of things are going to happen. Regulating tobacco products is a win- this bill does not ban tobacco products. Number one, the lawyers will make a win for our Nation’s health and our Rather, H.R. 1256 allows the FDA to run to the Federal courts, and the Su- need to be fiscally responsible in a scientifically evaluate the health bene- preme Court will be back sitting in time of economic hardship. fits and risks posed by ingredients in judgment over the provisions on adver- This bill will finally give the FDA cigarettes and takes steps to reduce tising restrictions, not only potential the authority to regulate tobacco prod- the harm caused by tobacco products. unconstitutional provisions on the ucts, restrict tobacco marketing, espe- This legislation preserves an adult’s First Amendment with regard to the cially the marketing techniques de- choice to smoke and makes sure that regulation of commercial speech, but signed to entice and addict our chil- tobacco products marketed as safe al- also in the Fifth Amendment with re- dren. They are vulnerable and impres- ternatives to cigarettes are, in fact, gard to whether it’s a constitutional sionable, and the tobacco industry ex- scientifically safer. taking or not. ploits that. I am pleased to have worked with my So while that is going on, I will in- I was proud to be an original cospon- colleague, the distinguished chairman troduce legislation, I’ll work with Ms. sor of this bill in the House, and I’m of the House Energy and Commerce HARMAN, I’ll work with others, I’ll even prouder to vote for this bill today Committee, HENRY WAXMAN, the gen- work with the chairman, on how we because I know that it is long overdue. tleman from California, on this legisla- can best incorporate these harm-reduc- Mr. BUYER. Madam Speaker, I yield tion. I commend him for his leadership tion strategies to truly improve public myself 30 seconds to respond to my on this issue as well as former Con- health. good friend Mr. WAXMAN. gressman Tom Davis.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.026 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6654 CONGRESSIONAL RECORD — HOUSE June 12, 2009 I encourage a ‘‘yes’’ vote. others. So cigar and pipe are not sub- The cigarette manufacturers have de- Mr. BUYER. Madam Speaker, I yield ject to this legislation; yet they are ceived the American public through myself such time as I may consume. the most harmful to the human body of their advertising of filter-tip ciga- It is nicotine that causes the con- all of the carcinogens that can be in- rettes. Ironically, while denying the al- sumption of tobacco. So I understand haled. leged health hazards of cigarette smok- how truly, in my words, outraged then So how do we migrate people? And I ing, the industry has, in its adver- Chairman WAXMAN was and still is with think that’s what is extremely impor- tising, made these charges appear true. regard to testimony that occurred tant. And let’s stop this premise that Filter gives you more of what a filter is years ago when he was the chairman of all tobacco products are equally risky; for, clean smoking; snowy white; pure; the Subcommittee on Health. that Swedish snus, even though it’s 98 miracle tip; 20,000 filter traps, gives Now, if it is the nicotine from which percent less harmful than an unfiltered you more of what you changed to a fil- adult users receive their satisfaction, cigarette, should not be treated as ter for. the real issue is how do they gain ac- though they’re both just as harmful. The committee concludes: cess to nicotine in a manner that re- They’re not. If you’re able to pas- The Federal Trade Commission has duces their health risk? That’s the teurize and take away the failed to approach the problem of false issue. That’s my passion. nitrosamines, yet people can gain ac- and misleading advertising. I am not a smoker. I don’t advocate cess to their nicotine, you know what? They failed then, 52 years ago. They for people to smoke. My charge and That ought to be something we should failed us today. It is way long past challenge is how do we improve public talk about. That ought to be some- time, many millions of deaths later, for health in our country? And I don’t thing we should promote. this Congress to act decisively in the want this abstinence-only approach. So And the reason, Madam Speaker, public interest. And also as a tribute to if it’s nicotine for which people want to that if we just turn this over to the my predecessor, John Blatnik, who led gain access to and it’s an adult prod- FDA, like Chairman WAXMAN has just this charge 52 years ago and who was uct, then shouldn’t we be trying to fig- suggested, and let them come up with rewarded with dissolution of his sub- ure out methods or products where peo- these strategies, it’s not going to be committee for having rung the bell on ple can gain access to nicotine that is able to get into the hands of the Amer- false and misleading advertising by the less harmful? ican people because of the 2-tiered cigarette companies. During the debate on the rule, standard that has been set in this legis- Mr. WAXMAN. Madam Speaker, I am Madam Speaker, I would share to my lation. pleased at this time to yield to one of colleague, Chairman WAXMAN, an indi- Madam Speaker, I reserve the bal- the people without whom this bill vidual brought up a head of lettuce and ance of my time. would not even be possible, and that is Mr. WAXMAN. Madam Speaker, I said that there is more regulation on a the Speaker of the House, NANCY yield 3 minutes to my esteemed col- head of lettuce than tobacco. And I PELOSI, who has been such a strong guess it was an effort to be cute, but league from the State of Minnesota leader for advancing the public health. the real point here is what I shared, (Mr. OBERSTAR). The SPEAKER pro tempore. The gen- Mr. OBERSTAR. I thank the gen- Madam Speaker, and to my friend Mr. tlewoman from California is recognized tleman for yielding, my good friend WAXMAN, you could have smoked that for 1 minute. and colleague of 34 years ago. We en- lettuce and you would still end up with Ms. PELOSI. Madam Speaker, I tered Congress together. the same problems. You could cut the thank the gentleman for his generous I do not propose to read this entire grass in your yard, dry it and roll it up recognition and rise to say, as a moth- document, but it is the report of the in a cigarette and smoke it, and you’re er and a grandmother, what an impor- hearings, the committee report con- still going to have a lot of problems. It tant day this is for America’s children ducted by my predecessor in Congress, is the smoke that kills, not the nico- and to say thank you to Mr. DINGELL. John Blatnik, in 1957 on false and mis- tine. It’s the smoke. Some of the giants of the Congress leading advertising among a number of So when you look and you say, well, have worked to help the children of products and the failure of the Federal if the smoke is the killer because of America. Mr. DINGELL, Mr. WAXMAN, Trade Commission to intervene on be- the inhalation of the tobacco smoke, and Mr. PALLONE on the committee. On half of the public. that’s responsible for the pandemic of The leading testimony on false and the Senate side, this legislation pass- cancers, heart disease, respiratory dis- misleading advertising on filter-tipped ing also is a real tribute to the leader- ease, and these deadly results. cigarettes was a statement of Dr. Kyler ship of Senator TED KENNEDY. It’s real- So I’m going back to this harm re- Hammond, Director of Statistical Re- ly a great day. It’s momentous. It’s duction. So despite decades of intense search for the American Cancer Soci- historic. We can’t say that all the time efforts to eradicate smoking, more ety: We found lung cancer death rates about the legislation that we pass here. than 40 million adults continue to to be extremely low among non- It would be impossible to exaggerate smoke cigarettes, and they’re likely to smokers and high among heavy ciga- the importance of what is happening continue because we don’t have this rette smokers; 2,665 excess deaths, and here today. ability to migrate them to other prod- Today we have an opportunity to this was 1957, among smokers. The con- ucts. It’s extremely important, when protect public health and prevent dis- clusion of Dr. Hammond: The sum total we talk about a harm-reduction strat- ease; and today we have an opportunity of scientific evidence establishes be- egy, that not only is it the access to a to honor our responsibility to our chil- yond reasonable doubt that cigarette particular product, it is the education dren, to protect them from the harm smoking is a causative factor in the of the people at large as to what type that can come to them from the use of rapidly increasing incidence of human of products that they can avail them- tobacco. epidermoid carcinoma of the lung. selves to that have less harmful health Fifty-two years ago and we still have Madam Speaker, tobacco is the num- results. That should be our goal and people in this Chamber and in the ber one cause of preventable deaths in that has been embraced. other body saying it’s not a problem. the United States. According to the The American Association of Public Centers for Disease Control, it is re- Health Physicians noted last year, En- b 1045 sponsible for about one in five, or hancement of current policies based on The report of the committee goes on 443,000, deaths annually. Again, I want the premise that all tobacco products to say, Benzpyrene is one of the sub- to acknowledge the great work of are equally risky will yield only small stances containing carcinogenic Chairman WAXMAN, Chairman DINGELL and barely measurable reductions in agents. A known cancer-producing and Chairman PALLONE. We passed this tobacco-related illness and death. agent has been found in the smoke bill before Easter. Happily last night, So in the public debate, there is sort from cigarette paper and an amount yesterday, it passed the Senate so that of this presumption that all tobacco from the tobacco itself. This compo- we can now pass the bill and send it to products are harmful. Well, all tobacco nent is known as 3,4-benzpyrene. the President’s desk for his signature. products have a degree of health haz- The report of the committee con- Mr. OBERSTAR, in his role on Trans- ards, but some are more harmful than cludes: portation and understanding how we

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.028 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6655 had to get smoking out of Transpor- work. He’s worked on this for a very we have two ways of solving problems tation, spelled out for us what the long time, of itself, discretely, the to- or dealing with tobacco. For decades, study told us and how it has been 52 bacco and smoking issue and then, of what did we do? We subsidized tobacco, years since we should have taken ac- course, just as with Mr. DINGELL, the and now we want to prohibit tobacco. tion. There is so much support on the larger health issue for America. Today Why don’t we just let the people de- outside of the Congress as well. A thou- in passing this legislation, enabling the cide. This whole idea of either having sand organizations, everyone from the FDA to regulate tobacco, we are taking to subsidize something or prohibit American Cancer Society, which we a giant step forward in making Amer- something shows a shallowness that I would suspect, the Campaign For To- ica healthier. Thank you all for your think we ought to challenge. bacco-Free Kids, the AARP, and the leadership. One part of this bill that I find par- Presbyterian Church, just to name a Mr. BUYER. Madam Speaker, I yield ticularly bad, but it is pervasive in so few. They believe that passing this bill myself as much time as I may con- much of what we do, about 100 years will save lives. sume. ago we took the First Amendment and Every day Americans benefit from It is with great disappointment that freedom of speech and chopped it into the oversight of the FDA on foods that I hear the words of the Speaker be- two pieces. We have political speech. Of we eat and medicines we take. That’s cause she is truly endorsing a 7 percent course we like that. We’re in the busi- their jurisdiction. Yet despite the fact success rate as an acceptable level of ness of politics. But we take commer- that tobacco is one of the deadliest success for those who are trying to quit cial speech, and we put it over here, products in America, the FDA has had smoking. Also, if we really wanted to and we regulate the living daylights no authority to regulate it. This is just try to help children, then she should out of commercial speech. That’s not a not right, and today we can correct have endorsed what I sought to do; that First Amendment. That’s chopping that wrong. Right now tobacco is ex- is, put tobacco on an equal plain as al- freedom in half, and that just leads to empt from standards that apply to a cohol to make it illegal to possess. But more problems. But this will lead to can of soda or a box of pasta. Tobacco we’re not doing that today. prohibition, and it won’t work. This makers are exempt from critical and I also said that the States, with re- will just give us a lot more trouble. basic consumer protections, such as in- gard to the MSA, the Master Settle- gredient disclosure, product testing You say, Well, how will these prob- ment Agreement, the States are not lems be handled if we just permit peo- and restrictions on marketing to chil- spending the money like they should. dren. ple to advertise? Well, you are not al- In the last 10 years, States have spent lowed to commit fraud; you are not al- This legislation grants the FDA the just 3.2 percent of their tobacco-gen- authority to regulate tobacco products. lowed to commit slander; you are not erated revenue on prevention and ces- allowed to commit any libel or slander It also requires detailed disclosure of sation programs. In the current fiscal tobacco product ingredients and re- or fraud. So there are prohibitions. But year, no State is funding tobacco pre- this approach can’t work. It is assumed stricts tobacco marketing and sales to vention programs at levels rec- young people, among other things. And that people are total idiots, that they ommended by the CDC. So I had offered won’t respond to education, that we this legislation does all of this in a fis- an opportunity here to the body to cally responsible way, funding the FDA have to be the nanny state. We want to strengthen and truly protect children, expand the war on drugs, which is a tobacco activity through a user fee on yet it was not adopted by this body. So tobacco manufacturers. total failure. be very careful about coming to the Because of lost productivity and And look at what happened to the floor and saying we’re doing it for the health care expenditures, cigarette prohibition of alcohol. You say, Well, smoking costs our Nation more than children when, in fact, the opportunity no, this is not going to be a prohibi- $193 billion a year, almost $200 billion a was there and you did not. tion. It is going to be prohibition. This I now yield 3 minutes to the gen- year. By reducing the number of smok- is a form of prohibition. When you have tleman from Texas (Mr. PAUL). ers, not only will this legislation save prohibition or even approach prohibi- (Mr. PAUL asked and was given per- lives and reduce chronic disease, it will tion, what do you create? You create mission to revise and extend his re- also reduce health care costs. the black market. We will see the Today, approximately 3,500 young marks.) Mr. PAUL. I thank the gentleman for black market come. Already the taxes people will try a cigarette for the first are opening up the doors of the black time and another 1,000 will become ad- yielding. Madam Speaker, I don’t think any- market. dicted and become new regular, daily body can argue at all with the inten- All I ask for is people to reconsider, smokers. One-third of those children tions of the proposal of this bill. There believe that freedom, self-reliance and will eventually die prematurely be- is no question that cigarettes are very individualism can solve these problems cause of smoking. We must do all that a lot better than a bunch of politicians, we can to prevent premature death harmful. The question for me here is the process, and I find the process here bureaucrats and tobacco police here from smoking, and today we have that from Washington, D.C. opportunity. atrocious because it assumes that authoritarianism is right, proper and Mr. BUYER. I yield myself 30 sec- Madam Speaker, I urge all of my col- onds. leagues to support the aptly named that it works and that volunteerism, I would say that the gentleman and I Family Smoking Prevention and To- education, self-reliance and depending are not always in total agreement. The bacco Control Act. I hope that the chil- on oneself to take care of oneself is a substitute that I brought to the floor dren of America will see a strong bipar- proper approach. We totally reject our actually sought to regulate tobacco, tisan vote. This legislation deserves it, free society and assume that if we just and I know you did not agree with my and then we can send it on to the Presi- have tobacco police roaming the coun- dent to be signed into law hopefully no try, that all of a sudden bad habits are substitute. I believe in the regulation later than next week. going to be cleared up. We’re dealing of tobacco. I sought to do that. I just Again, Mr. DINGELL, as a mother and with bad habits, and these are bad for don’t believe it should be done in FDA. a grandmother, I’m deeply in your debt health. But let me tell you, I can bring We tried to create a harm reduction for what you’re doing for America’s you a list here of dozens and dozens of center to do that. But I respect the children. Mr. WAXMAN, thank you so bad habits that lead to death. As a gentleman’s views. much for bringing this bill to the floor. matter of fact, one of the things that I reserve the balance of my time. We went into session in January. Be- we ought to consider is, how many peo- Mr. WAXMAN. Madam Speaker, I am fore Easter this bill had passed the ple die from our drug war? We have a pleased at this time to yield 3 minutes House. Thank you for your leadership. drug war, and about 3,000 people die to the very distinguished chairman Mr. PALLONE was very much a part of from the use of illegal drugs. So we emeritus of the Energy and Commerce it. Again, Mr. OBERSTAR, thank you for have a drug war going on, and tens of Committee, the gentleman from Michi- your leadership. thousands of people die. gan (Mr. DINGELL), who has played an But let’s just say about Senator KEN- It’s so exasperating at times because essential role in fighting against to- NEDY, this has been part of his life’s we always have two proposals here, or bacco and getting us to this day today.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.029 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6656 CONGRESSIONAL RECORD — HOUSE June 12, 2009 (Mr. DINGELL asked and was given The next exhibit he pulled out was leadership on this legislation in the Congress. permission to revise and extend his re- one of a fellow who had died of squa- I am honored to have my name associated marks.) mous cancer. He said, These are squa- with the legislation and for the opportunity I Mr. DINGELL. I thank my good mous cells. It looked like a bowl of had to work with them on this issue. friend and colleague, the chairman of caviar, a painful way to go. Madam Speaker, I know firsthand that the the committee, Mr. WAXMAN; and I He then showed us the lung of some- ‘‘Family Smoking Prevention and Tobacco commend him for his leadership on this body who had died of emphysema. It Control Act’’ is good piece of legislation. I had matter. I am also delighted that we was white. It lacked life. He said, This the distinct pleasure of shepherding it through have this bill on the floor today. I urge man literally strangled because he did the Energy and Commerce Committee last my colleagues to support the Family not have the ability to derive the oxy- year. Today’s legislation largely reflects the Smoking Prevention and Tobacco Con- gen from the air. work we did then. trol Act. I would point out that we will The SPEAKER pro tempore. The Madam Speaker, this legislation has been in be shortly following it up with legisla- time of the gentleman has expired. the works for a long time. Nothing stands in tion to protect Americans from dan- Mr. WAXMAN. I yield an additional 1 our way to send it to the President’s desk. I gerous foods and to give the Food and minute. urge my colleagues to vote in favor of the Drug Administration the authority and Mr. DINGELL. I thank the gen- ‘‘Family Smoking Prevention and Tobacco the money which it needs. That will be tleman. Control Act’’—the American people need it followed by additional legislation to He pulled out another lung. He said, and they deserve it. address the question of pharma- Now, this is the lung of a smoker. It Mr. BUYER. Madam Speaker, I now ceuticals. was black, dirty and nasty, and you yield 2 minutes to the gentleman from I urge my colleagues to recognize would not want to have it inside of California (Mr. MCCLINTOCK). that this not only does what needs you. Mr. MCCLINTOCK. I thank the gen- doing, but it also gives to the Food and He said, Now, my message to the tleman for yielding. Drug Administration the authority and committee is very simple. If you smoke Madam Speaker, many years ago, au- the money which it needs and the per- long enough, you are going to die of thor and commentator Bruce sonnel which it needs to carry forward cancer of the lung or you are going to Herschensohn made the point that for its mission as it goes about its busi- die of some other kind of ailment every pleasure in life, there is a cor- ness. I would point out, for too long we which is induced by your smoking, responding risk. I think that is a uni- have starved them for authority, re- whether it is of the lung or whether it versal truth: for every pleasure in life, sources and personnel. It is time some- is of some other organ, including the there is a corresponding risk. And he pointed out it is true that thing be done about this. I am not mouth, the throat, or another part of with enough taxes and laws and re- going to give you an argument about the body as far away as the fingertips. this situation—that will be in my writ- I just want my colleagues to under- strictions and regulations and pen- alties and lectures, government can ten extended remarks—but I want to stand, finally we are doing something. produce a virtually risk-free society, tell my colleagues that the graveyards If a person wants to be silly enough to but it will also be one of the most are full of people who occupy those smoke, he can still do so; but he is colorless, pleasureless, tedious, and places because they smoked and be- going to get a warning, and the tobacco miserable societies ever conceived by cause we tried volunteerism. companies are going to have to provide the mind of man. b 1100 proper, decent, honorable behavior, and I think that is the case. The health Well, volunteerism filled the grave- they are going to have to do the things dangers of smoking are real and they yards, and the constant attacks that that warn the American people of this. are well-documented. We all agree on We have a responsible agency which have been made on the Food and Drug that. It is a very bad thing to do. this legislation will properly fund and Administration and the deprival of Our schools rightly make a concerted finance. We will give them the author- proper authority to carry forward its effort to inform every child of the responsibilities and the personnel it ity and the personnel and the capabili- health risks associated with tobacco needs have brought us to the situation ties of doing what they need to do. We products, and they do a good job of it. where we have to do the kind of thing are going to follow it with other legis- Our government warns every adult of that we are saying. lation. the risks associated with tobacco prod- So don’t talk to me about vol- I urge my colleagues to support this ucts, and they do a good job of it, too. unteerism. Understand that it has and support the other legislation when As a result, I don’t believe there is a failed calamitously and people are it comes. single individual in the United States dying every day because they have I rise today in strong support of the Senate today who doesn’t well and fully com- smoked. Amendment to H.R. 1256, ‘‘Family Smoking prehend the health dangers of tobacco. Having said that, I want to tell you a Prevention and Tobacco Control Act’’. But once those warnings are issued, little story about when we passed the The decision to vote in favor of today’s bill how much further should government first legislation to begin to warn people is a very easy one. It was an easy one, be- go to make individual decisions for ra- about the dangers of tobacco that were cause I am convinced that the ‘‘Family Smok- tional adults as they weigh the risks of found by the Surgeon General in his re- ing Prevention and Tobacco Control Act’’ will smoking for themselves? Personally, I port to the United States and to the go a long way in regulating the most unregu- think they are making a very bad deci- Congress. lated consumer product on the market today. sion, but they probably think others A little guy came before the com- A product which: are making bad decisions when they mittee, and he testified before my dear Is the leading preventable cause of death in decide to go skiing or bungee jumping friend John Moss and I, who were the the United States; or sky diving or thousands of other major proponents of that particular Kills more than 400,000 Americans annu- pleasures that incur corresponding and legislation at that time. He said, Now, ally; and calculated risks. you don’t know me, but I am a patholo- Accounts for more than $96 billion in health I would ask today, whatever hap- gist and an internal medicine man. care costs every year. pened to the notion of individual re- That means that I can tell you why Every day, approximately 3,500 kids will try sponsibility? And whatever happened you are going to die, or I can tell you a cigarette for the first time, and another 1,000 to the notion, as Jefferson put it, of a why you did die. we become new, regular habituate smokers. wise and frugal government, which He said, I don’t have a prepared The legislation will restrict marketing and shall restrain men from injuring one statement here today, but I do have a sales to youth; grant FDA authority to restrict another, but shall leave them other- number of exhibits I would like to tobacco marketing; require detailed disclosure wise free to regulate their own pursuits present to the committee. of ingredients; and allow FDA to require of industry and improvement? So he reached in his briefcase and he changes to tobacco products to protect the Mr. WAXMAN. Madam Speaker, I pulled out a human lung. He said, Now, public health. yield 2 minutes to the gentlewoman this is a normal person’s human lung. I commend Chairman WAXMAN and my dear from Illinois (Ms. SCHAKOWSKY), a It had a certain life to it. friend, Senator KENNEDY, for their persistent member of the Health Subcommittee.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.031 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6657 Ms. SCHAKOWSKY. Madam Speaker, spectrum have looked at these provi- comments by some, Madam Speaker, I rise today in strong support of H.R. sions and declared that they will not to say we are doing it for the children. 1256, the Family Smoking Prevention meet First Amendment scrutiny. It is wonderful. We can say we are and Tobacco Control Act. I do it with During the debate on the rule, I ques- doing it for the children. What does the enormous gratitude to Chairman WAX- tioned the responsibility of this body. I Court say about that? MAN for working for years to get legis- believe it is irresponsible for us to pass The Supreme Court has already ex- lation of this sort that would improve legislation that is prima facie uncon- amined one of the provisions in the public health by strengthening the reg- stitutional. FDA proposal, and that is the 1,000 foot ulation of tobacco products. What we are doing in this body is two ban on outdoor adds, and has suggested There are a lot of diseases that we things: we are taking the regs from the it violates the First Amendment be- don’t have the cure for today. There 1996 rule that the Supreme Court found cause it is not narrowly tailored. are lots of resources put into medical unconstitutional and we are making The Supreme Court rejected the ef- research that hopefully will find a cure them statutory, which means, atten- forts of the Massachusetts Attorney to cancer and to AIDS and other ter- tion to lawyers in America: you have General to ‘‘childproof’’ the flow of in- rible diseases. But we do know how we an access and avenue right back to formation in our society. Children de- can prevent over 435,000 tobacco-re- Federal Court immediately upon the serve to be protected from inappro- lated deaths that occur each year, and President’s signature of this legisla- priate or harmful material, but the that is by preventing smoking. tion. government may not use the guise of There are over 44 million smokers in Also under the Constitution, private protecting children to impose sweeping the United States of America. In Illi- speech, private speech and the regula- restrictions on information intended nois alone, 24.3 percent of adults and tion of private speech among individ- for adults. 29.2 percent of youth smoke tobacco. In uals, that is, companies, if individuals So we come to the floor and we say Illinois, 16,000 people die from smok- seek to restrict their speech between we are doing it for the children. Yet we ing-related illnesses and 29,000 adults themselves or how they seek to com- are taking provisions which the Su- and children die of secondhand smoke municate, they can do that in the pri- preme Court has already found to be vate marketplace between themselves. in Illinois. In addition, $3.2 billion is unconstitutional, i.e., commercial Where the First Amendment comes in spent in direct medical expenditures speech that is not merely tailored to a is when governments, States, munici- related to smoking in Illinois. And legitimate government interest. palities or the Federal Government every day 4,000 kids try their cigarette, In Bolger v. Youngs Drug Products then step in and begin to regulate and about half of them become ad- Corporation, the court stated that ef- speech. dicted. In this case, it is commercial speech, forts to restrict advertising cannot Finally, we have legislation giving and that is what we are doing. When we lower disclosure in society ‘‘to the the FDA the power and resources to take the MSA, the master settlement level of the sandbox,’’ and cited in the regulate the tobacco industry and safe- agreement, and also place these re- case Butler v. Michigan that ‘‘govern- guard the public health and our chil- strictions and then make them statu- ment may not reduce the adult popu- dren. It would lessen the cost of smok- tory, bang, we are right back to the lation to reading only that which is fit ing-related medical illnesses and pre- Supreme Court. And I just find that for children.’’ vent adolescents and teens from smok- very bothersome. So the type of drastic speech censor- ing at a young age. Larry Tribe, the noted constitutional ship that is contained in this legisla- In Illinois, I want to congratulate Al- expert and Harvard University law pro- tion is almost certain to lead to chal- exandra Slane, an elementary school fessor, commenting on the types of pro- lenges in the Federal courts, and I find student from Peoria, Illinois, who won visions in this legislation, stated, that troubling and counterproductive. the Tar Wars anti-smoking annual ‘‘Given the extensive regulation of to- b 1115 poster contest with her drawing of a bacco manufacturing (for example, the Let me move to the FDA. This bill light bulb shaped as a human head. She creation of manufacturing standards, establishes a general standard that ac- wrote the caption in the human-shaped the regulation of cigarette ingredients, tions by FDA are in the best interest of light bulb warning America, ‘‘Be and so on) elsewhere in the proposed public health, that they’re the ones, Bright, Don’t Light.’’ legislation, and the mandates for new that they can reasonably be likely to Let’s start by passing H.R. 1256. and improved warnings, it would be dif- Mr. WAXMAN. May I inquire how ficult to defend the sweeping restric- have measured scientific results. much time each side has. tions on advertising as being narrowly What do we mean by results? The SPEAKER pro tempore. The gen- tailored to an important governmental Substantial reductions in morbidity 1 tleman from California has 9 ⁄2 minutes interest. The paternalistic view that and mortality rates among smokers. remaining. The gentleman from Indi- tobacco advertising must be restricted That’s what we seek to achieve. ana has 10 minutes remaining. because consumers might find it perva- So the great challenge that I have Mr. WAXMAN. We have no other re- sive is antithetical to the assumption here is that, in the committee, we are quests for speakers and I would like to on which the First Amendment is now looking at legislation with regard close the debate. We continue to re- based.’’ to food safety and drug safety. The serve our time. Wow. Now you are going to find me FDA is charged with approving medical Mr. BUYER. Madam Speaker, there quoting the American Civil Liberties products based on scientific evidence are a couple of issues that I would like Union. You may want to listen to this, that benefits of the products outweigh to address that I mentioned in my because it is probably the first time I the risks. Tobacco products are inher- opening. The last two issues that I will have ever cited the ACLU. ently risk products that cause disease address are, one, on the constitu- They also said in their testimony on when used as directed. tionality, and, secondly, is the FDA identical language contained in this Now, we’re going to turn to the FDA the right agency. legislation, they stated if this type of and say, we want you to regulate the While we all agree that steps need to legislation were to be passed, it would tobacco product. So we take the gold be taken to help lessen the use of to- be ‘‘wholly unprecedented’’ and ‘‘will standard of the FDA now, and apply it bacco products by underage youth, we most likely fail to withstand constitu- to tobacco, and now there is this infer- must not do so in ways that clearly tional challenge.’’ ence that somehow the FDA has said violate the First Amendment. Unfortu- On the other side of the spectrum, that tobacco’s a safe product. That is nately, the bill in front of us I believe the Washington Legal Foundation and something we should not be doing. It’s fails to meet that test. Judge Bork also have called these pro- why I sought to create a separate agen- The speech restrictions in this bill posals ‘‘patently unconstitutional.’’ cy, rather than the FDA, creating a are clearly the most sweeping in the Numerous other legal scholars have mission that is counter to their present history of the United States for any taken similar positions. mission. legal product. Numerous top legal ex- Now, in our zeal here to restrict to- You see, if you use a cigarette and perts from every point of the political bacco products, there have been these follow the instructions, and you do

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.033 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6658 CONGRESSIONAL RECORD — HOUSE June 12, 2009 that every day, it will kill you. Now, wasn’t any harm from cigarette smok- any smoking permitted. And Members think about that. It will kill you. We ing. It was just coincidental. stood up on the floor of the House and don’t want the FDA to create some I remember well when the CEOs came said smokers would never tolerate such type of inference into society that before our committee, and that was a a thing. somehow it’s okay. real turning point. And they took an Well, it was so widely popular that President Obama stated on March 14 oath to tell the truth, and they said, no it’s hard to find any airline in the of this year that 95 percent of Amer- harm from cigarette smoking; it’s not world that allows smoking on airplane ica’s 150,000 food processing plants and connected to cancer; it’s not connected flights of whatever length it may be. warehouses go uninspected each year. to heart disease; it’s not connected to The public has come to understand Wow. Each year, 74 million people in all these other problems; it’s only a co- this industry, and they know the dis- the United States are sickened by incidence. They said cigarette smoking honesty of this industry, and they tainted food, and about 5,000 die, ac- was not addictive because nicotine is know that the clout of this industry cording to the CDC. That’s on food not addictive. They swore that under kept the government from acting for alone. oath. They said they didn’t manipulate decades. Then, with regard to drugs, I look the nicotine to make it even stronger But people now don’t realize how it forward to working with Chairman and more addictive a product. And they was 30 years ago. Thirty years ago peo- WAXMAN, Madam Speaker, and with said, with righteous indignation, they ple who smoked felt they had the right Mr. DINGELL, with regard to drug safe- certainly wouldn’t target kids to to light up a cigarette, no matter ty because right now we have 11 inter- smoke. where they were. national mail facilities by the United Well, after that appearance in 1994, We’ve heard the argument that the States Government. You count the we pierced the veil that hung over the Court may look at the constitu- three private carriers that also have industry and started to find out what tionality of any free speech matter international mail facilities, and they they were saying in their own cor- that might relate to advisories about are taking up to around 30,000 drug porate boardrooms and what their own cigarette smoking. packages that are coming into our scientists understood the case to be. Well, it’s hard for me to believe that country by people who are going on to We later had a hearing where a sci- a Supreme Court that once said the the Internet. Every time we do an in- entist that worked for the tobacco in- Constitution does not mean that the spection of those mail packages, we dustry told us he understood the harm. freedom of speech allows people to yell find that 80 percent of them are either The industry wanted to know what ‘‘fire’’ in a crowded room would now counterfeit knockoffs or adulterated harm it did, and they knew that, in come to the point where they’d say it drugs. When, in fact, you do the math fact, it caused a tremendous amount of would be unconstitutional to prohibit and you say, okay, wow, take that 14 death and disease in this country. They an industry from trying to get children times 30,000 times 365, then times 80 were looking at ways to patent new to smoke a product that’s illegal for percent, we are looking at 96 million. ways to raise the nicotine levels so them to buy in any State of the Union. Think about that. 96 million drug they can keep people smoking, because I think we are, today, at the last gasp packages coming in. So what we’re they were very well aware of the fact of the tobacco industry’s efforts to pro- doing now is we’re lumping this onto that nicotine was addictive and they tect their profits at the expense of the FDA, and FDA is a challenged, a very could, in fact, make sure that nicotine health and lives of the American peo- challenged agency. grabbed on to those smokers and kept ple and to get children to take up this I urge individuals to vote ‘‘no’’ on them captive to that habit. habit. We’re moving away from it fast this legislation. There is a better way And the Joe Camel advertising cam- in this country. The FDA will help us to regulate tobacco. paign was marketed in France to see if succeed in ending this tobacco epi- Mr. WAXMAN. So, Madam Speaker, it really got kids to be loyal to that demic. it’s come down to this, a musing that brand. And in their boardroom they My heart goes out to people around perhaps FDA is not the right agency; discussed how important it was to get the world as American tobacco compa- we ought to create a brand new one, kids to start smoking at 14 or 15 years nies are telling people in other coun- but don’t give them any power to do of age because then they would be loyal tries, be like Americans. If you’re a anything. to that brand, let alone addicted to the woman, you can smoke—don’t let your Or what we need is harm reduction, product. culture keep you from taking up this even though this legislation gives the We later found out how the tobacco habit. As they tell children around the FDA the ability to look for ways to re- industry spent millions and millions of world, start smoking. You can be more duce the harm from cigarette smoking. dollars on a phony operation to say like Americans who you so admire. But the best way, the best way is not that they were studying whether the You can be cool, and all the stuff that to smoke. And the best way is to make harm was there from cigarette smok- was blabbered out in the decades in the sure that people don’t start smoking. ing, and what they did was manipu- United States to get so many millions And if they do smoke, to give it up. lated the media, deceived the American of people to smoke. And then the next argument, it’s not people, to argue the science wasn’t Madam Speaker, this bill, authored constitutional. And my colleague has really there to claim cigarettes was a by Senator KENNEDY in the Senate and cited the fact that he believes the Su- problem. The science is still out. by myself in the House, has come a preme Court, when they ruled on the By the way, we hear this about global long way. It took us a long time to get issue of the regulations being proposed warming today. Even though the over- here. But we’re here now, and I urge by the FDA, that they said that those whelming consensus was there from my colleagues to vote for passage of were unconstitutional. reputable scientists, they tried to this legislation. Well, the truth of the matter is the make people believe, don’t worry about Mr. VAN HOLLEN. Madam Speaker, this is Supreme Court said FDA did not have it, you can continue to smoke; it’s not a very important and historic day for the Amer- the legal authority and that Congress going to do you harm. ican people. I rise in strong support of the bi- had to vote to give them the legal au- And they tried so hard and success- partisan Family Smoking Prevention and To- thority to adopt those regulations. fully, for decades, to keep secret the bacco Control Act, of which I am a proud origi- That is what we are about to do today. fact that nonsmokers were harmed by nal cosponsor. I want to thank and acknowl- I’ve been working on the issue of to- simply being in the presence of smok- edge the leadership of Chairman WAXMAN, bacco for over three decades, and in ers. Senator KENNEDY, and so many others who fact, I thought about this issue as I I remember the power of the tobacco have fought the battles for so many years to prepared a book that’s going to be com- industry that kept the Congress from see this day happen. ing out on a lot of different issues in acting, and it was by one vote that the Granting the Food and Drug Administration the next couple of weeks. House of Representatives decided to the authority to regulate tobacco products is And I remember the hearings we had try and experiment to see if we could long overdue. The legislation is a critical step where the tobacco industry had so- have airplane flights, commercial air- in protecting the health and well being of mil- called scientists argue there really plane flights of an hour or less, without lions of Americans from the deadly effects of

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0636 Sfmt 9920 E:\CR\FM\K12JN7.035 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6659 tobacco use. It is a shame that tobacco prod- lation. It is important to remember that the ucts. And I’m also pleased that it takes steps ucts were not regulated in this country. sale of tobacco is legal in the United States to ban flavor additives, including menthol, as Though the FDA has the authority to regulate and is credited with hundreds of thousands of well as further restricting marketing directed to products that are not addictive, we always had jobs across the country. We cannot afford to our children. this gap in their regulatory authority when it lose more American jobs especially when we But passage of this bill really is just the first came to the very addictive products of nicotine are facing such economic challenges. step. We’ve also got to make sure that we fol- and tobacco products. FDA regulation will have a devastating eco- low through on the regulatory authority pro- For far too long, the tobacco companies nomic impact on small tobacco companies, vided in this bill to help encourage smokers to have taken advantage of this loophole and their employees, associated businesses, and quit, and to provide help to those who choose have exploited it by marketing their deadly the largely rural communities which they sup- to do so. products to young people. Generation after port. Under this legislation they will not be However I’m pleased that we are finally tak- generation, the tobacco companies knowingly able to comply with and afford what is sure to ing this action today, and I’m convinced that it targeted our kids through flavored cigarettes, be a costly and complex regulatory regime. will help to improve public health and reduce manipulating the ingredients in their products, There are some 350 small tobacco manu- costs to our health care system in the long false advertising and other deceiving meth- facturing companies throughout the United run. ods—all to ensure that their profit margins re- States. Together with their suppliers, vendors, I urge my colleagues to support this bill. mained high. In fact, they had to do that. In distributors and tobacco growers, these com- Mr. MCINTYRE. Madam Speaker, I rise order for these companies to continue to make panies employ thousands of people. Tobacco today to express grave concerns about H.R. 1256, the Family Smoking Prevention and To- their profits, they had to find ways to hook growing in particular has long been an impor- bacco Control Act. people on tobacco products. tant part of rural communities. As most of This bill will grant the Food and Drug Ad- I am very proud of the efforts Maryland has these companies are located in rural, eco- ministration (FDA) wide authority to dictate to taken to curb the effects of tobacco use. It has nomically depressed areas, the jobs, em- manufacturers and growers dramatic changes increased the tobacco tax and youth smoking ployee health and pension benefits and rev- in product design and leaf cultivation, a con- has declined. Maryland also passed a com- enue they provide is critical to our local econo- cern that has been raised repeatedly by the prehensive smokefree indoor air law in 2007. mies. While large tobacco companies can ab- tobacco growers in my district. The last thing I am also proud that the Congress took steps sorb the cost of FDA regulation, many of we want is government bureaucrats coming on earlier this year to decrease tobacco use by these smaller companies cannot. This legisla- the farm! increasing federal excise taxes on cigarettes tion will force them to close their doors, leav- The tobacco industry contributes over $36 as part of the reauthorization of the State Chil- ing their employees jobless. billion to the U.S. economy each year, em- dren’s Health Insurance Program. Ms. LEE of California. Madam Speaker; I ploying over 19,000 individuals nationwide. In Let’s make sure that future generations of rise in strong support of the Senate Amend- my home state of North Carolina, over 8,600 young people do not get addicted to tobacco ments to H.R. 1256, the Family Smoking Pre- people are employed by the industry with a products. Addiction to tobacco products has vention and Tobacco Control Act. statewide economic impact of over $23.9 bil- had a huge cost to our society in terms of I want to thank Chairman WAXMAN and his lion. lives and money by killing over 400,000 Amer- staff, and Senator KENNEDY for their tireless The manufacturing provisions and ‘‘FDA on icans each year. This legislation will save lives work over the years to ensure that we could the farm’’ provisions of this bill will put many and money. I strongly urge my colleagues to get to this moment. companies and growers out of business. In join me in putting an end to this deadly cycle The federal regulation of tobacco has been this time of economic uncertainty, we can’t af- and vote yes on this very important bill. a long time coming. I’m pleased that today’s ford to lose more jobs! Ms. FOXX. Madam Speaker, this bill in- action will complete consideration of this bill In addition, the FDA is already overbur- cludes more than $5 billion in new tax in- and send it on to the President to finally get dened with its food safety and drug approval creases on tobacco companies and gives it enacted into law. mission. Placing another large regulatory bur- sweeping control of the tobacco market to the According to the Centers for Disease Con- den on an already overwhelmed agency will FDA. Chairman DINGELL, discussing the sal- trol and Prevention, smoking is the leading further divert attention away from the FDA’s monella outbreak last summer, was quoted in cause of premature death in the United primary role of protecting our food supply and The Wall Street Journal as saying that ‘‘there’s States. More than one in five Americans regulating prescription drugs. a total inability of the FDA to carry out its mis- smoke, and according to the CDC’s most re- Mr. TOWNS. Madam Speaker, today, I rise sion.’’ This isn’t the first Democrat to raise cent report, in 2004 this included about 21 in support of H.R. 1256 because of the public questions about the effectiveness of the FDA. percent of adults and more than 22 percent of health benefits this legislation will provide to It is therefore highly hypocritical of them to ex- high school students. the country. tend the agency’s regulatory authority to a Each year about 1 in 5 deaths, about I am deeply troubled, however, that the leg- multi-billion dollar industry of which the FDA 443,000 people, are a result of smoking or ex- islation we are voting on today does not in- has no expertise. posure to secondhand smoke. And for each clude many provisions of great importance to This bill undermines the established pur- person who dies from a smoking related dis- Federal employees. These provisions were pose of the FDA. As FDA Commissioner An- ease about 20 more are living with a smoking adopted unanimously by this chamber and drew von Eschenbach testified before the attributable chronic illness—or about 8.6 mil- were included in the tobacco legislation that House Energy and Commerce Committee in lion people. was sent to the Senate. October 2007, the FDA is an agency intended In addition to the significant effects of smok- The Oversight and Government Reform to promote and protect the public health. In ing on the health of our constituents, the esti- Committee worked closely with the sponsors the Commissioner’s opinion, requiring the FDA mated costs of smoking-related medical ex- of H.R. 1256 in crafting this legislation. The bill to ‘‘approve’’ tobacco products as a result of penses and loss of productivity exceed $167 modernizes the Federal Employee Thrift Sav- this bill would dramatically change the agen- billion annually. ings Plan, and these changes to the TSP pro- cy’s focus. Mr. von Eschenbach stated that Thankfully, in my state of California we have vide the revenue that covers the cost of new ‘‘Associating any agency whose mission is to known the dangers of smoking for a long time, tobacco prevention programs. As a matter of promote public health with the approval of in- and we were one of the first states to move simple fairness, a portion of this revenue gen- herently dangerous products would undermine forward in banning indoor smoking in public erated by Federal employees was devoted to its mission and likely have perverse incentive places, including bars and restaurants. As a simple fixes to the Federal retirement system effects.’’ result our State has the second lowest preva- that will make it more fair and efficient for Fed- While establishing FDA authority to regulate lence level of smoking among both adults and eral employees and management. tobacco products, this bill would also retain youth, at 14.8 percent and 13.2 percent re- The House-passed legislation included pro- the FTC’s federal authority to regulate tobacco spectively. visions to eliminate inconsistency in how part- advertising and circulation. It would provide It is long past time that we try to take a na- time service, breaks in service, and unused only limited pre-emption of state laws, allowing tional approach to address the dangers of sick leave are considered in calculating retire- more rigid state restrictions on tobacco adver- smoking. ment benefits. These provisions would help tising. I’m pleased that this bipartisan legislation encourage highly-talented individuals to return This bill imposes undue bureaucratic and will grant the Food and Drug Administration to government service at a time when we logistical hardships on tobacco manufacturers authority to regulate the advertising, mar- need to be attracting such individuals to pre- by burying them under multiple layers of regu- keting, and manufacturing of tobacco prod- pare for a wave of upcoming retirements, and

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0636 Sfmt 9920 E:\CR\FM\A12JN7.009 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6660 CONGRESSIONAL RECORD — HOUSE June 12, 2009 would help that wave of retirements be more The SPEAKER pro tempore. Pursu- Rehberg Sherman Towns predictable and orderly. ant to House Resolution 532, the pre- Reichert Shimkus Tsongas Reyes Simpson Turner Unfortunately, the Senate amendments to vious question is ordered. Richardson Sires Upton this bill left out these critical provisions. It is The question is on the motion offered Rodriguez Skelton Van Hollen very disappointing, and unfair to Federal em- by the gentleman from California (Mr. Rogers (AL) Slaughter Vela´ zquez Ros-Lehtinen Smith (NJ) ployees, that they are used to generate the WAXMAN). Visclosky Roskam Smith (TX) Walden Ross Smith (WA) revenue for these important changes, but that The question was taken; and the Walz Rothman (NJ) Snyder a portion of that revenue will not fund impor- Speaker pro tempore announced that Wamp Roybal-Allard Space tant reforms that will make the Federal per- the ayes appeared to have it. Rush Speier Wasserman sonnel system more efficient. I will continue to Mr. BUYER. Madam Speaker, on that Ryan (OH) Spratt Schultz work with my colleagues to ensure that these I demand the yeas and nays. Salazar Stark Waters Watson inequities and inefficiencies in the Federal re- The yeas and nays were ordered. Sa´ nchez, Linda Stearns T. Stupak Watt tirement system are addressed. The vote was taken by electronic de- Sarbanes Sutton Waxman Mr. WU. Madam Speaker, I rise today in vice, and there were—yeas 307, nays 97, Schakowsky Tanner Weiner support of H.R. 1256, the Family Smoking not voting 30, as follows: Schauer Tauscher Welch Prevention and Tobacco Control Act, and ask Schiff Taylor Wexler [Roll No. 335] Schock Teague Wittman my colleagues to agree to the Senate amend- YEAS—307 Schrader Terry Wolf ments. Schwartz Thompson (CA) Woolsey Abercrombie Doyle Lee (CA) The statistics being heard on this floor are Scott (GA) Thompson (MS) Wu Altmire Dreier Lee (NY) Scott (VA) Tiberi handed out on this floor like candy. Because Andrews Driehaus Levin Yarmuth Serrano Tierney Young (AK) numbers are often passed off as nothing more Arcuri Duncan Lipinski Sestak Titus Young (FL) than empty words, we fail to recognize what Austria Edwards (MD) LoBiondo Shea-Porter Tonko Bachus Edwards (TX) Loebsack they mean—in this Speaker, I rise today in Baird Ellison Lofgren, Zoe NAYS—97 Baldwin support case we are talking about people’s Ellsworth Lowey Aderholt Graves Neugebauer Barrow Emerson Luja´ n lives. It was Irving Selikoff, a medical re- Akin Guthrie Olson Bartlett Engel Lungren, Daniel Alexander Heller Paul searcher who co-discovered a cure for tuber- Bean Etheridge E. Bachmann Hensarling culosis who said, ‘‘Statistics are real people Becerra Pence Fallin Lynch Barton (TX) Herger Berkley Perriello with the tears wiped away.’’ Farr Maffei Bishop (UT) Hoekstra Berman Petri For instance, smoking-related diseases Fattah Maloney Boehner Hunter Berry Pitts Filner Manzullo Bonner Inglis cause an estimated 440,000 American deaths Biggert Posey Fleming Markey (CO) Boozman Issa Bilbray Price (GA) each year. And a 2004 study by the CDC’s Fortenberry Markey (MA) Boustany Jenkins Bilirakis Radanovich National Center for Chronic Disease Preven- Foster Marshall Bright Johnson, Sam Bishop (GA) Frank (MA) Massa Broun (GA) Jordan (OH) Roe (TN) tion and Health Promotion found that cigarette Bishop (NY) Frelinghuysen Matheson Burgess King (IA) Rogers (KY) smoke contains over 4,800 chemicals, 69 of Blumenauer Fudge Matsui Buyer Kingston Rohrabacher Boccieri which are known to cause cancer. Gerlach McCarthy (CA) Calvert Kirkpatrick (AZ) Rooney Bono Mack Ninety percent of adult smokers are ad- Giffords McCarthy (NY) Campbell Kissell Royce Boren Gonzalez McCaul Carter Lamborn Ryan (WI) dicted to tobacco before they reach the age of Boswell Gordon (TN) McCollum Chaffetz Latham Scalise Boucher 18; 50 percent before the age of 14. Currently Granger McDermott Coble Latta Schmidt Boyd Grayson McGovern the average age of initiation to tobacco is 11. Coffman (CO) Lewis (CA) Sensenbrenner Brady (PA) Green, Al McKeon Forty-eight million adults smoke in the U.S., Cole Linder Sessions Brady (TX) Green, Gene McMahon Conaway Lucas which is 22.9 percent of the population overall, Braley (IA) Shadegg Griffith McMorris Culberson Lummis Brown (SC) Shuler and 33 percent of youth currently smoke. Grijalva Rodgers Davis (KY) Mack Brown-Waite, Shuster Those real people are our parents and chil- Gutierrez McNerney Davis (TN) McClintock Ginny Smith (NE) Hall (NY) Meek (FL) Diaz-Balart, L. McCotter dren, our family and friends, who suffer the Burton (IN) Souder Hall (TX) Meeks (NY) Diaz-Balart, M. McHenry consequences of addiction to tobacco. I want Butterfield Thompson (PA) Halvorson Melancon Flake McHugh Camp Thornberry my children to grow up healthy and to make Hare Michaud Forbes McIntyre Cantor Tiahrt healthy decisions. To help that happen, H.R. Harman Miller (MI) Foxx Mica Cao Harper Miller (NC) Franks (AZ) Miller (FL) Westmoreland 1256 will put in place the proper authority for Capito Hastings (FL) Miller, George Garrett (NJ) Moran (KS) Whitfield Capps the Food and Drug Administration to establish Heinrich Minnick Goodlatte Myrick Wilson (SC) regulations over tobacco products. We need Capuano Herseth Sandlin Mitchell Cardoza Higgins Mollohan NOT VOTING—30 the FDA to protect our population from the Carnahan Hill Moore (KS) Ackerman Ehlers Lewis (GA) harmful effects of cigarettes and tobacco prod- Carney Himes Moore (WI) Adler (NJ) Eshoo Luetkemeyer Carson (IN) Hinchey Moran (VA) ucts by being able to provide sound, scientific Baca Gallegly Marchant Cassidy Hinojosa Murphy (CT) regulations governing these products. Barrett (SC) Gingrey (GA) Miller, Gary Castle Hirono Murphy (NY) Blackburn Gohmert Nunes Even with all the warnings, and the money Castor (FL) Hodes Murphy, Patrick Blunt Hastings (WA) Rogers (MI) spent on education campaigns, kids are still Chandler Holden Murphy, Tim Brown, Corrine Holt Ruppersberger Clarke Honda Murtha picking up smoking at the alarming rate of Buchanan Jones Sanchez, Loretta Clay Hoyer Nadler (NY) Childers Kennedy Sullivan 3,000 a day in the United States. Cleaver Inslee Napolitano Deal (GA) Kline (MN) Wilson (OH) The health concerns that will face these Clyburn Israel Neal (MA) children are costly, painful, and deadly. Cohen Jackson (IL) Nye b 1154 But they are also ultimately preventable. Connolly (VA) Jackson-Lee Oberstar I am acutely concerned that tobacco compa- Conyers (TX) Obey So the motion to concur was agreed Cooper Johnson (GA) Olver to. nies have used Portland, Oregon, as a test Costa Johnson (IL) Ortiz market for new smokeless tobacco products. Costello Johnson, E. B. Pallone The result of the vote was announced Products like snus, or other tobacco-based Courtney Kagen Pascrell as above recorded. Crenshaw Kanjorski Pastor (AZ) A motion to reconsider was laid on nicotine delivery products have been repeat- Crowley Kaptur Paulsen edly tested in markets like Portland. Cuellar Kildee Payne the table. Many of these products look like candy and Cummings Kilpatrick (MI) Pelosi Stated for: Dahlkemper Kilroy Perlmutter Ms. ESHOO. Madam Speaker, I was not taste sweet. They are an addictive tobacco Davis (AL) Kind Peters trap for children and should be either banned Davis (CA) King (NY) Peterson present during Senate Amendment to H.R. or heavily regulated away from kids. Davis (IL) Kirk Pingree (ME) 1256, the Family Smoking Prevention and To- I ask my colleagues to agree to the Senate DeFazio Klein (FL) Platts bacco Control Act, on June 12, 2009. Had I DeGette Kosmas Poe (TX) been present I would have voted ‘‘yea.’’ amendments to H.R. 1256, the Family Smok- Delahunt Kratovil Polis (CO) ing Prevention and Tobacco Control Act, and DeLauro Kucinich Pomeroy f send this bill to the President’s desk for him to Dent Lance Price (NC) sign. Dicks Langevin Putnam GENERAL LEAVE Dingell Larsen (WA) Quigley Mr. WAXMAN. I yield back the bal- Doggett Larson (CT) Rahall Mr. WAXMAN. I ask unanimous con- ance of my time. Donnelly (IN) LaTourette Rangel sent that Members have 5 legislative

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.007 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6661 days to revise and extend their re- There was no objection. time constraints that will allow us to marks. The SPEAKER pro tempore. Pursu- accomplish those 12 bills within that The SPEAKER pro tempore. Is there ant to clause 1 of rule XXI, all points of time frame. I am hopeful that as Mr. objection to the request of the gen- order are reserved. OBEY and Mr. LEWIS proceed and the tleman from California? f subcommittee Chairs proceed, that we There was no objection. can agree on that occurring. b 1200 f As the gentleman and I have dis- LEGISLATIVE PROGRAM cussed, we will see how the first bill PRIVILEGED REPORT ON RESOLU- goes, or the second or third, and hope- TION OF INQUIRY TO THE PRESI- (Mr. CANTOR asked and was given fully they will go in that fashion. The DENT permission to address the House for 1 only constraint that we want is to uti- Mr. WAXMAN, from the Committee minute.) lize the time so we can effect the objec- on Energy and Commerce, submitted a Mr. CANTOR. Madam Speaker, I tive of passing these bills by the Au- privileged report (Rept. No. 111–146) on yield to the gentleman from Maryland, gust break so we will have time to fin- the resolution (H. Res. 449) of inquiry the majority leader, for the purpose of ish them before the beginning of the requesting the President to provide announcing next week’s schedule. fiscal year. certain documents in his possession to Mr. HOYER. I thank my friend for I would tell my friend that, in addi- the House of Representatives relating yielding. tion to that, there would be one, how- to the Environmental Protection Agen- On Monday, Madam Speaker, the ever, additional request that the chair- cy’s April proposed finding that green- House will meet at 12:30 p.m. for morn- man of the Appropriations Committee house gas emissions are a danger to ing-hour debate and 2 p.m. for legisla- has made—with which I strongly agree public health and welfare, which was tive business, with votes postponed and that I think is fair to all the Mem- referred to the House Calendar and or- until 6:30 p.m. bers and to the committee Chairs and dered to be printed. On Tuesday, the Former Members subcommittee Chairs—and that is that Association will have their annual there will be a requirement for f meeting on the floor at 8:30 a.m. The preprinting an amendment. There will PRIVILEGED REPORT ON RESOLU- House will then meet at 10:30 a.m. for be no selection in the CJS bill of TION OF INQUIRY TO THE PRESI- morning-hour debate and 12 p.m. for amendments, but there will be a re- DENT legislative business. On Wednesday and quirement that they be preprinted and Mr. WAXMAN, from the Committee Thursday, the House will meet at 10 included in the RECORD. on Energy and Commerce, submitted a a.m. for legislative business. And on If, however, I want to assure the gen- privileged report (Rept. No. 111–147) on Friday, as is unusual, the House will tleman, there is some problem with the the resolution (H. Res. 462) requesting meet at 9 a.m. for legislative business. RECORD reflecting an amendment that that the President transmit to the Madam Speaker, we will consider has been prefiled but doesn’t make it in House of Representatives all informa- several bills under suspension of the the RECORD, we would proceed as if tion in his possession relating to spe- rules. A complete list of suspension that had been included in the printed cific communications with Chrysler bills will be noted by the end of the RECORD. Mr. CANTOR. Madam Speaker, I LLC (‘‘Chrysler’’), which was referred day. In addition, we will consider a con- thank the gentleman. to the House Calendar and ordered to As the gentleman knows, in 2005 this be printed. ference report on H.R. 2346, the Supple- mental Appropriations Act on the 2010 House did abide by a schedule such as f Commerce, Justice, Science, and Re- the one that he proposes, and did so PERMISSION TO FILE CON- lated Agencies Appropriation Act and under an open rule on each bill. I ask the gentleman if, given this FERENCE REPORT ON H.R. 2346, the 2010 Homeland Security Appropria- preprinting requirement that we are SUPPLEMENTAL APPROPRIA- tions Act. And I yield back. proceeding under, if there is a need for TIONS ACT, 2009 Mr. CANTOR. Madam Speaker, I a perfecting amendment that comes thank the gentleman. Mr. OBEY. Madam Speaker, I ask upon the adoption of an amendment, unanimous consent that the managers I would say to the gentleman that he how is it that we will be necessarily on the part of the House may have has noticed two appropriations bills for guaranteeing Members’ perfecting until 11:59 p.m. on June 12, 2009, to file next week: Commerce, Justice and amendments the right to be heard? a conference report on H.R. 2346, mak- Science; and the Homeland Security Will there be a UC granted for such a ing supplemental appropriations for appropriations bills. Madam Speaker, I perfecting amendment? I yield. the fiscal year ending September 30, would ask the gentleman, does he ex- Mr. HOYER. I thank my friend for 2009, and for other purposes. pect the House, as is its custom, to yielding. The SPEAKER pro tempore. Is there consider these bills under an open rule? I have discussed this matter with the objection to the request of the gen- And I yield. chairman of the Appropriations Com- tleman from Wisconsin? Mr. HOYER. I thank the gentleman mittee, and it is his view—and I share There was no objection. for yielding. that view, certainly—that in that in- f It certainly would be our intent to stance granting a unanimous consent proceed with an open rule on the con- PERMISSION TO FILE PRIVILEGED would be appropriate. Obviously, if the sideration of the Commerce, Justice circumstances change and such an REPORT ON COMMERCE, JUS- and State bill—I guess it’s Science TICE, SCIENCE, AND RELATED amendment were necessary, I think the now. The intent, of course, as the gen- gentleman will find that the chairman AGENCIES APPROPRIATIONS tleman knows based upon our discus- BILL, 2010 is inclined—and I believe the sub- sions, is that we will finish all 12 ap- committee chairman will be inclined— Mr. OBEY. Madam Speaker, I ask propriation bills individually between to give unanimous consent to achieve unanimous consent that the Com- now and the 30th of July. This will give that objective. mittee on Appropriations may have the Senate and the House the oppor- Mr. CANTOR. I thank the gentleman. until 11:59 p.m. on June 12, 2009, to file tunity to agree on a conference report Madam Speaker, I would say to the a privileged report on a bill making ap- on the 12 appropriation bills and hope- gentleman that the Speaker of the propriations for the Departments of fully enact those bills and send them to House has announced a goal of consid- Commerce and Justice, and Science, the President prior to the onset of the ering the cap-and-trade bill on the and Related Agencies for the fiscal fiscal year October 1. If we do that, of floor prior to the July 4 recess. I would year ending September 30, 2010, and for course, it will be unusual, and it is an ask the majority leader, does he expect other purposes. ambitious schedule. But because of the Speaker’s goal to be met? And I The SPEAKER pro tempore. Is there that, it will be necessary for us to con- yield. objection to the request of the gen- sider these bills in an effective, but Mr. HOYER. I thank the gentleman tleman from Wisconsin? also efficient, fashion and stay within for yielding.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.039 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6662 CONGRESSIONAL RECORD — HOUSE June 12, 2009 We certainly hope so. The Speaker their own safety, but the safety of us question because your first was about and I have both indicated, with respect here at home. We have heard reports the security of the troops—the third to the energy bill, which seeks to not since last night that the war funding question of Guantanamo, let me, first only address the conservation of our bill and its provision and primary mis- of all, read a letter, a paragraph of a energy and making us energy inde- sion of funding the troops has now been letter dated June 11 to Mr. OBEY and pendent, but also seeks to address the somewhat eclipsed by provisions which Mr. INOUYE, the Senate chairman of the global warming challenge that con- have no relation to protecting and sup- Appropriations Committee, from Presi- fronts our globe, to pass that legisla- porting our troops in the field. So I dent Obama. tion in a timely fashion. It passed out would ask the gentleman, could he con- b 1215 of committee, as the gentleman knows, firm, number one, that $108 billion— He says, On May 13 I announced I the week when we left for the Memo- scored at $5 billion by the Congres- would resist the release of additional rial Day break, so it has been pending sional Budget Office—whether that detainee photos because I did not be- now for at least 3 weeks. money for the IMF will be included in It is our hope that we can move for- the troop funding bill? Number two, lieve it would add any additional ben- efit to our understanding of what hap- ward on this as early, perhaps, as the are the reports correct which have in- pened in the past and that the most di- last week in June, which would be im- dicated that the provisions prohibiting rect consequences of releasing them mediately before the July 4 break. the release of detainee photos has now would be to further inflame anti-Amer- Time and circumstances will dictate been stripped from the measure that ican opinion and put our troops in whether or not that is possible, but we we will consider? And thirdly, could greater danger. Earlier today the Sec- certainly do hope to consider that in the gentleman confirm that the con- ond Circuit granted the government’s the near term. ference report coming to the House will motion that will stay the earlier court In addition, as the gentleman un- now allow for the transfer of the Guan- order to release the detainees’ photos, doubtedly knows, we also have under tanamo detainees into the United and we will now move forward with a consideration the health care bill, States? petition to the Supreme Court to ap- which the President has made a very And I yield. peal the case. high priority and which we have made Mr. HOYER. I thank the gentleman for yielding. He goes on to say, I deeply appreciate a very high priority. So that bill will all you have done to help with the ef- also, we hope, be considered prior to As the gentleman recalls, we had a relatively robust discussion about this fort to secure funding for the troops, the August break. and I assure you that I will continue to So those two bills are major pieces of last week. Let me, first of all, say that the prin- take every legal and administrative legislation that we hope to consider, ciple purpose of this bill was, is, and remedy available to me to ensure that but I don’t want to give an exact date will be on Tuesday the funding of our the DOD detainee photographs are not on those because they are complicated troops in the field, providing them with released. Should a legislative solution pieces of legislation. We hope that we the resources necessary to complete prove necessary, I am committed to can reach agreement on—and we would successfully or pursue successfully the working with the Congress to enact like to reach agreement across the task that we’ve given them and to pro- legislation that achieves the objectives aisle as well—if not all facets, at least vide for their safety and well-being to we share. some facets of that bill. I’m sure your the possible extent we can. So that was With respect, lastly, Mr. Whip, to the side has considerations that will help the intent, it is the intent, and will re- detainees, as you know, one detainee us perfect a bill. I think we will prob- main the intent. was, in fact, transferred to the United ably have some agreements, but, never- Now, let me make a suggestion that States, to New York, for the purposes theless, we hope to move forward to- providing for some of the poorest na- of trial. That is not unusual. As the gether on both bills. tions in the world to be more success- gentleman knows, many terrorists Mr. CANTOR. Madam Speaker, I ful economically will not only be bene- have been tried in the New York Dis- thank the gentleman. ficial to our country and to the inter- trict Court in which this trial will I would like to ask a followup of the national economy generally, but also occur. In addition to that, four majority leader, specifically for the to the safety of our troops, very frank- Uyghurs have been ordered released by benefit of the Members who serve on ly. It is, obviously, in deep poverty and the court because the court concluded the Ways and Means and the Agri- frustration from which many of the there was no proof of terrorist activity culture Committees. Will we anticipate terrorists that we have seen have been by the Uyghurs. They’ve been released that those two committees will have recruited. To the extent we provide for to Bermuda. an opportunity to hear and mark up the economies of these small, troubled One Iraqi detainee, Mr. Sadkhan, was the cap-and-trade bill? And I yield. countries, we may well be a safer returned to Iraq. One Chadian detainee Mr. HOYER. I thank the gentleman world, not only economically better was returned to Chad. And Mr. for yielding. off, but from a security standpoint bet- Ghailani, to whom I have referred to I have discussed this matter with the ter off. So we perceive the IMF as an earlier, has been transferred to New chairmen of both committees. Cer- integral part of a process of seeking se- York City, where there is a standing tainly they will have the opportunity. curity. indictment against him. He’ll be tried Whether they will avail themselves of I might say that the IMF, as I quoted for his role in the 1998 attacks in Tan- that opportunity I can’t say at this last week, very strongly supported by zania and Kenya in which the father point in time. What I mean by that is Ronald Reagan, very strongly sup- and brother of one of my constituents, that there are clearly concerns that ported by both President Bushes, but Edith Bartley, were killed, Julian and both committees have and have been particularly President Bush the First, Jay Bartley. So I, for one, am pleased expressed. But whether or not they’re where they said investing in the IMF that this gentleman, and I use that going to actually go to a markup of the was an investment in the well-being of term loosely, unfortunately, but this bill or try to perfect it in other ways the international community and our individual will be tried and brought to on the floor or in working with the En- own country. justice. ergy and Commerce Committee I don’t As you indicate, the $108 billion All four Biscoe conspirators have think has been decided by either com- scores at $5 billion because it’s a loan been found guilty and are serving out mittee at this point in time. guarantee; it’s not a giveaway. We be- sentence in the U.S. supermax prison. Mr. CANTOR. I thank the gentleman. lieve that the IMF is a very important It has been agreed under the language, Madam Speaker, I now would like to part of it, and in answer to your ques- as I understand it, that has been adopt- point out to the gentleman, as all of us tion, the IMF will, in fact, be a part— ed that detainees would be brought to know, that our troops in Iraq and Af- as I think the gentleman probably the United States for no other purpose ghanistan have spent the last 29 days knows—of the conference report that than prosecution. waiting for this Congress to authorize will be filed perhaps later tonight. Mr. CANTOR. I thank the gentleman. the funding that they need to execute With respect to your second question And, Madam Speaker, I would re- their mission to maintain not only regarding—well, I guess your third spond by going back to the gentleman’s

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.041 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6663 original statement concerning the the conference report. The President of viding a combination of policy advice principal purpose of the war funding the United States has asked for the and financial assistance.’’ George Bush bill, and that he said, if I could para- IMF funding. We happen to agree with said that on September 25, 1990, a time phrase, the intent of the bill is to fund the President of the United States that of economic stress internationally for our troops. So I am at somewhat of a the IMF funding is appropriate funding the same reason that President Obama loss to understand why we have taken and does, in fact, as I will restate for and the 19 other industrialized nations 29 days. We’ve already had one strong the gentleman, we believe, add a secu- of the world agreed that this was an bipartisan vote in this House with rity component to the troop funding appropriate step to take. nearly unanimity on our side of the that is the primary purpose of this bill. I would hope the gentleman would aisle to provide the necessary funding Secondly, I reject your premise that urge his party to support this, con- for our troops, so I’m at somewhat of a somehow this money is going to go to sistent with the principles of Ronald loss to understand why the delay. people who are going to harm us. In Reagan and George Bush. The gentleman speaks of the urgent fact, of course, as I told you last week, Mr. CANTOR. I thank the gentleman. need for us, as U.S. taxpayers, to fund the last time Iran, which you men- Madam Speaker, I think, as the gen- a global bailout, and the gentleman tioned, received money was when Ron- tleman knows, we are probably going said that there is indication that some- ald Reagan was President of the United to have to leave this topic and agree to how if we address the issue of poverty States in 1984. There is no expectation, disagree. It is very concerning, given that we will then be lessening the num- in my opinion, that Iran, while it may the new times we are in, and, frankly, ber of terrorists. I don’t know, Madam be eligible technically, is going to get the facts and information have come Speaker, if all of us would agree with any money, as it has not for the last forward about the special drawing that or not. No question, reducing pov- quarter of a century. rights about the fact and knowledge erty is a laudable goal, but we are also I would reiterate what I said last that we have at this point knowing in the business here in Washington of week in quoting Ronald Reagan, no in- U.S. taxpayer dollars will help facili- setting priorities. Priority one should dividual who wanted to give aid and tate countries like Iran, Venezuela, be the funding of our troops and to se- comfort to the enemy. Very forthright Burma, and others to access more cure this country and its citizens. And in his confrontation of communism and money to do what it is that they think thank God we have our men and despotism. He said, ‘‘I have an un- is in their interest and certainly not in women in uniform there. They should breakable commitment to increase the interest of the U.S. be our priority in executing in terms of funding for the IMF.’’ As I cited to you, But I would like to turn the gentle- advocating for the safety and fighting he said that on September 7, 1983. He man’s attention back to his statement for the security of this country. went on to say, ‘‘The IMF is the about the intention of this bill and the So I am still, to use the gentleman’s linchpin of the international financial primary purpose of the war funding word from last week, confounded as to system.’’ bill, which, again, to loosely para- why it is we cannot have the IMF fund- The gentleman and his side of the phrase, was to provide for troop safety ing go through regular order in this aisle continue, in my opinion, to mis- and security, and that’s the underlying House. As you know, reports have indi- represent what is intended by that purpose. The gentleman indicated that cated that actions have been taken by funding. The President of the United the President has already taken the this administration, especially Sec- States, whether it was Ronald Reagan, same position that most of us, I be- retary Geithner, to cast a vote in favor George Bush the First, George Bush lieve, in this House have taken so far of increasing access to money and cred- the Second, or any other President, as these photos are concerned and the it for the member nations of the IMF. that goes to an international meeting release of the photos of the detainees. That is done without congressional ap- with 19 of the other large industrial na- So I am again at somewhat of a loss to proval. And we’re talking here specifi- tions in the world and they sit down to- understand why it is that even if the cally about the special drawing rights gether and attempt to try to bring the White House and the President himself of nations at the IMF. We have also global economy back to vibrancy and have sided with what I think the ma- found out that the nation of Iran will agree that, in part, what is needed is jority of the American people feel as have the ability to access funding of some assistance to the poorest nations well as the Members of this House, why over a billion dollars through this proc- in this world who are themselves being it is that we are doing the opposite in ess. To me, that calls for congressional dragged down and, in the process, ad- the text of the report that we will be oversight and action. It doesn’t war- versely affecting the global markets voting on. rant delaying this bill. It doesn’t war- generally agree to make a substantial And I would say to the gentleman, rant putting on the backs of our troops commitment of loan guarantees avail- Commander Ray Odierno, General the funding of nations, frankly, that able. As the gentleman knows, the Odierno, Commander of the Multi- are providing support for the destruc- United States has about a 20 percent national Forces in Iraq, someone that tion of our efforts and endangering our vote on this, and this is about a 20 per- I’m sure the gentleman has had occa- troops on the ground in Iraq and in the cent contribution that the President sion to meet and I as well, who we region. has agreed to. The other 19 nations know is a very respected and serious So I have a question to the gen- agreed to come up with 80 percent of leader of our troops, he said just a few tleman of why it is so important that these dollars. All of them agreed that weeks ago, I strongly believe the re- we go ahead and fund a global bailout this is in the best interest of restoring lease of these photos will endanger the when the primary mission is to fund our global economy and, I suggest to lives of U.S. soldiers, airmen, marines, our troops. you as well, stabilizing the security sailors, and civilians, as well as the And I yield to the gentleman. situation that confronts the inter- lives of our Iraqi partners. Certain op- Mr. HOYER. I thank the gentleman national community. erating units are at particular risk of for yielding to me. President Bush said—and this is the harm from release of the photos. And The gentleman articulates a number last quote I’ll give. You may be tired of he went on to describe those particular of premises that I reject, I don’t agree hearing these quotes, but your side of risks that are specific. with. Nobody is putting anything on the aisle has been making a great hue The gentleman, I think, can agree the back of the troops. The gentleman and cry as if IMF is some specious, with me it is not in the interest of se- has been in this body for some period of dangerous pursuit. This is not a bail- curing the safety of our troops for us to time, and he knows that from time to out. This is an assistance to people to remain silent or for us not to take con- time the other body adds amendments try to grow back and be positive, con- gressional action ensuring that noth- to bills and it is incumbent upon us to tributing members of the international ing occurs for us to possibly harm our consider those amendments. As the global marketplace. troops in this bill. That is why I ask gentleman knows, when we passed the George Bush said this: ‘‘The IMF and the gentleman again, how have we sat bill through the House, it did not have World Bank, given their central role in here and delayed consideration of the the IMF funding in the bill. The Senate the world economy, are key to helping bill because now we had to ensure in- added it to the bill. It was a subject of all of us through this situation by pro- clusion in the bill the stripping of the

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.042 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6664 CONGRESSIONAL RECORD — HOUSE June 12, 2009 provision which provides the safety of rity and the funding of their efforts tion until we have such plan, we’re not our troops? doesn’t come first. going to take action to facilitate that. And I yield to the gentleman. I would just lastly like to ask the That’s what I think the conference Mr. HOYER. I thank the gentleman gentleman: How is it that when we left agreement sets forth, and I think it for yielding. the House and we had the broad bipar- sets forth protections that can give the Maybe one of the answers is we have tisan support of the provisions which American people a confidence level. less enthusiasm on this side of the aisle fenced off the money so that we would Let me say something additional to for interposing in cases that the court not endanger the citizens and the com- the gentleman. I’m older than the gen- is considering. I was called back on a munities of the targeted facilities that tleman. When I was a child, approxi- Sunday by your side of the aisle many the detainees from Guantanamo would mately 4 or 5 years of age, I was living years ago to do exactly that. It ended come to that we took that fencing off in Mexia, Texas. My father, born in up having no effect. of the money to preclude the funding of Denmark, served in the U.S. Army. He There are a lot of people on my side shipping terrorists here, to now say was in his forties and wasn’t sent over- of the aisle who believe that the objec- that we’re going to be safer, it is a bet- seas. He was the finance officer at a tive that is being sought, which the ter policy for us to try and achieve the POW camp in Mexia, Texas. Mexia, President of the United States and, to rights and protect the rights of the ter- Texas is a town of about 7,500 people— this extent, General Odierno agrees rorists at the potential expense of en- apparently then and now. I asked with the Commander in Chief that dangering U.S. citizens? somebody about it just recently. There these photos ought not to be released, I yield to the gentleman. were 4,000 Nazi troops in a POW camp as I pointed out to you in the para- Mr. HOYER. As the gentleman in Mexia, Texas. They were kept there. graph that I read from the President’s knows, there’s no money in here for They were not necessarily terrorists. letter. In fact, the court has stayed the transferring. The $80 million that was We need to take special precautions. release of those pending a review by requested was not included in the But in the pursuance of the policies the Supreme Court of the United House; was not included in the Senate; enunciated by the President of the States. This matter is under consider- it’s still not included. The bill pro- United States when he ran for office, ation. There was general concern about hibits current detainees from being re- when he was substantially elected by obviating FOIA, the Freedom of Infor- leased in the continental United the American people, he told them ex- mation Act, generally as opposed to States, Alaska, Hawaii or D.C., as the actly what he thought ought to be specifically. But the President has gentleman knows. It prohibits current done. He is pursuing what he said to made it very clear, the Commander in detainees from being transferred to the the American people he would do. He is Chief, and obviously General Odierno current United States, Alaska, Hawaii doing it in my opinion in a thoughtful agrees with the Commander in Chief on or D.C., except to be prosecuted and way that will protect the American this issue, that he is going to take such only after Congress receives a plan de- public and will bring to justice those steps as are necessary to ensure that tailing: risks involved and a plan for who have committed international these photos are not released, to the mitigating such risk; cost of the trans- crimes. I think that is something that extent that he and General Odierno fer; legal rationale and court demands; we are trying to work through. both agree that the release of those and a copy of the notification provided I want to reiterate. The gentleman pictures may, in fact, have an adverse to the Governor of the receiving State has now mentioned so many times that effect on the safety of our troops. So 14 days before a transfer with a certifi- we have allowed the funding of the what I simply respond to the gen- cation by the Attorney General that troops to get caught up with other tleman is that the President of the the individual poses little or no secu- issues. Surely the gentleman, I know, United States and General Odierno are rity risk. does not mean, because he’s been here both in a agreement and the President In addition, the bill provides current long enough to know, that when the of the United States is taking action to detainees cannot be transferred or re- House and the Senate and the Presi- effect that agreement. leased to another country unless the dency were in the hands of his party, President submits to Congress 15 days the funding of the troops got tied up b 1230 prior to such transfer: the name of the from time to time with other issues. Mr. CANTOR. I thank the gentleman, individual and the country the indi- That’s the nature of the legislative Madam Speaker. vidual will be transferred to; an assess- process. But I’m hopeful that the gen- I would simply point to the vote ment of risks posed and actions taken tleman, because he’s so focused on get- taken yesterday in the House on the to mitigate such risks; and the terms ting this money to the troops quickly, motion to instruct conferees, 267 Mem- of the transfer agreement with the will urge all of his colleagues on Tues- bers of this House support the inclu- other country, including any financial day to join with us in voting to fund sion of the language barring release of assistance. the troops. the photos. So I am at a loss to under- Lastly, it requires the President to Mr. CANTOR. I thank the gentleman stand the thinking behind this action submit a report to Congress describing and his plea for support in his bill, when we bring this report to the floor the disposition of each current de- knowing good and well that this bill that strips that language. tainee before the facility can be closed. did not go out of this House without Not only the majority, by far the But let me say in the final analysis, some support from Republicans that Members of this House on both sides of many Republicans, including the were necessary for its passage in its the aisle said that they think that lan- former Secretary of State, Colin Pow- original form. guage is important. The American peo- ell, Chairman of the Joint Chiefs of I would just say to the gentleman ple do. It is counterintuitive to think Staff, adviser to a number of Repub- and thank him for his description of at all that Congress should not take lican Presidents, said on a news pro- the POW camp in Texas. But here we action to secure the safety of our gram almost a year ago now that he are dealing with individuals who are troops and stop the release of those believed that Guantanamo ought to be not necessarily soldiers of war, they’re photos. closed; he believed it should have been enemy combatants, an entirely dif- Lastly, Madam Speaker, I would just closed yesterday when he was speak- ferent set of circumstances that we say to the gentleman, we have been ing. That was a year ago. The Presi- have today. somewhat dismayed again about the dent of the United States has indicated Mr. HOYER. Will my friend yield on clouding of the issues and the under- he thinks Guantanamo ought to be that question? lying principle of this bill, which is to closed. There is disagreement on that. Mr. CANTOR. I will yield. fund our troops and provide for their I understand that. But if it’s going to Mr. HOYER. I thank the gentleman safety, and we’ve seen this process de- be closed, a plan has to be effected for for yielding. layed over unrelated items. It is unfor- the purpose of dealing with those who He and I are probably two of the tunate. And I’m hopeful that our are at Guantanamo, and the President strongest supporters in this body. troops are not getting the wrong mes- is working on such a plan. The Con- Those POWs were part of a regime that sage, that somehow their safety, secu- gress in both bodies made a determina- killed 6 million people. I remind him,

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.043 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6665 and the gentleman doesn’t need re- ADJOURNMENT TO MONDAY, JUNE Mr. CAO. Madam Speaker, although minding of that, but these were not 15, 2009 we live in the 21st century, many peo- simply soldiers of a regime that was Mr. HOYER. Madam Speaker, I ask ple today are still deprived of life, lib- pursuing a war that you and I might unanimous consent that when the erty or property without due process of view in a different way. House adjourns today, it adjourn to law by governments that lack the rule of law. One such government is the So- Mr. CANTOR. Reclaiming my time, I meet at 12:30 p.m. on Monday next for cialist Republic of Vietnam. would just say to the gentleman, as he morning-hour debate, and further, when the House adjourns on that day, About 10 years ago, the Vietnamese does know, there were applicable provi- Ministry of Labor, War Invalids, and sions at law which govern the treat- it adjourn to meet at 10:30 a.m. on Tuesday June 16, 2009, for morning- Social Affairs directly oversaw and op- ment of soldiers at war and there is a erated two state-owned labor compa- hour debate. much less definitive, more nebulous en- nies that were involved in the largest The SPEAKER pro tempore (Ms. KIL- vironment in which we are to look to- human trafficking case ever prosecuted wards enemy combatants, which is my ROY). Is there objection to the request of the gentleman from Maryland? by the U.S. Department of Justice. The point. Because with the trial of enemy There was no objection. case thoroughly documented the ex- combatants on U.S. soil, we are con- ploitation and abusive conditions faced fronting, as the gentleman knows, f by more than 230 workers at the cases of first impression at every turn, MESSAGE FROM THE PRESIDENT Daewoosa factory in American Samoa. and we are confronting uncertainty as A message in writing from the Presi- These victims were beaten, starved, to the disposition of these cases which dent of the United States was commu- sexually harassed and threatened with brings up potential harm for U.S. citi- nicated to the House by Ms. Wanda deportation. The High Court of Amer- zens. Evans, one of his secretaries. ican Samoa subsequently found these state-owned labor agencies liable for I would just go back to the gentle- f the atrocities and made them pay $3.5 man’s plea that he would like to see us COMMENDING SOUTH million to the victims. Almost 10 years support this bill. If the primary pur- ORANGETOWN SCHOOLS SUPER- after the ruling, Vietnam still refuses pose is to maintain, promote the secu- INTENDENT KEN MITCHELL to acknowledge its part in these atroc- rity and safety of our troops and pro- (Mr. ENGEL asked and was given ities and pay. vide them with funding, it is a reach permission to address the House for 1 Madam Speaker, I ask that the U.S. for me to understand how allowing for minute and to revise and extend his re- Congress demand that the Vietnamese a release of photos, how allowing for marks.) government pay the damages and re- the transfer of enemy combatants—ter- Mr. ENGEL. Madam Speaker, I rise spect the rule of law. rorists—to U.S. soil furthers that end. today to commend South Orangetown f So I would say in closing, Madam Schools Superintendent Ken Mitchell b 1245 Speaker, if the gentleman is satisfied in Rockland County in my district for with deferring to the White House and his quick reaction and his bravery as CONTINUING BONUSES FOR deferring to this President on the very he singlehandedly prevented what BANKERS core purpose of securing this country could have been a terrible tragedy in (Ms. KAPTUR asked and was given at all levels and doesn’t feel the Con- South Orangetown Middle School. permission to address the House for 1 gress should take affirmative action, According to reports, a man came minute.) then I believe his support of this bill is into the school, stormed past security Ms. KAPTUR. Madam Speaker, since well put. But it is certainly the opinion and demanded at gunpoint that Mr. January, the American people have en- of many of us in this House as indi- Mitchell make changes to a letter on dured another loss of $1.33 trillion of cated by votes as late as yesterday swine flu. He certainly picked the their wealth, having already faced the that we can do better, that we can take wrong person to threaten when he took worst drop in wealth since 1951 in the action to secure our troops, get them on Mr. Mitchell, a former hockey play- prior quarter. Yet despite being at the the money they need and get rid of the er and coach. The 55-year-old super- root of our economy’s tailspin, Wall Street continues to issue huge bonuses. unrelated items in this bill. intendent was able to tackle him and disarm him before police were able to For example, Merrill Lynch has Mr. HOYER. I simply want to ob- break into the locked office to appre- issued $4 billion in bonuses to the very serve, as I pointed out in the five or six hend the suspect. bankers and financiers who created points I made, particularly that cur- Thankfully, no one was hurt. this mess that are now nested over at rent detainees cannot be transferred or Why someone would enter a school the Bank of America. This is yet an- released to another country without with a gun is something I will never other sign that America needs to rein notice to us, nor can they be released understand. It’s disturbing to even in the false money wizards and reward here in the United States without fur- fathom what could lead someone to those who create real wealth in our so- ther action. So that the gentleman’s choose to do that. However, it is heart- ciety, starting with hardworking premise is, I think, not correct, that ening to realize that someone like Ken Americans. this President has the authority to, or Mitchell is standing in their way. So let me ask the question, when will the intent to release people at this The dedication shown by Mr. Mitch- Wall Street’s profits translate into a time in the United States before or ell to the children should be an exam- better life for everyone else? With after trial. ple to all. Our Nation has witnessed too wealth declining and unemployment rising, America should not be hollowed Having said that, I would say, the many deaths of our children in their out by Wall Street. Rather, Wall gentleman continues to talk about the schools. The people of the South Street’s business should translate into add-ons, but I will tell the gentleman, Orangetown school system and the a better way of life for the American as the gentleman knows, over 80 per- community as a whole owe him a huge Republic. We have wandered far from cent of this bill deals with the funding debt of gratitude. that mark. and security of our troops and the pros- Hero is an overused word in today’s AMERICANS’ NET WORTH SHRINKS $1.33 ecution of the effort to defeat ter- world, but I can think of fewer situa- tions which more warrant that word TRILLION IN 1Q rorism. Over 80 percent of this bill. It is (By Jeannine Aversa) in that context that I would hope the than protecting children in their class- rooms. Ken Mitchell is truly a hero. WASHINGTON.—American households lost gentleman would see his way clear to $1.33 trillion of their wealth in the first three f urging his colleagues to join with us in months of the year as the recession took a passing this needed legislation. VIETNAM MUST RESPECT THE bite out of stock portfolios and dragged down RULE OF LAW home prices. Mr. CANTOR. Madam Speaker, I The Federal Reserve reported Thursday thank the gentleman very much for his (Mr. CAO asked and was given per- that household net worth fell to $50.38 tril- suggestion and counsel, and I yield mission to address the House for 1 lion in the January-March quarter, the low- back the balance of my time. minute.) est level since the third quarter of 2004. The

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.045 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6666 CONGRESSIONAL RECORD — HOUSE June 12, 2009 first-quarter figure marked a decline of 2.6 Why would the Obama administra- or liberal, each one of us needs to re- percent, or $1.33 trillion, from the final quar- tion give terrorists the same rights as member as parents, as husbands, as re- ter of 2008. American citizens? Members of al sponsible citizens, that we cannot pass Net worth represents total assets such as Qaeda and the other terrorist groups on a burden of debt to our kids. homes and checking accounts, minus liabil- ities like mortgages and credit card debt. should be treated as what they are, On every vote on every issue, we need The damage to wealth in the first quarter America’s enemies engaged in a war to remember that our children are in- came from the sinking stock market. The against the United States. heriting the biggest debt and the big- value of Americans’ stock holdings dropped Giving terrorists constitutional gest deficit in our Nation’s history. As 5.8 percent from the final quarter of last rights is like giving a burglar the key bad as the deficit was under Mr. Bush, year. to your house. the Economist points out it will quad- The stock market began to rally from 12– f ruple this year and stay over $1 trillion year lows in early March after Citigroup Inc. a year out into the future. reported it was profitable in the first two CONCERNS WITH A GOVERNMENT- Madam Speaker, on every vote on months of the year. Since peaking in October RUN HEALTH CARE PLAN 2007, it had been the worst bear market since every issue, this Congress needs to cut the aftermath of the crash of 1929. (Mr. WILSON of South Carolina spending. No new taxes, no new spend- Another hit came from falling house asked and was given permission to ad- ing, and no new debt. prices. The value of household real-estate dress the House for 1 minute and to re- f holdings fell 2.4 percent, according to the vise and extend his remarks.) Fed report. Mr. WILSON of South Carolina. SPECIAL ORDERS Collectively, homeowners had only 41.4 Madam Speaker, Republicans are com- The SPEAKER pro tempore. Under percent equity in their homes in the first mitted to health care reform, and we the Speaker’s announced policy of Jan- quarter. That was down from 42.9 percent in the fourth quarter and was the lowest on have and will continue to offer positive uary 6, 2009, and under a previous order records dating to 1945. solutions to achieve accessible, afford- of the House, the following Members The Case-Shiller national home price able health care for all Americans. Un- will be recognized for 5 minutes each. index, a closely watched barometer, last fortunately, as Democrats sat behind f month estimated that house prices dropped closed doors to develop their plan, it The SPEAKER pro tempore. Under a 7.5 percent during the first quarter. Prices appears they have failed to answer previous order of the House, the gen- have fallen 32.2 percent since peaking in the some troubling concerns about what tleman from Texas (Mr. PAUL) is recog- second quarter of 2006. seems quite likely to be an unwar- The latest snapshot of Americans’ balance nized for 5 minutes. sheets was contained in the Fed’s quarterly ranted government takeover of the (Mr. PAUL addressed the House. His report called the flow of funds. health care system. remarks will appear hereafter in the Despite the drop, the speed at which net So in the spirit of honest debate, I Extensions of Remarks.) worth shrunk slowed at the start of the year. ask my Democrat colleagues how they f During the recession’s deepest point in the expect to pay for a government insur- October-December period, Americans’ net ance plan without raising taxes or driv- THE WAR FOR THE BORDER worth fell a record 8.6 percent, according to ing up the national debt. How will a CONTINUES revised figures. That was the largest drop on government-run health plan not lead to The SPEAKER pro tempore. Under a records dating to 1951. With wealth declining and unemployment the same rationing of care that we previous order of the House, the gen- rising, there are questions about how con- have seen in other countries? How will tleman from Texas (Mr. POE) is recog- sumers—the lifeblood of the economy—will a government-run health plan protect nized for 5 minutes. behave in the coming months. the doctor-patient relationship, when Mr. POE of Texas. Madam Speaker, If they continue to spend, even at a sub- Washington will now be empowered to the out-of-control violence along our dued pace, the recession likely will end this pick and choose what procedures and border is made up of more complex ele- year as predicted by Fed Chairman Ben treatments are, in their opinion, cost ments than most people realize. The Bernanke and other economists. However, if beneficial? criminal cartels controlling our south- consumers hunker down and cut spending again, that could delay any recovery. In the Before we turn congressional offices ern border are a lot more powerful than final quarter of last year, Americans slashed into waiting rooms, I hope my Demo- we are led to believe. They are inter- spending at an annualized rate of 4.3 percent, crat colleagues will answer these ques- national organized crime cartels that the most in 28 years. tions. make money off the weaknesses of oth- Still, there was some encouraging news on In conclusion, God bless our troops, ers. They traffic drugs, money, weap- consumer spending Thursday. and we will never forget September the ons and human beings across our Retail sales rose 0.5 percent in May, fol- 11th and the Global War on Terrorism. southern border. They leave death, lowing two straight monthly declines, the f doom, and destruction in their wake. Commerce Department reported. Meanwhile, Make no mistake about it, there is the number of newly laid-off workers filing NO NEW TAXES, NO NEW corruption on both sides of the border for unemployment benefits fell last week by SPENDING, NO NEW DEBT 24,000 to 601,000, the lowest level since late that facilitates the lawlessness that is January. (Mr. CULBERSON asked and was taking place there. Just last month the f given permission to address the House former sheriff of Starr County, Texas, for 1 minute and to revise and extend Rey Guerra, pled guilty to Federal nar- DON’T GIVE TERRORISTS his remarks.) cotics charges. He admitted to facili- CONSTITUTIONAL RIGHTS Mr. CULBERSON. Madam Speaker, I tating intelligence that helped Mexi- (Mr. SMITH of Texas asked and was just finished speaking to the Bunker can drug traffickers invade the United given permission to address the House Hill and Wilchester Elementary School States and evade counternarcotics ef- for 1 minute and to revise and extend students, and I want to bring to the at- forts. That included trying to find out his remarks.) tention of the people here in the audi- the identity of confidential informants. Mr. SMITH of Texas. Madam Speak- ence and out there the cover of the new Madam Speaker, he needs to be er, ‘‘You have the right to remain si- Economist magazine which expresses locked up forever for his betrayal of lent. Anything you say can and will be beautifully the terrible, terrible burden this country and law enforcement. But used against you in a court of law. You that this Congress, this liberal major- he is just one of a growing number of have the right to an attorney present ity, is passing on to our kids. recruits from both sides of the border during questioning. If you cannot af- Now, there was debt run up under the that are facilitating this avalanche of ford an attorney, one will be appointed previous administration. I as a member corruption and anarchy along the for you.’’ of the fiscally conservative minority southern frontier. American citizens are read these voted against $2.3 trillion worth of new The Mexican criminal cartels have rights when they are taken into police spending under the previous adminis- added a layer of intelligence that bet- custody. But the Obama administra- tration. I already voted against $1.6 ter resembles foreign recruitment of tion has decided to give these rights to trillion in this administration. And no spies during the Cold War than a tradi- suspected terrorists overseas. matter who you are, fiscal conservative tional criminal enterprise. The huge

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.014 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6667 amounts of money paid to these offi- is not enough to secure the border. The overwhelmingly devoted to military cials allow these criminals to traffic Air National Guard needs more equip- operations. It includes very little for people and drugs into our land. ment, more money and more troops to the economic development, humani- There is a huge difference in the size capture the outlaw cartel gangs. The tarian aid, and diplomatic efforts that and scope of these international crimi- U.S. gave Mexico $1.5 billion to fight we really need to stop extremists in Af- nal activities and the typical domestic the cartels. That money should have ghanistan and in Pakistan. law enforcement agencies and their du- been given to our border protectors, The ratio is 90–10, 90 percent to the ties. As more and more of the violence not the culture of corruption on the Department of Defense, 10 percent to spills over into Texas and other border Mexican side of the border. the smart alternatives. I believe the States, there is an urgent need to get A lot of attention has been rightly supplemental also violates the spirit of this lawlessness under control. focused on our southern border over President Obama’s historic speech in The cost of this culture of crime is the past few years. We have increased Cairo where he offered the Muslim hammering border States. The FBI is the boots on the ground, installed some world the hand of friendship. In that stretched too thin, they don’t have the cameras and erected some barriers and speech he said that we must leave Iraq manpower to address this cross-border fences and sensors. The efforts have to the Iraqis. But the supplemental corruption, and they are fighting do- not sealed the border, however. will only delay the return of sov- mestic Federal crime and jihadists. As the violence gets worse in Mexico, ereignty to the Iraqi people. Right now we are asking local sher- we must get a border strategy in place iffs in border States to do double duty, now before it erupts into a level of And then there is the little matter of as if they are agents of Interpol. Our widespread violence and more corrup- the recession, Madam Speaker. When domestic police forces should be freed tion that engulfs our own citizens. the American people are feeling such up to do what they do best, fight crime It is not going away, Madam Speak- great pain and need so much help right in their counties and their commu- er. The drug cartels are in it for the here at home, we can’t afford to squan- nities. long haul because of their lust for der another $100 billion on foreign mili- Our Drug Enforcement Agency is money. There is a war against drugs tary adventures that will not make our doing a noble effort to control these going on on the border, even though we country safe. international criminal cartels that are told now that we should not, be- more and more resemble an army at cause of political correctness, use that b 1300 the border than the Cosa Nostra, but term. the FBI has not been given enough The first duty of government is to Instead of approving the supple- American resources. The Border Patrol protect the people. The government mental bill, the House should be urging is overrun, outmanned, and outgunned. needs to focus on border protection. the administration to fundamentally Our government has limited their Meanwhile, the border war continues. change our mission in Iraq, and our rules of engagement. Their standard And that’s just the way it is. mission in Afghanistan. We can do this in several ways. operating procedure is f nonconfrontational. Heavily armed bad First, we should support the bill of- ENDING MILITARY OPERATIONS IN guys come through with their contra- fered by JIM MCGOVERN of Massachu- IRAQ AND AFGHANISTAN band of drugs and humans, and yet lit- setts, which calls upon the administra- tle is done when they confront our Bor- The SPEAKER pro tempore. Under a tion to submit an exit strategy for Af- der Patrol. These cartels are made up previous order of the House, the gentle- ghanistan. woman from California (Ms. WOOLSEY) of a hybrid of many of the worst ele- Second, I urge my colleagues to con- is recognized for 5 minutes. ments of organized crime. They include sider the plan that I have offered in Ms. WOOLSEY. Madam Speaker, the terrorist cells, international espionage House Resolution 363. It’s called the supplemental appropriations bill to agencies, and a foreign military. Smart Security Platform For the 21st But why are we acting as if we can no continue our military operations in Century. Smart Security attacks the longer defend our borders and citizens Iraq and in Afghanistan will soon re- root causes of violence by fighting pov- from this lawlessness? It is the philos- turn to the House for another vote. I erty and giving people hope for a better ophy of some that we should wave the voted against it in the first place, and future. It controls the spread of nu- white flag of surrender and lessen, not I am going to vote against it again. I clear and conventional weapons of strengthen, our border security. This is cannot support it because it will pro- mass destruction, and it strengthens absolute nonsense. The Mexican orga- long our military involvement in Iraq our national security by reducing our nized criminal cartels are sophisti- and it will increase our military build- dependence on foreign oil. cated, and they are deadly. Maybe it is up in Afghanistan. time to put the United States military I would gladly vote to fund the safe And finally, we should insist that at on the border. There is no higher duty withdrawal of our troops and contrac- least 80 percent of all future funding for the American military than to pro- tors out of Iraq. But the supplemental for Afghanistan be devoted to the tect the borders of its own Nation from gives me a feeling of deja vu. Haven’t Smart Security I just described. Right international criminal invasion. we been there before, voting to include now, the supplemental, as I told you, It is interesting, Madam Speaker. We billions of dollars for the occupation of devotes more than 90 percent of its dol- use our military thousands of miles Iraq? lars to purely military efforts, efforts away to fight the drug war in Afghani- Congress has voted to increase fund- that are getting us nowhere. stan, but we won’t use them at home. ing for Iraq many times, even though Madam Speaker, we must not repeat Why not? There is no answer from the the American people want the occupa- the mistakes of the past. We’ve got to administration. tion to end, and it seems the Iraqi peo- stop writing more blank checks for We should rotate deployments of our ple want us out of their country as open-ended occupations. This is what military to the southern border. Our well. the American people want, and Con- brave men and women are routinely de- The supplemental also calls for send- gress must listen. ployed for desert training. Why not ing more troops to a foreign land, this concentrate these deployments on the time Afghanistan, with no exit strat- f border? This frees up our domestic law egy. Talk about repeating past mis- enforcement to do the job they should takes. Talk about deja vu. Afghanistan The SPEAKER pro tempore. Under a be doing, which is rooting out corrup- feels exactly the same as Iraq did to previous order of the House, the gen- tion on our side of the border. me. tleman from Indiana (Mr. BURTON) is Madam Speaker, I have flown with President Obama has said that a recognized for 5 minutes. the National Guard along the Texas- campaign against extremism will not (Mr. BURTON of Indiana addressed Mexico border. They do a tremendous succeed with bullets and bombs alone. the House. His remarks will appear job working with the Border Patrol and He is absolutely correct about that. hereafter in the Extensions of Re- the DEA. But a handful of helicopters But the money in the supplemental is marks.)

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.050 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6668 CONGRESSIONAL RECORD — HOUSE June 12, 2009 HONORING WILLIAM C. ‘‘DUB’’ about faith and family and free enter- I rise today not only to express my MCCARTY prise and freedom, and he chose to put support for H. Res. 529, but also to The SPEAKER pro tempore. Under a his principles into action by serving as thank my good friend and colleague, previous order of the House, the gen- chairman of the Henderson County Re- Mr. KLEIN, for introducing it and for tleman from Texas (Mr. HENSARLING) is publican party for 8 years. That’s including me as a cosponsor. recognized for 5 minutes. where I first met Dub McCarty, this Madam Speaker, the Holocaust Me- Mr. HENSARLING. Madam Speaker, kind, giving, caring individual. He was morial Museum is a noble and vitally I rise today to honor the life of William always upbeat. He always had a smile necessary attempt to remember and C. ‘‘Dub’’ McCarty, and recognize his on his face and he always knew that if honor the victims of the Holocaust. commitment and service to his com- we worked together, that America’s The memorial itself is a witness to munity, the State of Texas and to our best days would lay ahead of her. He truth and the promotion of human dig- great Nation. made a difference. nity and tolerance. Dub, a resident of Athens, Texas, As the congressman for the Fifth Dis- Wednesday’s attack on that museum passed away last month. He was a lov- trict of Texas, I’m honored and, frank- by a crazed, hate-filled gunman is yet ing husband of 58 years to JoAnn. He ly, humbled to recognize my good another chilling reminder that our so- was a proud father to daughters Cyn- friend, Dub McCarty. On behalf of all ciety still harbors a dangerous collec- thia and Mary Lou. He was a devoted the constituents of the Fifth District tion of bigots and racists who hate grandfather of Cole, Kyle, and of Texas, and a grateful Nation, I Jews. Michelle, and great grandfather of would like to extend our heartfelt con- Unparalleled since the dark days of Kristen, Preston, and Daniel. And fi- dolences and prayers to JoAnn and the the Second World War, Jewish commu- nally, Madam Speaker, he was my dear family. nities around the world are today fac- friend. Dub will be greatly missed, but I ing violent attacks against syna- Dub was born in 1929 in Scurry Coun- take solace in knowing that his con- gogues, Jewish cultural sites, ceme- ty, Texas, and graduated from Lamesa tributions will live on, and that the teries and individuals. Anti-Semitism High School. After graduation, Dub people who had their lives touched by is an ugly reality that won’t go away proudly, proudly defended our Nation Dub McCarty will never forget. by ignoring it or by wishing it away. It during the Korean war by serving in Madam Speaker, I am one of those must be combated with resolve and te- the United States Army. people. nacity, and it must be defeated. When his service ended, Dub began Godspeed to Dub McCarty. He has The sad and deeply troubling reality what became a legacy of leadership in left us, but he has gone on to now hear is that James von Brunn cannot be dis- our free enterprise system and service those words in a different place, ‘‘Well missed as an aberration, but is con- to his community. done, good and faithful servant.’’ nected to a whole hate-promoting Dub returned to Lamesa to work and movement that results in violence f eventually own his own clothing busi- against Jews in America and around The SPEAKER pro tempore. Under a ness. He gave back to his small West the world on practically a daily basis. previous order of the House, the gen- Texas community by shaping the lives The Anti-Defamation League re- tleman from California (Mr. SCHIFF) is of younger men as an Order of DeMolay cently issued its annual audit of anti- recognized for 5 minutes. Dad and as a longtime Boy Scout lead- Semitic incidents. While the ADL is to (Mr. SCHIFF addressed the House. er in Lamesa. be congratulated for its careful re- Dub then moved to my hometown of His remarks will appear hereafter in search on an unpleasant but absolutely Dallas, Texas, where he began a long the Extensions of Remarks.) necessary subject, the ugly facts that career in corporate group insurance f the report documents makes for pain- ful reading. management. After that though, he set DENOUNCING THE MURDEROUS In 2008, the ADL noted 1,352 reported his sights eastward to the pine trees ATTACK ON THE HOLOCAUST incidents of vandalism, harassment, and lakes of East Texas, and began a MEMORIAL MUSEUM fire and casualty insurance business in and physical assaults on Jewish people Henderson County. The SPEAKER pro tempore. Under a or Jewish-owned property nationwide. As a business owner, he helped count- previous order of the House, the gen- Sadly, and shamefully, my own State less members of his community tleman from New Jersey (Mr. SMITH) is of New Jersey had more reported anti- achieve their American dream, and he recognized for 5 minutes. Semitic incidents, 238, than any other took great pride in his community. His Mr. SMITH of New Jersey. Madam State in the Union. record of service today is still un- Speaker, yesterday, as ranking mem- The attack on the Holocaust Museum matched in East Texas. He served as ber of the Africa Subcommittee, I is the most ominous aspect of this evil the Cedar Creek Chamber of Commerce joined several colleagues at an impor- wave that we have seen worldwide and president. He helped establish the tant Foreign Affairs Committee meet- in our own country. The Holocaust Mu- Cedar Creek Library. He was a charter ing with Prime Minister Morgan seum is a unique institution. It is a member of the library’s board of direc- Tsvangirai of Zimbabwe. It was an ex- memorial, a museum, a center of Holo- tors, and he and his wife, JoAnn, traordinary opportunity to discuss caust scholarship, and a promoter of worked tirelessly to support and grow Zimbabwe’s progress towards democ- tolerance and preventer of genocide. It that library. He led the Cedar Creek racy and away from dictatorship, its is a very powerful symbol of the soli- Kiwanis Club and was Division 26 lieu- problems with hyperinflation, and mul- darity of America with those murdered tenant governor for over two years. tiple health crises, including cholera, in the Holocaust, and with the Jewish He served as secretary treasurer of and to obtain a fuller understanding of people as well. the Athens Kiwanis Club. He took a what additional steps the United Madam Speaker, at this critical mo- leadership in their annual pancake States can take right now to help. ment, we need government officials at breakfast. He was an active member of That meeting, however, occurred at all levels to denounce, without hesi- the Athens Rotary Club. And, Madam precisely the same time that the House tation or delay, every anti-Semitic act, Speaker, the list of community service considered H. Res. 529, a resolution wherever and whenever it occurs, no goes on and on. condemning the June 10th violent at- exceptions. At this moment, not to Now, we all know across America tack on the Holocaust Memorial Mu- speak out enables the purveyors of that the Rotary motto is ‘‘service seum, a despicable anti-Semitic act hate. They never take a holiday. They above self.’’ Dub lived those words that killed Officer Stephen Tyrone never grow weary, nor should we. every day of his life. He led by exam- Johns. And as so eloquently articu- Just as Mr. Brunn attacked the Holo- ple, and his example represents the lated by so many of my colleagues yes- caust Memorial Museum and murdered best of the American character. terday during that debate, we salute a courageous security officer tasked Madam Speaker, Dub was not indif- Officer Johns for his bravery and his with its protection, Holocaust remem- ferent to the direction of his State and courage, and extend our deepest condo- brance and tolerance education must Nation either. He cared passionately lences to his family. dramatically expand, and we need to

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.054 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6669 ensure that our respective laws punish notice stating that the emergency is to According to the Department of Jus- those who hate and incite violence continue in effect beyond the anniver- tice, ‘‘From its inception, the Holy against Jews. sary date. In accordance with this pro- Land Foundation existed to support Finally, if we are to protect our chil- vision, I have sent to the Federal Reg- Hamas. The government’s case in- dren from the evil of anti-Semitism, we ister for publication the enclosed no- cluded testimony that, in the early must re-educate ourselves and system- tice stating that the national emer- 1990s, Hamas’ parent organization, the atically educate our children. While gency and related measures blocking Muslim Brotherhood, planned to estab- that starts at our homes, the classroom the property of certain persons under- lish a network of organizations in the must be the incubator of tolerance as mining democratic processes or insti- U.S. to spread a militant Islamist mes- well. It seems to me that only the most tutions in Belarus are to continue in sage and raise money for Hamas. The hardened racist can remain unmoved effect beyond June 16, 2009. defendants sent Holy Land Foundation- by Holocaust education and remem- Despite some positive developments raised funds to Hamas-controlled zakat brance. Only the most crass, evil and during the past year, including the re- committees and charitable societies prejudiced among us can study the hor- lease of internationally recognized po- West Bank and Gaza.’’ rors of the Holocaust and not cry out: litical prisoners, the actions and poli- Among the unindicted conspirators Never again! cies of certain members of the Govern- in the case is an organization which, ment of Belarus and other persons that f over the last several years, has been have undermined democratic processes granted access to the highest levels of The SPEAKER pro tempore. Under a or institutions, committed human previous order of the House, the gentle- the U.S. Government—an organization rights abuses related to political re- which is routinely elevated in the press woman from California (Ms. RICHARD- pression, and engaged in public corrup- as a voice of mainstream Muslim SON) is recognized for 5 minutes. tion pose a continuing unusual and ex- (Ms. RICHARDSON addressed the Americans. This organization is the traordinary threat to the national se- Council on American-Islamic Rela- House. Her remarks will appear here- curity and foreign policy of the United after in the Extensions of Remarks.) tions, or CAIR. States. For these reasons, I have deter- Tawfik Hamid, according to his bio, f mined that it is necessary to continue is an ‘‘Islamist thinker and reformer The SPEAKER pro tempore. Under a the national emergency and related and onetime Islamist extremist from previous order of the House, the gen- measures blocking the property of cer- Egypt. He was a member of a terrorist tleman from Kansas (Mr. MORAN) is tain persons undermining democratic Islamic organization, Jemaah recognized for 5 minutes. processes or institutions in Belarus. Islamiyah, with Dr. Ayman al- (Mr. MORAN of Kansas addressed the BARACK OBAMA. Zawahiri, who became later the second House. His remarks will appear here- THE WHITE HOUSE, June 12, 2009. in command of al Qaeda. after in the Extensions of Remarks.) f On May 25 of 2007, in a Wall Street f COUNCIL ON AMERICAN-ISLAMIC Journal op-ed, Hamid wrote the fol- The SPEAKER pro tempore. Under a RELATIONS—CAIR lowing, ‘‘In America, perhaps the most conspicuous organization to persist- previous order of the House, the gen- The SPEAKER pro tempore. Under ently accuse opponents of tleman from North Carolina (Mr. the Speaker’s announced policy of Jan- JONES) is recognized for 5 minutes. uary 6, 2009, the gentleman from Vir- Islamophobia is the Council of [sic] American Islamic Relations.’’ The ob- (Mr. JONES addressed the House. His ginia (Mr. WOLF) is recognized for 60 remarks will appear hereafter in the minutes as the designee of the minor- servations of Mr. Tawfik, himself a Extensions of Remarks.) ity leader. Muslim, are particularly relevant in light of recent news reports. f Mr. WOLF. Madam Speaker, as rank- On January 30, 2009, Fox News re- The SPEAKER pro tempore. Under a ing member on the Commerce, Justice, Science Appropriation Subcommittee, ported that the FBI was ‘‘severing its previous order of the House, the gen- once close ties with the Nation’s larg- tleman from Arizona (Mr. FLAKE) is which last week considered the fiscal year 2010 appropriations bill, I have a est Muslim advocacy group, the Coun- recognized for 5 minutes. cil on American-Islamic Relations, (Mr. FLAKE addressed the House. His keen interest in and oversight respon- sibility for a host of counterterrorism amid mounting evidence that it has remarks will appear hereafter in the links to a support network for Hamas.’’ Extensions of Remarks.) and related initiatives. The bill which is expected to come Given that Hamas is on the current f before the full House next week in- list of U.S.-designated foreign terrorist CONTINUATION OF THE NATIONAL cludes $7.7 billion to support the work organizations, this was obviously a se- EMERGENCY WITH RESPECT TO of the Federal Bureau of Investigation, rious claim and one which, if true, THE ACTIONS AND POLICIES OF the FBI, whose top priorities include would rightly inform a shift in FBI pol- CERTAIN MEMBERS OF THE GOV- protecting and defending the United icy. However, the Fox News piece left ERNMENT OF BELARUS AND States against terrorism and foreign me with some unanswered questions, OTHER PERSONS THAT UNDER- intelligence threats. questions which, given the seriousness of the report, necessitated further in- MINE DEMOCRATIC PROCESSES b 1315 OR INSTITUTIONS IN BELARUS— quiry. Such questions of the executive MESSAGE FROM THE PRESIDENT The FBI was intimately involved in a branch are a common congressional OF THE UNITED STATES (H. DOC. 15-year investigation, which cul- practice and, in fact, are the responsi- NO. 111–47) minated last fall in the Holy Land bility of the legislative branch of gov- Foundation and five of its former orga- ernment and are the intended purpose The SPEAKER pro tempore laid be- nizers being found guilty of illegally of our system of checks and balances. fore the House the following message funneling more than $12 million to the For 6 years, from 2001–2006, I served from the President of the United terrorist group Hamas. as chairman of the appropriations sub- States; which was read and, together A Department of Justice press re- committee which has oversight of the with the accompanying papers, referred lease issued May 27, 2009, reported, FBI. This year, I resumed a leadership to the Committee on Foreign Affairs ‘‘U.S. District Judge Jorge A. Solis role as the lead Republican on the sub- and ordered to be printed: sentenced the Holy Land Foundation committee. To the Congress of the United States: for Relief and Development and five of According to the Congressional Re- Section 202(d) of the National Emer- its leaders following their convictions search Service, ‘‘Congressional over- gencies Act (50 U.S.C. 1622(d)) provides by a Federal jury in November 2008 on sight refers to the review, monitoring for the automatic termination of a na- charges of providing material support and supervision of Federal agencies, tional emergency unless, prior to the to Hamas, a designated foreign ter- programs, activities, and policy imple- anniversary date of its declaration, the rorist organization.’’ The sentences mentation. It is an integral part of the President publishes in the Federal Reg- range from 15 years to 65 years in pris- American system of checks and bal- ister and transmits to the Congress a on. ances.’’

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.056 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6670 CONGRESSIONAL RECORD — HOUSE June 12, 2009 A young Woodrow Wilson, before be- Congress, none of whom, to my knowl- the ‘‘certain issues’’ which you have raised coming President, put it this way. He edge, had been informed of this policy with CAIR? Is there still informal contact said, ‘‘Quite as important as legislation shift, and it was just that—a policy with any field offices? If so, what is the dis- is vigilant oversight of administra- shift. tinction between formal and informal and why is there a distinction between field of- tion.’’ The FOX piece noted later that the fices? Needless to say, I take very seriously FBI has ‘‘long been close to CAIR. The To your knowledge, does CAIR receive fi- the responsibility of congressional agency has previously invited CAIR to nancial contributions from foreign sources? oversight, especially in matters with give training sessions for agents and If so, which ones and how much? potential national security implica- used it as a liaison with the American I would like these questions fully answered tions. In this spirit of oversight, I Muslim community.’’ by this Friday, March 13, and by someone wrote to the FBI on February 2, seek- I was one of several Members of Con- who works on counter-terrorism, rather than a public affairs officer. Other members of ing additional information and clari- gress, both Democrat and Republican, Congress, both House and Senate, have ex- fication regarding the Bureau’s deci- who wrote the Bureau in the days fol- pressed interest in and additional informa- sion about its relationship with CAIR. lowing this report. Some, such as Re- tion about the Bureau’s position as it relates For the RECORD, I submit a copy of publican Senator JON KYL of Arizona to CAIR. I would think the Bureau would be the letter. and Democratic Senator CHUCK SCHU- embarrassed to send the insufficient re- CONGRESS OF THE UNITED STATES, MER of New York, voiced their support sponse I received. HOUSE OF REPRESENTATIVES, for the Bureau’s decision, which was a Best wishes. Sincerely, Washington, DC, February 2, 2009. step further than my initial letter; but FRANK R. WOLF, Mr. MICHAEL J. HEIMBACH, they, too, desired to ‘‘understand the Assistant Director, Counter Terrorism Division, Member of Congress. Federal Bureau of Investigation, Wash- situation more fully’’ as Senators KYL Days after my second letter, CAIR ington DC. and SCHUMER wrote. launched a public attack against me, DEAR MR. HEIMBACH: I write regarding the When I received a response from the claiming in a March 12 press release bureau’s position on meeting with the Coun- FBI on March 9, only 1 of the 10 ques- that I ‘‘abused’’ my ‘‘office’’ by ‘‘seek- cil on American Islamic Relations (CAIR). tions I posed was answered, which ing to pressure the FBI to produce neg- Over the weekend I saw a FOX News report prompted me to send a second letter re- ative information’’ about the organiza- (enclosed) that the Federal Bureau of Inves- stating the original questions and tion. tigation (FBI) has cut off ties with CAIR pressing the FBI for a timely and de- ‘‘amid mounting evidence that it has links Those assertions are patently untrue to a support network for Hamas.’’ Given that tailed response. and would not even warrant a response Hamas is on the current list of U.S. des- I submit a copy of that letter for the were they not symptomatic of what I ignated foreign terrorist organizations, this RECORD. believe to be a larger pattern of intimi- is obviously a serious claim, one which CONGRESS OF THE UNITED STATES, dation undertaken by CAIR—intimida- would rightly inform a shift in FBI policy. HOUSE OF REPRESENTATIVES, tion which is of great consequence Washington, DC, March 9, 2009. In response to this report, I request an- given the national security matters at swers to the following questions: Mr. MICHAEL J. HEIMBACH, Has the FBI severed ties with CAIR? If so, Assistant Director, Counter Terrorism Division, stake. how is the FBI planning to formally notify Federal Bureau of Investigation, Pennsyl- As my letters to the FBI indicate, I Members of Congress and other government vania Ave., NW, Washington DC. was seeking to better understand the officials of this decision? DEAR MR. HEIMBACH: I was deeply dis- Bureau’s position and access informa- If FBI policy has changed with regard to appointed with the FBI’s response—hand-de- tion about what led to this decision. It CAIR, is there any indication that this deci- livered to my office last Friday—to my let- is a conclusion which—and I agree with sion is being revisited by the new adminis- ter of February 2 inquiring about the Bu- my Senate colleagues—is absolutely reau’s position on meeting with the Council tration? If so, what new evidence would jus- appropriate based on reports I have tify a change in course? on American Islamic Relations (CAIR). It Is CAIR’s national office still in contact took the Bureau more than a month to re- read for years but which, again, marks with the FBI? spond, and the letter I received provides only a change in course for the Bureau and, The report quotes Assistant Director John a partial answer to one of the 10 questions I as such, deserved further explanation. Miller from the FBI Office of Public Affairs posed. It is noteworthy that, on April 28, as saying: ‘‘The FBI has had to limit its for- In 1998 I authored the legislation that cre- following my initial unsatisfactory mal contact with CAIR field offices until ated the National Commission on Terrorism. reply from the Bureau, Senator KYL re- certain issues are addressed by CAIR’s na- Regrettably its recommendations were not ceived a more substantive response implemented until after the attacks on 9/11. tional headquarters.’’ What specifically are from the FBI to his letter. In the letter the ‘‘certain issues’’ which you have raised I take seriously the responsibility of con- to Senator KYL, the Bureau was more with CAIR? Is there still informal contact gressional oversight, especially in matters with any field offices? If so, what is the dis- with potential national security implica- detailed in explaining and in validating tinction between formal and informal and tions. For six years I served as chairman of the original news report regarding its why is there a distinction between field of- the appropriations subcommittee with juris- relationship with CAIR. fices? diction over the FBI and count myself The letter reads, ‘‘As you know, To your knowledge, does CAIR receive fi- among the Bureau’s strongest supporters. CAIR was named as an unindicted co- nancial contributions from foreign sources? Having resumed a leadership role this year conspirator of the Holy Land Founda- If so, which ones and how much? as ranking member on the Commerce-Jus- tion for Relief and Development in the tice-Science Appropriations subcommittee, I look forward to your timely response, United States v. Holy Land Founda- and to working with you in the days ahead in it is important to me that the FBI provide my new role as ranking member of the House timely and detailed responses. And so again, tion, et al. Commerce-Justice-Science Appropriations I request answers to the following straight- ‘‘During that trial, evidence was in- subcommittee. forward questions: troduced that demonstrated a relation- Best wishes. Has the FBI severed ties with CAIR? If so, ship among CAIR, individual CAIR Sincerely, how is the FBI planning to formally notify founders, including its current presi- FRANK R. WOLF, Members of Congress and other government dent emeritus and its executive direc- Member of Congress. officials of this decision? tor, and the Palestinian committee. The Fox News piece, which prompted If FBI policy has changed with regard to CAIR, is there any indication that this deci- Evidence was also introduced that my initial interest, quoted the assist- sion is being revisited by the new adminis- demonstrated a relationship between ant director of the Office of Public Af- tration? If so, what new evidence would jus- the Palestinian committee and Hamas, fairs at the Bureau as saying, ‘‘The FBI tify a change in course? which was designated a terrorist orga- has had to limit its formal contact Is CAIR’s national office still in contact nization in 1995. In light of that evi- with CAIR field offices until certain with the FBI? dence, the FBI suspended all formal issues are addressed by CAIR’s national The FOX News report I referenced in my contacts between CAIR and the FBI. headquarters.’’ original letter quotes Assistant Director ‘‘The FBI’s decision to suspend for- John Miller from the FBI Office of Public Af- I found this statement to be vague. fairs as saying: ‘‘The FBI has had to limit its mal contacts was not intended to re- While perhaps sufficient from a public formal contact with CAIR field offices until flect a wholesale judgment of the orga- affairs vantage, I believed it to be an certain issues are addressed by CAIR’s na- nization and its entire membership. insufficient explanation for Members of tional headquarters.’’ What specifically are Nevertheless, until we can resolve

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.063 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6671 whether there continues to be a con- U.S. to serve as an endowment for CAIR.’’ 2.(SBU) Prior to coming to Riyadh, the nection between CAIR or its executives DCM, PAO and MEPI Regional Director also CAIR group visited Mecca and Jeddah. Al- and Hamas, the FBI does not view participated in the meeting. though they apparently were not received at 2.(U) The group expressed ideas about the highest levels of the SAG, the group as- CAIR as an appropriate liaison part- countering negative stereotypes about Mus- sured the Embassy that ‘‘King Abdullah ner.’’ lims in the U.S. (‘‘Islamophobia’’) and ad- knows CAIR very well’’ and receives regular I submit a copy of the Bureau’s re- dressing anti-Americanism in the Middle updates on the group’s projects. After recall- sponse to Senator KYL for the RECORD. East. They mentioned previous meetings ing the success of their visit to the UAE in U.S. DEPARTMENT OF JUSTICE, with State Department officials, U/S Karen May, the group predicted that they would be FEDERAL BUREAU OF INVESTIGATION, Hughes and A/S David Welch, their attend- back in the region by fall to visit Kuwait and Washington, DC, April 28, 2009. ance at the Secretary’s Iftar, and spoke of a Qatar. The group also mentioned that they Hon. JON KYL, possible meeting with President Bush in the had been well-received in Washington by sen- U.S. Senate, future. ior State Department officials, including Washington, DC. 3.(U) Mr. Don Myers, representing Wash- Secretary Rice and Undersecretary Hughes. DEAR SENATOR KYL: This responds to your ington, D.C. public relations firm Hill & 3.(U) The core delegation consisted of CAIR letter to Director Mueller dated February 24, Knowlton, provided a short demonstration of Board Chairman Dr. Parvez Ahmed, Execu- 2009, regarding your interest in reports that a PR campaign designed to support CAIR’s tive Director Nihad Awad, and Communica- the FBI has severed its liaison relationship overall organizational objectives defined as: tions Director Cary (Ibrahim) Hooper. Ac- with the Council on Islamic Relations 1) political empowerment of Muslims, 2) companying them were former U.S. Rep- (CAIR). I apologize for the delay in respond- grassroots effort by CAIR to improve com- resentative Paul Findley and Don Myers, a ing to your inquiry. For your information an munity relations with non-Muslims, 3) former DoD official now with Hill and identical letter has been sent to Senator launching of an effective, long-term (5 year) Knowlton public relations. Schumer and to Senator Coburn, M.D. advertising/outreach campaign to counter 4.(U) During their hour-long meeting in the As you know, CAIR was named as an negative stereotypes about Muslims. Embassy, the group presented various unindicted co-conspirator of the Holy Land 4.(U) Members of the CAIR delegation in- projects that CAIR is working on to counter Foundation for Relief and Development in cluded: Hon. Larry Shaw, Senator (North negative stereotypes about Muslims in the United States v. Holy Land Foundation et al. Carolina General Assembly); Hon. Paul Fin- U.S. (‘‘Islamophobia’’), linking their work to (Cr. No. 3:04–240–P (N.D.TX.). During that dley, Former U.S. Representative; Don concern over growing anti-Americanism in trial, evidence was introduced that dem- Myers, Washington, D.C. public relations the Middle East. One of the current CAIR onstrated a relationship among CAIR, indi- firm Hill & Knowlton; Nihad Awad, CAIR Ex- projects they discussed was the presentation of ‘‘accurate books about Islam’’ to schools vidual CAIR founders (including its current ecutive Director and Co-Founder; Cary and libraries in the U.S. President Emeritus and its Executive Direc- (Ibrahim) Hooper, CAIR Communication Di- 5.(SBU) Mr. Don Myers, representing Hill tor) and the Palestine Committee. Evidence rector and Co-Founder; Dr. Parvez Ahmed, and Knowlton, gave a short demonstration of was also introduced that demonstrated a re- CAIR Board Chairman; and Dr. Nabil a CAIR-funded media campaign to support lationship between the Palestine Committee Sadoun, CAIR Board Member. CAIR’s overall information outreach effort. 5.(U) CAIR delegation also paid a call ear- and HAMAS, which was designated as a ter- According to Myers, this private campaign lier in the day on Sheikh Sultan bin Muham- rorist organization in 1995. In light of that will emphasize both grassroots outreach to evidence, the FBI suspended all formal con- mad al-Qassimi, Ruler of Sharjah, which was improve American non-Muslim under- tacts between CAIR and the FBI. covered in the press. standing of Muslims and the encouragement 6.(U) Sheikh Ali al-Hashemi, UAE Presi- The FBI’s decision to suspend formal con- of political engagement by American Mus- dential Adviser on Islamic affairs, is hosting tacts was not intended to reflect a wholesale lims. The multi-year broadcast and print a reception at his house this evening, May judgment of the organization and its entire campaign is to be entitled ‘‘Let the Con- membership. Nevertheless, until we can re- 22, in honor of the CAIR group; Ambassador versation Begin’’ and is aimed at countering solve whether there continues to be a con- and PolOff to attend. Al-Hashemi also negative stereotypes about Muslims within nection between CAIR or its executives and thanked the Ambassador for receiving the the broad American public. HAMAS, the FBI does not view CAIR as an CAIR delegation. 6.(SBU) One admitted reason for the appropriate liaison partner. It is important 7.(SBU) Comment: CAIR Executive Direc- group’s current visit to the KSA was to so- to note, however, that although the FBI has tor Nihad Awad told us that while they were licit $50 million in governmental and non- suspended all formal outreach activities pleased with the results of the meeting with governmental contributions. PA Counselor with CAIR at this time, CAIR, its officers, Sheikh Hamdan bin Rashid, they had no con- noted that private outreach activities can and members have been encouraged to report crete information on the size of the endow- provide valuable support to USG efforts to any hate crime, violation of federal civil ment or when it might be forthcoming. Awad build mutual understanding overseas but rights or suspicious activity to the FBI. also mentioned that the Bin Hamoodah cautioned that USG Public Diplomacy (PD) The FBI made its own decision vis-a-vis Group, a $500 million/year trading company, funds cannot be used or associated with ef- outreach activities with this particular founded by three Emirati brothers and rep- forts to target American audiences. The del- group. Any questions regarding broader exec- resenting Halliburton, IBM, FMC Corpora- egation was interested to hear of the Embas- utive branch outreach activities would be tion and General Motors, is CAIR’s main sy’s PD exchange and activities within the better answered by the Administration. benefactor in the UAE. One newly-rich stock KSA and offered to help support them in any Please do not hesitate to contact my office trader, Talal Khoori (UAE national of Ira- appropriate way. The group did not share, if we may be of additional assistance. nian origin), is believed to have donated one however, any details of their success or lack Sincerely yours, million dollars to CAIR. thereof in fundraising within the KSA. RICHARD C. POWERS, Sison. Oberwetter. Assistant Director, Office of P 281502Z JUN 06 Congressional Affairs. FM AMEMBASSY RIYADH AMERICAN MUSLIMS COMMEND FBI FOR TO SECSTATE WASHDC PRIORITY 9065 REJECTION OF CAIR R 221435Z MAY 06 INFO GULF COOPERATION COUNCIL COL- Thirty years have passed since the Iranian FM AMEMBASSY ABU DHABI LECTIVE revolution and 29 years since the first TO SECSTATE WASHDC 5272 AMCONSUL JEDDAH Islamist murder in the U.S.—that of ‘Ali INFO AMCONSUL DUBAI UNCLAS RIYADH 005172 Akbar Tabataba’i in a Washington, D.C., sub- UNCLAS ABU DHABI 002127 SENSITIVE urb. More than seven years ago, America re- SENSITIVE E.O. 12958: N/A ceived a wake-up call, on September 11, 2001, about radical Islam. However FOR NEA/ARP, NEA/PPD; INFO NEA/FO, R TAGS: SCUL, KDEM, KISL, PGOV, PHUM, straightforwardly evil these events, they left SOCI, SA E.O. 12958: N/A U.S. authorities mostly baffled by extremism SUBJECT: VISIT BY COUNCIL ON AMER- TAGS: KISL, SOCI, PHUM, PGOV, KDEM, among American Muslims. AE ICAN ISLAMIC RELATIONS One disturbing example of this confusion SUBJECT: VISIT BY COUNCIL ON AMER- (CAIR) TO SAUDI ARABIA has involved the Federal Bureau of Inves- ICAN ISLAMIC RELATIONS (CAIR) TO REF: ABU DHABI 2127 tigation and the Council on American-Is- UAE 1.(U) Following up on a similar visit to the lamic Relations (CAIR). 1.(U) On May 21, the Council on American UAE in May (reftel), a delegation from the Almost from CAIR’S founding in 1994, the Islamic Relations (CAIR) paid a courtesy U.S.-based Council on American Islamic Re- FBI has worked with the organization, which call on the Ambassador to discuss the orga- lations (CAIR) visited the Kingdom of Saudi successfully presented itself as the ‘‘Muslim nization’s issues, outreach strategies, and its Arabia (KSA) in June. On June 22 the group NAACP,’’ letting CAIR train bureau per- visit to the CAE. The UAE press has reported paid a courtesy call on the Embassy to dis- sonnel and serve as a liaison to the American that Sheikh Hamdan bin Rashid al- cuss the organization’s issues and outreach Muslim community. CAIR concentrated on Maktoum, Deputy Ruler of Dubai and UAE strategies. In the Ambassador’s absence, terror-related law enforcement such as sensi- Minister of Finance and Industry, ‘‘has en- DCM received the group, along with the PA tivity in investigating extremist suspects dorsed a proposal to build a property in the Counselor and Poloff (notetaker). and allegations of profiling.

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.065 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6672 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Now, at last, the FBI–CAIR relationship form the actions of other public offi- rorist financing, as was true most no- has changed. cials, policymakers and the press, tably with the Holy Land Foundation. In a letter dated March 9, 2009, FBI Assist- many of whom consistently—and I When the Holy Land Foundation was ant Director John Miller wrote to U.S. Rep. would argue mistakenly—look to CAIR shuttered 3 months after 9/11, CAIR Frank R. Wolf (R–Va) confirming that the warned in a December 4, 2001, press re- bureau has ‘‘suspended any formal engage- to speak for mainstream Muslim Amer- ment with Council on American-Islamic Re- icans. lease that this was an ‘‘unjust and lations (CAIR) field offices around the coun- Zhudi Jasser, himself a Muslim and counterproductive move that can only try.’’ He explained that this adjustment president of the Islamic Forum for De- damage America’s credibility with ‘‘comes in part as a result of evidence gath- mocracy, makes a critical distinction Muslims in this country and around ered through FBI investigation and pre- between ‘‘Islam’’ and ‘‘Islamism.’’ the world and could create the impres- sented in connection with the Holy Land ‘‘Islam’’ is, of course, a faith which has sion that there has been a shift from a Foundation trial. CAIR was listed as an an estimated worldwide following of war on terrorism to an attack on unindicted co-conspirator in that case.’’ Islam.’’ This purported ‘‘attack on Miller referred to the Holy Land Founda- over 1 billion people. ‘‘Islamism,’’ how- tion, or HLF, having been convicted of terror ever, according to Mr. Jasser, is ‘‘a co- Islam’’ proved to be baseless in the face financing in November 2008. ercive governmental and political con- of the Holy Land Foundation verdicts. CAIR and its allies in the ‘‘Wahhabi lobby’’ struct that seeks to impose shar’ia— A November 25, 2008, Department of reacted aggressively to the FBI’s decision to Islam jurisprudence—upon society.’’ Justice press release following the ini- distance itself from CAIR. Ten extremist In 2007, in the publication Family Se- tial verdicts in the foundation case Muslim groups announced on March 17, 2009, curity Matters, Jasser wrote that CAIR quotes Patrick Rowan, Assistant At- that they are ‘‘considering suspending out- uses ‘‘the protection of religion when torney General for National Security. reach relations with the FBI’’ based on the facts are not on their side. They He says, ‘‘For many years, the Holy vague claims that ‘‘American mosques and Land Foundation used the guise of Muslim groups have been targeted.’’ CAIR’s use the discourse of politics when they supporters included American Muslims for want to push forth their Islamist agen- charity to raise and funnel millions of Palestine, the Islamic Circle of North Amer- da with the presumption of speaking dollars to the infrastructure of the ica, and the Muslim Students Association, as for all Muslims. They will delve into Hamas terrorist organization. This well as the leading pro-Iranian Muslim ele- the political only on their own terms prosecution demonstrates our resolve ment in America, the Islamic Educational in both foreign and domestic policy, to ensure that humanitarian relief ef- Center of Orange County, Ca. but when they are on the receiving end forts are not used as a mechanism to We, the undersigned American Muslims, disguise and enable support for ter- have long known the true character of CAIR of political criticism, they run for cover under the guise of victimiza- rorist groups.’’ and its allies. Therefore: As I noted earlier, CAIR was named We observe that they denounce ‘‘ter- tion.’’ A dispassionate look at CAIR’s rorism’’ in general terms but not the specific public posture shows that Mr. Jasser’s as an unindicted coconspirator in the actions of Islamist groups like Hamas or observations ring true. Holy Land Foundation case, which Hezbollah. They denounce violence but not In 1998, I authored the legislation makes its cautionary word about the the ideologies behind it. that created the National Commission ‘‘injustice’’ of closing the ‘‘charity’’ We observe their commitment to radical on Terrorism. That same year, in suspect. aims, their attempts to chill free speech by In a Federal court filing from Decem- CAIR’s own words from a press release, calling critics of radical Islam ber 2007, Federal prosecutors described it ‘‘asked Muslims to contact leaders of ‘‘Islamophobes,’’ and their false, ugly accu- CAIR as ‘‘having conspired with other a House-Senate conference committee sations against moderate American Muslims affiliates of the Muslim Brotherhood to who disagree with their agenda. and urge them to amend or eliminate support terrorists.’’ The government We reject any claim that CAIR and its sup- new legislation that would create a Na- also stated ‘‘proof that the conspira- porters are legitimate civil liberties advo- tional Commission on Terrorism.’’ This tors used deception to conceal from the cates or appropriate partners between the was a misguided lobbying effort at U.S. government and American Muslims. American public their connections to best. Fortunately, it was unsuccessful, We congratulate the FBI for adopting a terrorists was introduced’’ in the Holy firmer attitude toward CAIR, as a defense of and the bipartisan commission was au- Land Foundation trial. Americans of all faiths from the menace of thorized to conduct its work. radical Islam, including Muslims of all back- A Congressional Research Service re- b 1330 grounds—Sunni, Shia, Sufi, secular, etc. port described the main finding of the In a footnote, government prosecu- We call on the U.S. Department of Justice commission this way: ‘‘It calls on the tors pointed out: ‘‘From its founding to affirm and continue this decision. U.S. Government to prepare more ac- by Muslim Brotherhood leaders, CAIR We call on the entire United States govern- tively to prevent and deal with a future ment to follow suit in rejecting relations conspired with other affiliates of the with the Council on American-Islamic Rela- mass casualty, catastrophic terrorist Muslim Brotherhood to support terror- tions. attack.’’ Regrettably, the commis- ists.’’ Dr. Kemal Silay, President, Center for Is- sion’s recommendations, sent to Con- Further, according to Senate testi- lamic Pluralism, www.islamicpluralism.org; gress in June 2000, were generally ig- mony, CAIR received a $5,000 donation Supna Zaidi, Assistant Director, Islamist nored until after the attacks of Sep- for the Holy Land Foundation. Ini- Watch, www.islamist-watch.org; tember 11, 2001, when 3,000 people were tially, in written testimony submitted M. Zuhdi Jasser, American Islamic Forum killed, including 30 from my congres- September 10, 2003, to the Senate Sub- for Democracy, www.aifdemocracy.org; Imaad Malik, Fellow, Center for Islamic sional district. committee on Terrorism, Technology Pluralism; Following the commission’s public and Homeland Security, CAIR denied Dr. Ahmed Subhy Mansour, International report, CAIR’s executive director, that this was the case. Specifically, Quranic Center, www.ahl-alquran.com; Nihad Awad, said in a June 4 press re- Mr. Awad said claims to the contrary Khalim Massoud, [email protected]; lease, ‘‘The fight against terrorism is were ‘‘an outright lie. Our organization Nawab Agha Mousvi, American Muslim one that should be undertaken, but did not receive any seed money from Congress and Center for Islamic Pluralism; that struggle should not be based on the’’ Holy Land Foundation. But when Kiran Sayyed, Council for Democracy and Tolerance, http://cfdnt.com/; stereotypes, false assumptions or the confronted with the IRS form on which Stephen Suleyman Schwartz, Executive political agendas of foreign govern- the Holy Land Foundation disclosed Director, Center for Islamic Pluralism; ments. If the past is any indication, all the contribution, Mr. Awad changed [email protected]; or most of these new provisions will be his position in supplemental testimony Dr. Jalal Zuberi, Southern U.S. Director, used to target Muslims in this country submitted to the subcommittee saying Center for Islamic Pluralism. and worldwide. It is American Muslim that the amount in question was a do- I plan to take the remainder of my groups whose fund-raising will be re- nation like any other. time to explore many of these same stricted. It is Muslim students who will CAIR ultimately filed an amicus concerns and talk about why every- be monitored.’’ brief seeking removal from the list of thing I’ve read, studied and observed Indeed, the FBI has restricted the unindicted coconspirators in the Holy has led me to believe that the Bureau’s fund-raising of some Muslim groups, Land Foundation case. In September of decision is not only defensible but ad- but only when those organizations 2007, prosecutors made several argu- visable and that it ought to, in fact, in- have been found to be a cover for ter- ments in favor of maintaining CAIR

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.033 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6673 status, saying: ‘‘CAIR has been identi- ter bombing, in a National Review arti- charged that the John Doe passengers fied by the government at trial as a cle notes that there are ‘‘several per- ‘‘may have made false reports against participant in an ongoing and ulti- sons connected to CAIR who have been plaintiffs solely with the intent to dis- mately unlawful conspiracy to support convicted of Federal felonies including criminate against them on the basis of a designated terrorist organization, a terrorism.’’ their race, religion, ethnicity and na- conspiracy from which CAIR never McCarthy includes in the group tional origin.’’ withdrew.’’ Ghassan Elashi, one of the founding CAIR subsequently called on the De- The Holy Land Foundation trial re- members of CAIR’s Dallas-area chap- partment of Justice to investigate vio- vealed more about CAIR than simply ter, and also co-founder and former lations of civil liberties for the six reli- its ties to that particular entity. Rath- chairman of the Holy Land Founda- gious leaders taken off the plane. er, the trial brought to light, in the tion. According to July 9, 2007, Dallas The then-president of the Becket public square, the genesis of the orga- Morning News report, Elashi was sen- Fund for Religious Liberty, a Wash- nization. According to an October 14, tenced to ‘‘nearly 7 years in prison for ington, DC public interest-based law 2008, Dallas Morning News story: ‘‘Tes- doing business with a terrorist and vio- firm protecting the free expression of timony has suggested that CAIR’s lating export laws.’’ In a 1994 forum all religious traditions, wrote the fol- founder Omar Ahmad and it’s current discussion videotaped at Barry Univer- lowing letter to CAIR regarding suit executive director, Nihad Awad, par- sity, CAIR’s Mr. Awad said, ‘‘I’m in against the John Doe passengers: ‘‘This is a first for us. We have never ticipated in a 1993 meeting of purported support of the Hamas movement.’’ opposed someone else’s claim for reli- Hamas sympathizers. Some Holy Land CAIR has subsequently sought to dis- gious discrimination but this tactic of defendants attended the Philadelphia credit his video on his Web site by say- threatening suit against ordinary citi- meeting, bugged by the FBI.’’ ing this quote was in response to a spe- zens is so far beyond the traditions of A day later, the Dallas Morning News cific question and that Hamas was only civil rights litigation in the United reported that FBI special agent Lara designated a ‘‘foreign terrorist organi- States that we must oppose it to de- Burns testified during the Holy Land zation,’’ in January 1995 and did not fend the good name of religious liberty Foundation case that CAIR ‘‘was commit its first wave of suicide bomb- itself.’’ formed in the aftermath of a 1993 meet- ings until late 1994 after Mr. Awad It is noteworthy that the Becket ing by Palestinian activists in America made the comment. It is noteworthy Fund has successfully argued cases for who brainstormed ways to spread pro- that Hamas’ 1988 covenant describes Muslims including securing a place for Hamas messages here without attract- itself as ‘‘one of the wings in the Mus- Muslim public school students in Texas ing too much attention.’’ lim Brotherhood in Palestine’’ and says to pray. In March of 2007, the Arizona A Department of Justice press re- that ‘‘the day of judgment will not Republic called the suit against ordi- lease issued on November 24, 2008, when come about until Muslims fight Jews nary citizens ‘‘intimidation by law- the Holy Land Foundation verdicts and kill them.’’ suit.’’ On April 9, 2007, the San Fran- came down: ‘‘The government case in- CAIR’s defense and Mr. Awad’s quote cisco Chronicle reported that CAIR’s cluded testimony that in the early based simply on chronology is wanting Ibrahim Hooper had a notably different 1990s, Hamas’ parent organization, the in light of Hamas’ founding principles take: ‘‘It is wrongheaded for observers Muslim Brotherhood, planned to estab- which clearly embrace violence. As the to be suspicious of innocent behavior. lish a network of organizations in the Washington Post’s Richard Cohen Praying or asking for a seatbelt exten- U.S. to spread a militant Islamist mes- wrote in April of 2009: ‘‘Read the sion—simply because a Muslim ‘That sage and to raise money for Hamas. Hamas charter. It is not some uplifting Muslim is wearing a tie,’ Hooper . . . HLF became the chief fundraising cry of a downtrodden people seeking its scoffed. ‘He can take it off and strangle arm for the Palestine Committee in freedom but a repellant anti-Semitic someone.’ ’’ the U.S. created by the Muslim Broth- screed.’’ The U.S. Department of Transpor- erhood to support Hamas. According to CAIR’s mission statement focuses on tation conducted an investigation fol- a wiretap of a 1993 Palestine Com- protecting the civil rights of Muslims lowing the passenger complaints and mittee meeting in Philadelphia, former in America and on improving Islam’s found that US Airways did not dis- Holy Land Foundation President and image. But CAIR’s action under the criminate against the six imams when CEO Shukri Abu Baker spoke about umbrella of civil rights raises trou- it removed them. In a letter to CAIR’s playing down Hamas’ ties in order to bling questions. acting legal director, the assistant gen- keep raising money in the U.S. An- In November 2006, US Airways re- eral counsel for Aviation Enforcement other wiretapped phone call included moved six imams from a flight fol- and Proceedings wrote the following: Abdulrahman Odeh, Holy Land Foun- lowing passenger reports of unusual be- ‘‘We find the decision to remove the dation’s New Jersey representative, re- havior. An Investor’s Business Daily imams from the aircraft was based on ferring to a suicide bombing as ‘a beau- piece described the imams’ action this information available to the captain at tiful operation.’ ’’ way: ‘‘At the gate before boarding, the time and was reasonable . . . it ap- According to a National Review arti- they angrily cursed the U.S. Then they pears that the captain decided to re- cle in the pre-CAIR days, both Nihad bowed to Mecca and prayed ‘very loud’ move the imams because of security Awad and Omar Ahmad were top offi- shouting ‘Allah Allah, Allah’ according concerns as a result of the sum of the cers in the Islamic Association for Pal- to the gate agent and another witness. imams’ actual and perceived behavior, estine. Former FBI counterterrorism On the plane, they didn’t take their as- not their race or ethnicity. The fact chief Oliver ‘‘Buck’’ Revell called signed seats and instead fanned out to that the captain’s concerns were not Awad’s former employer, the Islamic the front, the middle, and the rear of borne out in hindsight does not make Association for Palestine, ‘‘a front or- the plane. . . . Some ran back and the action that he took discrimina- ganization for Hamas that engages in forth speaking to each other in Arabic. tory.’’ propaganda for Islamic militants.’’ Adding to suspicions, most of them CAIR’s approach in this case was not A September 24, 2001, L.A. Times asked for seatbelt extensions even simply an inconvenience. Rather, it story described the connection between though they didn’t need them—or even had potential security implications as the Islamic Association of Palestine use them. well. Airports nationwide implore trav- and the Holy Land Foundation this ‘‘Following the incident, the imams elers to report suspicious activities. way: ‘‘The IAP and the Holy Land were and CAIR filed a lawsuit against US Signs on major highways, bridges and founded and funded by Mousa abu Airways, the Minneapolis-St. Paul tunnels throughout America do the Marzook. . . . He’s also the political Metropolitan Airports Commission and same. New York Metropolitan Transit leader of the terrorist group Hamas.’’ ‘John Doe’ passengers,’’ meaning the Authority introduced an ad campaign Andrew McCarthy, a formal Federal passengers on the plane. which has been adopted by municipali- prosecutor who led the 1995 prosecution Omar Mohammedi, the New York at- ties around the country as part of their against Sheik Omar Abdel Rahman, torney who represented the imams, was own anti-terrorism campaign. The ad the ‘‘blind sheik’’ who was found guilty a former president for the board of di- features the following admonition: if of planning the 1993 World Trade Cen- rectors for CAIR, New York. The suit you see something, say something.

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.067 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6674 CONGRESSIONAL RECORD — HOUSE June 12, 2009 But CAIR would have had Americans b 1345 have visited Kosovo five times, and I thinking, If you see something, think In another sensitive, but unclassified, voted and spoke out on the floor to ap- twice before you say something, lest June 2006 State Department cable, U.S. prove the bombing campaign to stop you get mired in a lawsuit. USA Today Embassy staff in Saudi Arabia reported the Serbian atrocities against Muslims editorialized in the days following the the following after meeting with a in Kosovo. imams’ suit and said: ‘‘This legal tactic CAIR delegation. The cable said, ‘‘One I was one of the first Members to seems designed to intimidate pas- admitted reason for the group’s current raise concerns about the persecution of sengers willing to do exactly what au- visit to the KSA (Kingdom of Saudi Muslims in China, and continue to thorities have requested—say some- Arabia) was to solicit $50 million in speak out when few others do. thing about suspicious activity.’’ The governmental and nongovernmental Further, I was the author of the paper went on to report that ‘‘the contributions.’’ I submit both cables International Religious Freedom Act imams want to know the names of an for the RECORD. which created the U.S. Commission on elderly couple who turned around to According to the June 2006 cable, International Religious Freedom as watch and then made cell phone calls ‘‘The core delegation consisted of CAIR well as the International Religious presumably to authorities.’’ Board Chairman Dr. Parez Ahmed, Ex- Freedom Office at the State Depart- In a response to the incident at the ecutive Director Nihad Awad, and Com- ment. Central to the act was the asser- Minneapolis Airport, Congressman munications Director Cary (Ibrahim) tion that ‘‘freedom of religious beliefs PETER KING, the ranking member on Hooper.’’ On an MSNBC talk show with and practices is a universal human the House Homeland Security Com- Tucker Carlson in September 2006, just right and fundamental freedom.’’ The mittee, and Congressman Steve Pearce 3 months after the trip, Ibrahim Hoo- legislation, and ultimately the offices first moved to provide immunity to per claimed, ‘‘To my knowledge, we it created, strengthens the United those on public transportation who re- don’t take money from the Govern- States’ advocacy on behalf of individ- port suspicious activity through a re- ment of Saudi Arabia.’’ uals persecuted in foreign countries on committal motion to the Rail and Pub- I want to make it clear that it is im- account of religion, which, of course, lic Transportation Security Act of 2007, portant to understand that American includes persecuted Muslims. which the House overwhelmingly Muslims, like all Americans, are enti- America is an imperfect Nation, but passed in March 2007 by a vote of 304– tled to organize, advocate, and engage a great Nation, a ‘‘shining city on a 121. hill’’ as described by our Founders, a Later in the 110th Congress, despite in the political process; such are the makings of a vibrant democracy. They beacon of hope for persecuted and op- CAIR’s public lobbying effort, Mr. KING have taken advantage of the oppor- pressed people. For centuries, the and Senator JOE LIEBERMAN were suc- tunity America provides for every ‘‘huddled masses’’ depicted in the cessful in adding a section to the 9/11 iconic poem at the base of the Statue Commission Implementation Act, Pub- background. They are teachers, doc- tors, policemen, they are mothers and of Liberty have arrived on these shores lic Law 11053, which provides legal im- seeking a better life for themselves and munity to individuals who report ter- fathers and neighbors. I am reminded of a young Pakistani their families. rorists or suspicious activity which My grandparents immigrated to they see on trains or planes to law en- American who is Muslim that I had the privilege of meeting during one of my America from Germany. My father forcement. served in World War II. Part of the rea- In what has become a familiar re- visits to Walter Reed Hospital. I met son he did so was that he felt a need to frain, Nihad Awad, on FOX News, him when he was in the midst of his show that his loyalty was to America. March 31, 2007, said that PETER KING’s physical therapy, therapy that was Even though my grandparents were legislative efforts were encouraging necessary because he had lost both legs both native German speakers, when Islamophobia. In fact, the bill language while in combat in Iraq. Despite his had the potential to encourage other tremendous sacrifice, he was com- World War I broke out, my grand- John Does who encounter suspicious mitted to the hard work of rehabilita- mother decided from that day forward activity to report it to authorities. tion, in part because he hoped to go only English would be spoken in their CAIR’s funding is also a source of in- back to Iraq. He was a patriot of the home. terest. Apart from the financial link sort that ought to give us pause and I share this bit of personal history to with Holy Land Foundation, there is ought to make us proud. illustrate that I am sensitive to the much that is unclear as to whether and I want to be absolutely clear that challenges facing new immigrants, es- to what degree CAIR is receiving con- concerns I have with CAIR are specific pecially during times of war. There tributions from foreign governments. to the organization and not to the Mus- have been instances in our Nation’s In a March 2007 interview with the Chi- lim faith. Even a passing glance at my history, especially when our country cago Tribune, Ahmed Rehab, CAIR-Chi- record in Congress should put any has been under attack, where the civil cago’s executive director, said, ‘‘Nei- thought to the contrary to rest. liberties of certain groups of people ther CAIR chapters nor the national of- In Sudan, Chechnya, China, Bosnia, have been violated because other peo- fice solicits or accepts money from any and Kosovo, I have spoken out in de- ple were afraid. This is inexcusable. foreign government.’’ fense of people of the Muslim faith. I But this is the exception, not the rule. A January 2007 open letter on CAIR’s have been to Sudan five times, includ- Our experiment in self-governance Web site says they are ‘‘proud to re- ing leading the first congressional dele- has been marked by an unwavering ceive support of every individual, gation to Darfur, where nearly all the commitment to basic freedoms for all whether Muslim, Christian, Jewish, or victims of the genocide are Muslim. people, among them the right to wor- of another faith background, who sup- I was the only Member of Congress to ship according to the dictates of your ports the mission of promoting justice visit Chechnya during the fighting in conscience. Many American Muslims and mutual understanding as long as 1995. When I returned, I condemned the left countries where such freedom is they are not an official of any foreign violence against the Chechen people, unimaginable; however, in a pluralistic government and there are no strings most of whom were Muslim, and called society like ours, these principles are attached to the request.’’ for a cease-fire. paramount. To silence or otherwise re- Yet in a sensitive, but unclassified, I was one of the only Members to press people of faith is inimical to the May 2006 State Department cable visit Muslim men in a Serb-run pris- American way. In a public discourse, to which was brought to my attention, oner of war camp in Bosnia, where I accuse someone of religious bigotry or U.S. embassy staff in Abu Dhabi cabled saw evidence of a modern-day Holo- intolerance is a sure way to stifle de- that the UAE press was reporting that caust taking place. And very early on, bate. ‘‘Sheikh Hamdan bin Rashid al- I began speaking out against the ethnic On October 4, 2008, the editorial page Maktoum, deputy ruler of Dubai and cleansing and the culture of genocide editor of The Columbus Dispatch spoke UAE Minister of Finance and Industry against the Bosnian people. I spoke out to CAIR’s bent toward accusation as a has ‘endorsed a proposal to build a in favor of lifting the arms embargo means of muzzling debate. They said, property in the U.S. to serve as an en- against Bosnia so that the Muslim Bos- ‘‘For many years, CAIR has waged a dowment for CAIR.’’’ nian Government could defend itself. I campaign to intimidate and silence

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.068 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6675 anyone who raises alarms about the the American Islamic Forum for De- women of the FBI and the hard work dangers of Islamic extremism. CAIR’s mocracy was quoted in the article as they do every day to keep this country rationale is that discussions of Islamic saying, ‘‘This is the untold story in the safe, and to restate the FBI’s own extremism lead to animosity not just myth that CAIR represents the Amer- words, ‘‘Until we can resolve whether toward those who twist Islam into a ican Muslim population. They only rep- there continues to be a connection be- justification for terrorism, but toward resent their membership and donors.’’ tween CAIR or its executives and all who practice Islam. In 1999, the Islamic Supreme Council Hamas, the FBI does not view CAIR as ‘‘CAIR’s concern is understandable, of America, ISCA, issued an open letter an appropriate liaison partner.’’ but its response is unreasonable.’’ They to all Muslims after Shaykh Kabbani, I completely agree. went on to say, ‘‘The group acts prop- Chairman of the ISCA, spoke at a State R 221435Z MAY 06 erly when it hammers home the point Department open forum on Islamic ex- FM AMEMBASSY ABU DHABI that only a small number of Muslims tremism and subsequently came under TO SECSTATE WASHDC 5272 INFO AMCONSUL DUBAI support religiously motivated violence, public attack by several organizations, and that targeting law-abiding Mus- including CAIR. In the open letter, UNCLAS ABU DHABI 002127 SENSITIVE lims is wrong. Where CAIR errs is in la- ISCA says the organizations attacking FOR NEA/ARP, NEA/PPD; INFO NEA/FO, R beling anyone who discusses Islamic Kabbani, among them CAIR, ‘‘have not E.O. 12958: N/A terrorism a bigot and hatemonger, an quoted a single statement of Shaykh TAGS: KISL, SOCI, PHUM, PGOV, KDEM, Islamophobe, to use CAIR’s favorite Kabbani in full or in context. More- AE slur.’’ Ironically, some of CAIR’s most over, the statements were augmented SUBJECT: VISIT BY COUNCIL ON AMER- pointed attacks have in fact been with emotionally charged words like ICAN ISLAMIC RELATIONS aimed at other Muslims who dare to ‘promoted and generalized an allega- (CAIR) TO UAE have differing views. tion,’ ‘outrageous statements,’ and 1.(U) On May 21, the Council on American In a 2006 Philadelphia Inquirer piece, ‘Islamophobic,’ thereby thwarting his Islamic Relations (CAIR) paid a courtesy call on the Ambassador to discuss the orga- CAIR’s Hooper is quoted as saying original intention and message.’’ The nization’s issues, outreach strategies, and its Zuhdi Jasser, President of the Amer- letter goes on to say, ‘‘In their action visit to the UAE. The UAE press has re- ican Islamic Forum for Democracy, alerts, CAIR has a chronic tendency to ported that Sheikh Hamdan bin Rashid al- who has been critical of CAIR, was negatively juxtapose Islam and Ameri- Maktoum, Deputy Ruler of Dubai and UAE ‘‘providing others with an opportunity cans.’’ Minister of Finance and Industry, ‘‘has en- to advance an agenda that is hostile to Consider, too, the words of Dr. dorsed a proposal to build a property in the the American Muslim community.’’ Hedieh Mirahmadi, then general sec- U.S. to serve as an endowment for CAIR.’’ Given CAIR’s genesis, its associa- retary of the Islamic Supreme Council DCM, PAO and MEPI Regional Director also participated in the meeting. tions with known terrorist entities and of America, quoted in a 1999 ISCA press 2.(U) The group expressed ideas about individuals, and its tactics—namely, release following this same incident. countering negative stereotypes about Mus- attempting to discredit anyone who She remarked, ‘‘The carefully orches- lims in the U.S. (‘‘Islamophobia’’) and ad- dares to speak out against its organiza- trated and calculated plot to intimi- dressing anti-Americanism in the Middle tion—their cries of victimization and date Shaykh Kabbani into retracting East. They mentioned previous meetings accusations of religious bigotry appear his statements only goes to prove the with State Department officials, U/S Karen unwillingness to tolerate differences of Hughes and A/S David Welch, their attend- disingenuous. ance at the Secretary’s Iftar, and spoke of a And given the dangerous world in opinion and belief, as well as the extent possible meeting with President Bush in the which we live today, any attempt to to which they would go to silence the future. literally silence honest discourse about voice of opposition.’’ 3.(U) Mr. Don Myers, representing Wash- the nature of the threats facing our Or consider the testimony of Zeyno ington, D.C. public relations firm Hill & country is intolerable and must be ad- Baran, a prominent Turkish American Knowlton, provided a short demonstration of dressed. scholar who is presently a senior fellow a PR campaign designed to support CAIR’s I stand today with other elected offi- at the Hudson Institute. In July of 2008, overall organizational objectives defined as: 1) political empowerment of Muslims, 2) cials who have raised questions about speaking before the Senate Committee grassroots effort by CAIR to improve com- CAIR. Senator SCHUMER describes on Homeland Security and Govern- munity relations with non-Muslims, 3) CAIR as an organization ‘‘which we mental Affairs, she stated that she be- launching of an effective, long-term (5 year) know has ties to terrorism.’’ Demo- lieved CAIR ‘‘was created by the Mus- advertising/outreach campaign to counter cratic Senator DICK DURBIN has said lim Brotherhood to influence the U.S. negative stereotypes about Muslims. that CAIR is ‘‘unusual in its extreme Government, Congress, and NGOs, 4.(U) Members of the CAIR delegation in- cluded: Hon. Larry Shaw, Senator (North rhetoric and its association with along with academic and media Carolina General Assembly); Hon. Paul Fin- groups that are suspect.’’ groups’’ and lamented that, ‘‘despite dley, Former U.S. Representative; Don Democratic Senator BARBARA BOXER being founded by leading Islamists, Myers, Washington, D.C. public relations withdrew an award she gave to an offi- CAIR has successfully portrayed itself firm Hill & Knowlton; Nihad Awad, CAIR Ex- cial at a local CAIR chapter because as a mainstream Muslim organization ecutive Director and Co-Founder; Cary she ‘‘had concerns about statements by over the past 15 years and has been (Ibrahim) Hooper, CAIR Communication Di- some CAIR officials and about claims treated as such by many U.S. Govern- rector and Co-Founder; Dr. Parvez Ahmed, of financial links to terrorism.’’ And ment officials.’’ CAIR Board Chairman; and Dr. Nabil Sadoun, CAIR Board Member. other Senators, including Republicans Or most recently, an April 2009 adver- 5.(U) CAIR delegation also paid a call ear- JON KYL and TOM COBURN, have voiced tisement in Weekly Standard authored lier in the day on Sheikh Sultan bin Muham- support for the FBI’s actions in sev- by ‘‘American Muslims,’’ applauded the mad al-Qassimi, Ruler of Sharjah, which was ering ties with CAIR. FBI for rejecting CAIR. The signatories covered in the press. I stand today with counterterrorism included representatives of six dif- 6.(U) Sheikh Ali al-Hashemi, UAE Presi- experts, including Steven Pomerantz, ferent organizations, and I submit a dential Adviser on Islamic affairs, is hosting a reception at his house this evening, May the FBI’s former chief of counterter- copy of the ad for the RECORD. The sig- 22, in honor of the CAIR group; Ambassador rorism, who has stated, ‘‘CAIR, its natories wrote, ‘‘We observe that they and PolOff to attend. Al-Hashemi also leaders, and its activities effectively (CAIR) denounce ‘terrorism’ in general thanked the Ambassador for receiving the give aid to international terrorist terms, but not the specific actions of CAIR delegation. groups.’’ Islamic groups like Hamas or 7.(SBU) Comment: CAIR Executive Direc- And perhaps most importantly, I Hezbollah. They denounce violence, but tor Nihad Awad told us that while they were stand with thousands of American not the ideologies behind it.’’ Further, pleased with the results of the meeting with Muslims for whom CAIR does not the group acknowledged CAIR’s ‘‘at- Sheikh Hamdan bin Rashid, they had no con- speak. In June, 2007, the Washington crete information on the size of the endow- tempts to chill free speech by calling ment or when it might be forthcoming. Awad Times published a report which ana- critics of radical Islam also mentioned that the Bin Hamoodah lyzed CAIR’s tax documents and found ‘Islamophobes.’ ’’ Group, a $500 million/year trading company, that CAIR’s membership has declined Finally, I would like to close my founded by three Emirati brothers and rep- by 90 percent since 9/11. Zuhdi Jasser of speech by recognizing the men and resenting Haliburton, IBM, FMC Corporation

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.070 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6676 CONGRESSIONAL RECORD — HOUSE June 12, 2009 and General Motors, is CAIR’s main bene- egation was interested to hear of the Embas- ones that became controversial a little factor in the UAE. One newly-rich stock sy’s PD exchange and activities within the later, AIG, and said any bonus that was trader, Talal Khoori (UAE national of Ira- KSA and offered to help support them in any agreed to before February 11, and Feb- nian origin), is believed to have donated one appropriate way. The group did not share, ruary 11 was the day that the stimulus million dollars to CAIR. however, any details of their success or lack Sison. thereof in fundraising within the KSA. bill was passed, so anything agreed to P 281502Z JUN 06 Oberwetter. before that day was protected. Then FM AMEMBASSY RIYADH about a week later, the news came out TO SECSTATE WASHDC PRIORITY 9065 f that AIG, the insurance company INFO GULF COOPERATION COUNCIL COL- AIG BONUSES that’s received billions of dollars of LECTIVE taxpayers’ money, was going to pay its AMCONSUL JEDDAH The SPEAKER pro tempore. Under executives $173 million in bonuses. UNCLAS RIYADH 005172 the Speaker’s announced policy of Jan- And you should have heard the hue SENSITIVE uary 6, 2009, the gentleman from Ohio and cry around this place, Madam E.O. 12958: N/A (Mr. LATOURETTE) is recognized for 60 Speaker. Everybody was shocked. The TAGS: SCUL, KDEM, KISL, PGOV, PHUM, minutes. President of the United States was SOCI, SA Mr. LATOURETTE. Madam Speaker, SUBJECT: VISIT BY COUNCIL ON AMER- shocked. Members of Congress were we have been coming to the floor for shocked. Members of the United States ICAN ISLAMIC RELATIONS about 4 months now in an attempt to (CAIR) TO SAUDI ARABIA Senate were shocked. People at the De- get to the bottom of one or two mys- REF: ABU DHABI 2127 partment of Treasury were shocked. teries. I had hoped to be able to come Well, they shouldn’t have been 1.(U) Following up on a similar visit to the to the floor today to indicate that one UAE in May (reftel), a delegation from the shocked because, after this language U.S.-based Council on American Islamic Re- of those mysteries had been solved or was inserted, the bill came back to lations (CAIR) visited the Kingdom of Saudi that we were closer to its resolution. both the House and the Senate. Every Arabia (KSA) in June. On June 22 the group The Speaker will recall that earlier Republican voted against it; every paid a courtesy call on the Embassy to dis- this year the United States Congress Democrat, save 11, voted for the stim- cuss the organization’s issues and outreach passed a stimulus bill that was re- ulus bill that included this paragraph strategies. In the Ambassador’s absence, quested by the new President of the that protected the $173 million in bo- DCM received the group, along with the PA United States, about $789 billion. And Counselor and Poloff (notetaker). nuses. 2.(SBU) Prior to coming to Riyadh, the whether you agreed with that legisla- We have been coming to the floor for CAIR group visited Mecca and Jeddah. Al- tion or not, during its path through the the last several months to try to find though they apparently were not received at legislative process there was great con- out, because nobody’s fessing up. No- the highest levels of the SAG, the group as- cern—and continues to be great con- body has said, Hey, you know what? I sured the Embassy that ‘‘King Abdullah cern; I heard one of my colleagues give took out the first language and I put in knows CAIR very well’’ and receives regular a Special Order this afternoon about this language, and maybe you could updates on the group’s projects. After recall- the bonuses, the millions of dollars of tell us why. But nobody will do that. ing the success of their visit to the UAE in bonuses that are being paid to execu- May, the group predicted that they would be Everybody wants this issue to go away. back in the region by fall to visit Kuwait and tives on Wall Street, executives who And as a matter of fact, people were so Qatar. The group also mentioned that they work for companies who, in some in- shocked that their reaction, the major- had been well-received in Washington by sen- stances, have led to the mess we find ity’s reaction, was to come up with ior State Department officials, including ourselves in financially. really a stupid bill, and that was to tax Secretary Rice and Undersecretary Hughes. When the stimulus bill was being these bonuses, rather than going back 3.(U) The core delegation consisted of CAIR crafted over in the other body, the and doing the right thing and taking Board Chairman Dr. Parvez Ahmed, Execu- United States Senate, two Senators— out their mistake, to tax these bonuses tive Director Nihad Awad, and Communica- tions Director Cary (Ibrahim) Hooper. Ac- one Republican and one Democrat, the at 90 percent. companying them were former U.S. Rep- Republican is OLYMPIA SNOWE of And I will tell you why I call that a resentative Paul Findley and Don Myers, a Maine, the Democrat is RON WYDEN of stupid bill, Madam Speaker. I call it a former DoD official now with Hill and Oregon—they crafted language that stupid bill because the person who got Knowlton public relations. would have put strings on, would have the biggest bonus at AIG got $6.4 mil- 4.(U) During their hour-long meeting in the said maybe when things aren’t going so lion. I think it was a man. So if you’re Embassy, the group presented various good and we’re giving billions of dol- really mad at that guy, why just take projects that CAIR is working on to counter away 90 percent of his bonus? Why negative stereotypes about Muslims in the lars of taxpayer money to these Wall U.S. (‘‘Islamophobia’’), linking their work to Street firms, maybe we should have don’t you take away 100 percent of his concern over growing anti-Americanism in some conditions under which the bo- bonus? So that stupid piece of legisla- the Middle East. One of the current CAIR nuses are paid and how they’re paid tion, and, thankfully, President Obama projects they discussed was the presentation and how much they can get. But then a didn’t think much of it and neither did of ‘‘accurate books about Islam’’ to schools funny thing happened. The House the Senate, but the legislation over and libraries in the U.S. passed its version, the Senate passed here still would have left that guy at 5.(SBU) Mr. Don Myers, representing Hill its version. Madam Speaker, you know AIG with $640,000. Well, Madam Speak- and Knowlton, gave a short demonstration of a CAIR-funded media campaign to support that when we have bills that pass each er, in my district in northeastern Ohio, CAIR’s overall information outreach effort. Chamber and there are some dif- it would take 16 years for somebody According to Myers, this private campaign ferences in them, we have to appoint a making $40,000 a year to make $640,000. will emphasize both grassroots outreach to conference committee, and they meet So again, rather than correcting the improve American non-Muslim under- and work out the differences and then mistake, they came up with—it wasn’t standing of Muslims and the encouragement send back to us a conference report. even a fig leaf, it was a fig tree to pre- of political engagement by American Mus- tend that they were really mad about lims. The multi-year broadcast and print b 1400 the bonuses that they authorized with campaign is to be entitled ‘‘Let the Con- Somehow, somewhere in that con- versation Begin’’ and is aimed at countering their vote. negative stereotypes about Muslims within ference committee, the language that So we, myself and other Members, the broad American public. was put in by Senator SNOWE and Sen- Mr. MCCOTTER from Michigan, have 6.(SBU) One admitted reason for the ator WYDEN was taken out of the bill been coming to the floor. And I grew up group’s current visit to the KSA was to so- and about 40 words that are located on playing a game called Clue, a very licit $50 million in governmental and non- the easel to my left were inserted into wonderful game to play around the governmental contributions. PA Counselor the bill. And, Madam Speaker, as you kitchen table with your kids. Hasbro, I noted that private outreach activities can read that language, not only were think, is the manufacturer of it. And so provide valuable support to USG efforts to build mutual understanding overseas but there no longer any strings on those with apologies to Hasbro, we came up cautioned that USG Public Diplomacy (PD) bonuses, but this paragraph specifi- with ‘‘Clue,’’ because if you play Clue, funds cannot be used or associated with ef- cally protected any bonus that was and, Madam Speaker, I don’t know if forts to target American audiences. The del- given to any official, including the you’re a Clue player or not, but the

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.020 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6677 way Clue works is you start with a We thought originally that Senator partment would be unable to provide murder has been committed. In this DODD, the chairman of the Banking any documents about those conversa- case, it wasn’t a murder. It was pretty Committee, might be the person we tions. bad, but it wasn’t a murder. You start should focus in on. He’s made some So, again, it becomes kind of impor- with what happened, and what hap- public statements, but the public state- tant that we have the majority leader pened is that somebody put in a bill in ments now have gone back and forth. schedule this resolution so we can get the middle of the night language that His office says that they put it into the the documents so we can figure it out protected these bonuses that everybody bill at the request of the Treasury. The and we can move on to something else. became shocked about. So that’s the Treasury says that they put it in at the And I see my friend from Michigan is crime in this particular instance. So request of Senator DODD. here, and I yield to Mr. MCCOTTER of you have to find out who did it. You So here’s what we did. Being the Michigan. have to find out where it happened in sleuths that we’re attempting to be, we Mr. MCCOTTER. I thank the gen- Clue, and you have to find out where went out and filed a bill that basically tleman for yielding through the Chair. the weapon is. would have required these folks to Just two quick inquiries of the dis- Now, the great news is that we know hand over some documents and fess up tinguished gentleman from Ohio. First, what the weapon is. It wasn’t a gun or and tell us why they did it. It went to I was wondering if you considered the the lead pipe or the rope or any of that the Financial Services Committee here response from Mr. Munchus to be indic- stuff. It was a pen. Somebody took a in the House. And to his credit, one of ative of the most transparent adminis- pen, took out the language that would the heroes of this Clue game is Con- tration in history. And, secondly, I have prohibited the bonuses, and then gressman BARNEY FRANK of Massachu- would like to commend you for putting took the pen and wrote this paragraph setts, who chairs the Financial Serv- the question mark signifying the poor into the bill. ices Committee. He called up the reso- staffer who will be blamed if we con- So we got a third of the way there lution, and that committee voted for it tinue this, unless, of course, someone and I was feeling pretty good about it. 64–0. So I’m feeling pretty good about confesses or the media actually looks And in our subsequent discussions here it now. I think that we’re actually into the matter, because I remember on the floor, we’ve pretty much nar- going to get someplace. But, sadly, the growing up and I watched reruns of rowed it down. Here you have the way that this place works is that when Star Trek. Whenever the captain and Banking Committee, the Speaker’s of- legislation is reported out of the com- Bones or Spock would get on that fice, the conference room. And pretty mittee, it doesn’t come here to the transporter platform, there would al- clearly, it either happened in the floor for discussion or debate unless it ways be somebody you didn’t recog- Speaker’s office or in the conference is scheduled by the distinguished ma- nize, and you knew they weren’t com- ing back. So when I see that question room. We get that from published re- jority leader of this body, Mr. HOYER of ports, the shuttle diplomacy. I wish I Maryland. And even though that event mark, I just think of the poor staffer could tell you that there was a Repub- occurred a couple of months ago, Mr. that, at the direction of someone else, actually utilized the pen, because if lican suspect in this, but there weren’t HOYER has apparently determined that any Republicans permitted into the we are too busy here in the House of this inquiry continues, as it will, you know that he may not be coming back. conference room. So we believe, and I Representatives to deal with this issue. Mr. LATOURETTE. I thank the gen- think for the purpose of this exercise And we’re going to talk a little bit tleman. And the answer to the first we’re going to say, that it happened in about how busy we’ve been in a couple part of your question is clearly this is the conference room. of minutes. But we’ve had a setback. not indicative of transparency. The missing piece and where I really So Chairman FRANK, again, deserves Look, all we want to do is move on thought we were getting close was who credit because, even though the major- and find out why somebody felt it nec- did it. Let’s finish Clue, that it was ity leader won’t bring this bill to the essary in a dark room in the dark of Colonel Mustard with a pen in the con- floor so we can figure it out with docu- night to put in language that protected ference room. And around this board ments, Chairman FRANK said to the these $173 million worth of bonuses and we have the people that we believe, we Treasury, Look, just sit down with the why they did it. They may have a great know, were in the room and were capa- people that are interested in finding explanation. I doubt it, but they may ble of making this insertion. Madam out the truth here and hand things have a great explanation. We just want Speaker, I know you know who they over. them to come forward and tell us ‘‘I did are. But just sort of running around So we had some conversations, and, it’’ and why they did it. the board here, down here CHARLIE sadly, I have to report to the House, So I can’t report, Madam Speaker, RANGEL, the distinguished chairman of Madam Speaker, that we’ve had a set- that we have solved this particular epi- the Ways and Means Committee. Here, back. And while I wanted very much to sode of Clue. And, sadly, we have an- a former colleague of ours, Rahm come and be able to solve this game so other mystery that has sort of reared Emanuel, who is President Obama’s we could get on to something else, but its ugly head here on Capitol Hill. Chief of Staff. Up here is Mr. Orszag, there was a meeting, a conversation, Mr. MCCOTTER. I thank the gen- the OMB Director, the fellow that’s the on June 3 between representatives of tleman for yielding through the Chair. bean counter down at the White House. the Financial Services Committee and Let’s also put out that we have, in Over here is Senator DODD from Con- a fellow by the name of Damon fact, understood from the White House, necticut, who is the chairman of the Munchus, M-u-n-c-h-u-s, who is the in fairness to them, that the President Banking Committee over in the Sen- Deputy Assistant Secretary for Legis- has taken responsibility for the AIG ate. In the upper corner is Ms. PELOSI, lative Affairs. He indicated at this bonus. He said so, which I think is only the distinguished Speaker of the House meeting where we were talking about appropriate since he signed the bill of Representatives, and Mr. HARRY it, and I was promised a letter talking that executed it into law. But what we REID, the distinguished majority leader about who did this, he indicated in that are really looking for is that shadowy over in the United States Senate. So conversation that the Treasury figure between the President of the we have narrowed it down to one of thought that that meeting was to talk United States, who may or may not these folks. about policy options and had nothing have known the bonus was in the bill, And the question mark down there, to do with this particular issue. And he and the poor staffer that may have and this is really a disappointment to then stated that if the true goal of the been directed to do this. So we want to me, sadly, some are just saying that it meeting was to reconstruct conversa- point out that we are trying to be fair. was some staffer that put the thing in. tions between Treasury and Senator We have not determined whether the So the question mark is this staffer DODD and his staff regarding this bonus President even knew the AIG bonus who apparently has the power to provision and how they got into the was in the stimulus bill, which was change law and make law. And it may stimulus bill—and I would say duh. I rushed in a crisis atmosphere upon a have been a staffer who was using the mean, what have we been trying to do deadline that he set, and the staffer pen, but clearly a staffer had to be di- here for the last 3 months?—that on who may potentially receive all the rected by somebody to do that. the advice of counsel, the Treasury De- culpability unfairly.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.073 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6678 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Mr. LATOURETTE. I thank the gen- were a number of events occurring that is an affidavit from a guy named Rob- tleman for that. I want to describe. On April 30 at 11:30, ert Manzo, who is one of Chrysler’s And I would go a step further. I am the White House orchestrated a con- consultants, and in there they identify certain that President Obama did not ference call with Members of Congress, eight plants that are going to be shut- know that this had been inserted into Governors, Senators, anybody that was tered and 9,000 people, mostly United the stimulus bill because he appeared interested in what was going on with Auto Worker members, that are going on television after the bonuses were Chrysler, and in that conference call to be out of jobs. given and said he was shocked that they indicated, This is a great day, Now imagine, if you go with the sce- these bonuses have been given, and we’re saving 30,000 jobs and every- nario that I just indicated, that there people in his administration said they thing’s going to be okay. I mean, were some people that were a little sur- were going to do everything within there’s going to be some pain but ev- prised. There are two more observa- their power to get this money back. So erything’s going to be okay. tions I want to make about that. We I agree with you 100 percent. The Presi- At noon that day, the President of serve with a Member by the name of dent did not know, to the best of my the United States took to the airwaves GWEN MOORE who is a Democrat from knowledge, that this was occurring. and made the announcement that the Wisconsin—Milwaukee. During the And even our colleagues in the House, bankruptcy was the way we were going course of that phone call, she specifi- Mr. MCCOTTER, the Democrats who to go. Over here on the far easel are cally said, Hey, you know what, I have voted for the stimulus bill, except for President Obama’s exact words: No one this auto plant in Kenosha, Wisconsin, 11 of them, I don’t think they knew it should be confused about what a bank- a Chrysler plant in Kenosha, Wis- either. ruptcy process means. It will not dis- consin. I just want to ask you, under I’m not just trying to be a nitpicker. rupt the lives of the people who work this plan, are we going to be okay? I will tell you that one of the problems at Chrysler or live in the communities And Mr. Nardelli went on and waxed is you may remember that stimulus that depend on it. on about how important the Kenosha bill that spent $789 billion of our con- And then at 1 o’clock, after the plant was and the 800 people that work stituents’ money. It was about a thou- President had his press event, there there, and, yeah, you need to rest easy, sand pages long. So it was like the was a second conference call with Rob- it’s going to be okay. phone book of New York City. And as ert Nardelli, who was the chief execu- Well, sadly, after the bankruptcy that bill was coming to the floor that tive officer at Chrysler, with again the documents were filed, Kenosha, Wis- week, one of our colleagues on the Re- same group of Governors, Members, consin’s engine plant was on the list of publican side made a motion and came that were interested in it, and the first closures. Again, I think Representative up with this novel idea about how question on that conference call came MOORE had some questions, as did the about if we have 48 hours, 2 days, to from Governor Granholm, the Demo- Governor of Wisconsin, saying, Well, read the thousand pages, and here’s an- cratic Governor of the State of Michi- what are you talking about? You told other novel idea, what if we put it on gan where my friend Mr. MCCOTTER is us you weren’t going to close Kenosha. the Internet so that our constituents, from. She was concerned, because the Not to be outdone, Mr. Nardelli sent who are paying $789 billion, they have President’s announcement said 30,000 a letter of apology. He said, I want to 2 days to sort of digest it and call their jobs had been saved. And while every- begin by expressing my apologies. He Representatives and express their body was celebrating that fact, we all goes on to say that in response to Con- views? That was Tuesday. The problem knew that there are more than 30,000 gresswoman MOORE’s question about is the bill was taking a little longer people that work for Chrysler in the Kenosha, I mistakenly conveyed the than people anticipated. The President United States of America. status of the Kenosha plant with Tren- had promised that he was going to sign Governor Granholm said, Well, lis- ton, Michigan. Trenton, Michigan, it by President’s Day, so the bill was ten, we congratulate you, we congratu- doesn’t sound like Kenosha, Wisconsin filed Thursday at midnight. late the President, I think this is real- to me. It’s not only not a sound-alike, Now, I’ve apologized to my constitu- ly good news, but I hope that the Presi- they’re in different States for crying ents for not being up Thursday at mid- dent wasn’t speaking in code. The out loud. night to immediately begin reading the President said that 30,000 jobs had been Mr. Speaker, I would like to put Mr. thousand pages. But when we arrived saved and we know that the number is Nardelli’s letter of May 7 into the at work the next day, on Friday, we about 39,000. So was he, you know, sort RECORD. were told, You’re not going to have 48 of just giving good news and we’ll find CHRYSLER LLC, hours to read the bill; you’re going to out about the bad news later? Or have Auburn Hills, MI, May 7, 2009. have 90 minutes to read the bill that really all of the jobs been saved? And Hon. Governor JIM DOYLE, spends $789 billion, and good luck to East State Capitol, will there, in fact, be no plant closures? you. Now, I have been here 15 years, Madison, WI. Well, in response to that, Mr. and I would suggest to you when you DEAR GOVERNOR DOYLE: I want to start by Nardelli indicated that, Oh, no, no, no, legislate that way, silly things happen. expressing my sincere apologies about the no, the President was just using a And I think a lot of our friends on the confusion surrounding comments I made on round number. We don’t expect plant a conference call with you and other elected Democratic side of the aisle who voted closures and we don’t expect any dif- officials about the Kenosha Engine Plant on for the stimulus bill that protected ficulties. April 30, 2009. those bonuses didn’t know it either, in Now Governor Granholm did what I In response to a question from Congress- fairness. woman Moore regarding the future of the Ke- did. I don’t know what my friend the nosha Plant, I mistakenly conveyed the sta- b 1415 gentleman from Michigan did but I tus of the Phoenix investment in Trenton, But that’s why it’s important, I issued a press release praising the ad- MI. The facts I described were accurate for think, to protect the integrity of the ministration, praising the auto task Trenton and not Kenosha, WI. I recognize House and both Republicans, Demo- force and saying this is wonderful this has added further confusion to an al- crats, the President of the United news, because I in fact had—I used to ready difficult situation. have—a Chrysler stamping plant in my I would like to take this opportunity to States—who did it and why did they do clarify the Phoenix Engine Program produc- it. Just tell us and then we’ll be done. district in a place called Twinsburg, tion status. But we’ve come to, sadly, a second Ohio. So I sent out a notice saying this In 2006, DaimlerChrysler started a program mystery and this one is more cata- is really good news. Well, sadly, that for a new V6 engine family. Based on indus- strophic when it comes to the lives of afternoon, and it’s kind of a famous try volumes and forecasted demand, the ini- people in this country. As you know, picture now, but this guy with a cart is tial planning volumes were 1.76 million Mr. Speaker, the auto industry is in taking all these banker boxes into the units. In order to achieve this level of pro- big trouble, and we are now faced with bankruptcy court up in New York. In duction, a site selection process was initi- that filing and clearly they weren’t ated that included four new locations in the bankruptcies of Chrysler and Gen- Michigan, Ohio, Wisconsin and Mexico. eral Motors, Chrysler going first. written between the President’s an- Before site selection was finalized, the en- In the days leading up to the filing of nouncement at noon and 3 o’clock gine volume planned for the combined com- the bankruptcy for Chrysler, there when they were filed, located in there pany was reduced when the common engine

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.074 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6679 program with Daimler was redefined as a Then the other thing that occurred den she finds that a Chrysler plant that Chrysler only engine. This reduced the num- is, you may remember, Mr. Speaker, provides 13 percent of her city’s tax ber of production sites to three. that the UAW, the United Auto Work- base is going to be closed and 1,200 peo- These three sites would have the capability of producing 1.3 million V6 engines. Early in ers, were asked by Chrysler to enter ple are going to be out of work. 2007, for a variety of reasons, the Corpora- into a new contract—a contract that Basically she said, Look, I watched tion was required to reduce its capital in- gave up benefits, gave up wages, gave the President. I was on these telephone vestments in all programs which required a up off days. But they were told that if calls. What happened? new production strategy for the Phoenix en- they supported this new contract, that Mr. Bloom, in a letter dated May 6, gine. Therefore, Chrysler decided to reduce was going to lead to a new, vibrant writes back that what the President’s the number of greenfield plant locations to Chrysler where their jobs would be se- comments were meant to convey, they two. In May and June of 2007 the Company cure. And so they voted on April 28. All meant to convey the message that the chose those two sites and announced the bankruptcy of Chrysler had in no way greenfield investments of $730 million in the Chrysler workers went to the polls on April 28 to say whether or not they changed these plans. Trenton and $570 million in Saltillo and I would like to put this into the broke ground on the construction of the fa- approved or disapproved this new con- RECORD as well. cilities. The greenfield decisions were based tract. I don’t know all of the election MAY 6, 2009. on the adjacency of the proposed plants to results, but I do know in my little com- DEAR MAYOR PROCOP: Thank you for the the point-of-use assembly locations. munity of Twinsburg, Ohio that has note. Hopefully I can clarify the situation at In February of 2007, Chrysler notified the 1,200, or did have 1,200 UAW members, hand regarding the Twinsburg Plant. On State of Wisconsin and Kenosha officials February 17th, Chrysler developed a viability that a greenfield site was no longer viable, 88 percent of their members voted for plan which proposed several plant closures, but rather that a retool of the existing Keno- it, voted to give up benefits, give up including a closure of the Twinsburg Stamp- sha Engine Plant was under consideration. wages, as long as it helped the com- ing Plant. The decision to close the The Kenosha retooling plan resulted in nec- pany that they worked for survive. Twinsburg Plant was not in any way driven essary capital savings; however, it required So they voted for it, the thing or influenced by the U.S. Government. It was the Kenosha site to continue to produce its passed, and then the next day they find identified based on an assessment by Chrys- current engines through 2013. out that they’re out of a job. Mr. Doug ler’s management of what was necessary to In late 2007 and 2008, deterioration in in- Rice, who’s the president of UAW Local reduce Chrysler’s manufacturing capacity in dustry volume resulted in a drop of the 1.3 the face of extremely poor market condi- million unit demand to 880,000. This reduc- 122 which covers Twinsburg, indicated tions. tion in volume and the need for Kenosha to that, his quote was, ‘‘I don’t know if I While the original 2/17 plan submitted by produce its current engines resulted in the was told the whole truth on every- Chrysler was not deemed viable by the Task company deciding to defer the retooling thing. I don’t feel like I was. It would Force, the more recently proposed Fiat/ strategy. be a shame if this was something that Chrysler alliance plan has been approved. Chrysler kept Kenosha Area Business Alli- was known for some time. If they kept This plan included the same plant closure ance updated on the status of the retool this back from people, that’s wrong. schedule as the one originally proposed by through 2008. As the market began to col- Chrysler, and the President’s comments were lapse through late 2008 and 2009, a decision That’s wrong.’’ meant to convey the message that the bank- was made to idle the Kenosha Engine Plant He was then asked, What do you ruptcy of Chrysler had in no way changed in December of 2010. This and other restruc- think would have happened if you had these plans. turing actions were included in the Chrysler known that you were going to be out of We realize how unfortunate this situation LLC February 17, 2009 Viability Plan submis- a job by approving this contract? He is, especially for the citizens of Twinsburg sion to the United States Treasury and the said, ‘‘Needless to say, people ain’t whose livelihoods are tied so directly to the President’s Auto Task Force. The specific going to vote to eliminate their jobs.’’ Chrysler plant. The current economic envi- plant actions, including Kenosha Engine And I think that’s right. I don’t ronment has forced many communities to Plant, were not made public because it would think any of these 9,000 people who make sacrifices that seem unequal and un- have been presumptuous to assume that the fair, and the Task Force is working actively plan was going to be approved and inappro- worked at the eight plants would have to mitigate the impacts of these sacrifices. priate to communicate prior to thorough dis- said, hey, let’s approve this new con- During his viability determination on March cussion with the United Auto Workers union. tract and vote ourselves out of a job. 30, the President announced Dr. Ed Mont- On April 3, 2009, Chrysler officials met with I would like to put Mr. Rice’s quotes gomery, former Deputy Labor Secretary as the Kenosha Task Force and reiterated the from the Cleveland Plain Dealer on Director of Recovery for Auto Communities. need to defer the Phoenix Program. Upon May 1 into the RECORD, Mr. Speaker. Since his announcement Ed has been going emergence from Chapter 11, plans are to con- ‘‘I don’t know if I was told the whole truth into communities and hearing people’s con- tinue to produce the current engine families on everything,’’ said Doug Rice, president of cerns and he has been assembling an inter- through December of 2010 at the Kenosha En- United Auto Workers Local 122. ‘‘I don’t feel agency effort to support communities and gine Plant in order to support our current like I was. It would be a shame if this was workers and promote new job-creating ini- products. The Trenton Engine site has been something that was known for some time. If tiatives. completely facilitized and will launch when they kept this back from people, that’s Ed’s role is to work with the communities we exit from Chapter 11. The Saltillo Engine wrong. That’s wrong.’’—PD May 1 that have been negatively affected, my role site has also been facilitized and is scheduled Host: Would that vote have been the same is to work with Chrysler and GM in their ef- to launch mid-to-late 2010. had you had the information you have now? forts to restructure, so that we can once We would have hoped to have been able to ‘‘No. Needless to say, people ain’t going to again see a strong and competitive domestic convey this information to you and the com- vote to eliminate their jobs,’’ said Doug auto industry. munity in a more timely fashion, but cir- Rice, President of UAW Local 122 in Sincerely, cumstances simply did not afford us an op- Twinsburg—WCPN (Public Radio, Sound of RON BLOOM. portunity to do so. It is expected that vir- Ideas), May 5, 2009 tually all employees associated with Keno- What these plans are that they’re sha and the other closures announced in our And then the mayor of Twinsburg, talking about is, both car companies, Chapter 11 filings will be offered employment Ohio, and, Mr. Speaker, if you haven’t Chrysler and GM, filed viability plans with the new company. been to Twinsburg, I will tell you, you with the task force in February. Feb- While the company continues to address may want to come this summer, or any ruary 17, I believe. They were both re- difficult market conditions, we expect that summer. Twinsburg is famous for its jected. But somewhere in conversations the Chrysler Fiat alliance will ultimately provide customers and dealers a broader Twins Festival and twins from cradle between the auto task force and Chrys- competitive line of fuel-efficient vehicles to very elderly twins show up. Last ler, it was indicated that there were and technology, and will result in the preser- year I think we had 4,000 sets of twins. going to have to be some plant clo- vation of more than 30,000 jobs in the United If you think you’re seeing double, you sures. But nobody told anybody. There States along with thousands of employees at will see double in Twinsburg during was no public document, no public dis- dealers and suppliers. their Twins Festival. cussion, no notification to the United Again, please accept my sincere apologies Their mayor wrote to Mr. Bloom, Auto Workers—at least at the local for the confusion. We will continue to work Ron Bloom, who is on the President’s with the people of Kenosha to ensure an or- level—that plants were going to be derly transition. automobile task force and basically closed. That was the response from Mr. Sincerely, said, What happened? She was on the Bloom. BOB NARDELL, call, she heard that everything was I yield to the gentleman for his Chairman and CEO. going to be okay and now all of a sud- thoughts.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.022 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6680 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Mr. MCCOTTER. I appreciate that going to be thrown out of work that We were given it by the first Bush ad- recap of exactly what happened. And work at these dealerships. ministration, which initially granted now subsequent to these events which What my friend Mr. MCCOTTER was the bridge loan to the autos. Early on have had such a devastating effect referring to is that when you question in the process, we were told that the upon my community, Michigan, the en- the administration, and again not the auto industry would not be walked tire Midwest and America’s manufac- President. I want to be crystal clear away from. Early on in the process we turing base, we hear the administra- about this. When President Obama said started to get signals, however, that tion and the task force saying that on April 30, this statement, that no- the bankruptcy might become a more they did not determine which plants body’s going to be negatively impacted, and more likely option. would be closed. They did not deter- no communities are going to be nega- Yet we were never told, as reports mine which dealerships would be tively impacted, I believe he meant it are starting to come out, that early on closed. That is a factually true state- and I believe he believed it to be so. the administration’s Auto Task Force ment. But by omission they do not add I don’t think, however, that his auto- had made the decision that bankruptcy that they determined how many plants mobile task force has served him well. would be the best option. And as we would be closed and how many jobs By that I mean, Mr. Bloom testified watched Chrysler and as we now watch would be lost and how many dealer- yesterday, or the day before, in the GM, two of the big three domestic auto ships would be closed. Because when United States Senate and Senator makers in bankruptcy, we see that they rejected those viability reports, HUTCHISON of the State of Texas said, clearly that best option was pursued they said they did not go deeply Hey, I don’t understand a couple of and promoted. enough quickly enough to provide via- things. First of all, it’s a strange busi- But, again, as the gentleman from bility to Chrysler or a path forward for ness model that you can sell more stuff Ohio points out, these are figures. General Motors. with less stores. I never learned that in These are facts. Throughout this proc- Put in terms of the human cost, that Econ 101 or anywhere else while I was ess there was a cruel uncertainty that means more people had to lose their in school. affected the people of my district, that jobs, more plants had to close, more b 1430 affected the people of Michigan and dealers had to be culled from the fran- But we don’t think that car dealers throughout the manufacturing sector. chise ranks. cost the car companies any money. No one knew when the bell would toll So I would hope that in the future But this issue has come up. Who said for them. with the task force, again that the that all these car dealers costing So as the process continued, espe- most transparent administration in 200,000 people to lose their jobs needed cially if you talk about the United United States history by its own pro- to be closed? And the gentleman’s Auto Workers who ratified the agree- fession would be honest with the Amer- point is this: When Chrysler and GM ment, as you got closer to the point of ican people as to where the decision for submitted their studies about how they Chrysler going into bankruptcy, when these lost jobs came from, not merely wanted to proceed, they had a plan, an you signed that agreement without any which ones faced the ax. orderly closeout of dealerships and con- indication that you were going to lose Mr. LaTOURETTE. I thank the gen- solidations, and they were told they your job and that you might actually tleman. weren’t aggressive enough. be a part of Fiat and Chrysler going That leads to the next point. Because Specifically, Mr. Bloom testified over forward, to learn in the blink of an eye Mr. Bloom from the President’s task in the Senate that when they rejected that all that hope was gone, after you force testified yesterday, or the day be- the plans, he said, I think we said that had done everything you could, after fore, in the United States Senate. But General Motors is burdened by excess your union president and their team first let me finish this point. capacity. We said that their plant foot- had done everything they could to save Going back to the plant closures, print, the manufacturing plants, has as many jobs as they possibly could, to what is now on that far easel, that’s a excess capacity, their dealer network lose it all at that point is exceedingly paragraph that was in the UAW con- has excess capacity, and the white and cruel. tract that people were asked to ap- blue collar people that work there need I have talked to them. They feel this prove, and it specifically was bargained to be downsized, and we told General in my district. I have talked to auto for by the people in my district in Motors and Chrysler when we rejected dealers who, after a lifetime of work in Twinsburg. This paragraph certainly their February 17 plan, you need to go the industry, of being pillars of their doesn’t tell them that their plant’s back and you need to take a more ag- community, in the blink of an eye have going to close the next day, but it indi- gressive approach. And, yes, that in- lost everything that they have worked cates that Chrysler’s going to bring cluded dealers, but it included plants for, who have talked on the phone in more work to the stamping plant. and a white collar head count. tears or in person been on the verge of So when my folks went to vote, they So, it is parsing of words to say, and tears about what happened to them and voted not thinking they were going to I have never said and I don’t think my why they cannot get an answer. be out of work, they thought that more friend from Michigan has ever said, So through the Chair to the gen- work was going to be coming via the that Mr. Bloom said you have to close tleman from Ohio, we see a pattern agreement with Chrysler. the dealership in Milwaukee, Wis- emerging. Again, I absolutely agree What the gentleman is now referring consin. They didn’t do that. But they with the gentleman from Ohio. I be- to is in addition to the 9,000 people put did determine the parameters and they lieve that the President had no idea his out of work and the eight Chrysler did indicate that you had to get down administration had put the AIG bo- plants and, on top of that, I think it’s to a certain size, which then led to and nuses in the stimulus bill. I truly be- 14 General Motors plants, we have now will lead to 200,000 people being out of lieve the President of the United been told. For some reason in this work. States had absolutely no idea about bankruptcy, somebody has come up I yield to my friend. what would follow the consequences of with a brainy idea that you can have Mr. MCCOTTER. I thank the gen- the Chrysler and GM bankruptcies in better car companies if you don’t have tleman for yielding. terms of the human cost to the work- any auto dealers. And so the initial re- Again, it cannot be emphasized ing people of America. quest in the bankruptcy was that enough that while we talk about jobs But what I cannot figure out is that Chrysler close 789 car dealerships in its and numbers, and we have talked about if that is the case, if we are correct in network. We now know that General the jobs that the United Auto Workers our assessment, why the President of Motors is going to close about 2,600 of will lose, I can attest to you that the United States, A, does not want to theirs. According to the National Auto- throughout this bankruptcy process find out who in his administration put mobile Dealers Association, about 60 the people of my community, the peo- him in that position, and more impor- people work at every car dealership. If ple of Michigan, the people at Chrysler tantly who put the people of the auto you take the combined closings of car and the people at GM thought that we companies and the workers in that po- dealerships at Chrysler and General had a chance to avoid a bankruptcy, sition, or the taxpayers of America in Motors, it’s north of 200,000 people are that that was the hope we were given. that position, and then as the most

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.078 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6681 transparent administration in Amer- Katrina, he provided fleet vehicles to believe is not serving the President ican history does not want to tell the police departments and fire stations in well, is made up of people who are real- American people who those actors every parish of Louisiana that was af- ly knowledgeable in business, in the were. It would seem to me that would fected by the hurricane, and also pro- car industry, in the car dealership in- serve the country well and it would vided vehicles for the State of Lou- dustry, and so we should probably serve our President well. isiana and the City of New Orleans. defer, because I don’t happen to be any I yield back. Mr. Comiskey says, ‘‘I will probably of those things. So maybe we should Mr. LATOURETTE. I thank the gen- end up living out of my car as a result defer to their judgment in this matter. tleman. And just to continue talking of this set of decisions.’’ The gentleman has a thought he about the dealers and the 200,000 peo- Now, it brings me to I think where would like to share? ple, and you know what? It is more the gentleman was going, and that is Mr. MCCOTTER. Yes. Through the than 200,000 people, because I assume the Clue travel edition: Who is this Speaker to the gentleman from Ohio, most of them have families, husbands, task force and who made the decision first I caution you that if you continue wives, children, grandchildren, what- to close eight Chrysler plants without to quote Mr. Feldman, you may get a ever the case may be. telling the workers that it was going to PG–13 rating for your Special Order. The other interesting thing about car happen, throwing 9,000 people out of But I would also like to point out dealers, at least in my part of the work? Who made the decision to be that many of us in Detroit had grave world in Ohio, if you go to one of your more aggressive and throw 200,000 peo- concerns when the membership of the children’s Little League games or soc- ple out of work that work for auto Auto Task Force was announced be- cer games, you always see that it is a dealers? cause of the absence of an under- car dealer that has sponsored the team. Now, before I talk about the Auto standing of the auto industry and man- The car dealer sponsors the chamber of Task Force qualifications and where ufacturing, and, to be quite honest commerce. The car dealer gives to we are going to go with the game of with you, the absence of some of the charity. The car dealer does the food Clue, I have to tell you I have men- Members owning cars. I yield back. drive. So you are talking about not tioned Mr. Manzo, who is the Chrysler Mr. LATOURETTE. I thank the gen- only displacing 200,000 people; you are restructuring expert, and you may re- tleman, and that is where we were talking about ripping the heart out of call, Mr. Speaker, there was some dis- going to go next. There was a hearing a number of communities. cussion about bondholders. God forbid here on Capitol Hill about 3 weeks ago You could understand it if these deal- someone could take some of their in the Judiciary Committee and the erships were somehow a drain on money and invest it in a company in witnesses were asked by a colleague of Chrysler and GM. But on June 3, Amy this country and be told that they were ours who joined us the last time we did Brown, who is a lawyer for the affected secured creditors. this, Mr. JORDAN of Ohio, Do any of Chrysler dealers, had the opportunity The secured creditors at Chrysler had these individuals on the Auto Task to cross-examine the aforementioned invested money. And you know what? Force have any expertise in how car Mr. Nardelli, who was the chief execu- They have since been characterized as manufacturing or car dealership busi- tive officer of Chrysler, and was asked ‘‘unpatriotic’’ or ‘‘not wanting to go nesses operate? The witness indicated why it was necessary to eliminate the with the flow.’’ the answer is none; they have no expe- franchises when neither the govern- But the one group that was most rience. He went on to say that The ment nor Fiat, the group that is buying prominent in this is the Indiana State Wall Street Journal actually did a sur- Chrysler out of bankruptcy, asked for Teachers Pension Fund. So the Indiana vey of the members of the Auto Task it to happen. State Teachers Pension Fund thought Force and discovered that a substantial Mr. Nardelli said the 789 dealers rep- that buying Chrysler stock was a good portion of them don’t even own cars. resent a host of expenses. But then he investment and they couldn’t lose, be- Now, I want to be fair, because I was asked to quantify how much those cause as bondholders they were first in think that witness was talking without things cost the automaker, and Mr. line should something like a bad bank- all of the facts. But there is an article Nardelli said he couldn’t, and he wasn’t ruptcy happen. Well, we have rewritten that appeared in the Detroit News, sure if his company had ever deter- the 200 years of bankruptcy law, and it close to the gentleman’s home, on Feb- mined those exact costs. doesn’t matter if you are a secured ruary 23, and that is not quite right. Of At a hearing last week up in bank- creditor or not. the 10 senior policy aides who work on ruptcy court they had a number of But Mr. Manzo called Matthew Feld- the President’s task force, two own dealers in, and there are a number of man, who is an attorney for the Presi- American cars and the rest either own dealers here on Capitol Hill testifying dent’s Auto Task Force, on the day be- no cars or they own cars manufactured in front of the Energy and Commerce fore this announcement was made, and in other countries, foreign cars. Committee. But just three quotes from he basically said, Hey, I think I have a Does the gentleman have a thought car dealers who testified up in New way that we can avoid the bankruptcy on that? York in the bankruptcy court. of Chrysler and restructure some of Mr. MCCOTTER. Yes. I would just Leo Jerome, who owns a car dealer- this debt and work with the bond- like to go back to the quotes from the ship in Lansing: ‘‘I just want my day in holders. emails, because it is very important court and give me a fair hearing. After Sadly, this is from an email sub- that we catch one of the underlying I had a 10-month supply of cars, they mitted in the bankruptcy court up in sub-texts to this entire situation. gave me three weeks to sell them all. I New York. Mr. Feldman’s first re- We were told that it was the inves- think the White House Mafia is trying sponse by email, not real grownup, it tors that forced Chrysler into bank- to run this thing through.’’ says: ‘‘I’m not now talking to you. You ruptcy due to their obstinacy and Tony Manicotti, who has a car deal- went where you shouldn’t.’’ greed. And yet from the emails we see ership in Sterling Heights, Michigan, Well, Mr. Manzo apologizes in a sub- here, this is precisely one of those in- said, ‘‘They’ve ripped our heart and sequent email, and it comes back, ‘‘It’s vestors who is seeking to come to an soul out. It’s been part of me since I over. The President doesn’t negotiate agreement with the Auto Task Force was a child. It’s hard to believe what second rounds. We have given and lent to preclude that bankruptcy. the government has done. They are billions of dollars so your team could I relate this back to what the gen- supposed to save employment—not cre- manage this properly. And now you’re tleman showed us from the UAW, who ate unemployment.’’ telling me to bend over to a terrorist had gone through a very grueling, ex- And an Orleans Dodge Chrysler Jeep like Lauria?’’ Mr. Lauria is the lawyer cruciating process to find an agree- dealer, Mike Comiskey, who was re- that represents the Indiana teachers’ ment with the Auto Task Force. And sponding to a question by the bank- pension fund. ‘‘That’s BS.’’ yet when Chrysler went into bank- ruptcy judge, Judge Gonzalez, his deal- Of course, the next day we have the ruptcy, which was clearly the intent ership had been ruined by Hurricane bankruptcy. not to do everything possible to avoid, Katrina but he reopened it 5 months But you say, you know, maybe this people started to pit the investors and later. During the course of Hurricane task force of the President’s, which I the auto workers against each other.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.079 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6682 CONGRESSIONAL RECORD — HOUSE June 12, 2009 I would submit to all that it was the for a bunch of folks that are claiming Cats and Rare Canids Day. And I have process of the Auto Task Force, its ar- they don’t want to run the car com- to tell you, I didn’t even know what a bitrary nature and its lack of account- pany, they’ve now set up the situation rare canid was, but I Googled it, and ability that pitted workers and inves- where they didn’t want them to adver- it’s a dog. So when my constituents tors against each other in a race to tise and they didn’t want them to have were paying $3.84 cents a gallon, we beat the inevitable bankruptcy which as many stores as they used to have to were doing cats and dogs here in the would occur. sell their cars. Again, that’s a strange, United States Congress. I think that is one of the crucial strange business model. It goes over $4, and you think, man, things that needs to be pointed out, So we will be back, Mr. Speaker, as we’re going to get to the bottom of it and I think it also bears repeating, why we move forward during the course of now. But the majority determined that the individual, the distinguished gen- these discussions, to try and figure out the most important thing we could do tleman from Ohio, Mr. KUCINICH, as who did it and what room it happened on that day was declare the Inter- well as yourself and other Members of in and why they did it. national 2008—a lot of my constituents this body, sent a letter to the adminis- I want to move now to the observa- didn’t know this either—2008 was the tration saying we wanted the Auto tion that I made at the beginning of International Year of Sanitation. Task Force to revert back to an advi- the hour. At the beginning of the hour Gas crested at $4.14 a gallon in my sory capacity. Because many of us re- I talked about the AIG bonuses and the part of the world on June 17 of 2008. member the 1970s when a congression- fact that legislation that was approved Surely we’re going to talk about en- ally led assistance of the Chrysler in a bipartisan fashion, 64–0, has not ergy; surely we’re going to talk about Motor Corporation brought the stake- been brought to the House floor by the gas. No, we were too busy. We had to holders together in an equitable proc- distinguished majority leader for dis- pass the Monkey Safety Act on that ess and resulted not only in the sur- cussion and debate. And we keep hear- particular day. vival of the company, but Lee Iacocca ing how busy we are here, and we heard So we thought maybe folks had presenting a check with interest for that last year. And my colleagues will learned as a result of that because, those loans to President Ronald remember last year, when gasoline was clearly, when gas has gone up to that Reagan. going through the roof and our phones price, the Monkey Safety Act isn’t the were ringing off the hook and people foremost thing on my constituents’ b 1445 said, Hey, can you give us a national minds. Mr. LATOURETTE. I thank the gen- energy policy, for crying out loud? So we come to this year. And this tleman very much. Mr. Speaker, could We’re dying. We can’t afford to put gas year, as we’ve talked about during this I inquire as to how much time is left? in our car and drive to work. We were hour, there are a lot of people at Chrys- The SPEAKER pro tempore. The gen- told as well that we were too busy. And ler losing their jobs. So at the begin- tleman has 14 minutes. I get that. This is the most deliberative ning of this Congress, January, 4,000 Mr. LATOURETTE. I want to finish body in the world. We have a lot of im- people at Chrysler are losing their jobs. Clue the travel edition and get to portant work to do. And if the major- And you’d think that we’d have a dis- something I talked about at the begin- ity truly feels we were too busy to deal cussion here. I would think. But we’re ning of the hour. But just to finish it, with the national energy policy, I too busy because on that day we need- again, the game of Clue, manufactured would have taken them at their word. ed to honor the life of Claiborne Pell, by Hasbro, we know that the weapon, But sadly, here is a chart, and then who was a former Senator. He deserves in this case, not the pen, but the ax, an we’ll go to the second chart. to be honored. But why are we taking ax has been used to get about 210,000 When the new majority became the floor time to do that when 4,000 people people, make them unemployed in this majority, we Republicans did such a are out of work just at Chrysler. country. And again, we have the same bang-up job that the voters threw us It goes up to 9,500. The most impor- rooms. It happened in one of these out and they installed the Democrats tant thing that we can do on that day rooms. And around the board, down as the majority party beginning on is to support the goals and ideals of na- there is Mr. Nardelli, the former chief January 29 of 2007. At the time the re- tional teen dating, an issue that we’re executive officer of Chrysler, Larry tail price of gas in the country was all concerned about certainly, but now Summers, senior adviser on the econ- $2.22. And on that day the most impor- we have 9,500 Chrysler workers out of omy to the President, President tant thing that they could come up work. Obama, of course. Over here is Ron with to debate on the floor was to com- It goes up to just shy of 10,000 and, Bloom, who I’ve talked about. Here is mend the University of California son of a gun, we have to, we’ve got Mr. Geithner, who is the Secretary of Santa Barbara soccer team. I like soc- time to come back, this year, and pass the Treasury, and here is former Presi- cer. I congratulate them. And gas isn’t the Monkey Safety Act again. And I dent Bush. So this group forms our new so bad—$2.22. want to be clear. I don’t want anyone Clue travel edition. And as we move It goes up to $2.84, and the most im- to read my words in the CONGRESSIONAL forward, I think, again, it is important portant thing that the majority can RECORD and think that I want monkeys that the American public know who schedule to be on the floor is to declare who aren’t safe. I want safe monkeys. made the call to force these car compa- October National Passport Month. A But when you’ve got 10,000 people out nies into bankruptcy; who made the lot of my constituents didn’t know of work at Chrysler, maybe we could do call to lie to 9,000 auto workers at 8 what National Passport Month, what something other than save monkeys. plants across the country, and who month it occurred in. Now they know. And son of a gun, and now you’re up made the call that, even though they Gas goes up to $3.03 a gallon. We’re to 13,000 people, and I guess the Senate don’t cost anybody any money, that we not debating the price of gas or a na- didn’t pass the cat and dog legislation, have to close all these dealerships and tional energy policy. We’re com- so we have to consider that again. put people out of work. mending the Houston Dynamo soccer Sixteen thousand people are out of And I keep hearing, and the gen- team. work; the most important thing they tleman has heard it too, that this task Now, those of us in public life are can schedule on the floor is honoring force doesn’t want to run the day-to- told that you don’t get elected unless Arnold Palmer. I like Arnold Palmer, day operations of Chrysler and GM. you get the soccer moms. So I guess, Latrobe, Pennsylvania, great golfer, But sadly, for them, there is an article you know, while gas is going up to deserves to be honored. But how about that appeared on May 11 out of Detroit $3.03, we’ve got the soccer moms; we’re dealing with the people that are losing that indicated that Chrysler wanted to all squared away. their jobs and their livelihoods at spend $134 million in advertising during Gas goes up to $3.77. The most impor- Chrysler, General Motors, and the peo- the period of its bankruptcy, and this tant thing the majority can put on the ple at the auto dealers? unelected task force told them they floor is declaring National Train Day. And then it sort of peaks with the an- couldn’t spend any money on adver- It’s getting serious—$3.84. A lot of nouncement, 18,365 people, just at tising. Now, they finally relented and people are calling me saying, Hey, Chrysler, out of work. And again, all said okay, you can spend half of it. But what are you doing? We passed Great we can do is National Train Day.

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0636 Sfmt 0634 E:\CR\FM\K12JN7.080 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6683 Now, I want to be fair to the major- or they don’t own any cars, and they That the following sums are appropriated, out ity because we do do other stuff here. have no experience in the car business. of any money in the Treasury not otherwise ap- And I don’t want anybody to believe They are making decisions that affect propriated, for the fiscal year ending September that all we do is monkeys and cats and hundreds of thousands of Americans. 30, 2009, and for other purposes, namely: TITLE I dogs. Just since the beginning of this Mr. MCCOTTER talked about the let- year, when Chrysler and General Mo- ter that we sent to the President. Thir- DEPARTMENT OF AGRICULTURE tors are going belly up and bankrupt, ty-six of us sent a letter to the Presi- FOREIGN AGRICULTURAL SERVICE we have also named, and I have to add dent, saying, Mr. President, please pull PUBLIC LAW 480 TITLE II GRANTS to this list because we did a couple this these people back. Let’s have a dia- For an additional amount for ‘‘Public Law week, we’ve named post offices. And so logue. Let’s bring the best and the 480 Title II Grants’’, $700,000,000, to remain available until expended. these 16 post offices, we took an hour brightest. GENERAL PROVISIONS—THIS TITLE of debate here in the House of Rep- You know, Mr. MCCOTTER talked about Chrysler. We made $35 million on SEC. 101. Notwithstanding any other provision resentatives, 16 hours, to make sure of law, amounts made available to provide as- that—and if anybody, Mr. Speaker, the Chrysler deal in 1979. The only sistance under the emergency conservation pro- who happens to see this list, they live problem was nobody expected it, and gram established under title IV of the Agricul- in these towns, they should feel as- Congress didn’t know how to spend the tural Credit Act of 1978 (16 U.S.C. 2201 and 2202) sured that they can now go in and buy money. Now, people need to rest easy. and unobligated as of the date of the enactment those 44 cent stamps because the We figured it out, but nobody knew of this Act shall be available to the Secretary of United States Congress has named how to spend that money. Let’s talk Agriculture, until expended, for expenses under their post office. about it, and let’s do this the right that program related to recovery efforts in re- And again, it’s an important part of sponse to natural disasters. way. Let’s not have this unelected SEC. 102. (a) For an additional amount for what we do here, honoring people who group of people who have no experience gross obligations for the principal amount of di- deserve to be honored. But 16 hours, run roughshod over the American rect and guaranteed farm ownership (7 U.S.C. when we could have been talking about worker. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) Chrysler, when we could have been I yield to the gentleman. loans, to be available from funds in the Agricul- talking about General Motors, when we Mr. MCCOTTER. May I inquire as to tural Credit Insurance Fund, as follows: direct could have been talking about the deal- how much time is available? farm ownership loans, $360,000,000; direct oper- ers, instead we were naming post of- The SPEAKER pro tempore (Mr. ating loans, $400,000,000; and unsubsidized guaranteed operating loans, $50,201,000. fices. And I don’t think that the coun- MASSA). There are 30 seconds remain- (b) For an additional amount for the cost of try is better off for that enterprise. ing. direct and guaranteed loans, including the cost But then again, to be fair, let’s say Mr. LATOURETTE. I give you 30 sec- of modifying loans as defined in section 502 of that you’re in the majority and that onds. the Congressional Budget Act of 1974, as fol- you didn’t see this coming and that Mr. MCCOTTER. Thank you for the lows: direct farm ownership loans, $22,860,000; perhaps, you know, you didn’t recog- 30 seconds. direct operating loans, $47,160,000; and unsub- nize it was going to be as serious as it I just want to point out that, while sidized guaranteed operating loans, $1,250,000. was. all of this has been lighthearted, this is TITLE II We came back last week and went very important. We have twice seen the DEPARTMENT OF COMMERCE back into session last week. Surely, President unaware of what his own ad- ECONOMIC DEVELOPMENT ADMINISTRATION over the Memorial Day recess, people ministration has done. We hear calls ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS got an earful from their constituents, for alacritous action. We hear people For an additional amount for ‘‘Economic De- saying, What are you going to do about saying that we must rush to do health velopment Assistance Programs’’, $40,000,000, to these car companies? What are you care, that we must rush to do climate remain available until September 30, 2010: Pro- going to do about the dealerships? Yet, vided, That the amount provided under this change legislation. Let us never forget heading shall be for Trade Adjustment Assist- when we came back last week, you that government haste makes taxpayer ance for Communities under subchapter A, know, maybe we weren’t quite ready. waste. Due deliberateness and prudence chapter 4, title II of the Trade Act of 1974 (19 Maybe we hadn’t formalized how to get are always the best course of action in U.S.C. 2371 et seq.) and Trade Adjustment As- at the problem. We passed bills direct- legislative affairs. We should do a lot sistance for Firms under chapter 3, title II of the ing fish stocking in the lakes of Wash- more of it here. Trade Act of 1974 (19 U.S.C. 2341 et seq.). ington; we recognized the 75th anniver- I yield back. DEPARTMENT OF JUSTICE sary of the Great Smoky Mountains; Mr. LATOURETTE. I thank the gen- DETENTION TRUSTEE and we shifted from soccer to basket- tleman. I thank the Chair. For an additional amount for ‘‘Detention ball, and we honored the University of I yield back. Trustee’’, $60,000,000, to remain available until September 30, 2010. Tennessee Women’s Basketball Team. f Then you say, okay, that was the LEGAL ACTIVITIES first week back. Everybody is a little CONFERENCE REPORT ON H.R. 2346, SALARIES AND EXPENSES, GENERAL LEGAL sleepy. We haven’t quite gotten up to SUPPLEMENTAL APPROPRIA- ACTIVITIES speed with our legislative agenda. This TIONS ACT, 2009 For an additional amount for ‘‘Salaries and week, rather than dealing with Chrys- Mr. OBEY submitted the following Expenses’’, $1,648,000, to remain available until September 30, 2010. ler, rather than asking some questions conference report and statement on the of the unelected task force appointed bill (H.R. 2346) making supplemental SALARIES AND EXPENSES, UNITED STATES ATTORNEYS by the President and that doesn’t own appropriations for the fiscal year end- For an additional amount for ‘‘Salaries and cars, we recognized that this was Na- ing September 30, 2009, and for other Expenses’’, $15,000,000, to remain available until tional Physical Education and Sport purposes: September 30, 2010. Week. CONFERENCE REPORT (H. REPT. 111–151) UNITED STATES MARSHALS SERVICE Also, I didn’t know this, but maybe The committee of conference on the dis- SALARIES AND EXPENSES my colleagues know this—and I apolo- agreeing votes of the two Houses on the For an additional amount for ‘‘Salaries and gize for being ignorant. June 10 is Na- amendment of the Senate to the bill (H.R. Expenses’’, $10,000,000, to remain available until tional Pipeline Safety Day, and we 2346) making supplemental appropriations September 30, 2010. spent an hour of time here on the floor for the fiscal year ending September 30, 2009, NATIONAL SECURITY DIVISION making sure that everybody under- and for other purposes, having met, after full SALARIES AND EXPENSES and free conference, have agreed to rec- stood that June 10 is National Pipeline For an additional amount for ‘‘Salaries and ommend and do recommend to their respec- Safety Day. Expenses’’, $1,389,000, to remain available until tive Houses as follows: Mr. Speaker, this is a big problem. I September 30, 2010. mean we have a double delegation here. That the House recede from its disagree- ment to the amendment of the Senate and FEDERAL BUREAU OF INVESTIGATION The Congress has punted to the Presi- agree to the same with an amendment as fol- SALARIES AND EXPENSES dent. The President has punted to this lows: For an additional amount for ‘‘Salaries and task force of people who don’t own In lieu of the matter stricken and inserted Expenses’’, $35,000,000, to remain available until American cars, the majority of them, by said amendment, insert: September 30, 2010.

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DRUG ENFORCEMENT ADMINISTRATION port of Operation Iraqi Freedom and Operation PAKISTAN COUNTERINSURGENCY FUND SALARIES AND EXPENSES Enduring Freedom; and (INCLUDING TRANSFER OF FUNDS) (2) not to exceed $1,000,000,000, to remain For an additional amount for ‘‘Salaries and There is hereby established in the Treasury of available until expended, for payments to reim- Expenses’’, $20,000,000, to remain available until the United States the ‘‘Pakistan Counterinsur- burse key cooperating nations, for logistical, September 30, 2010. gency Fund’’. For the ‘‘Pakistan Counterinsur- military, and other support including access gency Fund’’, $400,000,000, to remain available BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND provided to United States military operations in until September 30, 2010: Provided, That such EXPLOSIVES support of Operation Iraqi Freedom and Oper- funds shall be available to the Secretary of De- SALARIES AND EXPENSES ation Enduring Freedom, notwithstanding any fense, with the concurrence of the Secretary of other provision of law: Provided, That such re- For an additional amount for ‘‘Salaries and State, notwithstanding any other provision of imbursement payments may be made in such Expenses’’, $14,000,000, to remain available until law, for the purpose of allowing the Secretary of amounts as the Secretary of Defense, with the September 30, 2010. Defense, or the Secretary’s designee, to provide concurrence of the Secretary of State, and in FEDERAL PRISON SYSTEM assistance to Pakistan’s security forces; includ- consultation with the Director of the Office of ing program management and the provision of SALARIES AND EXPENSES Management and Budget, may determine, in his equipment, supplies, services, training, and For an additional amount for ‘‘Salaries and discretion, based on documentation determined funds; and facility and infrastructure repair, Expenses’’, $5,038,000, to remain available until by the Secretary of Defense to adequately ac- renovation, and construction to build the coun- September 30, 2010. count for the support provided, and such deter- terinsurgency capability of Pakistan’s military GENERAL PROVISION—THIS TITLE mination is final and conclusive upon the ac- and Frontier Corps, and of which up to counting officers of the United States, and 15 (INCLUDING RESCISSION) $2,000,000 shall be available to provide urgent days following notification to the appropriate SEC. 201. (a) Of the funds appropriated in humanitarian assistance to the people of Paki- congressional committees: Provided further, chapter 2 of title I of Public Law 110–252 under stan only as part of civil-military training exer- That these funds may be used for the purpose of the heading ‘‘Office of Inspector General’’, cises for Pakistani security forces receiving as- providing specialized training and procuring $3,000,000 is rescinded. sistance under the ‘‘Pakistan Counterinsur- supplies and specialized equipment and pro- (b) For an additional amount for ‘‘Office of gency Fund’’ and to assist the Government of viding such supplies and loaning such equip- Inspector General’’, $3,000,000, to remain avail- Pakistan in creating such a program beginning ment on a non-reimbursable basis to coalition able until September 30, 2010. in fiscal year 2010: Provided further, That the forces supporting United States military oper- authority to provide assistance under this provi- TITLE III ations in Iraq and Afghanistan: Provided fur- sion is in addition to any other authority to pro- DEPARTMENT OF DEFENSE ther, That the Secretary of Defense shall pro- vide assistance to foreign nations: Provided fur- vide quarterly reports to the congressional de- MILITARY PERSONNEL ther, That the Secretary of Defense may trans- fense committees on the use of funds provided in MILITARY PERSONNEL, ARMY fer such amounts as the Secretary may deter- this paragraph. For an additional amount for ‘‘Military Per- mine from the funds provided herein to any ap- OPERATION AND MAINTENANCE, ARMY RESERVE sonnel, Army’’, $11,750,687,000. propriations available to the Department of De- For an additional amount for ‘‘Operation and MILITARY PERSONNEL, NAVY fense or, with the concurrence of the Secretary Maintenance, Army Reserve’’, $110,017,000. of State and head of the relevant Federal de- For an additional amount for ‘‘Military Per- OPERATION AND MAINTENANCE, NAVY RESERVE partment or agency, to any other non-intel- sonnel, Navy’’, $1,627,288,000. For an additional amount for ‘‘Operation and ligence related Federal account to accomplish MILITARY PERSONNEL, MARINE CORPS Maintenance, Navy Reserve’’, $25,569,000. the purposes provided herein: Provided further, For an additional amount for ‘‘Military Per- OPERATION AND MAINTENANCE, MARINE CORPS That funds so transferred shall be merged with sonnel, Marine Corps’’, $1,524,947,000. RESERVE and be available for the same purposes and for the same time period as the appropriation or MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Operation and fund to which transferred: Provided further, For an additional amount for ‘‘Military Per- Maintenance, Marine Corps Reserve’’, That the authority of the Secretary of Defense sonnel, Air Force’’, $1,500,740,000. $30,775,000. to obligate or transfer funds pursuant to this RESERVE PERSONNEL, ARMY OPERATION AND MAINTENANCE, AIR FORCE paragraph shall apply only to funds appro- For an additional amount for ‘‘Reserve Per- RESERVE priated for such purposes in this Act (including sonnel, Army’’, $418,155,000. For an additional amount for ‘‘Operation and funds appropriated by another paragraph of RESERVE PERSONNEL, NAVY Maintenance, Air Force Reserve’’, $34,599,000. this Act that are transferred to the ‘‘Pakistan For an additional amount for ‘‘Reserve Per- OPERATION AND MAINTENANCE, ARMY NATIONAL Counterinsurgency Fund’’ by such other para- sonnel, Navy’’, $39,478,000. GUARD graph), and such authority shall not be contin- ued beyond the expiration date specified in the RESERVE PERSONNEL, MARINE CORPS For an additional amount for ‘‘Operation and matter preceding the first proviso, except with For an additional amount for ‘‘Reserve Per- Maintenance, Army National Guard’’, $178,446,000. respect to funds so transferred to the ‘‘Pakistan sonnel, Marine Corps’’, $29,179,000. Counterinsurgency Fund’’ by another para- AFGHANISTAN SECURITY FORCES FUND RESERVE PERSONNEL, AIR FORCE graph of this Act: Provided further, That the For the ‘‘Afghanistan Security Forces Fund’’, For an additional amount for ‘‘Reserve Per- Secretary of Defense shall, not fewer than 15 $3,606,939,000, to remain available until Sep- sonnel, Air Force’’, $14,943,000. days prior to making transfers from this appro- tember 30, 2010: Provided, That such funds shall priation account, notify the Committees on Ap- NATIONAL GUARD PERSONNEL, ARMY be available to the Secretary of Defense, not- propriations in writing of the details of any For an additional amount for ‘‘National withstanding any other provision of law, for the such transfer. Guard Personnel, Army’’, $1,775,733,000. purpose of allowing the Commander, Combined PROCUREMENT NATIONAL GUARD PERSONNEL, AIR FORCE Security Transition Command—Afghanistan, or AIRCRAFT PROCUREMENT, ARMY For an additional amount for ‘‘National the Secretary’s designee, to provide assistance, Guard Personnel, Air Force’’, $45,000,000. with the concurrence of the Secretary of State, For an additional amount for ‘‘Aircraft Pro- to the security forces of Afghanistan, including curement, Army’’, $1,192,744,000, to remain OPERATION AND MAINTENANCE the provision of equipment, supplies, services, available until September 30, 2011. PERATION AND AINTENANCE RMY O M , A training, facility and infrastructure repair, ren- MISSILE PROCUREMENT, ARMY ovation, and construction, and funding: Pro- For an additional amount for ‘‘Operation and For an additional amount for ‘‘Missile Pro- vided further, That the authority to provide as- Maintenance, Army’’, $13,769,418,000. curement, Army’’, $704,041,000, to remain avail- sistance under this heading is in addition to any OPERATION AND MAINTENANCE, NAVY able until September 30, 2011. other authority to provide assistance to foreign For an additional amount for ‘‘Operation and nations: Provided further, That contributions of PROCUREMENT OF WEAPONS AND TRACKED Maintenance, Navy’’, $2,274,903,000. funds for the purposes provided herein from any COMBAT VEHICLES, ARMY OPERATION AND MAINTENANCE, MARINE CORPS person, foreign government, or international or- For an additional amount for ‘‘Procurement For an additional amount for ‘‘Operation and ganization may be credited to this Fund and of Weapons and Tracked Combat Vehicles, Maintenance, Marine Corps’’, $1,034,366,000. used for such purposes: Provided further, That Army’’, $1,983,971,000, to remain available until OPERATION AND MAINTENANCE, AIR FORCE the Secretary shall notify the congressional de- September 30, 2011. fense committees in writing upon the receipt and For an additional amount for ‘‘Operation and PROCUREMENT OF AMMUNITION, ARMY upon the obligation of any contribution, delin- Maintenance, Air Force’’, $5,980,386,000. For an additional amount for ‘‘Procurement eating the sources and amounts of the funds re- of Ammunition, Army’’, $230,075,000, to remain OPERATION AND MAINTENANCE, DEFENSE-WIDE ceived and the specific use of such contribu- available until September 30, 2011. For an additional amount for ‘‘Operation and tions: Provided further, That the Secretary of Maintenance, Defense-Wide’’, $5,101,696,000, of Defense shall, not fewer than 15 days prior to OTHER PROCUREMENT, ARMY which: obligating from this appropriation account, no- For an additional amount for ‘‘Other Procure- (1) not to exceed $12,500,000 for the Combatant tify the congressional defense committees in ment, Army’’, $7,113,742,000, to remain available Commander Initiative Fund, to be used in sup- writing of the details of any such obligation. until September 30, 2011.

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AIRCRAFT PROCUREMENT, NAVY RESEARCH, DEVELOPMENT, TEST AND same terms and conditions as the authority pro- For an additional amount for ‘‘Aircraft Pro- EVALUATION vided in section 8005 of the Department of De- curement, Navy’’, $636,669,000, to remain avail- RESEARCH, DEVELOPMENT, TEST AND fense Appropriations Act, 2009 (division C of able until September 30, 2011. EVALUATION, ARMY Public Law 110–329) except for the fourth pro- viso. WEAPONS PROCUREMENT, NAVY For an additional amount for ‘‘Research, De- SEC. 303. Funds appropriated by this Act, or For an additional amount for ‘‘Weapons Pro- velopment, Test and Evaluation, Army’’, made available by the transfer of funds in this curement, Navy’’, $29,498,000, to remain avail- $52,935,000, to remain available until September Act, for intelligence activities are deemed to be able until September 30, 2011. 30, 2010. specifically authorized by the Congress for pur- RESEARCH, DEVELOPMENT, TEST AND poses of section 504(a)(1) of the National Secu- PROCUREMENT OF AMMUNITION, NAVY AND EVALUATION, NAVY rity Act of 1947 (50 U.S.C. 414(a)(1)). MARINE CORPS For an additional amount for ‘‘Research, De- (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Procurement velopment, Test and Evaluation, Navy’’, of Ammunition, Navy and Marine Corps’’, SEC. 304. During fiscal year 2009 and from $136,786,000, to remain available until September $348,919,000, to remain available until September funds in the ‘‘Defense Cooperation Account’’, as 30, 2010. 30, 2011. established by 10 U.S.C. 2608, the Secretary of RESEARCH, DEVELOPMENT, TEST AND Defense may transfer not to exceed $6,500,000 to OTHER PROCUREMENT, NAVY EVALUATION, AIR FORCE such appropriations or funds of the Department For an additional amount for ‘‘Other Procure- For an additional amount for ‘‘Research, De- of Defense as the Secretary shall determine for ment, Navy’’, $197,193,000, to remain available velopment, Test and Evaluation, Air Force’’, use consistent with the purposes for which such until September 30, 2011. $160,474,000, to remain available until September funds were contributed and accepted: Provided, PROCUREMENT, MARINE CORPS 30, 2010. That such amounts shall be available for the same time period as the appropriation to which For an additional amount for ‘‘Procurement, RESEARCH, DEVELOPMENT, TEST AND transferred: Provided further, That the Sec- Marine Corps’’, $1,526,447,000, to remain avail- EVALUATION, DEFENSE-WIDE retary shall report to the Congress all transfers able until September 30, 2011. For an additional amount for ‘‘Research, De- made pursuant to this authority. AIRCRAFT PROCUREMENT, AIR FORCE velopment, Test and Evaluation, Defense- SEC. 305. Supervision and administration costs For an additional amount for ‘‘Aircraft Pro- Wide’’, $483,304,000, to remain available until associated with a construction project funded curement, Air Force’’, $4,592,068,000, to remain September 30, 2010. with appropriations available for operation and available until September 30, 2011. REVOLVING AND MANAGEMENT FUNDS maintenance or ‘‘Afghanistan Security Forces Fund’’ provided in this title, and executed in di- DEFENSE WORKING CAPITAL FUNDS MISSILE PROCUREMENT, AIR FORCE rect support of the overseas contingency oper- For an additional amount for ‘‘Missile Pro- For an additional amount for ‘‘Defense Work- ations in Iraq and Afghanistan, may be obli- curement, Air Force’’, $49,716,000, to remain ing Capital Funds’’, $861,726,000, to remain gated at the time a construction contract is available until September 30, 2011. available until expended. awarded: Provided, That for the purpose of this PROCUREMENT OF AMMUNITION, AIR FORCE OTHER DEPARTMENT OF DEFENSE section, supervision and administration costs in- PROGRAMS clude all in-house Government costs. For an additional amount for ‘‘Procurement of Ammunition, Air Force’’, $158,684,000, to re- DEFENSE HEALTH PROGRAM (INCLUDING RESCISSIONS) main available until September 30, 2011. For an additional amount for ‘‘Defense SEC. 306. (a)(1) Of the funds appropriated in chapter 2 of title IX of Public Law 110–252 OTHER PROCUREMENT, AIR FORCE Health Program’’, $1,055,297,000, of which $845,508,000 is for operation and maintenance; of under the heading, ‘‘Iraq Security Forces For an additional amount for ‘‘Other Procure- which $50,185,000, to remain available until Sep- Fund’’, $1,000,000,000 is rescinded. ment, Air Force’’, $1,802,083,000, to remain tember 30, 2011, is for procurement; and of (2) For an additional amount for ‘‘Iraq Secu- available until September 30, 2011. which $159,604,000, to remain available until rity Forces Fund’’, $1,000,000,000, to remain PROCUREMENT, DEFENSE-WIDE September 30, 2010, is for research, development, available until September 30, 2010: Provided, That funds may not be obligated or transferred For an additional amount for ‘‘Procurement, test and evaluation: Provided, That up to from this fund until 15 days after the date on Defense-Wide’’, $237,868,000, to remain available $14,360,000,000 appropriated for operation and which the Secretary of Defense notifies the con- until September 30, 2011. maintenance under this heading or any prior Act may be available for contracts entered into gressional defense committees in writing of the NATIONAL GUARD AND RESERVE EQUIPMENT under the Tricare program. details of the proposed obligation or transfer. For an additional amount for ‘‘National (b) Notwithstanding any other provision of DRUG INTERDICTION AND COUNTER-DRUG Guard and Reserve Equipment’’, $500,000,000, to this Act, each amount in this section is des- ACTIVITIES, DEFENSE remain available until September 30, 2011: Pro- ignated as an emergency requirement and nec- vided, That such funds may be used only to pro- (INCLUDING TRANSFER OF FUNDS) essary to meet emergency needs pursuant to sec- cure high priority items of equipment that may For an additional amount for ‘‘Drug Interdic- tions 403(a) and 423(b) of S. Con. Res. 13 (111th be used by reserve component units for combat tion and Counter-Drug Activities, Defense’’, Congress), the concurrent resolution on the missions and units’ missions in support of the $120,398,000, to remain available until September budget for fiscal year 2010. State governors: Provided further, That the 30, 2010. SEC. 307. Funds made available in this title to the Department of Defense for operation and Chiefs of the National Guard and of the Reserve JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT maintenance may be used to purchase items components shall, not later than 60 days after FUND having an investment unit cost of not more than the enactment of this Act, individually submit to For an additional amount for ‘‘Joint Impro- the congressional defense committees a listing of $250,000: Provided, That upon determination by vised Explosive Device Defeat Fund’’, the Secretary of Defense that such action is nec- items of equipment to be procured for their re- $1,116,746,000, to remain available until Sep- spective National Guard or Reserve component. essary to meet the operational requirements of a tember 30, 2011. Commander of a Combatant Command engaged MINE RESISTANT AMBUSH PROTECTED VEHICLE OFFICE OF THE INSPECTOR GENERAL in contingency operations overseas, such funds FUND For an additional amount for ‘‘Office of the may be used to purchase items having an invest- (INCLUDING TRANSFER OF FUNDS) Inspector General’’, $9,551,000. ment item unit cost of not more than $500,000: Provided further, That the Secretary shall re- For the ‘‘Mine Resistant Ambush Protected GENERAL PROVISIONS—THIS TITLE Vehicle Fund’’, $4,543,000,000, to remain avail- port to the Congress all purchases made pursu- SEC. 301. Notwithstanding any other provision able until September 30, 2010: Provided, That ant to this authority within 30 days of using the of law, funds made available in this title are in such funds shall be available to the Secretary of authority. addition to amounts appropriated or otherwise Defense, notwithstanding any other provision of SEC. 308. From funds made available in this made available for the Department of Defense law, to procure, sustain, transport, and field title, the Secretary of Defense may purchase for fiscal year 2009. Mine Resistant Ambush Protected vehicles: Pro- motor vehicles for use by military and civilian vided further, That the Secretary shall transfer (INCLUDING TRANSFER OF FUNDS) employees of the Department of Defense in Iraq such funds only to appropriations for operation SEC. 302. Upon the determination of the Sec- and Afghanistan, up to a limit of $75,000 per ve- and maintenance; procurement; research, devel- retary of Defense that such action is necessary hicle, notwithstanding other limitations applica- opment, test and evaluation; and defense work- in the national interest, the Secretary may ble to passenger carrying motor vehicles. ing capital funds to accomplish the purpose pro- transfer between appropriations up to (RESCISSIONS) vided herein: Provided further, That this trans- $2,500,000,000 of the funds made available to the SEC. 309. Of the funds appropriated in De- fer authority is in addition to any other transfer Department of Defense in this title: Provided, partment of Defense Appropriations Acts, the authority available to the Department of De- That the Secretary shall notify the Congress following funds are hereby rescinded from the fense: Provided further, That the Secretary promptly of each transfer made pursuant to the following accounts and programs in the speci- shall, not fewer than 10 days prior to making authority in this section: Provided further, That fied amounts: Provided, That none of the transfers from this appropriation, notify the the authority provided in this section is in addi- amounts may be rescinded from amounts that congressional defense committees in writing of tion to any other transfer authority available to were designated by the Congress as an emer- the details of any such transfer. the Department of Defense and is subject to the gency requirement pursuant to a Concurrent

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.052 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6686 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Resolution on the Budget or the Balanced under this section shall be submitted to the Sec- development, test and evaluation new start pro- Budget and Emergency Deficit Control Act of retary of the Military Department concerned not gram without prior written notification to the 1985, as amended: later than 1 year after the date on which the im- congressional defense committees. ‘‘Procurement, Marine Corps, 2007/2009’’, plementing rules of subsection (d) take effect. SEC. 314. None of the funds appropriated or $54,400,000; Notwithstanding any other provision of law, the otherwise made available by this or any other ‘‘Other Procurement, Army, 2008/2010’’, Secretaries of the military departments may not Act shall be obligated or expended by the United $29,300,000; pay claims that are submitted more than 1 year States Government for a purpose as follows: ‘‘Procurement, Marine Corps, 2008/2010’’, after the date on which the implementing rules (1) To establish any military installation or $10,300,000; of subsection (d) take effect. base for the purpose of providing for the perma- ‘‘Aircraft Procurement, Air Force, 2008/2010’’, (c) PAYMENT AMOUNT.—The amount to be nent stationing of United States Armed Forces $44,000,000; paid under subsection (a) to or on behalf of an in Iraq. ‘‘Research, Development, Test and Evalua- eligible member, retired member, or former mem- (2) To exercise United States control over any tion, Navy, 2008/2009’’, $11,300,000; ber described in such subsection shall be $500 oil resource of Iraq. ‘‘Research, Development, Test and Evalua- per month for each month or portion of a month SEC. 315. None of the funds appropriated or tion, Air Force, 2008/2009’’, $36,107,000; during the period specified in such subsection otherwise made available by this or any other ‘‘Research, Development, Test and Evalua- that the member was retained on active duty as Act shall be obligated or expended by the United tion, Defense-Wide, 2008/2009’’, $169,124,000; a result of application of the stop-loss author- States Government for the purpose of estab- ‘‘Operation and Maintenance, Army, 2009/ ity. lishing any military installation or base for the 2009’’, $352,359,000; (d) RULEMAKING.—Not later than 120 days purpose of providing for the permanent sta- ‘‘Operation and Maintenance, Navy, 2009/ after the date of enactment of this Act, the Sec- tioning of United States Armed Forces in Af- 2009’’, $881,481,000; retary of Defense shall issue rules to expedite ghanistan. ‘‘Operation and Maintenance, Marine Corps, the payment of claims under subsection (b). SEC. 316. (a) REPORT ON IRAQ TROOP DRAW- 2009/2009’’, $54,466,000; (e) TREATMENT OF DECEASED MEMBERS.—If DOWN STATUS, GOALS, AND TIMETABLE.—In rec- ‘‘Operation and Maintenance, Air Force, 2009/ an eligible member, retired member, or former ognition and support of the policy of President 2009’’, $925,203,000; member described in subsection (a) dies before Barack Obama to withdraw all United States ‘‘Operation and Maintenance, Defense-Wide, the payment required by this section is made, combat brigades from Iraq by August 31, 2010, 2009/2009’’, $267,635,000; the Secretary concerned shall make the payment and all United States military forces from Iraq ‘‘Operation and Maintenance, Army Reserve, in accordance with section 2771 of title 10, on December 31, 2011, Congress directs the Sec- 2009/2009’’, $23,338,000; United States Code. retary of Defense (in consultation with other ‘‘Operation and Maintenance, Navy Reserve, (f) EXCLUSION OF CERTAIN FORMER MEM- members of the National Security Council) to 2009/2009’’, $62,910,000; BERS.—A former member of the Armed Forces is prepare a report that identifies troop drawdown ‘‘Operation and Maintenance, Marine Corps not eligible for a payment under this section if status and goals and includes— Reserve, 2009/2009’’, $1,250,000; the former member was discharged or released (1) a detailed, month-by-month description of ‘‘Operation and Maintenance, Air Force Re- from the Armed Forces under other than honor- the transition of United States military forces serve, 2009/2009’’, $163,786,000; able conditions. and equipment out of Iraq; and ‘‘Operation and Maintenance, Army National (g) RELATION TO OTHER STOP-LOSS SPECIAL (2) a detailed, month-by-month description of Guard, 2009/2009’’, $57,819,000; PAY.—A member, retired member, or former the transition of United States contractors out ‘‘Operation and Maintenance, Air National member may not receive a payment under this of Iraq. Guard, 2009/2009’’, $250,645,000; section and stop-loss special pay under section (b) ELEMENTS OF REPORT.—At a minimum, the ‘‘Aircraft Procurement, Army, 2009/2011’’, 8116 of the Department of Defense Appropria- Secretary of Defense shall address the following: $22,600,000; tions Act, 2009 (division C of Public Law 110– (1) How the Government of Iraq is assuming ‘‘Procurement of Ammunition, Army, 2009/ 329; 122 Stat. 3646) for the same month or por- the responsibility for reconciliation initiatives as 2011’’, $107,100,000; tion of a month during which the member was the mission of the United States Armed Forces ‘‘Other Procurement, Army, 2009/2011’’, retained on active duty as a result of applica- transitions. $245,000,000; tion of the stop-loss authority. (2) How the drawdown of military forces com- ‘‘Procurement, Marine Corps, 2009/2011’’, (h) REPORT ON EXECUTION.—The Secretary of plies with the President’s planned withdrawal $10,300,000; Defense shall provide a report to the congres- of combat brigades by August 31, 2010, and all ‘‘Other Procurement, Air Force, 2009/2011’’, sional defense committees on the implementation United States forces by December 31, 2011. $17,500,000; of the retroactive stop-loss benefit. The report (3) The roles and responsibilities of remaining ‘‘Procurement, Defense-Wide, 2009/2011’’, shall include the following: the number of contractors in Iraq as the United States mission $6,400,000; claims filed, the number of claims approved, the evolves, including the anticipated number of ‘‘Research, Development, Test and Evalua- number of claims denied, the number of claims United States contractors to remain in Iraq after tion, Army, 2009/2010’’, $187,710,000; still pending, the amount of funding that has August 31, 2010, and December 31, 2011. ‘‘Research, Development, Test and Evalua- been obligated, the amount of funding still (c) SUBMISSION.— tion, Navy, 2009/2010’’, $217,060,000; and available for this purpose, and the average pay- (1) Not later than 90 days after the date of en- ‘‘Research, Development, Test and Evalua- ment provided. This report is due 1 year after actment of this Act, and every 90 days there- tion, Air Force, 2009/2010’’, $287,567,000. the date on which the implementing rules of after through September 30, 2010, the Secretary subsection (d) take effect, and every 6 months of Defense shall submit the report required by (INCLUDING TRANSFER OF FUNDS) thereafter until all funding provided for this subsection (a) and a classified annex to the re- SEC. 310. (a) RETROACTIVE STOP-LOSS SPECIAL purpose has been obligated and all submitted port, as necessary. PAY COMPENSATION TO ELIGIBLE CLAIMANTS.— claims have been processed. (2) The Secretary may submit the report re- In addition to the amounts appropriated or oth- SEC. 311. (a) Section 132 of the National De- quired by subsection (a) separately as provided erwise made available elsewhere in this Act, fense Authorization Act for Fiscal Year 2004 in paragraph (1) or include the information re- $534,400,000 is appropriated to the Department (Public Law 108–136; 117 Stat. 1392) is repealed. quired by this report when submitting reports of Defense, to remain available for obligation (b) Notwithstanding any other provision of required of the Secretary under section 9204 of until expended: Provided, That such funds shall law, the Secretary of the Air Force may retire C– the Supplemental Appropriations Act, 2008 be available to the Secretaries of the military de- 5A aircraft from the inventory of the Air Force (Public Law 110–252; 122 Stat. 2410). partments only to make payment of claims speci- 15 days after certifying to the congressional de- (d) EXTENSION OF RELATED REPORTING RE- fied in subsection (b) to members of the Armed fense committees that retiring the aircraft will QUIREMENT.—Section 9204(a) of the Supple- Forces, including members of the reserve compo- not significantly increase operational risk of not mental Appropriations Act, 2008 is amended by nents, and former and retired members under meeting the National Defense Strategy, provided striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal the jurisdiction of the Secretary who, at any that such retirements may not reduce total stra- year 2010’’. time during the period beginning on September tegic airlift force structure inventory below the SEC. 317. (a) REPEAL OF SECRETARY OF DE- 11, 2001, and ending on September 30, 2009, 292 strategic airlift aircraft level identified in FENSE REPORTS ON TRANSITION READINESS OF served on active duty while the members’ enlist- the Mobility Capability Study 2005 (MCS–05) IRAQ AND AFGHAN SECURITY FORCES.—Sub- ment or period of obligated service was ex- unless otherwise addressed in the fiscal year section (a) of section 9205 of Public Law 110–252 tended, or whose eligibility for retirement was 2010 National Defense Authorization Act. (122 Stat. 2412) is repealed. suspended, pursuant to section 123 or 12305 of SEC. 312. None of the funds appropriated or (b) MODIFICATION OF REPORTS ON USE OF title 10, United States Code, or any other provi- otherwise made available by this title may be ob- CERTAIN SECURITY FORCES FUNDS.— sion of law (commonly referred to as a ‘‘stop- ligated or expended to provide award fees to any (1) PREPARATION IN CONSULTATION WITH COM- loss authority’’) authorizing the President to ex- defense contractor contrary to the provisions of MANDER OF CENTCOM.—Subsection (b)(1) of such tend an enlistment or period of obligated service, section 814 of the National Defense Authoriza- section is amended by inserting ‘‘the Com- or suspend an eligibility for retirement, of a tion Act, Fiscal Year 2007 (Public Law 109–364). mander of the United States Central Com- member of the uniformed services in time of war SEC. 313. None of the funds provided in this mand;’’ after ‘‘the Secretary of Defense;’’. or of national emergency declared by Congress title may be used to finance programs or activi- (2) PERIOD OF REPORTS.—Such subsection is or the President. ties denied by Congress in fiscal years 2008 or further amended by striking ‘‘not later than 120 (b) CLAIMS SUBMISSION REQUIRED.—Claims for 2009 appropriations to the Department of De- days after the date of the enactment of this Act retroactive Stop-Loss Special Pay compensation fense or to initiate a procurement or research, and every 90 days thereafter’’ and inserting

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.053 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6687 ‘‘not later than 45 days after the end of each (7) The Chairman and Ranking Member on heading for barrier island restoration and eco- fiscal year quarter’’. the Committee on Armed Services of the House system restoration to restore historic levels of (3) FUNDS COVERED BY REPORTS.—Such sub- of Representatives. storm damage reduction to the Mississippi Gulf section is further amended by striking ‘‘and ‘Af- (8) The Chairman and Vice Chairman of the Coast: Provided further, That this work shall be ghanistan Security Forces Fund’ ’’ and inserting Permanent Select Committee on Intelligence of carried out at full Federal expense: Provided ‘‘, ‘Afghanistan Security Forces Fund’, and the House of Representatives. further, That the Assistant Secretary of the ‘Pakistan Counterinsurgency Fund’ ’’. (9) The Chairman and Ranking Member of the Army for Civil Works shall provide a monthly (c) NOTICE NEW PROJECTS AND TRANSFERS OF Committee on Appropriations of the House of report to the Committees on Appropriations of FUNDS.—Subsection (c) of such section is Representatives. the House of Representatives and the Senate de- amended by striking ‘‘the headings’’ and all (c) MATTERS TO BE INCLUDED.—Each report tailing the allocation and obligation of these that follows and inserting ‘‘the headings as fol- submitted under subsection (a) shall include the funds, beginning not later than 60 days after lows: following: enactment of this Act. ‘‘(1) ‘Iraq Security Forces Fund’. (1) The name and country of origin of each DEPARTMENT OF ENERGY ‘‘(2) ‘Afghanistan Security Forces Fund’. detainee at the detention facility at Naval Sta- ‘‘(3) ‘Pakistan Counterinsurgency Fund’.’’. tion Guantanamo Bay, Cuba, as of the date of ENERGY PROGRAMS (d) EFFECTIVE DATE.—The amendments made such report. STRATEGIC PETROLEUM RESERVE by this section shall take effect on the date of (2) A current summary of the evidence, intel- (TRANSFER OF FUNDS) the enactment of this Act. ligence, and information used to justify the de- For an additional amount for ‘‘Strategic Pe- SEC. 318. (a) Section 1174(h)(1) of title 10, tention of each detainee listed under paragraph United States Code, is amended to read as fol- (1) at Naval Station Guantanamo Bay. troleum Reserve’’, $21,585,723, to remain avail- lows: (3) A current accounting of all the measures able until expended, to be derived by transfer ‘‘(1) A member who has received separation taken to transfer each detainee listed under from the ‘‘SPR Petroleum Account’’ for site pay under this section, or separation pay, sever- paragraph (1) to the individual’s country of citi- maintenance activities. ance pay, or readjustment pay under any other zenship or another country. ATOMIC ENERGY DEFENSE ACTIVITIES provision of law, based on service in the armed (4) A current description of the number of in- NATIONAL NUCLEAR SECURITY ADMINISTRATION forces, and who later qualifies for retired or re- dividuals released or transferred from detention WEAPONS ACTIVITIES tainer pay under this title or title 14 shall have at Naval Station Guantanamo Bay who are con- deducted from each payment of such retired or firmed or suspected of returning to terrorist ac- For an additional amount for ‘‘Weapons Ac- retainer pay an amount, in such schedule of tivities after release or transfer from Naval Sta- tivities’’, $30,000,000, to remain available until monthly installments as the Secretary of De- tion Guantanamo Bay. expended, to be divided among the three na- fense shall specify, taking into account the fi- (5) An assessment of any efforts by al Qaeda tional security laboratories of Livermore, Sandia nancial ability of the member to pay and avoid- to recruit detainees released from detention at and Los Alamos and other entities to fund a ing the imposition of undue financial hardship Naval Station Guantanamo Bay. sustainable capability to analyze nuclear and on the member and member’s dependents, until (d) ADDITIONAL MATTERS TO BE INCLUDED IN biological weapons intelligence: Provided, That the total amount deducted is equal to the total INITIAL REPORT.—The first report submitted the Secretary of Energy, in cooperation with the amount of separation pay, severance pay, and under subsection (a) shall also include the fol- Director of National Intelligence, shall provide a readjustment pay so paid.’’. lowing: written report to the Appropriations Committees (b) Section 1175(e)(3)(A) of title 10, United (1) A description of the process that was pre- of the House of Representatives and the Senate, States Code, is amended to read as follows: viously used for screening the detainees de- the Armed Services Committees of the House of ‘‘(3)(A) A member who has received the vol- scribed by subsection (c)(4) prior to their release Representatives and the Senate, the Permanent untary separation incentive and who later or transfer from detention at Naval Station Select Committee on Intelligence of the House of qualifies for retired or retainer pay under this Guantanamo Bay, Cuba. Representatives, and the Select Committee on title shall have deducted from each payment of (2) An assessment of the adequacy of that Intelligence of the Senate within 90 days of en- such retired or retainer pay an amount, in such screening process for reducing the risk that de- actment of this Act on how the Department of schedule of monthly installments as the Sec- tainees previously released or transferred from Energy will invest these resources to sustain retary of Defense shall specify, taking into ac- Naval Station Guantanamo Bay would return to technical and core analytical capabilities. count the financial ability of the member to pay terrorist activities after release or transfer from DEFENSE NUCLEAR NONPROLIFERATION and avoiding the imposition of undue financial Naval Station Guantanamo Bay. For an additional amount for ‘‘Defense Nu- (3) An assessment of lessons learned from pre- hardship on the member and member’s depend- clear Nonproliferation’’, $55,000,000, to remain vious releases and transfers of individuals who ents, until the total amount deducted is equal to available until expended. the total amount of voluntary separation incen- returned to terrorist activities for reducing the tive so paid. If the member elected to have a re- risk that detainees released or transferred from GENERAL PROVISIONS—THIS TITLE duction in voluntary separation incentive for Naval Station Guantanamo Bay will return to LIMITED TRANSFER AUTHORITY any period pursuant to paragraph (2), the de- terrorist activities after their release or transfer. SEC. 401. Section 403 of title IV of division A duction required under the preceding sentence TITLE IV of the American Recovery and Reinvestment Act shall be reduced as the Secretary of Defense DEPARTMENT OF DEFENSE—CIVIL of 2009 (Public Law 111–5) is amended by strik- shall specify.’’. ing all of the text and inserting the following: (c) EFFECTIVE DATE.—The amendments made DEPARTMENT OF THE ARMY ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. by this section shall apply to any repayments of CORPS OF ENGINEERS—CIVIL ‘‘The Secretary of Energy may transfer up to separation pay, severance pay, readjustment OPERATION AND MAINTENANCE 0.5 percent from each amount appropriated to pay, special separation benefit, or voluntary For an additional amount for ‘‘Operation and separation incentive, that occur on or after the the Department of Energy in this title to any Maintenance’’ to dredge navigation channels other appropriate account within the Depart- date of enactment, including any ongoing re- and repair damage to Corps projects nationwide payment actions that were initiated prior to this ment of Energy, to be used for management and related to natural disasters, $42,875,000, to re- oversight activities: Provided, That the Sec- amendment. main available until expended: Provided, That SEC. 319. (a) REPORTS REQUIRED.—Not later retary shall provide a report to the Committees the Assistant Secretary of the Army for Civil on Appropriations of the House of Representa- than 60 days after the date of the enactment of Works shall provide a monthly report to the this Act and every 90 days thereafter, the Presi- tives and the Senate 15 days prior to any trans- Committees on Appropriations of the House of fer: Provided further, That any funds so trans- dent shall submit to the members and committees Representatives and the Senate detailing the al- of Congress specified in subsection (b) a report ferred under this section shall remain available location and obligation of these funds, begin- for obligation until September 30, 2012.’’. on the prisoner population at the detention fa- ning not later than 60 days after enactment of cility at Naval Station Guantanamo Bay, Cuba. this Act. WAIVER OF FEDERAL EMPLOYMENT (b) SPECIFIED MEMBERS AND COMMITTEES OF REQUIREMENTS FLOOD CONTROL AND COASTAL EMERGENCIES CONGRESS.—The members and committees of SEC. 402. Section 4601(c)(1) of the Atomic En- For an additional amount for ‘‘Flood Control Congress specified in this subsection are the fol- ergy Defense Act (50 U.S.C. 2701(c)(1)) is amend- and Coastal Emergencies’’, as authorized by sec- lowing: ed by striking ‘‘September 30, 2008’’ and insert- tion 5 of the Act of August 18, 1941 (33 U.S.C. (1) The majority leader and minority leader of ing ‘‘September 30, 2009’’. the Senate. 701n), for necessary expenses relating to the CORPS OF ENGINEERS TECHNICAL FIX (2) The Chairman and Ranking Member on consequences of natural disasters as authorized the Committee on Armed Services of the Senate. by law, $754,290,000, to remain available until SEC. 403. (a) IN GENERAL.—Section 3181 of the (3) The Chairman and Vice Chairman of the expended: Provided, That the Secretary of the Water Resources Development Act of 2007 (Pub- Select Committee on Intelligence of the Senate. Army is directed to use $315,290,000 of the funds lic Law 110–114; 121 Stat. 1158) is amended— (4) The Chairman and Vice Chairman of the appropriated under this heading to support (1) in subsection (a)— Committee on Appropriations of the Senate. emergency operations, to repair eligible projects (A) by redesignating paragraphs (4) through (5) The Speaker of the House of Representa- nationwide, and for other activities in response (11) as paragraphs (5), (6), (8), (9), (10), (11), tives. to natural disasters: Provided further, That the (12), and (13), respectively; (6) The minority leader of the House of Rep- Secretary of the Army is directed to use (B) by inserting after paragraph (3) the fol- resentatives. $439,000,000 of the amount provided under this lowing:

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‘‘(4) NORTHEAST HARBOR, MAINE.—The project TITLE V ‘‘(B) any nondepository institution operating for navigation, Northeast Harbor, Maine, au- EXECUTIVE OFFICE OF THE PRESIDENT in such State, shall be equal to not more than thorized by section 2 of the Act of March 2, 1945 AND FUNDS APPROPRIATED TO THE the greater of the State’s maximum lawful an- (59 Stat. 12).’’; and PRESIDENT nual percentage rate or 17 percent— ‘‘(i) to facilitate the uniform implementation (C) by inserting after paragraph (6) (as redes- NATIONAL SECURITY COUNCIL ignated by subparagraph (A)) the following: of federally mandated or federally established SALARIES AND EXPENSES programs and financings related thereto, includ- ‘‘(7) TENANTS HARBOR, MAINE.—The project For an additional amount for ‘‘Salaries and for navigation, Tenants Harbor, Maine, author- ing— Expenses’’, $2,936,000, of which $800,000 shall re- ized by the first section of the Act of March 2, ‘‘(I) uniform accessibility of student loans, in- main available until expended and $2,136,000 1919 (40 Stat. 1275).’’; and cluding the issuance of qualified student loan shall remain available until September 30, 2010. bonds as set forth in section 144(b) of the Inter- (2) in subsection (h)— THE JUDICIARY nal Revenue Code of 1986; (A) by striking paragraphs (15) and (16); and COURTS OF APPEALS, DISTRICT COURTS, AND ‘‘(II) the uniform accessibility of mortgage (B) by redesignating paragraphs (17) through OTHER JUDICIAL SERVICES loans, including the issuance of qualified mort- (29) as paragraphs (15) through (27), respec- gage bonds and qualified veterans’ mortgage SALARIES AND EXPENSES tively. bonds as set forth in section 143 of such Code; (INCLUDING TRANSFER OF FUNDS) (b) EFFECTIVE DATE.—The amendments made ‘‘(III) the uniform accessibility of safe and af- by subsection (a) shall take effect as if included For an additional amount for ‘‘Salaries and fordable housing programs administered or sub- in the Water Resources Development Act of 2007 Expenses’’, $10,000,000, to remain available until ject to review by the Department of Housing and (Public Law 110–114; 121 Stat. 1041). September 30, 2010: Provided, That notwith- Urban Development, including— standing section 302 of division D of Public Law ‘‘(aa) the issuance of exempt facility bonds for CORPS OF ENGINEERS REPROGRAMMING 111–8, funding shall be available for transfer be- qualified residential rental property as set forth AUTHORITY tween Judiciary accounts to meet increased in section 142(d) of such Code; SEC. 404. Unlimited reprogramming authority workload requirements resulting from immigra- ‘‘(bb) the issuance of low income housing tax is granted to the Secretary of the Army for tion and other law enforcement initiatives. credits as set forth in section 42 of such Code, to funds provided in title IV—Energy and Water INDEPENDENT AGENCIES facilitate the uniform accessibility of provisions of the American Recovery and Reinvestment Act Development of Public Law 111–5 under the FINANCIAL CRISIS INQUIRY COMMISSION heading ‘‘Department of Defense—Civil, Depart- of 2009; and SALARIES AND EXPENSES ment of the Army, Corps of Engineers—Civil’’. ‘‘(cc) the issuance of bonds and obligations For the necessary expenses of the Financial issued under that Act, to facilitate economic de- BUREAU OF RECLAMATION REPROGRAMMING Crisis Inquiry Commission established pursuant velopment, higher education, and improvements AUTHORITY to section 5 of the Fraud Enforcement and Re- to infrastructure, and the issuance of bonds and SEC. 405. Unlimited reprogramming authority covery Act of 2009 (Public Law 111–21), obligations issued under any provision of law to is granted to the Secretary of the Interior for $8,000,000, to remain available until February further the same; and funds provided in title IV—Energy and Water 15, 2011. ‘‘(ii) to facilitate interstate commerce gen- Development of Public Law 111–5 under the SECURITIES AND EXCHANGE COMMISSION erally, including consumer loans, in the case of heading ‘‘Bureau of Reclamation, Water and SALARIES AND EXPENSES any person or governmental entity (other than a Related Resources’’. depository institution subject to subparagraph For an additional amount for necessary ex- (A) and paragraph (2)).’’. COST ANALYSIS OF TRITIUM PROGRAM CHANGES penses for the Securities and Exchange Commis- (b) EFFECTIVE PERIOD.—The amendments sion, $10,000,000, to remain available until Sep- SEC. 406. No funds in this Act, or other pre- made by subsection (a) shall apply with respect tember 30, 2010, for investigation of securities vious Acts, shall be provided to fund activities to contracts consummated during the period be- fraud. related to the mission relocation of either the de- ginning on the date of enactment of this Act sign authority for the gas transfer systems or GENERAL PROVISIONS—THIS TITLE and ending on December 31, 2010. tritium research and development facilities dur- SEC. 501. (a) IN GENERAL.—Section 3(c)(2)(A) TITLE VI ing the current fiscal year and until the Depart- of Public Law 110–428 is amended— DEPARTMENT OF HOMELAND SECURITY ment can provide the Senate Appropriations (1) in the matter before clause (i), by striking Committee an independent technical mission re- ‘‘4-year’’ and inserting ‘‘5-year’’; and U.S. CUSTOMS AND BORDER PROTECTION view and cost analysis by the JASON’s as pro- (2) in clause (i), by striking ‘‘1-year’’ and in- SALARIES AND EXPENSES posed in the Complex Transformation Site-Wide serting ‘‘2-year’’. For an additional amount for ‘‘Salaries and Programmatic Environmental Impact Statement. (b) EFFECTIVE DATE.—The amendments made Expenses’’, $46,200,000, to remain available until by subsection (a) shall take effect as if included CORPS OF ENGINEERS PROJECT COST CEILING September 30, 2010, of which $6,200,000 shall be in the enactment of Public Law 110–428. INCREASE for the care, treatment, and transportation of SEC. 502. The fourth proviso under the head- unaccompanied alien children; and of which SEC. 407. The project for ecosystem restora- ing ‘‘District of Columbia Funds’’ of title IV of $40,000,000 shall be for response to border secu- tion, Upper Newport Bay, California, author- division D of the Omnibus Appropriations Act, rity issues on the Southwest border of the ized by section 101(b)(9) of the Water Resources 2009 (Public Law 111–8; 123 Stat. 655) is amend- United States. Development Act of 2000 (114 Stat. 2577), is ed by striking ‘‘and such title’’ and inserting ‘‘, AIR AND MARINE INTERDICTION, OPERATIONS, modified to authorize the Secretary to construct as amended by laws enacted pursuant to section MAINTENANCE, AND PROCUREMENT the project at a total cost of $50,659,000, with an 442(c) of the District of Columbia Home Rule Act estimated Federal cost of $32,928,000 and a non- of 1973, approved December 24, 1973 (87 Stat. For an additional amount for ‘‘Air and Ma- Federal cost of $17,731,000. 798), and such title, as amended,’’. rine Interdiction, Operations, Maintenance, and SEC. 503. Title V of division D of the Omnibus Procurement’’, $5,000,000, to remain available TITLE 17 INNOVATIVE TECHNOLOGY LOAN Appropriations Act, 2009 (Public Law 111–8) is until September 30, 2010, for response to border GUARANTEE PROGRAM amended under the heading ‘‘Federal Commu- security issues on the Southwest border of the SEC. 408. The matter under the heading ‘‘Title nications Commission’’ by striking the first pro- United States. 17 Innovative Technology Loan Guarantee Pro- viso and inserting the following: ‘‘Provided, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT gram’’ of title III of division C of the Omnibus That of the funds provided, not less than SALARIES AND EXPENSES Appropriations Act, 2009 (Public Law 111–8; 123 $3,000,000 shall be available for developing a na- Stat. 619) is amended in the ninth proviso— tional broadband plan pursuant to title VI of di- For an additional amount for ‘‘Salaries and Expenses’’, $66,800,000, to remain available until (1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; vision B of the American Recovery and Rein- September 30, 2010, of which $11,800,000 shall be and vestment Act of 2009 (Public Law 111–5) and for for the care, treatment, and transportation of (2) by striking ‘‘the guarantee’’ and inserting carrying out any other responsibility pursuant to that title:’’. unaccompanied alien children; and of which ‘‘the guarantee; (e) contracts, leases or other $55,000,000 shall be for response to border secu- agreements entered into prior to May 1, 2009 for EXTENSION OF LIMITATIONS rity issues on the Southwest border of the front-end nuclear fuel cycle projects, where SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of United States. such project licenses technology from the De- the Federal Deposit Insurance Act (12 U.S.C. COAST GUARD partment of Energy, and pays royalties to the 1831u(f)(1)) is amended— federal government for such license and the (1) by redesignating subparagraphs (A) and OPERATING EXPENSES amount of such royalties will exceed the amount (B) as clauses (i) and (ii), respectively, and mov- For an additional amount for ‘‘Operating Ex- of federal spending, if any, under such con- ing the margins 2 ems to the right; penses’’, $139,503,000; of which $129,503,000 shall tracts, leases or agreements; or (f) grants or co- (2) by striking ‘‘evidence of debt by any in- be for Coast Guard operations in support of Op- operative agreements, to the extent that obliga- sured’’ and inserting the following: ‘‘evidence of eration Iraqi Freedom and Operation Enduring tions of such grants or cooperative agreements debt by— Freedom; and of which $10,000,000 shall be have been recorded in accordance with section ‘‘(A) any insured’’; and available until September 30, 2010, for High En- 1501(a)(5) of title 31, United States Code, on or (3) by striking the period at the end and in- durance Cutter maintenance, major repairs, and before May 1, 2009’’. serting the following: ‘‘; and improvements.

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FEDERAL EMERGENCY MANAGEMENT AGENCY share of assistance, including direct Federal as- TITLE VIII STATE AND LOCAL PROGRAMS sistance provided under section 406 of the Rob- DEPARTMENT OF HEALTH AND HUMAN ert T. Stafford Disaster Relief and Emergency For an additional amount for ‘‘State and SERVICES Assistance Act (42 U.S.C. 5172), for damages re- Local Programs’’, $30,000,000 shall be for Oper- ADMINISTRATION FOR CHILDREN AND FAMILIES sulting from Hurricane Ike (FEMA–1791–DR ation Stonegarden. REFUGEE AND ENTRANT ASSISTANCE and FEMA–1792–DR), shall be 90 percent of the GENERAL PROVISIONS—THIS TITLE eligible costs under such section and shall be 100 For an additional amount for ‘‘Refugee and SEC. 601. Notwithstanding sections 12112, percent of such costs under sections 403 and 407 Entrant Assistance’’ for necessary expenses for 55102, and 55103 of title 46, United States Code, of such Act (42 U.S.C. 5170b and 5173). unaccompanied alien children as authorized by section 462 of the Homeland Security Act of 2002 the Secretary of the department in which the (b) Notwithstanding any other provision of and section 235 of the William Wilberforce Traf- Coast Guard is operating shall issue a certificate law, including any agreement, the Federal share ficking Victims Protection Reauthorization Act of documentation with appropriate endorsement of assistance, including direct Federal assist- of 2008, $82,000,000, to remain available through for engaging in the coastwise trade in the State ance provided under section 406 of the Robert T. September 30, 2011. of Alabama for the drydock ALABAMA (United Stafford Disaster Relief and Emergency Assist- States official number 641504). ance Act (42 U.S.C. 5172), for FEMA–1841–DR OFFICE OF THE SECRETARY SEC. 602. Notwithstanding sections 55101, shall be 90 percent of the eligible costs under PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 55103, and 12112 of title 46, United States Code, such section and shall be 100 percent of such FUND the Secretary of the department in which the costs under sections 403 and 407 of such Act (42 (INCLUDING TRANSFER OF FUNDS) Coast Guard is operating may issue a certificate U.S.C. 5170b and 5173). For an additional amount for ‘‘Public Health of documentation with a coastwise endorsement (c) Notwithstanding any other provision of and Social Services Emergency Fund’’ to pre- for the vessel MARYLAND INDEPENDENCE law, including any agreement, the Federal share pare for and respond to an influenza pandemic, (official number 662573). The coastwise endorse- of assistance, including direct Federal assist- including the development and purchase of vac- ment issued under authority of this section is ance provided under section 406 of the Robert T. cine, antivirals, necessary medical supplies, terminated if— Stafford Disaster Relief and Emergency Assist- diagnostics, and other surveillance tools and to (1) the vessel, or controlling interest in the ance Act (42 U.S.C. 5172), for FEMA–1838–DR assist international efforts and respond to inter- person that owns the vessel, is conveyed after shall be 90 percent of the eligible costs under national needs relating to the 2009–H1N1 influ- the date of enactment of this Act; or such section and shall be 100 percent of such enza outbreak, $1,850,000,000, to remain avail- (2) any repairs or alterations are made to the costs under sections 403 and 407 of such Act (42 able until expended: Provided, That no less vessel outside of the United States. U.S.C. 5170b and 5173). than $350,000,000 shall be for upgrading State (INCLUDING RESCISSION OF FUNDS) (d) APPLICABILITY.—The Federal share pro- and local capacity: Provided further, That no SEC. 603. (a) RESCISSION.—Of amounts pre- vided by subsections (a), (b), and (c) shall apply less than $200,000,000 shall be transferred to the viously made available from ‘‘Federal Emer- to disaster assistance provided before, on, or Centers for Disease Control and Prevention to gency Management Agency, Disaster Relief’’ to after the date of enactment of this Act. carry out global and domestic disease surveil- the State of Mississippi pursuant to section 404 TITLE VII lance, laboratory capacity and research, labora- of the Robert T. Stafford Disaster Relief and tory diagnostics, risk communication, rapid re- Emergency Assistance Act (42 U.S.C. 5170c) for DEPARTMENT OF THE INTERIOR sponse, and quarantine: Provided further, That Hurricane Katrina, an additional $100,000,000 DEPARTMENT-WIDE PROGRAMS products purchased with these funds may, at are rescinded. the discretion of the Secretary of Health and WILDLAND FIRE MANAGEMENT (b) APPROPRIATION.—For ‘‘Federal Emergency Human Services (‘‘Secretary’’), be deposited in Management Agency, State and Local Pro- (INCLUDING TRANSFER OF FUNDS) the Strategic National Stockpile under section grams’’, there is appropriated an additional For an additional amount to cover necessary 319F–2 of the Public Health Service Act: Pro- $100,000,000, to remain available until expended, expenses for wildfire suppression and emergency vided further, That notwithstanding section for a grant to the State of Mississippi for an rehabilitation activities of the Department of the 496(b) of the Public Health Service Act, funds interoperable communications system required Interior, $50,000,000, to remain available until may be used for the construction or renovation in the aftermath of Hurricane Katrina. expended: Provided, That such funds shall only of privately owned facilities for the production SEC. 604. The Department of Homeland Secu- become available if funds provided previously of pandemic influenza vaccine and other bio- rity Appropriations Act, 2009 (Public Law 110– for wildland fire suppression will be exhausted logics, where the Secretary finds such a contract 329) is amended under the heading ‘‘Federal imminently and after the Secretary of the Inte- necessary to secure sufficient supplies of such Emergency Management Agency, Management rior notifies the Committees on Appropriations vaccines or biologics: Provided further, That and Administration’’ after ‘‘the Robert T. Staf- of the House of Representatives and the Senate funds appropriated in this paragraph and not ford Disaster Relief and Emergency Assistance in writing of the need for these additional specifically designated in this paragraph may be Act (42 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro funds: Provided further, That the Secretary of transferred to, and merged with, other appro- Grande Fire Assistance Act of 2000 (division C, the Interior may transfer any of these funds to priation accounts of the Department of Health title I, 114 Stat. 583),’’. the Secretary of Agriculture if the transfer en- and Human Services and other Federal agen- SEC. 605. Notwithstanding any provision hances the efficiency or effectiveness of Federal cies, as determined by the Secretary to be appro- under (a)(1)(A) of 15 U.S.C. 2229a specifying wildland fire suppression activities. priate, to be used for the purposes specified in that grants must be used to increase the number this paragraph and to the fund authorized by of firefighters in fire departments, the Secretary DEPARTMENT OF AGRICULTURE section 319F–4 of the Public Health Service Act: of Homeland Security may, in making grants de- FOREST SERVICE Provided further, That transfers to other Fed- scribed under 15 U.S.C. 2229a for fiscal year 2009 eral agencies shall be made in consultation with WILDLAND FIRE MANAGEMENT or fiscal year 2010, grant waivers from the re- the Director of the Office of Management and quirements of subsection (a)(1)(B), subsection (INCLUDING TRANSFER OF FUNDS) Budget: Provided further, That 15 days prior to (c)(1), subsection (c)(2), and subsection For an additional amount to cover necessary transferring any funds in this paragraph, the (c)(4)(A), and may award grants for the hiring, expenses for wildfire suppression and emergency Secretary shall notify the Committees on Appro- rehiring, or retention of firefighters. rehabilitation activities of the Forest Service, priations of the House of Representatives and SEC. 606. The Administrator of the Federal $200,000,000, to remain available until expended: the Senate of any such transfer and the planned Emergency Management Agency shall extend Provided, That such funds shall only become uses of the funds: Provided further, That the through March 2010 reimbursement of State-run available if funds provided previously for transfer authority provided in this paragraph is case management programs related to Hurri- wildland fire suppression will be exhausted im- in addition to any other transfer authority canes Katrina and Rita for individuals in such minently and after the Secretary of Agriculture available in this or any other Act. programs on April 30, 2009. notifies the Committees on Appropriations of the For an additional amount for ‘‘Public Health SEC. 607. Section 552 of division E of the Con- House of Representatives and the Senate in and Social Services Emergency Fund’’ to pre- solidated Appropriations Act, 2008 (Public Law writing of the need for these additional funds: pare for and respond to an influenza pandemic, 110–161) is amended by striking ‘‘local edu- Provided further, That the Secretary of Agri- including the development and purchase of vac- cational agencies’’ and inserting ‘‘primary or culture may transfer not more than $50,000,000 cine, antivirals, necessary medical supplies, secondary school sites’’ and by inserting ‘‘and of these funds to the Secretary of the Interior if diagnostics, and other surveillance tools and to section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. the transfer enhances the efficiency or effective- assist international efforts and respond to inter- SEC. 608. For purposes of qualification for ness of Federal wildland fire suppression activi- national needs, $5,800,000,000, to remain avail- loans made under the Disaster Assistance Direct ties. able until expended: Provided, That products Loan Program as allowed under Public Law purchased with these funds may, at the discre- 111–5 relating to disaster declaration FEMA– GENERAL PROVISION—THIS TITLE tion of the Secretary of Health and Human 1791–DR (issued September 13, 2008) the base pe- SEC. 701. Public Law 111–8, division E, title Services, be deposited in the Strategic National riod for tax determining loss of revenue may be III, Department of Health and Human Services, Stockpile under section 319F–2 of the Public fiscal year 2009 or fiscal year 2010. Agency for Toxic Substances and Disease Reg- Health Service Act: Provided further, That SEC. 609. (a) FEDERAL SHARE OF DISASTER AS- istry, Toxic Substances and Environmental Pub- funds provided in this paragraph shall be avail- SISTANCE.—Notwithstanding any other provision lic Health is amended by inserting ‘‘per eligible able for obligation only in the amounts des- of law, including any agreement, the Federal employee’’ after ‘‘$1,000’’. ignated by the President in one or more written

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.061 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6690 CONGRESSIONAL RECORD — HOUSE June 12, 2009 notices to the Congress as emergency funds re- cation State Grants, and shall be allocated, not- study, planning, design, and architect and engi- quired to address critical needs related to emerg- withstanding any other provision of law, only neer services. ing influenza viruses: Provided further, That to those States that received funds under that MILITARY CONSTRUCTION, AIR FORCE funds appropriated in this paragraph may be program for fiscal year 2009 that were at least For an additional amount for ‘‘Military Con- transferred to, and merged with, other appro- 9.9 percent less than those States received under struction, Air Force’’, $281,620,000, of which priation accounts of the Department of Health that program for fiscal year 2008. $258,150,000 shall remain available until Sep- and Human Services and other Federal agencies (d) The Secretary shall use these additional tember 30, 2010, and of which $23,470,000 for to be used for the purposes specified in this funds to increase those States’ allocations under child development centers and planning and de- paragraph and to the fund authorized by sec- that program up to the amount they received sign shall remain available until September 30, tion 319F–4 of the Public Health Service Act: under that program for fiscal year 2008. 2013: Provided, That notwithstanding any other Provided further, That transfers to other Fed- (e) The Secretary shall notify the Committees provision of law, such funds may be obligated eral agencies shall be made in consultation with on Appropriations of both Houses of Congress of and expended to carry out planning and design the Director of the Office of Management and any transfer pursuant to this section. and military construction projects not otherwise Budget: Provided further, That none of the TITLE IX authorized by law: Provided further, That of funds provided in this paragraph shall be made LEGISLATIVE BRANCH the funds provided under this heading, not to available for obligation until 15 days following exceed $12,070,000 shall be available for study, the submittal of a detailed obligation plan to the CAPITOL POLICE planning, design, and architect and engineer Committees on Appropriations of the House of GENERAL EXPENSES services: Provided further, That none of the Representatives and the Senate by the Depart- For an additional amount for ‘‘Capitol Police, funds provided under this heading for military ment of Health and Human Services or any General Expenses’’, $71,606,000, to purchase and construction projects in Afghanistan shall be other Federal agency receiving funds: Provided install a new radio system for the U.S. Capitol obligated or expended until the Secretary of De- further, That such plan shall be coordinated Police, to remain available until September 30, fense certifies to the Committees on Appropria- with the Executive Office of the President, shall 2012: Provided, That the Chief of the Capitol tions of both Houses of Congress that a prefi- identify the amounts and the activities for Police may not obligate any of the funds appro- nancing statement for each project has been which funds are specified by the President, and priated under this heading without approval of submitted to the North Atlantic Treaty Organi- shall be subject to reprogramming procedures: an obligation plan by the Committees on Appro- zation (NATO) for consideration of funding by Provided further, That the transfer authority priations of the Senate and the House of Rep- the NATO Security Investment Program. provided in this paragraph is in addition to any resentatives. MILITARY CONSTRUCTION, DEFENSE-WIDE other transfer authority available in this or any CONGRESSIONAL BUDGET OFFICE other Act. For an additional amount for ‘‘Military Con- SALARIES AND EXPENSES GENERAL PROVISIONS—THIS TITLE struction, Defense-Wide’’, $661,552,000, to re- For an additional amount for ‘‘Salaries and main available until September 30, 2013: Pro- (TRANSFER OF FUNDS) Expenses’’, $2,000,000, to remain available until vided, That notwithstanding any other provi- SEC. 801. Section 801(a) of division A of Public September 30, 2010. sion of law, such funds may be obligated and Law 111–5 is amended by inserting ‘‘, and may TITLE X expended to carry out planning and design and be transferred by the Department of Labor to military construction projects in the United any other account within the Department for DEPARTMENT OF DEFENSE States not otherwise authorized by law: Pro- such purposes’’ before the end period. MILITARY CONSTRUCTION, ARMY vided further, That of the amount provided SEC. 802. Title II of division F of the Omnibus (INCLUDING RESCISSION) under this heading, $169,500,000 shall be for the Appropriations Act, 2009 (Public Law 111–8) is For an additional amount for ‘‘Military Con- construction of a National Security Agency data amended under the heading ‘‘Children and struction, Army’’, $1,326,231,000, of which center and $488,000,000 shall be for the construc- Families Services Programs’’— $680,850,000 shall remain available until Sep- (1) by striking the first proviso in its entirety; tion of hospitals: Provided further, That tember 30, 2010, and of which $645,381,000 for and $1,589,500,000 is hereby authorized for the Na- (2) by striking ‘‘Provided further’’ the first child development centers, warrior in transition tional Security Agency data center for fiscal place it appears and inserting ‘‘Provided’’. facilities, hurricane damage repair, and plan- years 2009 through 2013 for the purposes of this SEC. 803. The Commissioner of the Rehabilita- ning and design shall remain available until appropriation: Provided further, That not later tion Services Administration, or the Director of September 30, 2013: Provided, That notwith- than 30 days after the enactment of this Act, the a designated State unit that has approval to standing any other provision of law, such funds Secretary of Defense shall submit to the Commit- make awards under section 723 of the Rehabili- may be obligated and expended to carry out tees on Appropriations of both Houses of Con- tation Act, may allocate funds appropriated planning and design and military construction gress an expenditure plan for the funds pro- under the American Reinvestment and Recovery projects not otherwise authorized by law: Pro- vided for hospital construction under this head- Act of 2009 (Public Law 111–5) (‘‘ARRA’’) for vided further, That of the funds provided under ing. the Centers for Independent Living Program this heading, not to exceed $68,081,000 shall be NORTH ATLANTIC TREATY ORGANIZATION among centers in a State without regard to the available for study, planning, design, and ar- SECURITY INVESTMENT PROGRAM chitect and engineer services: Provided further, priority in section 722(e)(3) or section 723(e)(3) of For an additional amount for ‘‘North Atlantic That none of the funds provided under this the Rehabilitation Act of 1973 for funding new Treaty Organization Security Investment Pro- heading for military construction projects in Af- centers if the allocation is consistent with the gram’’, $100,000,000, to remain available until ghanistan shall be obligated or expended until provisions of the State plan submitted under expended: Provided, That notwithstanding any the Secretary of Defense certifies to the Commit- section 704 of the Rehabilitation Act and ap- other provision of law, such funds are author- tees on Appropriations of both Houses of Con- proved by the Commissioner. Such funds and ized for the North Atlantic Treaty Security In- gress that a prefinancing statement for each other Independent Living funds available under vestment Program for purposes of section 2806 of project has been submitted to the North Atlantic ARRA that are being set aside by the Depart- title 10, United States Code, and section 2502 of Treaty Organization (NATO) for consideration ment of Education for competitive grants may be the Military Construction Authorization Act for of funding by the NATO Security Investment used to support multi-year grants of up to 5 Fiscal Year 2009 (division B of Public Law 110– Program: Provided further, That, notwith- years and may be expended by any recipients of 417). such multi-year grants during the project period standing any other provision of this Act, of the DEPARTMENT OF DEFENSE BASE CLOSURE of the grant, notwithstanding any provision in funds provided under this heading, $143,242,000 ACCOUNT 2005 the Rehabilitation Act limiting the period of are designated as an emergency requirement availability for obligation or expenditure by the and necessary to meet emergency needs pursu- For deposit into the Department of Defense grantee. ant to sections 403(a) and 423(b) of S. Con. Res. Base Closure Account 2005, established by sec- 13 (111th Congress), the concurrent resolution tion 2906A(a)(1) of the Defense Base Closure (INCLUDING TRANSFER OF FUNDS) on the budget for fiscal year 2010: Provided fur- and Realignment Act of 1990 (10 U.S.C. 2687 SEC. 804. (a) Notwithstanding any other provi- ther, That of the funds appropriated for ‘‘Mili- note), $263,300,000, to remain available until ex- sion of law, during the period from September 1 tary Construction, Army’’ under Public Law pended: Provided, That notwithstanding any through September 30, 2009, the Secretary of 110–252, $143,242,000 are hereby rescinded. other provision of law, such funds may be obli- Education shall transfer to the Career, Tech- gated and expended to carry out operation and nical, and Adult Education account an amount MILITARY CONSTRUCTION, NAVY AND MARINE CORPS maintenance, planning and design and military not to exceed $10,260,000 from amounts that construction projects not otherwise authorized For an additional amount for ‘‘Military Con- would otherwise lapse at the end of fiscal year by law. 2009 and that were originally made available struction, Navy and Marine Corps’’, under the Department of Education Appropria- $235,881,000, to remain available until September GENERAL PROVISIONS—THIS TITLE tions Act, 2009 or any Department of Education 30, 2013: Provided, That notwithstanding any SEC. 1001. None of the funds appropriated in Appropriations Act for a previous fiscal year. other provision of law, such funds may be obli- this or any other Act may be used to disestab- (b) Funds transferred under this section to the gated and expended to carry out planning and lish, reorganize, or relocate the Armed Forces Career, Technical, and Adult Education ac- design and military construction projects not Institute of Pathology, except for the Armed count shall be obligated by September 30, 2009. otherwise authorized by law: Provided further, Forces Medical Examiner and the National Mu- (c) Any amounts transferred pursuant to this That of the funds provided under this heading, seum of Health and Medicine, until the Presi- section shall be for carrying out Adult Edu- not to exceed $11,000,000 shall be available for dent has established, as required by section 722

VerDate Nov 24 2008 02:25 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.064 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6691 of the National Defense Authorization Act for able until September 30, 2010, of which $7,000,000 propriations that the human-to-human trans- Fiscal Year 2008 (Public Law 110–181; 122 Stat. shall be transferred to the Special Inspector mission of the H1N1 virus is efficient and sus- 199; 10 U.S.C. 176 note), a Joint Pathology Cen- General for Iraq Reconstruction for reconstruc- tained, severe, and is spreading internationally, ter, and the Joint Pathology Center is demon- tion oversight, and $7,200,000 shall be trans- funds made available under the headings ‘‘Glob- strably performing the minimum requirements ferred to the Special Inspector General for Af- al Health and Child Survival’’, ‘‘Development set forth in section 722 of the National Defense ghanistan Reconstruction for reconstruction Assistance’’, ‘‘Economic Support Fund’’, and Authorization Act for Fiscal Year 2008. oversight: Provided, That the Special Inspector ‘‘Millennium Challenge Corporation’’ in prior SEC. 1002. (a) ENTITLEMENT.—Section 3311 of General for Afghanistan Reconstruction may ex- Acts making appropriations for the Department title 38, United States Code, is amended— ercise the authorities of subsections (b) through of State, foreign operations, and related pro- (1) in subsection (b), by adding at the end the (i) of section 3161 of title 5, United States Code grams may be made available to combat the following new paragraph: (without regard to subsection (a) of such sec- H1N1 virus: Provided further, That funds made ‘‘(9) An individual who is the child of a per- tion) for funds made available for fiscal years available pursuant to the authority of the pre- son who, on or after September 11, 2001, dies in 2009 and 2010: Provided further, That the In- vious proviso shall be subject to prior consulta- line of duty while serving on active duty as a spector General of the United States Department tion with, and the regular notification proce- member of the Armed Forces.’’; and of State and the Broadcasting Board of Gov- dures of, the Committees on Appropriations. (2) by adding at the end the following new ernors, the Special Inspector General for Iraq INTERNATIONAL DISASTER ASSISTANCE subsection: Reconstruction, the Special Inspector General ‘‘(f) MARINE GUNNERY SERGEANT JOHN DAVID For an additional amount for ‘‘International for Afghanistan Reconstruction, and the Inspec- Disaster Assistance’’, $270,000,000, to remain FRY SCHOLARSHIP.— tor General of the United States Agency for ‘‘(1) IN GENERAL.—Educational assistance available until expended. payable by reason of paragraph (9) of sub- International Development shall coordinate and ECONOMIC SUPPORT FUND integrate the programming of funds made avail- section (b) shall be known as the ‘Marine Gun- (INCLUDING TRANSFER OF FUNDS) able under this heading in fiscal year 2009 for nery Sergeant John David Fry scholarship’. For an additional amount for ‘‘Economic Sup- oversight of programs in Afghanistan, Pakistan ‘‘(2) DEFINITION OF CHILD.—For purposes of port Fund’’, $2,973,601,000, to remain available and Iraq: Provided further, That the Secretary that paragraph, the term ‘child’ includes a mar- until September 30, 2010: Provided, That of the of State shall submit to the Committees on Ap- ried individual or an individual who is above funds made available under this heading for as- propriations, within 30 days of completion, the the age of twenty-three years.’’. sistance for the West Bank and Gaza, $2,000,000 annual comprehensive audit plan for the Middle (b) AMOUNT.—Section 3313(c)(1) of such title is shall be transferred to, and merged with, funds East and South Asia developed by the South- amended by striking ‘‘section 3311(b)(1) or available under the heading ‘‘United States west Asia Joint Planning Group in accordance 3311(b)(2)’’ and inserting ‘‘paragraph (1), (2), or Agency for International Development, Funds with section 842 of Public Law 110–181. (9) of section 3311(b)’’. Appropriated to the President, Office of Inspec- (c) TIME LIMITATION FOR USE.—Section EMBASSY SECURITY, CONSTRUCTION, AND tor General’’ to conduct oversight of programs 3321(b) of such title is amended by adding at the MAINTENANCE in the West Bank and Gaza: Provided further, end the following new paragraph: For an additional amount for ‘‘Embassy Secu- That of the amounts made available for assist- ‘‘(4) APPLICABILITY TO CHILDREN OF DECEASED rity, Construction, and Maintenance’’, ance for the West Bank and Gaza, not more MEMBERS.—The period during which an indi- $921,500,000, to remain available until expended, than $200,000,000 may be made available for vidual entitled to educational assistance by rea- for worldwide security upgrades, acquisition, cash transfer assistance to the Palestinian Au- son of section 3311(b)(9) may use such individ- and construction as authorized, and shall be thority: Provided further, That none of the ual’s entitlement expires at the end of the 15- made available for secure diplomatic facilities funds made available under this heading for year period beginning on the date of such indi- and housing for United States mission staff in cash transfer assistance to the Palestinian Au- vidual’s eighteenth birthday.’’. Afghanistan and Pakistan, and for mobile mail thority may be obligated for salaries of per- (d) EFFECTIVE DATE; APPLICABILITY.— screening units. sonnel of the Palestinian Authority located in (1) EFFECTIVE DATE.—The amendments made Gaza: Provided further, That of the funds ap- INTERNATIONAL ORGANIZATIONS by this section shall take effect on August 1, propriated under this heading, up to $10,000,000 2009. CONTRIBUTIONS FOR INTERNATIONAL may be made available for humanitarian assist- (2) APPLICABILITY.—The Secretary of Vet- PEACEKEEPING ACTIVITIES ance in Burma for individuals and communities erans Affairs shall begin making payments to For an additional amount for ‘‘Contributions impacted by Cyclone Nargis, notwithstanding individuals entitled to educational assistance by for International Peacekeeping Activities’’, any other provision of law: Provided further, reason of paragraph (9) of section 3311(b) of title $721,000,000, to remain available until September That of the funds appropriated under this head- 38, United States Code, as added by subsection 30, 2010. ing for assistance for Afghanistan and Paki- (a), by not later than August 1, 2010. In the case stan, assistance may be provided notwith- of an individual entitled to educational assist- UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT standing any provision of law that restricts as- ance by reason of such paragraph for the period sistance to foreign countries for cross border sta- beginning on August 1, 2009, and ending on July FUNDS APPROPRIATED TO THE PRESIDENT bilization and development programs between 31, 2010, the Secretary shall make retroactive OPERATING EXPENSES Afghanistan and Pakistan or between either payments to such individual for such period by For an additional amount for ‘‘Operating Ex- country and the Central Asian republics, and not later than August 1, 2010. penses’’, $157,600,000, to remain available until shall be administered by the Special Representa- TITLE XI September 30, 2010. tive for Afghanistan and Pakistan at the De- DEPARTMENT OF STATE partment of State: Provided further, That none CAPITAL INVESTMENT FUND ADMINISTRATION OF FOREIGN AFFAIRS of the funds appropriated in this title for democ- For an additional amount for ‘‘Capital Invest- DIPLOMATIC AND CONSULAR PROGRAMS racy and civil society programs may be made ment Fund’’, $48,500,000, to remain available available for the construction of facilities in the (INCLUDING TRANSFER OF FUNDS) until expended. United States. For an additional amount for ‘‘Diplomatic OFFICE OF INSPECTOR GENERAL ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL and Consular Programs’’, $997,890,000, to remain For an additional amount for ‘‘Office of In- ASIA available until September 30, 2010, of which spector General’’, $3,500,000, to remain available $146,358,000 is for Worldwide Security Protection For an additional amount for ‘‘Assistance for until September 30, 2010, for oversight of pro- Europe, Eurasia and Central Asia’’, and shall remain available until expended: Pro- grams in Afghanistan and Pakistan. $272,000,000, to remain available until September vided, That the Secretary of State may transfer 30, 2010, of which $242,000,000 shall be available up to $137,600,000 of the funds made available BILATERAL ECONOMIC ASSISTANCE for assistance for Georgia: Provided, That funds under this heading to any other appropriation FUNDS APPROPRIATED TO THE PRESIDENT appropriated under this heading may be made of any department or agency of the United GLOBAL HEALTH AND CHILD SURVIVAL available for assistance for other Eurasian States, upon the concurrence of the head of For an additional amount for ‘‘Global Health countries to meet unanticipated requirements such department or agency, to support oper- and Child Survival’’, $150,000,000, to remain only if the Secretary of State determines and re- ations in and assistance for Afghanistan and to available until September 30, 2010: Provided, ports to the Committees on Appropriations that carry out the provisions of the Foreign Assist- That $50,000,000 shall be made available for to do so is in the national security interests of ance Act of 1961: Provided further, That of the pandemic preparedness and response: Provided the United States: Provided further, That of the funds appropriated under this heading, up to further, That $100,000,000 shall be made avail- funds appropriated under this heading, $10,000,000 for public diplomacy activities may able, notwithstanding any other provision of $30,000,000 may be made available for assistance be transferred to, and merged with, funds made law, except for the United States Leadership for the Kyrgyz Republic to provide a long-range available under the heading ‘‘International Against HIV/AIDS, Tuberculosis and Malaria air traffic control and safety system to support Broadcasting Operations’’ for broadcasting ac- Act of 2003 (Public Law 108–25), for a United air operations in the Kyrgyz Republic, including tivities to the Pakistan-Afghanistan border re- States contribution to the Global Fund to Fight at Manas International Airport, notwith- gion. AIDS, Tuberculosis and Malaria: Provided fur- standing any other provision of law: Provided OFFICE OF INSPECTOR GENERAL ther, That notwithstanding any other provision further, That funds appropriated under this (INCLUDING TRANSFER OF FUNDS) of law, to include minimum funding require- heading shall be subject to prior consultation For an additional amount for ‘‘Office of In- ments or funding directives, if the President de- with, and the regular notification procedures of, spector General’’, $24,122,000, to remain avail- termines and reports to the Committees on Ap- the Committees on Appropriations.

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DEPARTMENT OF STATE FOREIGN MILITARY FINANCING PROGRAM mination by the Secretary of Defense or head of INTERNATIONAL NARCOTICS CONTROL AND LAW For an additional amount for ‘‘Foreign Mili- other Federal department or agency, with the ENFORCEMENT tary Financing Program’’, $1,294,000,000, to re- concurrence of the Secretary of State, that all or For an additional amount for ‘‘International main available until September 30, 2010: Pro- part of the funds so transferred from this appro- Narcotics Control and Law Enforcement’’, vided, That not less than $260,000,000 shall be priation are not necessary for the purposes here- $487,500,000, to remain available until September made available for assistance for the Mexican in, such amounts may be transferred by the 30, 2010: Provided, That not less than Navy and shall be available notwithstanding head of the relevant Federal department or $160,000,000 shall be made available for assist- section 7045(e) of the Department of State, For- agency back to this appropriation and shall be ance for Mexico to combat drug trafficking and eign Operations, and Related Programs Appro- available for the same purposes and for the related violence and organized crime, and for ju- priations Act, 2009 (division H of Public Law same time period as originally appropriated: dicial reform, institution building, anti-corrup- 111–8): Provided further, That funds made Provided further, That any required notification tion, and rule of law activities: Provided fur- available pursuant to the previous proviso shall or report may be submitted in classified or un- ther, That funds made available pursuant to the be available notwithstanding section 36(b) of the classified form. previous proviso shall be made available subject Arms Export Control Act: Provided further, GENERAL PROVISIONS—THIS TITLE That of the funds appropriated under this head- to prior consultation with, and the regular noti- EXTENSION OF AUTHORITIES fication procedures of, the Committees on Ap- ing, not less than $150,000,000 shall be made available for assistance for Jordan: Provided SEC. 1101. Funds appropriated in this title propriations, except that notifications shall be may be obligated and expended notwithstanding transmitted at least 5 days in advance of the ob- further, That of the funds appropriated under this heading, not less than $555,000,000, shall be section 10 of Public Law 91–672, section 15 of the ligation of any funds appropriated under this available for grants only for Israel and shall be State Department Basic Authorities Act of 1956, heading: Provided further, That none of the disbursed not later than October 30, 2009: Pro- section 313 of the Foreign Relations Authoriza- funds appropriated in this title may be made vided further, That to the extent that the Gov- tion Act, Fiscal Years 1994 and 1995 (Public Law available for the cost of fuel for aircraft pro- ernment of Israel requests that funds be used for 103–236), and section 504(a)(1) of the National vided to Mexico, or for operations and mainte- such purposes, grants made available for Israel Security Act of 1947 (50 U.S.C. 414(a)(1)). nance of aircraft purchased by the Government by this paragraph shall, as agreed by the United of Mexico: Provided further, That in order to AFGHANISTAN States and Israel, be available for advanced enhance border security and cooperation in law SEC. 1102. (a) IN GENERAL.—Funds appro- weapons systems, of which $145,965,000 shall be enforcement efforts between Mexico and the priated in this title under the heading ‘‘Eco- available for the procurement in Israel of de- United States, funds appropriated in this title nomic Support Fund’’ that are available for as- fense articles and defense services, including re- sistance for Afghanistan shall be made avail- that are available for assistance for Mexico may search and development: Provided further, That able, to the maximum extent practicable, in a be made available for the procurement of law of the funds appropriated under this heading, manner that utilizes Afghan entities and em- enforcement communications equipment only if not less than $260,000,000 shall be made avail- phasizes the participation of Afghan women such equipment utilizes open standards and is able for grants only for Egypt, including for and directly improves the security, economic compatible with, and capable of operating with, border security programs and activities in the and social well-being, and political status, of radio communications systems and related Sinai: Provided further, That funds appro- Afghan women and girls. equipment utilized by Federal law enforcement priated pursuant to the previous proviso esti- (b) ASSISTANCE FOR WOMEN AND GIRLS.— agencies in the United States to enhance border mated to be outlayed for Egypt shall be trans- (1) Funds appropriated in this title for assist- security and cooperation in law enforcement ef- ferred to an interest bearing account for Egypt ance for Afghanistan shall comply with sections forts between Mexico and the United States. in the Federal Reserve Bank of New York not 7062 and 7063 of Public Law 111–8, and shall be NONPROLIFERATION, ANTI-TERRORISM, DEMINING later than October 30, 2009: Provided further, made available to support programs that in- AND RELATED PROGRAMS That up to $69,000,000 may be made available for crease participation by women in the political For an additional amount for ‘‘Nonprolifera- assistance for Lebanon. process, including at the national, provincial, tion, Anti-Terrorism, Demining and Related PAKISTAN COUNTERINSURGENCY CAPABILITY FUND and sub-provincial levels, and in efforts to im- Programs’’, $102,000,000, to remain available (INCLUDING TRANSFER OF FUNDS) prove security in Afghanistan. until September 30, 2010, of which up to There is hereby established in the Treasury of (2) Of the funds appropriated for assistance $77,000,000 may be made available for the Non- the United States a special account to be known for Afghanistan in fiscal year 2009 under the proliferation and Disarmament Fund, notwith- as the ‘‘Pakistan Counterinsurgency Capability headings ‘‘Economic Support Fund’’ and standing any other provision of law, to promote Fund’’. For necessary expenses to carry out the ‘‘International Narcotics Control and Law En- bilateral and multilateral activities relating to provisions of chapter 8 of part I and chapters 2, forcement’’, not less than $150,000,000 shall be nonproliferation, disarmament and weapons de- 5, 6, and 8 of part II of the Foreign Assistance made available to support programs that di- struction, and shall remain available until ex- Act of 1961 and section 23 of the Arms Export rectly address the needs of Afghan women and pended: Provided, That funds made available Control Act for counterinsurgency activities in girls, including for the Afghan Independent for the Nonproliferation and Disarmament Fund Pakistan, $700,000,000, which shall become Human Rights Commission, the Afghan Min- shall be subject to prior consultation with, and available on September 30, 2009, and remain istry of Women’s Affairs, and for women-led the regular notification procedures of, the Com- available until September 30, 2011: Provided, nongovernmental organizations. mittees on Appropriations: Provided further, That such funds shall be available to the Sec- (c) PROCUREMENT OF AFGHAN PRODUCTS AND That the Secretary of State shall work assidu- retary of State, with the concurrence of the Sec- SERVICES.— ously to facilitate the regular flow of people and retary of Defense, notwithstanding any other (1) IN GENERAL.—Funds made available for as- licit goods in and out of Gaza at established bor- provision of law, for the purpose of providing sistance for Afghanistan in this title and in der crossings. assistance for Pakistan to build and maintain prior acts appropriating funds for Department MIGRATION AND REFUGEE ASSISTANCE the counterinsurgency capability of Pakistani of State, foreign operations, and related pro- For an additional amount for ‘‘Migration and security forces (including the Frontier Corps), to grams, may be used to conduct procurements Refugee Assistance’’, $390,000,000, to remain include program management and the provision and to award assistance instruments in which— available until expended. of equipment, supplies, services, training, and (A) competition is limited to products, services, INTERNATIONAL SECURITY ASSISTANCE facility and infrastructure repair, renovation, or sources that are from Afghanistan; FUNDS APPROPRIATED TO THE PRESIDENT and construction: Provided further, That such (B) procedures other than competitive proce- funds may be transferred by the Secretary of dures are used to award a contract or assistance PEACEKEEPING OPERATIONS State to the Department of Defense or other instrument to a particular source or sources For an additional amount for ‘‘Peacekeeping Federal departments or agencies to support from Afghanistan; or Operations’’, $185,000,000, to remain available counterinsurgency operations and may be (C) a preference is provided for products, serv- until September 30, 2010: Provided, That up to merged with and be available for the same pur- ices, or sources that are from Afghanistan. $168,000,000 may be made available for assist- poses and for the same time period as the appro- (2) PRODUCTS, SERVICES, AND SOURCES FROM ance for Somalia, of which up to $115,900,000 priation or fund to which transferred, or may be AFGHANISTAN.—For the purposes of this section: may be used to pay assessed expenses of inter- transferred pursuant to the authorities con- (A) A product is from Afghanistan if it is national peacekeeping activities in Somalia: tained in the Foreign Assistance Act of 1961: mined, produced, or manufactured in Afghani- Provided further, That of the funds appro- Provided further, That the Secretary of State stan. priated under this heading, $15,000,000 shall be shall, not fewer than 15 days prior to making (B) A service is from Afghanistan if it is per- made available for assistance for the Democratic transfers from this appropriation, notify the formed in Afghanistan by citizens or permanent Republic of the Congo and $2,000,000 shall be Committees on Appropriations, and the congres- resident aliens of Afghanistan. made available for the Multinational Force and sional defense and foreign affairs committees, in (C) A source is from Afghanistan if it— Observer mission in the Sinai. writing of the details of any such transfer: Pro- (i) is located in Afghanistan; and INTERNATIONAL MILITARY EDUCATION AND vided further, That the Secretary of State shall (ii) offers products or services that are from TRAINING submit not later than 30 days after the end of Afghanistan. For an additional amount for ‘‘International each fiscal quarter to the Committees on Appro- (3) REPORTING AND CONSULTING REQUIRE- Military Education and Training’’, $2,000,000, priations a report summarizing, on a project-by- MENT.—Not less than 180 days after enactment to remain available until September 30, 2010, for project basis, the transfer of funds from this ap- of this Act the Secretary of State shall submit a assistance for Iraq. propriation: Provided further, That upon deter- report to the Committees on Appropriations on

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

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Zimbabwe, and 7042(a) and (c) of such Act shall ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ ‘‘(d) WORLD BANK DEFINED.—In this section, not apply to funds made available in this title. REPORT OF THE WORLD BANK. the term ‘World Bank’ means the International ‘‘(a) The Secretary of the Treasury shall in- MULTILATERAL DEVELOPMENT BANK Bank for Reconstruction and Development and struct the United States Executive Directors at REPLENISHMENTS the International Development Association.’’. the International Bank for Reconstruction and CLIMATE CHANGE MITIGATION AND GREENHOUSE SEC. 1109. (a) INTERNATIONAL DEVELOPMENT Development, the International Development GAS ACCOUNTING ASSOCIATION.—The International Development Association, and the International Finance Cor- Association Act (22 U.S.C. 284 et seq.) is amend- poration of the following United States policy SEC. 1111. Title XIII of the International Fi- ed by adding at the end thereof the following: goals, and to use the voice and vote of the nancial Institutions Act (22 U.S.C. 262m et seq.) ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. United States to actively promote and work to is amended by adding at the end thereof the fol- lowing: ‘‘(a) The United States Governor of the Inter- achieve these goals: national Development Association is authorized ‘‘(1) Suspension of the use of the ‘Employing ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING. to contribute on behalf of the United States Workers’ Indicator for the purpose of ranking or ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.— $3,705,000,000 to the fifteenth replenishment of scoring country performance in the annual The Secretary of the Treasury shall seek to en- the resources of the Association, subject to ob- Doing Business Report of the World Bank until sure that multilateral development banks (as de- taining the necessary appropriations. a set of indicators can be devised that fairly rep- fined in section 1701(c)(4) of this Act) adopt and ‘‘(b) In order to pay for the United States con- resent the value of internationally recognized implement greenhouse gas accounting in ana- tribution provided for in subsection (a), there workers’ rights, including core labor standards, lyzing the benefits and costs of individual are authorized to be appropriated, without fis- in creating a stable and favorable environment projects (excluding those with de minimus cal year limitation, $3,705,000,000 for payment for attracting private investment. The indicators greenhouse gas emissions) for which funding is by the Secretary of the Treasury. shall bring to bear the experiences of the mem- ber governments in dealing with the economic, sought from the bank. ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. social and political complexity of labor market ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGA- ‘‘(a) The Secretary of the Treasury is author- issues. The indicators should be developed TION ACTIVITIES.—The Secretary of the Treas- ized to contribute, on behalf of the United through collaborative discussions with and be- ury shall work to ensure that the multilateral States, not more than $356,000,000 to the Inter- tween the World Bank, the International Fi- development banks (as defined in section national Development Association for the pur- nance Corporation, the International Labor Or- 1701(c)(4)) expand their activities supporting cli- pose of funding debt relief under the Multilat- ganization, private companies, and labor mate change mitigation by— eral Debt Relief Initiative in the period governed unions. ‘‘(1) significantly expanding support for in- by the fifteenth replenishment of resources of ‘‘(2) Elimination of the ‘Labor Tax and Social vestments in energy efficiency and renewable the International Development Association, sub- Contributions’ Subindicator from the annual energy, including zero carbon technologies; ject to obtaining the necessary appropriations Doing Business Report of the World Bank. ‘‘(2) reviewing all proposed infrastructure in- and without prejudice to any funding arrange- ‘‘(3) Removal of the ‘Employing Workers’ In- vestments to ensure that all opportunities for in- ments in existence on the date of the enactment dicator as a ‘guidepost’ for calculating the an- tegrating energy efficiency measures have been of this section. nual Country Policy and Institutional Assess- considered; ‘‘(b) In order to pay for the United States con- ment score for each recipient country. ‘‘(3) increasing the dialogue with the govern- tribution provided for in subsection (a), there ‘‘(b) Within 60 days after the date of the en- ments of developing countries regarding— are authorized to be appropriated, without fis- actment of this section, the Secretary of the ‘‘(A) analysis and policy measures needed for cal year limitation, not more than $356,000,000 Treasury shall provide an instruction to the low carbon emission economic development; and for payment by the Secretary of the Treasury. United States Executive Directors referred to in ‘‘(B) reforms needed to promote private sector ‘‘(c) In this section, the term ‘Multilateral subsection (a) to take appropriate actions with investments in energy efficiency and renewable Debt Relief Initiative’ means the proposal set respect to implementing the policy goals of the energy, including zero carbon technologies; and out in the G8 Finance Ministers’ Communique United States set forth in subsection (a), and ‘‘(4) integrate low carbon emission economic entitled ‘Conclusions on Development,’ done at such instruction shall be posted on the website development objectives into multilateral develop- London, June 11, 2005, and reaffirmed by G8 of the Department of the Treasury. ment bank country strategies. Heads of State at the Gleneagles Summit on July ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY ‘‘(c) REPORT TO CONGRESS.—Not later than 1 8, 2005.’’. AND EFFECTIVENESS OF THE IN- year after the date of the enactment of this sec- SPECTION PANEL PROCESS OF THE (b) AFRICAN DEVELOPMENT FUND.—The Afri- tion, and annually thereafter, the Secretary of WORLD BANK. the Treasury shall submit a report on the status can Development Fund Act (22 U.S.C. 290 et ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMEN- of efforts to implement this section to the Com- seq.) is amended by adding at the end thereof TATION OF MANAGEMENT ACTION PLANS.—The mittee on Foreign Relations and the Committee the following: Secretary of the Treasury shall direct the on Appropriations of the Senate and the Com- ‘‘SEC. 219. ELEVENTH REPLENISHMENT. United States Executive Directors at the World mittee on Financial Services and the Committee ‘‘(a) The United States Governor of the Afri- Bank to seek to ensure that World Bank Proce- on Appropriations of the House of Representa- can Development Fund is authorized to con- dure 17.55, which establishes the operating pro- tives.’’. tribute on behalf of the United States cedures of Management with regard to the In- $468,165,000 to the eleventh replenishment of the spection Panel, provides that Management pre- MULTILATERAL DEVELOPMENT BANK REFORM resources of the Fund, subject to obtaining the pare and make available to the public semi- SEC. 1112. (a) BUDGET DISCLOSURE.—The Sec- necessary appropriations. annual progress reports describing implementa- retary of the Treasury shall seek to ensure that ‘‘(b) In order to pay for the United States con- tion of Action Plans considered by the Board; the multilateral development banks make timely, tribution provided for in subsection (a), there allow and receive comments from Requesters public disclosure of their operating budgets in- are authorized to be appropriated, without fis- and other Affected Parties for two months after cluding expenses for staff, consultants, travel cal year limitation, $468,165,000 for payment by the date of disclosure of the progress reports; and facilities. the Secretary of the Treasury. post these comments on World Bank and Inspec- (b) EVALUATION.—The Secretary of the Treas- ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIA- tion Panel websites (after receiving permission ury shall seek to ensure that multilateral devel- TIVE. from the requestors to post with or without at- opment banks rigorously evaluate the develop- ‘‘(a) The Secretary of the Treasury is author- tribution); submit the reports to the Board with ment impact of selected bank projects, programs, ized to contribute, on behalf of the United any comments received; and make public the and financing operations, and emphasize use of States, not more than $26,000,000 to the African substance of any actions taken by the Board random assignment in conducting such evalua- Development Fund for the purpose of funding after Board consideration of the reports. tions, where appropriate and to the extent fea- debt relief under the Multilateral Debt Relief ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND sible. Initiative in the period governed by the eleventh EFFECTIVENESS OF THE INSPECTION PANEL.—The (c) EXTRACTIVE INDUSTRIES.—The Secretary of replenishment of resources of the African Devel- Secretary of the Treasury shall direct the the Treasury shall direct the United States Ex- opment Fund, subject to obtaining the necessary United States Executive Directors at the World ecutive Directors at the multilateral develop- appropriations and without prejudice to any Bank to continue to promote the independence ment banks to promote the endorsement of the funding arrangements in existence on the date and effectiveness of the Inspection Panel, in- Extractive Industry Transparency Initiative of the enactment of this section. cluding by seeking to ensure the availability of, (EITI) by these institutions and the integration ‘‘(b) In order to pay for the United States con- and access by claimants to, the Inspection Panel of the principles of the EITI into extractive in- tribution provided for in subsection (a), there for projects supported by World Bank resources. dustry-related projects that are funded by the ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The are authorized to be appropriated, without fis- multilateral development banks. Secretary of the Treasury shall direct the (d) REPORT.—Not later than September 30, cal year limitation, not more than $26,000,000 for United States Executive Directors at the World 2009, the Secretary of the Treasury shall submit payment by the Secretary of the Treasury.’’. Bank to request an evaluation by the Inde- a report to the Committee on Appropriations PROMOTION OF POLICY GOALS AT THE WORLD pendent Evaluation Group on the use of coun- and the Committee on Foreign Relations of the BANK GROUP try environmental and social safeguard systems Senate, and the Committee on Appropriations SEC. 1110. Title XVI of the International Fi- to determine the degree to which, in practice, and the Committee on Financial Services of the nancial Institutions Act (22 U.S.C. 262p et seq.) the use of such systems provides the same level House of Representatives detailing actions taken is amended by adding at the end thereof the fol- of protection at the project level as do the poli- by the multilateral development banks to lowing: cies and procedures of the World Bank. achieve the objectives of this section.

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(e) COORDINATION OF DEVELOPMENT POLICY.— (d) INCENTIVES FOR CRITICAL POSTS.—Not- sultation with Coalition partners as appro- The Secretary of the Treasury shall consult withstanding sections 5753(a)(2)(A) and priate, shall submit to the appropriate congres- with the Secretary of State, the Administrator of 5754(a)(2)(A) of title 5, United States Code, ap- sional committees a report, in classified form if the United States Agency for International De- propriations made available by this or any other necessary, setting forth the following: velopment, and other Federal agencies, as ap- Act may be used to pay recruitment, relocation, (1) a description and assessment of the propriate, in the formulation and implementa- and retention bonuses under chapter 57 of title progress of United States Government efforts, tion of United States policy relating to the de- 5, United States Code to members of the Foreign including those of the Department of Defense, velopment activities of the World Bank Group. Service, other than chiefs of mission and ambas- the Department of State, the United States OVERSEAS COMPARABILITY PAY ADJUSTMENT sadors at large, who are on official duty in Iraq, Agency for International Development, and the SEC. 1113. (a) Subject to such regulations pre- Afghanistan, or Pakistan. This authority shall Department of Justice, in achieving the objec- scribed by the Secretary of State, including with terminate on October 1, 2010. tives for Afghanistan and Pakistan in sub- respect to phase-in schedule and treatment as (e) Of the funds appropriated under the head- section (a); basic pay, and notwithstanding any other pro- ing ‘‘Foreign Military Financing Program’’ in (2) any modification of the metrics in sub- vision of law, funds appropriated for this fiscal Public Law 110–161 that are available for assist- section (a) in light of circumstances in Afghani- year in this or any other Act may be used to pay ance for Colombia, $500,000 may be transferred stan or Pakistan, together with a justification an eligible member of the Foreign Service as de- to, and merged with, funds appropriated under for such modification; and fined in subsection (b) of this section a locality- the heading ‘‘International Narcotics Control (3) recommendations for the additional re- based comparability payment (stated as a per- and Law Enforcement’’ to provide medical and sources or authorities, if any, required to centage) up to the amount of the locality-based rehabilitation assistance for members of Colom- achieve such objectives for Afghanistan and comparability payment (stated as a percentage) bian security forces who have suffered severe in- Pakistan. that would be payable to such member under juries. (c) CLASSIFICATION.—Any report submitted in section 5304 of title 5, United States Code if such AFGHANISTAN AND PAKISTAN COMMITMENT AND classified form shall include an unclassified member’s official duty station were in the Dis- CAPABILITIES REPORT annex or summary of the matters contained in trict of Columbia. SEC. 1116. (a) REPORTING REQUIREMENT.—Not the report. (b) A member of the Service shall be eligible later than the date of submission of the fiscal (d) DEFINITION.—For purposes of this section, for a payment under this section only if the year 2011 budget request, the President shall ‘‘appropriate congressional committees’’ member is designated class 1 or below for pur- submit a report to the appropriate congressional means— poses of section 403 of the Foreign Service Act of committees, in classified form if necessary, as- (1) the Committees on Armed Services, Appro- 1980 (22 U.S.C. 3963) and the member’s official sessing the extent to which the Afghan and priations, Foreign Relations, Homeland Security duty station is not in the continental United Pakistani governments are demonstrating the and Governmental Affairs, and the Judiciary, States or in a non-foreign area, as defined in necessary commitment, capability, conduct and and the Select Committee on Intelligence of the section 591.205 of title 5, Code of Federal Regu- unity of purpose to warrant the continuation of Senate; and lations. the President’s policy announced on March 27, (2) the Committees on Armed Services, Appro- (c) The amount of any locality-based com- 2009, to include: priations, Foreign Affairs, Homeland Security, parability payment that is paid to a member of (1) the level of political consensus and unity and the Judiciary, and the Permanent Select the Foreign Service under this section shall be of purpose across ethnic, tribal, religious and Committee on Intelligence of the House of Rep- subject to any limitations on pay applicable to political party affiliations to confront the polit- resentatives. locality-based comparability payments under ical and security challenges facing the region; TITLE XII section 5304 of title 5, United States Code. (2) the level of government corruption that DEPARTMENT OF TRANSPORTATION REFUGEE PROGRAMS AND OVERSIGHT undermines such political consensus and unity OFFICE OF THE SECRETARY (INCLUDING TRANSFER OF FUNDS) of purpose, and actions taken to eliminate it; (3) the actions taken by respective security PAYMENTS TO AIR CARRIERS SEC. 1114. (a) FUNDING.—Of the funds appro- priated in this title under the heading ‘‘Migra- forces and appropriate government entities in (AIRPORT AND AIRWAY TRUST FUND) tion and Refugee Assistance’’, up to $119,000,000 developing a counterinsurgency capability, con- In addition to funds made available under may be made available to the United Nations ducting counterinsurgency operations and es- Public Law 111–8 and funds authorized under Relief and Works Agency for activities in the tablishing security and governance on the subsection 41742(a)(1) of title 49, United States West Bank and Gaza. ground; Code, to carry out the essential air service pro- (b) OVERSIGHT.—Of the funds made available (4) the actions taken by respective intelligence gram, to be derived from the Airport and Airway in this title under the heading ‘‘Economic Sup- agencies in cooperating with the United States Trust Fund, $13,200,000, to remain available port Fund’’ for assistance for the West Bank on counterinsurgency and counterterrorism op- until expended. erations and in terminating policies and pro- and Gaza, $1,000,000 shall be transferred to, and FEDERAL AVIATION ADMINISTRATION merged with, funds available under the heading grams, and removing personnel, that provide GRANTS-IN-AID FOR AIRPORTS ‘‘Administration of Foreign Affairs, Office of In- material support to extremist networks that tar- spector General’’ for oversight of programs in get United States troops or undermine United (AIRPORT AND AIRWAY TRUST FUND) States objectives in the region; the West Bank, Gaza and surrounding region. (RESCISSION) (5) the ability of the Afghan and Pakistani TECHNICAL AND OTHER PROVISIONS governments to effectively control and govern Of the amounts authorized under sections SEC. 1115. (a) MODIFICATION.—Title III of di- the territory within their respective borders; and 48103 and 48112 of title 49, United States Code, vision H of Public Law 111–8 is amended under (6) the ways in which United States Govern- $13,200,000 are permanently rescinded from the heading ‘‘Economic Support Fund’’ in the ment assistance contributed, or failed to con- amounts authorized for the fiscal year ending second proviso by striking ‘‘up to $20,000,000’’ tribute, to achieving the actions outlined above. September 30, 2008. and inserting ‘‘not less than $20,000,000’’. (b) POLICY ASSESSMENT.—The President, on GENERAL PROVISIONS—THIS TITLE (b) NOTIFICATION REQUIREMENT.—Funds ap- the basis of information gathered and coordi- propriated by this Act that are transferred to SEC. 1201. Section 1937(d) of Public Law 109– nated by the National Security Council, shall 59 (119 Stat. 1144, 1510) is amended— the Department of State or the United States advise the appropriate congressional committees Agency for International Development from any (1) in paragraph (1) by striking ‘‘expendi- on how such assessment requires, or does not re- tures’’ each place that it appears and inserting other Federal department or agency shall be quire, changes to such policy. subject to the regular notification procedures of ‘‘allocations’’; and (c) DEFINITION.—For purposes of this section, (2) in paragraph (2) by striking ‘‘expenditure’’ the Committees on Appropriations, notwith- ‘‘appropriate congressional committees’’ means standing any other provision of law. and inserting ‘‘allocation’’. the Committees on Appropriations, Foreign Re- SEC. 1202. A recipient and subrecipient of (c) REEMPLOYMENT OF ANNUITANTS.— lations and Armed Services of the Senate, and (1) Section 824 of the Foreign Service Act of funds appropriated in Public Law 111–5 and ap- the Committees on Appropriations, Foreign Af- 1980 (22 U.S.C. 4064) is amended in subsection portioned pursuant to section 5311 and section fairs and Armed Services of the House of Rep- (g)(1) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ 5336 (other than subsection (i)(1) and (j)) of title resentatives. each place it appears; and, in subsection (g)(2) 49, United States Code, may use up to 10 percent by striking ‘‘2009’’ and inserting instead ‘‘2010’’. UNITED STATES POLICY REPORT ON AFGHANISTAN of the amount apportioned for the operating (2) Section 61 of the State Department Basic AND PAKISTAN costs of equipment and facilities for use in pub- Authorities Act of 1956 (22 U.S.C. 2733) is SEC. 1117. (a) STATEMENT OF OBJECTIVES.— lic transportation or for eligible activities under amended in subsection (a)(1) by adding ‘‘, Paki- Not later than 90 days after the date of the en- section 5311(f): Provided, That a grant obli- stan,’’ after ‘‘Iraq’’ each place it appears; and, actment of this Act, the President shall submit gating such funds on or after February 17, 2009, in subsection (a)(2) by striking ‘‘2008’’ and in- to the appropriate congressional committees a may be amended to allow a recipient and sub- serting instead ‘‘2010’’. clear statement of the objectives of United States recipient to use the funds made available for op- (3) Section 625 of the Foreign Assistance Act policy with respect to Afghanistan and Paki- erating assistance: Provided further, That appli- of 1961 (22 U.S.C. 2385) is amended in subsection stan, and the metrics to be utilized to assess cable chapter 53 requirements apply, except for (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ progress toward achieving such objectives. the Federal share which shall be, at the option each place it appears; and, in subsection (b) REPORTING REQUIREMENT.—Not later than of the recipient, up to 100 percent. (j)(1)(B) by striking ‘‘2008’’ and inserting in- March 30, 2010 and every 180 days thereafter SEC. 1203. Public Law 110–329, under the stead ‘‘2010’’. until September 30, 2011, the President, in con- heading ‘‘Project-Based Rental Assistance’’, is

VerDate Nov 24 2008 04:04 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.077 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6696 CONGRESSIONAL RECORD — HOUSE June 12, 2009 amended by striking ‘‘project-based vouchers’’ for eligible transactions by such dealers, in ac- State, or local incentive or a State-issued vouch- and all that follows up to the period and insert- cordance with the regulations issued under sub- er for the purchase or lease of a new fuel effi- ing ‘‘activities and assistance for the provision section (d); and cient automobile shall not limit the value or of tenant-based rental assistance, including re- (4) in consultation with the Secretary of the issuance of a voucher under the Program to any lated administrative expenses, as authorized Treasury and the Inspector General of the De- person otherwise eligible to receive such a under the United States Housing Act of 1937, as partment of Transportation, establish and pro- voucher. amended (42 U.S.C. 1437 et seq.), $80,000,000, to vide for the enforcement of measures to prevent (F) NO ADDITIONAL FEES.—A dealer partici- remain available until expended: Provided, and penalize fraud under the program. pating in the program may not charge a person That, such funds shall be made available within (b) QUALIFICATIONS FOR AND VALUE OF purchasing or leasing a new fuel efficient auto- 60 days of the enactment of this Act: Provided VOUCHERS.—A voucher issued under the Pro- mobile any additional fees associated with the further, That in carrying out the activities au- gram shall have a value that may be applied to use of a voucher under the Program. thorized under this heading, the Secretary shall offset the purchase price or lease price for a (G) NUMBER AND AMOUNT.—The total number waive section (o)(13)(B) of the United States qualifying lease of a new fuel efficient auto- and value of vouchers issued under the Program Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’ mobile as follows: may not exceed the amounts appropriated for SEC. 1204. Public Law 111–5 is amended by (1) $3,500 VALUE.—The voucher may be used to such purpose. striking the second proviso under the heading offset the purchase price or lease price of the (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- ‘‘HOME Investment Partnerships Program’’ and new fuel efficient automobile by $3,500 if— CLES.— inserting ‘‘Provided further, That the housing (A) the new fuel efficient automobile is a pas- (A) IN GENERAL.—For each eligible trade-in credit agencies in each State shall distribute senger automobile and the combined fuel econ- vehicle surrendered to a dealer under the Pro- these funds competitively under this heading omy value of such automobile is at least 4 miles gram, the dealer shall certify to the Secretary, and pursuant to their qualified allocation plan per gallon higher than the combined fuel econ- in such manner as the Secretary shall prescribe (as defined in section 42(m) of the Internal Rev- omy value of the eligible trade-in vehicle; by rule, that the dealer— (i) has not and will not sell, lease, exchange, enue Code of 1986) to owners of projects who (B) the new fuel efficient automobile is a cat- or otherwise dispose of the vehicle for use as an have received or receive simultaneously an egory 1 truck and the combined fuel economy automobile in the United States or in any other award of low-income housing tax credits under value of such truck is at least 2 miles per gallon higher than the combined fuel economy value of country; and sections 42(h) and 1400N of the Internal Rev- (ii) will transfer the vehicle (including the en- enue Code of 1986:’’. the eligible trade-in vehicle; (C) the new fuel efficient automobile is a cat- gine block), in such manner as the Secretary SEC. 1205. Notwithstanding Section 1606, prescribes, to an entity that will ensure that the amounts made available under Division A of egory 2 truck that has a combined fuel economy vehicle— Public Law 111–5 for the ‘‘Public Housing Cap- value of at least 15 miles per gallon and— (i) the eligible trade-in vehicle is a category 2 (I) will be crushed or shredded within such ital Fund’’ to carry out capital and manage- truck and the combined fuel economy value of period and in such manner as the Secretary pre- ment activities for public housing agencies as the new fuel efficient automobile is at least 1 scribes; and authorized under section 9 of the United States mile per gallon higher than the combined fuel (II) has not been, and will not be, sold, leased, Housing Act of 1937 (42 U.S.C. 1437g) shall be economy value of the eligible trade-in vehicle; or exchanged, or otherwise disposed of for use as subject to 42 U.S.C. 1437j; for the ‘‘Community (ii) the eligible trade-in vehicle is a category 3 an automobile in the United States or in any Development Fund’’ to carry out the community truck of model year 2001 or earlier; or other country. development block grant program under title I of (D) the new fuel efficient automobile is a cat- (B) SAVINGS PROVISION.—Nothing in subpara- the Housing and Community Development Act egory 3 truck and the eligible trade-in vehicle is graph (A) may be construed to preclude a per- of 1974 (42 U.S.C. 5301 et seq.) shall be subject to a category 3 truck of model year of 2001 or ear- son who is responsible for ensuring that the ve- 42 U.S.C. 5310 (or a waiver under 42 under 42 lier and is of similar size or larger than the new hicle is crushed or shredded from— U.S.C. 5307(e)(2)); for ‘‘Native American Hous- fuel efficient automobile as determined in a (i) selling any parts of the disposed vehicle ing Block Grants,’’ as authorized under title I of manner prescribed by the Secretary. other than the engine block and drive train (un- the Native American Housing Assistance and (2) $4,500 VALUE.—The voucher may be used to less with respect to the drive train, the trans- Self-Determination Act of 1996 (25 U.S.C. 4111 et offset the purchase price or lease price of the mission, drive shaft, or rear end are sold as sep- seq.) (‘‘NAHASDA’’) shall be subject to 25 new fuel efficient automobile by $4,500 if— arate parts); or U.S.C. 4114(b); and for a housing entity eligible (A) the new fuel efficient automobile is a pas- (ii) retaining the proceeds from such sale. to receive funding under title VIII of NAHASDA senger automobile and the combined fuel econ- (C) COORDINATION.—The Secretary shall co- (25 U.S.C. 4221 et seq.) shall be subject to 25 omy value of such automobile is at least 10 miles ordinate with the Attorney General to ensure U.S.C. 411(b); and for a housing entity eligible per gallon higher than the combined fuel econ- that the National Motor Vehicle Title Informa- to receive funding under title VIII of NAHASDA omy value of the eligible trade-in vehicle; tion System and other publicly accessible sys- (25 U.S.C. 4221 et seq.) shall be subject to 25 (B) the new fuel efficient automobile is a cat- tems are appropriately updated on a timely U.S.C. 4225(b). egory 1 truck and the combined fuel economy basis to reflect the crushing or shredding of ve- TITLE XIII—CONSUMER ASSISTANCE TO value of such truck is at least 5 miles per gallon hicles under this section and appropriate reclas- RECYCLE AND SAVE PROGRAM higher than the combined fuel economy value of sification of the vehicles’ titles. The commercial market shall also have electronic and commer- SEC. 1301. SHORT TITLE. the eligible trade-in vehicle; or (C) the new fuel efficient automobile is a cat- cial access to the vehicle identification numbers This title may be cited as the ‘‘Consumer As- egory 2 truck that has a combined fuel economy of vehicles that have been disposed of on a time- sistance to Recycle and Save Act of 2009’’. value of at least 15 miles per gallon and the ly basis. SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE combined fuel economy value of such truck is at (d) REGULATIONS.—Notwithstanding the re- AND SAVE PROGRAM. least 2 miles per gallon higher than the com- quirements of section 553 of title 5, United States (a) ESTABLISHMENT.—There is established in bined fuel economy value of the eligible trade-in Code, the Secretary shall promulgate final regu- the National Highway Traffic Safety Adminis- vehicle and the eligible trade-in vehicle is a cat- lations to implement the Program not later than tration a voluntary program to be known as the egory 2 truck. 30 days after the date of the enactment of this ‘‘Consumer Assistance to Recycle and Save Pro- (c) PROGRAM SPECIFICATIONS.— Act. Such regulations shall— gram’’ through which the Secretary, in accord- (1) LIMITATIONS.— (1) provide for a means of registering dealers ance with this section and the regulations pro- (A) GENERAL PERIOD OF ELIGIBILITY.—A for participation in the Program; mulgated under subsection (d), shall— voucher issued under the Program shall be used (2) establish procedures for the reimbursement (1) authorize the issuance of an electronic only in connection with the purchase or quali- of dealers participating in the Program to be voucher, subject to the specifications set forth in fying lease of new fuel efficient automobiles made through electronic transfer of funds for subsection (c), to offset the purchase price or that occur between July 1, 2009 and November 1, the amount of the vouchers as soon as prac- lease price for a qualifying lease of a new fuel 2009. ticable but no longer than 10 days after the sub- efficient automobile upon the surrender of an el- (B) NUMBER OF VOUCHERS PER PERSON AND mission of information supporting the eligible igible trade-in vehicle to a dealer participating PER TRADE-IN VEHICLE.—Not more than 1 vouch- transaction, as deemed appropriate by the Sec- in the Program; er may be issued for a single person and not retary; (2) register dealers for participation in the more than 1 voucher may be issued for the joint (3) require the dealer to use the voucher in ad- Program and require that all registered deal- registered owners of a single eligible trade-in ve- dition to any other rebate or discount advertised ers— hicle. by the dealer or offered by the manufacturer for (A) accept vouchers as provided in this section (C) NO COMBINATION OF VOUCHERS.—Only 1 the new fuel efficient automobile and prohibit as partial payment or down payment for the voucher issued under the Program may be ap- the dealer from using the voucher to offset any purchase or qualifying lease of any new fuel ef- plied toward the purchase or qualifying lease of such other rebate or discount; ficient automobile offered for sale or lease by a single new fuel efficient automobile. (4) require dealers to disclose to the person that dealer; and (D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.— trading in an eligible trade-in vehicle the best (B) in accordance with subsection (c)(2), to Not more than 7.5 percent of the total funds estimate of the scrappage value of such vehicle transfer each eligible trade-in vehicle surren- made available for the Program shall be used for and to permit the dealer to retain $50 of any dered to the dealer under the Program to an en- vouchers for the purchase or qualifying lease of amounts paid to the dealer for scrappage of the tity for disposal; category 3 trucks. automobile as payment for any administrative (3) in consultation with the Secretary of the (E) COMBINATION WITH OTHER INCENTIVES PER- costs to the dealer associated with participation Treasury, make electronic payments to dealers MITTED.—The availability or use of a Federal, in the Program;

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.080 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6697 (5) consistent with subsection (c)(2), establish (i) the total number and amount of vouchers (7) the term ‘‘eligible trade-in vehicle’’ means requirements and procedures for the disposal of issued for purchase or lease of new fuel efficient an automobile or a work truck (as such terms eligible trade-in vehicles and provide such infor- automobiles by manufacturer (including aggre- are defined in section 32901(a) of title 49, United mation as may be necessary to entities engaged gate information concerning the make, model, States Code) that, at the time it is presented for in such disposal to ensure that such vehicles are model year) and category of automobile; trade-in under this section— disposed of in accordance with such require- (ii) aggregate information regarding the make, (A) is in drivable condition; ments and procedures, including— model, model year, and manufacturing location (B) has been continuously insured consistent (A) requirements for the removal and appro- of vehicles traded in under the Program; and with the applicable State law and registered to priate disposition of refrigerants, antifreeze, (iii) the location of sale or lease; the same owner for a period of not less than 1 lead products, mercury switches, and such other (B) an estimate of the overall increase in fuel year immediately prior to such trade-in; toxic or hazardous vehicle components prior to efficiency in terms of miles per gallon, total an- (C) was manufactured less than 25 years be- the crushing or shredding of an eligible trade-in nual oil savings, and total annual greenhouse fore the date of the trade-in; and vehicle, in accordance with rules established by gas reductions, as a result of the Program; and (D) in the case of an automobile, has a com- the Secretary in consultation with the Adminis- (C) an estimate of the overall economic and bined fuel economy value of 18 miles per gallon trator of the Environmental Protection Agency, employment effects of the Program. or less; and in accordance with other applicable Federal (h) EXCLUSION OF VOUCHERS FROM INCOME.— (8) the term ‘‘new fuel efficient automobile’’ or State requirements; (1) FOR PURPOSES OF ALL FEDERAL AND STATE means an automobile described in paragraph (B) a mechanism for dealers to certify to the PROGRAMS.—A voucher issued under this pro- (1), (2), (3), or (4)— Secretary that each eligible trade-in vehicle will gram or any payment made for such a voucher (A) the equitable or legal title of which has be transferred to an entity that will ensure that pursuant to subsection (a)(3) shall not be re- not been transferred to any person other than the vehicle is disposed of, in accordance with garded as income and shall not be regarded as the ultimate purchaser; such requirements and procedures, and to sub- a resource for the month of receipt of the vouch- (B) that carries a manufacturer’s suggested mit the vehicle identification numbers of the ve- er and the following 12 months, for purposes of retail price of $45,000 or less; hicles disposed of and the new fuel efficient determining the eligibility of the recipient of the (C) that— automobile purchased with each voucher; voucher (or the recipient’s spouse or other fam- (i) in the case of passenger automobiles, cat- (C) a mechanism for obtaining such other cer- ily or household members) for benefits or assist- egory 1 trucks, or category 2 trucks, is certified tifications as deemed necessary by the Secretary ance, or the amount or extent of benefits or as- to applicable standards under section 86.1811–04 from entities engaged in vehicle disposal; and sistance, under any Federal or State program. of title 40, Code of Federal Regulations; or (D) a list of entities to which dealers may (2) FOR PURPOSES OF TAXATION.—A voucher (ii) in the case of category 3 trucks, is certified transfer eligible trade-in vehicles for disposal; issued under the program or any payment made to the applicable vehicle or engine standards and for such a voucher pursuant to subsection (a)(3) under section 86.1816–08, 86–007–11, or 86.008–10 (6) provide for the enforcement of the pen- shall not be considered as gross income of the of title 40, Code of Federal Regulations; and alties described in subsection (e). purchaser of a vehicle for purposes of the Inter- (D) that has the combined fuel economy value (e) ANTI-FRAUD PROVISIONS.— nal Revenue Code of 1986. of at least— (1) VIOLATION.—It shall be unlawful for any (i) DEFINITIONS.—As used in this section— (i) 22 miles per gallon for a passenger auto- person to violate any provision under this sec- (1) the term ‘‘passenger automobile’’ means a mobile; tion or any regulations issued pursuant to sub- passenger automobile, as defined in section (ii) 18 miles per gallon for a category 1 truck; section (d) (other than by making a clerical 32901(a)(18) of title 49, United States Code, that or error). has a combined fuel economy value of at least 22 (iii) 15 miles per gallon for a category 2 truck; (2) PENALTIES.—Any person who commits a miles per gallon; (9) the term ‘‘Program’’ means the Consumer violation described in paragraph (1) shall be lia- (2) the term ‘‘category 1 truck’’ means a non- Assistance to Recycle and Save Program estab- ble to the United States Government for a civil passenger automobile, as defined in section lished by this section; penalty of not more than $15,000 for each viola- 32901(a)(17) of title 49, United States Code, that (10) the term ‘‘qualifying lease’’ means a lease tion. The Secretary shall have the authority to has a combined fuel economy value of at least 18 of an automobile for a period of not less than 5 assess and compromise such penalties, and shall miles per gallon, except that such term does not years; have the authority to require from any entity include a category 2 truck; (11) the term ‘‘scrappage value’’ means the the records and inspections necessary to enforce (3) the term ‘‘category 2 truck’’ means a large amount received by the dealer for a vehicle upon this program. In determining the amount of the van or a large pickup, as categorized by the Sec- transferring title of such vehicle to the person civil penalty, the severity of the violation and retary using the method used by the Environ- responsible for ensuring the dismantling and de- the intent and history of the person committing mental Protection Agency and described in the stroying of the vehicle; (12) the term ‘‘Secretary’’ means the Secretary the violation shall be taken into account. report entitled ‘‘Light-Duty Automotive Tech- of Transportation acting through the National (f) INFORMATION TO CONSUMERS AND DEAL- nology and Fuel Economy Trends: 1975 through Highway Traffic Safety Administration; ERS.—Not later than 30 days after the date of 2008’’; (13) the term ‘‘ultimate purchaser’’ means, the enactment of this Act, and promptly upon (4) the term ‘‘category 3 truck’’ means a work with respect to any new automobile, the first the update of any relevant information, the Sec- truck, as defined in section 32901(a)(19) of title person who in good faith purchases such auto- retary, in consultation with the Administrator 49, United States Code; mobile for purposes other than resale; of the Environmental Protection Agency, shall (5) the term ‘‘combined fuel economy value’’ (14) the term ‘‘vehicle identification number’’ make available on an Internet website and means— means the 17 character number used by the through other means determined by the Sec- (A) with respect to a new fuel efficient auto- automobile industry to identify individual auto- retary information about the Program, includ- mobile, the number, expressed in miles per gal- mobiles; and ing— lon, centered below the words ‘‘Combined Fuel (15) the term ‘‘voucher’’ means an electronic (1) how to determine if a vehicle is an eligible Economy’’ on the label required to be affixed or transfer of funds to a dealer based on an eligible trade-in vehicle; caused to be affixed on a new automobile pursu- transaction under this program. (2) how to participate in the Program, includ- ant to subpart D of part 600 of title 40, Code of (j) APPROPRIATION.—There is hereby appro- ing how to determine participating dealers; and Federal Regulations; priated to the Secretary of Transportation (3) a comprehensive list, by make and model, (B) with respect to an eligible trade-in vehicle, $1,000,000,000, of which up to $50,000,000 is of new fuel efficient automobiles meeting the re- the equivalent of the number described in sub- available for administration, to remain available quirements of the Program. paragraph (A), and posted under the words Once such information is available, the Sec- ‘‘Estimated New EPA MPG’’ and above the until expended to carry out this section. retary shall conduct a public awareness cam- word ‘‘Combined’’ for vehicles of model year TITLE XIV paign to inform consumers about the Program 1984 through 2007, or posted under the words OTHER MATTERS and where to obtain additional information. ‘‘New EPA MPG’’ and above the word ‘‘Com- INTERNATIONAL ASSISTANCE PROGRAMS (g) RECORD KEEPING AND REPORT.— bined’’ for vehicles of model year 2008 or later INTERNATIONAL MONETARY PROGRAMS (1) DATABASE.—The Secretary shall maintain on the fueleconomy.gov website of the Environ- a database of the vehicle identification numbers mental Protection Agency for the make, model, UNITED STATES QUOTA, INTERNATIONAL of all new fuel efficient vehicles purchased or and year of such vehicle; or MONETARY FUND leased and all eligible trade-in vehicles disposed (C) with respect to an eligible trade-in vehicle For an increase in the United States quota in of under the Program. manufactured between model years 1978 through the International Monetary Fund, the dollar (2) REPORT ON EFFICACY OF THE PROGRAM.— 1985, the equivalent of the number described in equivalent of 4,973,100,000 Special Drawing Not later than 60 days after the termination subparagraph (A) as determined by the Sec- Rights, to remain available until expended: Pro- date described in subsection (c)(1)(A), the Sec- retary (and posted on the website of the Na- vided, That the cost of the amounts provided retary shall submit a report to the Committee on tional Highway Traffic Safety Administration) herein shall be determined as provided under Energy and Commerce of the House of Rep- using data maintained by the Environmental the Federal Credit Reform Act of 1990 (2 U.S.C. resentatives and the Committee on Commerce, Protection Agency for the make, model, and 661 et. seq.): Provided further, That for purposes Science, and Transportation of the Senate de- year of such vehicle. of section 502(5) of the Federal Credit Reform scribing the efficacy of the Program, including— (6) the term ‘‘dealer’’ means a person licensed Act of 1990, the discount rate in section (A) a description of Program results, includ- by a State who engages in the sale of new auto- 502(5)(E) shall be adjusted for market risks: Pro- ing— mobiles to ultimate purchasers; vided further, That section 504(b) of the Federal

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.083 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6698 CONGRESSIONAL RECORD — HOUSE June 12, 2009 Credit Reform Act of 1990 (2 U.S.C. 661c(b)) (B) by inserting ‘‘subsection (a)(1) of’’ after Act relating to the use of proceeds from the sale shall not apply. ‘‘pursuant to’’; and of such gold, the United States Governor is au- LOANS TO INTERNATIONAL MONETARY FUND (C) by adding at the end the following: thorized, consistent with subsection (a), to take For loans to the International Monetary Fund ‘‘(2) For the purpose of making loans to the such actions as may be necessary, including under section 17(a)(2) and (b)(2) of the Bretton International Monetary Fund pursuant to sub- those referred to in section 5(e) of this Act, to Woods Agreements Act (Public Law 87–490, 22 section (a)(2) of this section, there is hereby au- also use such proceeds for the purpose of assist- U.S.C. 286e–2), as amended by this Act pursuant thorized to be appropriated not to exceed the ing low-income countries. to the New Arrangements to Borrow, the dollar dollar equivalent of 75,000,000,000 Special Draw- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE equivalent of up to 75,000,000,000 Special Draw- ing Rights, in addition to any amounts pre- ARTICLES OF AGREEMENT OF THE FUND. ing Rights, to remain available until expended, viously authorized under this section, except that prior to activation, the Secretary of the ‘‘The United States Governor of the Fund may in addition to any amounts previously appro- agree to and accept the amendment to the Arti- priated under section 17 of such Act: Provided, Treasury shall report to Congress on whether supplementary resources are needed to forestall cles of Agreement of the Fund as proposed in That if the United States agrees to an expansion the resolution numbered 54–4 of the Board of of its credit arrangement in an amount less than or cope with an impairment of the international monetary system and whether the Fund has Governors of the Fund which was approved by the dollar equivalent of 75,000,000,000 Special such Board on October 22, 1997: Provided, That Drawing Rights, any amount over the United fully explored other means of funding, to remain available until expended to meet calls by the not more than one year after the acceptance of States’ agreement shall not be available until such amendments to the Fund’s Articles of further appropriated: Provided further, That Fund. Any payments made to the United States by the Fund as a repayment on account of the Agreement, the Secretary of the Treasury shall the cost of the amounts provided herein shall be submit a report to the appropriate congressional determined as provided under the Federal Credit principal of a loan made under this section shall continue to be available for loans to the Fund.’’. committees analyzing Special Drawing Rights, Reform Act of 1990 (2 U.S.C. 661 et. seq.): Pro- to include a discussion of how those countries vided further, That for purposes of section SEC. 1402. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at that significantly use or acquire Special Draw- 502(5) of the Federal Credit Reform Act of 1990, ing Rights in accordance with Article XIX, Sec- the discount rate in section 502(5)(E) shall be the end the following: ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE tion 2(c), use or acquire them; the extent to adjusted for market risks: Provided further, which countries experiencing balance of pay- That section 504(b) of the Federal Credit Reform ARTICLES OF AGREEMENT OF THE FUND. ment difficulties exchange or use their Special Act of 1990 (2 U.S.C. 661c(b)) shall not apply. ‘‘The United States Governor of the Fund may Drawing Rights to acquire reserve currencies; GENERAL PROVISIONS—INTERNATIONAL agree to and accept the amendments to the Arti- and the manner in which those reserve cur- ASSISTANCE PROGRAMS cles of Agreement of the Fund as proposed in rencies are acquired when utilizing Special SEC. 1401. Section 17 of the Bretton Woods the resolutions numbered 63–2 and 63–3 of the Drawing Rights.’’. Agreements Act (22 U.S.C. 286e–2) is amended— Board of Governors of the Fund which were ap- SEC. 1403. (a) Not later than 30 days after en- (1) in subsection (a)— proved by such Board on April 28, 2008 and May actment of this Act, the Secretary of the Treas- (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; 5, 2008, respectively. ury, in consultation with the Executive Director and of the World Bank and the Executive Board of ‘‘SEC. 65. QUOTA INCREASE. (B) by adding at the end the following: the International Monetary Fund (the Fund), ‘‘(a) IN GENERAL.—The United States Gov- ‘‘(2) In order to carry out the purposes of a shall submit a report to the appropriate congres- ernor of the Fund may consent to an increase in one-time decision of the Executive Directors of sional committees detailing the steps taken to the quota of the United States in the Fund the International Monetary Fund (the Fund) to coordinate the activities of the World Bank and equivalent to 4,973,100,000 Special Drawing expand the resources of the New Arrangements the Fund to avoid duplication of missions and Rights. to Borrow, established pursuant to the decision programs, and steps taken by the Department of ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- of January 27, 1997 referred to in paragraph (1) the Treasury and the Fund to increase the over- thority provided by subsection (a) shall be effec- above, and to make other amendments to the sight and accountability of the Fund’s activi- tive only to such extent or in such amounts as New Arrangements to Borrow to achieve an ex- ties. panded and more flexible New Arrangements to are provided in advance in appropriations Acts. (b) For the purposes of this title, ‘‘appropriate Borrow as contemplated by paragraph 17 of the ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT congressional committees’’ means the Commit- G–20 Leaders’ Statement of April 2, 2009 in Lon- OF THE FUND’S GOLD. tees on Appropriations, Banking, Housing, and don, the Secretary of the Treasury is authorized ‘‘(a) The Secretary of the Treasury is author- Urban Affairs, and Foreign Relations of the to instruct the United States Executive Director ized to instruct the United States Executive Di- Senate, and the Committees on Appropriations, to consent to such amendments notwithstanding rector of the Fund to vote to approve the sale of Foreign Affairs, and Financial Services of the subsection (d) of this section, and to make up to 12,965,649 ounces of the Fund’s gold ac- House of Representatives. loans, in an amount not to exceed the dollar quired since the second Amendment to the (c) In the next report to Congress on inter- equivalent of 75,000,000,000 Special Drawing Fund’s Articles of Agreement, only if such sales national economic and exchange rate policies, Rights, in addition to any amounts previously are consistent with the guidelines agreed to by the Secretary of the Treasury shall: (1) report authorized under this section and limited to the Executive Board of the Fund described in on ways in which the Fund’s surveillance func- such amounts as are provided in advance in ap- the Report of the Managing Director to the tion under Article IV could be enhanced and propriations Acts, except that prior to activa- International Monetary and Financial Com- made more effective in terms of avoiding cur- tion, the Secretary of the Treasury shall report mittee on a New Income and Expenditure rency manipulation; (2) report on the feasibility to Congress on whether supplementary resources Framework for the International Monetary and usefulness of publishing the Fund’s inter- are needed to forestall or cope with an impair- Fund (April 9, 2008) to prevent disruption to the nal calculations of indicative exchange rates; ment of the international monetary system and world gold market: Provided, That at least 30 and (3) provide recommendations on the steps whether the Fund has fully explored other days prior to any such vote, the Secretary shall that the Fund can take to promote global finan- means of funding, to the Fund under article consult with the appropriate congressional com- cial stability and conduct effective multilateral VII, section 1(i), of the Articles of Agreement of mittees regarding the use of proceeds from the surveillance. the Fund: Provided, That prior to instructing sale of such gold: Provided further, That the (d) The Secretary of the Treasury shall in- the United States Executive Director to provide Secretary of the Treasury shall seek to ensure struct the United States Executive Director of consent to such amendments, the Secretary of that: the International Monetary Fund to use the the Treasury shall consult with the appropriate ‘‘(1) the Fund will provide support to low-in- voice and vote of the United States to oppose congressional committees on the amendments to come countries that are eligible for the Poverty any loan, project, agreement, memorandum, in- be made to the New Arrangements to Borrow, Reduction and Growth Facility or other low-in- strument, plan, or other program of the Fund to including guidelines and criteria governing the come lending from the Fund by making avail- a Heavily Indebted Poor Country that imposes use of its resources; the countries that have able Fund resources of not less than budget caps or restraints that do not allow the made commitments to contribute to the New Ar- $4,000,000,000; maintenance of or an increase in governmental rangements to Borrow and the amount of such ‘‘(2) such Fund resources referenced above spending on health care or education; and to commitments; and the steps taken by the United will be used to leverage additional support by a promote government spending on health care, States to expand the number of countries so the significant multiple to provide loans with sub- education, food aid, or other critical safety net United States share of the expanded New Ar- stantial concessionality and debt service pay- programs in all of the Fund’s activities with re- rangements to Borrow is representative of its ment relief and/or grants, as appropriate to a spect to Heavily Indebted Poor Countries. share as of the date of enactment of this Act: country’s circumstances: SEC. 1404. Title XVI of the International Fi- Provided further, That any loan under the au- ‘‘(3) support provided through forgiveness of nancial Institutions Act (22 U.S.C. 262p–262p–8) thority granted in this subsection shall be made interest on concessional loans will be provided is amended by adding at the end the following: with due regard to the present and prospective for not less than two years; and ‘‘The Secretary of the Treasury shall instruct balance of payments and reserve position of the ‘‘(4) the support provided to low-income coun- the United States Executive Director at each of United States.’’. tries occurs within six years, a substantial the International Financial Institutions (as de- and amount of which shall occur within the initial fined in section 1701(c)(2) of this Act) to use the (2) in subsection (b)— two years. voice and vote of the United States to oppose the (A) by inserting ‘‘(1)’’ before ‘‘For the purpose ‘‘(b) In addition to agreeing to and accepting provision of loans or other use of the funds of of’’; the amendments referred to in section 64 of this the respective institution to any country the

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0636 Sfmt 6333 E:\CR\FM\A12JN7.086 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6699 government of which the Secretary of State has an individual detained at Naval Station, Guan- port accompanying S. 1054 (S. Rept. 111–20) determined, for purposes of section 6(j) of the tanamo Bay, Cuba, as of the date of enactment should be complied with unless specifically Export Administration Act of 1979, section 620A of this Act, to the country of such individual’s addressed in this statement of the managers. of the Foreign Assistance Act of 1961, or section nationality or last habitual residence or to any The statement of the managers, while re- 40 of the Arms Export Control Act, to be a gov- other country other than the United States, un- peating some report language for emphasis, ernment that has repeatedly provided support less the President submits to the Congress, in is not intended to negate the language re- for acts of international terrorism.’’. classified form 15 days prior to such transfer, ferred to above unless expressly provided GENERAL PROVISIONS—THIS ACT the following information: herein. (1) The name of any individual to be trans- AVAILABILITY OF FUNDS CYBER SECURITY ferred or released and the country to which SEC. 14101. No part of any appropriation con- such individual is to be transferred or released. On May 29, 2009, the Administration re- tained in this Act shall remain available for ob- (2) An assessment of any risk to the national leased its cyberspace policy review. The con- ligation beyond the current fiscal year unless security of the United States or its citizens, in- ferees direct the Office of Management and expressly so provided herein. cluding members of the Armed Services of the Budget to submit to the Committees on Ap- SEC. 14102. (a) OVERSEAS DEPLOYMENTS DES- United States, that is posed by such transfer or propriations an unclassified report, no later IGNATIONS.—Except as provided in subsections release and the actions taken to mitigate such than July 15, 2009, including a comprehensive (b) and (c), each amount in this Act is des- risk. explanation of the resources requested in the ignated as being for overseas deployments and (3) The terms of any agreement with another President’s fiscal year 2010 budget related to other activities pursuant to sections 401(c)(4) country for acceptance of such individual, in- cyber security, and any budget amendments and 423(a)(1) of S. Con. Res. 13 (111th Con- cluding the amount of any financial assistance that might be necessary due to the findings gress), the concurrent resolution on the budget related to such agreement. of the review. Classified annexes shall be for fiscal year 2010. (f) Prior to the termination of detention oper- provided as necessary to the individual Sub- (b) EMERGENCY DESIGNATIONS.—Each amount ations at Naval Station, Guantanamo Bay, committees regarding programs in their ju- in titles I, II, IV, V, VII, VIII, IX, XII, XIII, Cuba, the President shall submit to the Congress risdiction. Users of cyberspace have differing XIV, and VI except for amounts under the a report in classified form describing the disposi- requirements, operating policies, philoso- heading ‘‘Coast Guard Operating Expenses’’ is tion or legal status of each individual detained phies, and cost tradeoffs. Therefore, the re- designated as necessary to meet emergency at the facility as of the date of enactment of this port shall include an explanation of how the needs pursuant to sections 403(a) and 423(b) of Act. requested resources will provide additional S. Con. Res. 13 (111th Congress), the concurrent This Act may be cited as the ‘‘Supplemental security for the distinct users of cyberspace resolution on the budget for fiscal year 2010. Appropriations Act, 2009’’. including: federal, state, and local govern- (c) Subsection (a) shall not apply to the And the Senate agree to the same. ments; the private sector, including critical amounts rescinded in section 309 for ‘‘Operation DAVID R. OBEY, infrastructure sectors; academia and edu- and Maintenance, Marine Corps’’, ‘‘Operation JOHN P. MURTHA, cation; and the general public. Upon trans- and Maintenance, Air Force’’, and ‘‘Operation NITA M. LOWEY, mittal of the report, the White House Cyber and Maintenance, Army Reserve’’. ROSA L. DELAURO, Security Policy Coordinator shall provide a SEC. 14103. (a) None of the funds made avail- CHET EDWARDS, classified briefing to the Committees on Ap- able in this or any prior Act may be used to re- Managers on the Part of the House. propriations. lease an individual who is detained as of the TITLE I date of enactment of this Act, at Naval Station, DANIEL K. INOUYE, Guantanamo Bay, Cuba, into the continental ROBERT C. BYRD, DEPARTMENT OF AGRICULTURE United States, Alaska, Hawaii, or the District of PATRICK J. LEAHY, FOREIGN AGRICULTURAL SERVICE TOM HARKIN, Columbia. Public Law 480 Title II Grants (b) None of the funds made available in this BARBARA A. MIKULSKI, or any prior Act may be used to transfer an in- HERB KOHL, The conference agreement provides dividual who is detained as of the date of enact- PATTY MURRAY, $700,000,000 for Public Law 480 Title II grants ment of this Act, at Naval Station, Guantanamo BYRON L. DORGAN, as proposed by the Senate, instead of Bay, Cuba, for the purpose of detention in the DIANNE FEINSTEIN, $500,000,000 as proposed by the House. continental United States, Alaska, Hawaii, or RICHARD J. DURBIN, GENERAL PROVISIONS the District of Columbia, except as provided in TIM JOHNSON, Section 101. The conference agreement in- subsection (c). MARY L. LANDRIEU, cludes language making available funding (c) None of the funds made available in this or JACK REED, for the Emergency Conservation Program. any prior Act may be used to transfer an indi- FRANK R. LAUTENBERG, Section 102. The conference agreement pro- vidual who is detained, as of the date of enact- E. BENJAMIN NELSON, vides $71,270,000 to support $360,000,000 in di- ment of this Act, at Naval Station, Guantanamo MARK PRYOR, rect farm ownership loans, $400,000,000 in di- Bay, Cuba, into the continental United States, JON TESTER, rect farm operating loans and $50,201,000 in Alaska, Hawaii, or the District of Columbia, for ARLEN SPECTER, unsubsidized guaranteed operating loans. the purposes of prosecuting such individual, or THAD COCHRAN, detaining such individual during legal pro- KIT BOND, TITLE II ceedings, until 45 days after the plan detailed in MITCH MCCONNELL, DEPARTMENT OF COMMERCE subsection (d) is received. JUDD GREGG, ECONOMIC DEVELOPMENT ADMINISTRATION (d) The President shall submit to the Con- ROBERT F. BENNETT, gress, in classified form, a plan regarding the LAMAR ALEXANDER, ECONOMIC DEVELOPMENT ASSISTANCE proposed disposition of any individual covered SUSAN COLLINS, PROGRAMS by subsection (c) who is detained as of the date GEORGE V. VOINOVICH, The agreement includes $40,000,000 to pro- of enactment of this Act. Such plan shall in- LISA MURKOWSKI, vide grants under Trade Adjustment Assist- clude, at a minimum, each of the following for Managers on the Part of the Senate. ance to communities and firms adversely im- each such individual: pacted by trade. Within 60 days of the enact- (1) The findings of an analysis regarding any JOINT EXPLANATORY STATEMENT OF ment of this Act, the Department is directed risk to the national security of the United States THE COMMITTEE OF CONFERENCE to submit a plan to the House and Senate that is posed by the transfer of the individual. The managers on the part of the House and Committees on Appropriations as to how (2) The costs associated with transferring the Senate at the conference on the disagreeing this program will be implemented. votes of the two Houses on the amendment individual in question. DEPARTMENT OF JUSTICE (3) The legal rationale and associated court of the Senate to the bill (H.R. 2346) making demands for transfer. supplemental appropriations for the fiscal DETENTION TRUSTEE (4) A plan for mitigation of any risk described year ending September 30, 2009, and for other The agreement provides $60,000,000 for de- in paragraph (1). purposes, submit the following joint state- tention costs due to increased enforcement (5) A copy of a notification to the Governor of ment to the House and Senate in explanation activities along the United States-Mexico the State to which the individual will be trans- of the effect of the action agreed upon by the border. ferred or to the Mayor of the District of Colum- managers and recommended in the accom- LEGAL ACTIVITIES bia if the individual will be transferred to the panying conference report. District of Columbia with a certification by the The Senate amendment to the text deleted SALARIES AND EXPENSES, GENERAL LEGAL Attorney General of the United States in classi- the entire House bill after the enacting ACTIVITIES fied form at least 14 days prior to such transfer clause and inserted the Senate bill, as The agreement provides $1,648,000 for the (together with supporting documentation and amended. This conference agreement in- Criminal Division to supplement existing justification) that the individual poses little or cludes a revised bill. training and assistance provided to inves- no security risk to the United States. Report language included by the House in tigators, prosecutors, judges and other parts (e) None of the funds made available in this or the report accompanying H.R. 2346 (H. Rept. of the criminal justice systems of Iraq and any prior Act may be used to transfer or release 111–105) and included by the Senate in the re- Afghanistan.

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SALARIES AND EXPENSES, UNITED STATES FEDERAL PRISON SYSTEM 30 days after the end of each fiscal quarter ATTORNEYS SALARIES AND EXPENSES until funds listed in this title are no longer available for obligation. The conferees direct The agreement provides $5,000,000 for the The agreement includes $5,038,000 for the that these reports shall include: a detailed United States Attorneys for ongoing litiga- Federal Prison System to monitor and trans- accounting of obligations and expenditures tion expenses associated with terrorism pros- late the communications of incarcerated ter- of appropriations provided in this title by ecutions of national importance. The agree- rorists and disseminate relevant information program and subactivity group for the con- ment also provides $10,000,000 to prosecute to law enforcement agencies, as appropriate. mortgage fraud, financial fraud and market tinuation of military operations in Iraq and manipulation. GENERAL PROVISION, THIS TITLE Afghanistan, and a listing of equipment pro- UNITED STATES MARSHALS SERVICE (INCLUDING RECISSION) cured using funds provided in this title. The conferees expect that, in order to meet unan- SALARIES AND EXPENSES The agreement includes the following gen- ticipated requirements, the Department of The agreement provides $10,000,000 for the eral provision for this title: Section 201 rescinds $3,000,000 appropriated Defense may need to transfer funds within United States Marshals Service. Of the funds these appropriations accounts for purposes provided, $4,000,000 is for enhanced judicial to the Department’s Office of Inspector Gen- eral in Chapter 2 of Title I, P.L. 110–252, and other than those specified in this report. The security in districts along the southwest bor- conferees direct the Department of Defense der, $5,000,000 is for the apprehension of reappropriates these funds to extend their availability. to follow normal prior approval reprogram- criminals who have fled to Mexico, and ming procedures should it be necessary to $1,000,000 is to upgrade surveillance equip- TITLE III—DEFENSE MATTERS transfer funding between different appropria- ment used to monitor drug cartels and vio- DEPARTMENT OF DEFENSE tions accounts in this title. Additionally, the lent gang members. The conference agreement recommends conferees direct that the Department con- NATIONAL SECURITY DIVISION $77,161,439,000 for the Department of Defense, tinue to report incremental contingency op- SALARIES AND EXPENSES instead of $81,299,888,000, as proposed by the erations costs for Operation Iraqi Freedom The agreement includes $1,389,000 for the House, and $73,023,506,000, as proposed by the and Operation Enduring Freedom on a National Security Division to continue to Senate. monthly basis in the Cost of War Execution support terrorism prosecutions of national The following table provides details of the report as required by Department of Defense importance. supplemental appropriations for the Depart- Financial Management Regulation, chapter FEDERAL BUREAU OF INVESTIGATION ment of Defense. 23, volume 12. The conferees further direct the Department to continue to provide the SALARIES AND EXPENSES Chapter Conference rec- Cost of War Reports to the congressional de- The agreement provides $35,000,000 for the ommendation fense committees that include the following Federal Bureau of Investigation to inves- Military Personnel ...... $18,726,150,000 information by appropriation: funding appro- tigate mortgage fraud, predatory lending, fi- Operation and Maintenance ...... 32,547,114,000 priated, funding allocated, monthly obliga- nancial fraud and market manipulation. Procurement ...... 25,846,718,000 tions, monthly disbursements, cumulative Research, Development, Test and Evaluation ...... 833,499,000 DRUG ENFORCEMENT ADMINISTRATION Revolving and Management Funds ...... 861,726,000 fiscal year obligations, and cumulative fiscal SALARIES AND EXPENSES Other Department of Defense Programs ...... 2,301,992,000 year disbursements. The agreement includes $20,000,000 for the INTELLIGENCE, SURVEILLANCE AND Drug Enforcement Administration to expand CLASSIFIED ANNEX RECONNAISSANCE its Sensitive Investigation Unit program in The recommendations for intelligence ac- Mexico. tivities are published in a separate and de- The conferees agree to redirect the funds BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND tailed classified annex. The intelligence com- requested for the Joint Rapid Acquisition EXPLOSIVES munity, Department of Defense and other or- Cell to high priority requirements identified ganizations are expected to fully comply by the Intelligence, Surveillance and Recon- SALARIES AND EXPENSES with the recommendations and directions in naissance Task Force. The funds are distrib- The agreement includes $4,000,000 for the the classified annex accompanying this Act. uted to appropriations accounts in the same Bureau of Alcohol, Tobacco, Firearms and manner as described in Senate Report 111–20. Explosives (ATF) for training and technical REPORTING REQUIREMENTS assistance on improved explosives devices in The conferees direct the Secretary of De- MILITARY PERSONNEL Iraq. The agreement also includes $4,000,000 fense to provide a report to the congressional to upgrade technology for ballistics evidence defense committees within 30 days of enact- The conference agreement recommends sharing with Mexico and $6,000,000 for ment of this Act on the allocation of the $18,726,150,000 for military personnel. Project Gunrunner firearms trafficking ac- funds within the accounts listed in this title. The recommendations for each military tivities along the southwest border. The Secretary shall submit updated reports personnel account are shown below:

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

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

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

Budget request House Senate Conference

Army National Guard ...... 300,000 300,000 300,000 Air National Guard ...... 50,000 50,000 50,000 U.S. Army Reserve ...... 75,000 75,000 75,000 Navy Reserve ...... 25,000 25,000 25,000 Marine Corps Reserve ...... 25,000 25,000 25,000 Air Force Reserve ...... 25,000 25,000 25,000

Total National Guard and Reserve Equipment Account ...... 500,000 500,000 500,000

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

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

Budget request House Senate Conference

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

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

Budget request House Senate Conference

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

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

Budget request House Senate Conference

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

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

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Budget request House Senate Conference

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

OFFICE OF THE INSPECTOR GENERAL spouse career transition assistance intern- Operation and Mainte- The conference agreement recommends ship program. nance, Defense-Wide: $9,551,000 for the Office of the Inspector Gen- The conferees agree to delete section 10010 Fuel ...... 81,135,000 eral. as proposed by the House regarding the Air Classified ...... 5,000,000 Safety System for the Kyrgyz Republic. Classified ...... 181,500,000 GENERAL PROVISIONS The conferees agree to retain sections 10011 Operation and Mainte- Title III contains several general provi- and 307 as proposed by the House and the nance, Army Reserve: sions, many of which extend or modify war- Senate, which provide for the procurement of Fuel ...... 23,338,000 related authorities included in previous passenger motor vehicles for use by military Operation and Mainte- Acts. A brief description of the recommended and civilian employees of the Department of nance, Navy Reserve: provisions follows: Defense in Iraq and Afghanistan. Fuel ...... 62,910,000 The conferees agree to retain sections 10001 The conferees agree to retain and amend Operation and Mainte- and 301, as proposed by the House and the sections 10012 and 308 as proposed by the nance, Marine Corps Senate, which establish the period of avail- House and the Senate regarding rescissions. Reserve: ability for obligation for appropriations pro- The rescissions agreed to are: Fuel ...... 1,250,000 vided in this title and that funds made avail- (RESCISSIONS) Operation and Mainte- able in this title are in addition to amounts 2007 Appropriations: nance, Air Force Re- appropriated or made available for the De- serve: partment of Defense for fiscal year 2009. Procurement, Marine Corps: Fuel ...... 163,786,000 (INCLUDING TRANSFER OF FUNDS) Training Devices ...... $53,200,000 Operation and Mainte- The conferees agree to retain and amend CAC2S ...... 1,200,000 nance, Army Na- sections 10002 and 302, as proposed by the 2008 Appropriations: tional Guard: House and the Senate, which provide special Other Procurement, Fuel ...... 57,819,000 transfer authority for funds made available Army: Operation and Mainte- in this Act for the Department of Defense. Combat ID ...... 4,100,000 nance, Air National The conferees agree to retain and amend SAT Term, EMUT ...... 4,500,000 Guard: sections 10003 and 303, as proposed by the LRAS3 ...... 8,400,000 Fuel ...... 250,645,000 House and the Senate, which provide for the Smoke & Obscurant Aircraft Procurement, obligation and expenditure of funds related Family ...... 8,000,000 Army: to activities pursuant to section 504(a)(1) of Heaters and ECUs ...... 4,300,000 Common Ground the National Security Act of 1947. Procurement, Marine Equipment ...... 11,000,000 Corps: (INCLUDING TRANSFER OF FUNDS) Airborne Avionics ...... 11,600,000 CAC2S ...... 10,300,000 Procurement of Ammuni- The conferees agree to retain and amend Aircraft Procurement, tion, Army: sections 10004 and 304, as proposed by the Air Force: CTG, Tank, 120MM, All House and the Senate, which provide for F–22A ...... 7,676,000 Types ...... 46,800,000 transfers from the Defense Cooperation Ac- Common Support Signals, All Types ...... 50,100,000 count. Equipment ...... 36,324,000 Mine, Clearing Charge, The conferees agree to retain and amend Research, Development, All Types ...... 2,000,000 sections 10005 and 305, as proposed by the Test and Evaluation, Ammo Components House and the Senate, which provide that, Navy: (Renovation) ...... 8,200,000 for construction projects in Afghanistan Classified ...... 5,000,000 Other Procurement, funded with operation and maintenance Silent Guardian ...... 6,300,000 Army: funds, supervisory and administrative costs Research, Development, Force XXI Battle Com- may be obligated when the contract is Test and Evaluation, mand Brigade & awarded. Air Force: Below ...... 50,000,000 (INCLUDING RESCISSIONS) CSAR–X RDT&E ...... 36,107,000 Modification of In- Research, Development, The conferees agree to retain and amend Service Equipment Test and Evaluation, section 10006, as proposed by the House, (OPA3) ...... 30,200,000 Defense-Wide: which provides a two year period of avail- Defense Enterprise DARPA: Undistributed 150,000,000 ability for the Iraq Security Forces Fund. DARPA: Sensor Tech- Wideband SATCOM The conferees agree to retain sections 10007 nology ...... 650,000 System ...... 6,000,000 and 306, as proposed by the House and the DARPA: Guidance Long Range Advanced Senate, which provide authority to use oper- Technology ...... 9,270,000 Scout Surveillance ... 47,300,000 ation and maintenance appropriations to General Support to Night Vision Thermal purchase items having an investment item USD/I ...... 9,204,000 Weapon Sight ...... 41,500,000 unit cost of not more than $250,000, or upon 2009 Appropriations: Field Feeding Equip- determination by the Secretary of Defense Operation and Mainte- ment ...... 7,000,000 that the operational requirements of a Com- nance, Army: Close Combat Tactical mander of a Combatant Command engaged Fuel ...... 352,359,000 Trainer ...... 8,000,000 in contingency operations overseas can be Operation and Mainte- Lightweight Laser Des- met, funds may be used to purchase items nance, Navy: ignator Rangefinder 55,000,000 having an investment item unit cost of not Fuel ...... 881,481,000 Procurement, Marine more than $500,000. Operation and Mainte- Corps: The conferees agree to delete section 10008 nance, Marine Corps: CAC2S ...... 10,300,000 as proposed by the House regarding Com- Fuel ...... 54,466,000 Other Procurement, Air mander’s Emergency Response Program. Operation and Mainte- Force: The conferees agree to delete section 10009 nance, Air Force: Base Information Infra- as proposed by the House regarding military Fuel ...... 925,203,000 structure ...... 17,500,000

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0636 Sfmt 0655 E:\CR\FM\A12JN7.098 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6729 Procurement, Defense- ing a study of the detention facility at Naval The conference agreement includes a pro- Wide: Station Guantanamo Bay. vision proposed by the Senate restricting Unmanned Vehicles ..... 6,400,000 TITLE IV—SUBCOMMITTEE ON ENERGY spending on mission relocation of either the Research, Development, AND WATER DEVELOPMENT design authority for the gas transfer systems Test and Evaluation, DEPARTMENT OF DEFENSE—CIVIL or tritium research and development facili- Army: ties until an independent technical mission Aerial Common Sensor 157,710,000 DEPARTMENT OF THE ARMY review and cost analysis is performed. The Rapid Equipping Force 20,000,000 CORPS OF ENGINEERS—CIVIL House proposed no similar provision. Armed Reconnaissance OPERATION AND MAINTENANCE The conference agreement includes a pro- Helicopter ...... 10,000,000 The conference agreement provides vision proposed by the Senate increasing the Research, Development, cost ceiling for a Corps of Engineers project. Test and Evaluation, $42,875,000 for Operation and Maintenance, instead of $38,375,000 as proposed by the Sen- The House proposed no similar provision. Navy: The conference agreement deletes a provi- Fuel ...... 30,510,000 ate. The House proposed no funding for this account. sion proposed by the Senate concerning VH–71 ...... 47,000,000 deconstruction of a Corps of Engineers CG (X) ...... 73,600,000 FLOOD CONTROL AND COASTAL EMERGENCIES project. The House proposed no similar pro- Harpoon Upgrades ...... 11,450,000 The conference agreement provides vision. Aerial Common Sensor 30,000,000 $754,290,000 for Flood Control and Coastal The conference agreement includes a pro- Classified ...... 24,500,000 Emergencies as proposed by the Senate. The Research, Development, vision proposed by the Senate concerning the House proposed no funding for this account. Test and Evaluation, Innovative Technology Loan Guarantee Pro- Within the funds provided, $315,290,000 is for Air Force: gram in the Energy Department. The House the Corps to prepare for flood, hurricane, and Fuel ...... 15,098,000 proposed no similar provision. other natural disasters; support emergency Transformational 150,000,000 TITLE V operations, repairs, and other activities in SATCOM EXECUTIVE OFFICE OF THE PRESIDENT response to flood and hurricane emergencies, CSAR–X RDT&E ...... 92,469,000 AND FUNDS APPROPRIATED TO THE as authorized by law; and repair and reha- Single Integrated Air PRESIDENT bilitate eligible projects that were affected Picture ...... 20,000,000 NATIONAL SECURITY COUNCIL MILSATCOM Terminals 10,000,000 by natural disasters. An additional $439,000,000 is provided for barrier island res- SALARIES AND EXPENSES The conferees agree to delete section 10013 toration and ecosystem restoration along The conference agreement includes an ad- as proposed by the House regarding the the Mississippi Gulf Coast. ditional appropriation of $2,936,000 for the transfer of $150,600,000 from various Army DEPARTMENT OF ENERGY National Security Council, as proposed by procurement accounts to military personnel both the House and the Senate. accounts. ENERGY PROGRAMS THE JUDICIARY The conferees agree to delete section 10014 STRATEGIC PETROLEUM RESERVE COURTS OF APPEALS, DISTRICT COURTS, AND as proposed by the House which rescinds un- (TRANSFER OF FUNDS) OTHER JUDICIAL SERVICES obligated balances from Operation and Main- The conference agreement provides SALARIES AND EXPENSES tenance, Defense-Wide. $21,585,723 for Strategic Petroleum Reserve (INCLUDING TRANSFER OF FUNDS) to be derived by transfer from the SPR Pe- (INCLUDING TRANSFER OF FUNDS) The conferees agree to retain and amend troleum Account as proposed by the House The conference agreement provides an ad- section 10015 as proposed by the House which and Senate. ditional appropriation of $10,000,000 for the provides for retroactive Stop Loss payments. ATOMIC ENERGY DEFENSE ACTIVITIES Federal Judiciary, as proposed by the Sen- The conferees agree to retain section 10016 ate, available for transfer between Judiciary NATIONAL NUCLEAR SECURITY as proposed by the House which provides for accounts to meet increased workload re- ADMINISTRATION authority to retire certain aircraft. quirements resulting from immigration and The conferees agree to retain sections 10017 WEAPONS ACTIVITIES other law enforcement initiatives. The House and 309, as proposed by the House and the The conference agreement provides did not include funding for this purpose. Senate, which prohibit obligation or expend- $30,000,000 to sustain a program at the nu- INDEPENDENT AGENCIES clear weapons laboratories and other entities iture of funds contrary to the provisions of FINANCIAL CRISIS INQUIRY COMMISSION Section 814 of the National Defense Author- to analyze nuclear and biological weapons SALARIES AND EXPENSES ization Act, Fiscal Year 2007 (P.L. 109–364). intelligence. The Senate bill proposed The conferees agree to retain sections 10018 $34,500,000 for such activities. The House pro- The conference report appropriates and 310, as proposed by the House and the posed no funding for this account. With this $8,000,000, to remain available until February Senate, which prohibit the use of funds funding, the Secretary of Energy, in coopera- 15, 2011, for the necessary expenses of the Fi- available in this Act for the Department of tion with the Director of National Intel- nancial Crisis Inquiry Commission estab- Defense to finance projects denied by the ligence, shall develop and implement a plan lished by section 5 of Public Law 111–21 (en- Congress in the fiscal year 2008 or fiscal year for investing these funds and sustaining this acted on May 20, 2009). The Senate bill pro- 2009 Department of Defense Appropriations critical analytical capability. vided $4,000,000 for this purpose, appropriated to the Department of the Treasury for trans- Acts. DEFENSE NUCLEAR NONPROLIFERATION fer to the Commission. Now that the author- The conferees agree to retain section 10019 The conference agreement provides as proposed by the House, which bans the es- ization has become law, the conferees de- $55,000,000 for Defense Nuclear Nonprolifera- cided to make the appropriation directly to tablishment of permanent bases in Iraq or tion as proposed by the House and Senate. U.S. control over oil resources. a new account for the Commission. In addi- The conferees agree to retain section 10020 GENERAL PROVISIONS—THIS TITLE tion, the conference agreement makes the and 311, as proposed by the House and the The conference agreement includes a pro- funds available through February 15, 2011, Senate, which prohibit the obligation of ex- vision proposed by the Senate concerning rather than through December 31, 2010 as penditure of funds in this or any other Act to Department of Energy Limited Transfer Au- proposed by the Senate, in order to improve establish a permanent base in Afghanistan. thority. The House proposed no similar pro- consistency with the authorizing legislation. The conferees retain and amend section vision. The House bill did not include funding for 10021 as proposed by the House which re- The conference agreement includes a pro- this new Commission. quires a report on Iraq troop draw down. vision proposed by the Senate concerning SECURITIES AND EXCHANGE COMMISSION Federal Employment Requirements. The The conferees agree to retain section 312 as SALARIES AND EXPENSES proposed by the Senate, which modifies re- House proposed no similar provision. The conference agreement includes an ad- porting requirements on Iraq and Afghani- The conference agreement includes a pro- ditional appropriation of $10,000,000, as pro- stan Security Forces funds to include the vision proposed by the Senate amending sec- posed by the Senate, for the Securities and Pakistan Counterinsurgency Fund. tion 3181 of Public Law 110–114 to deauthorize The conferees agree to retain and amend two Corps of Engineers projects. The House Exchange Commission for investigation of section 313 as proposed by the Senate, which proposed no similar provision. securities fraud. The House bill did not in- modifies section 1174(h)(1), title 10 U.S.C. to The conference agreement includes a pro- clude funding for this purpose. allow recoupment of special pay, special sep- vision proposed by the Senate concerning re- GENERAL PROVISIONS—THIS TITLE aration benefits and voluntary separation in- programming of funds provided in Public Section 501 of the conference report makes centives. Law 111–5 to the Corps of Engineers. The a technical correction to Public Law 110–428 The conferees agree to delete section 314 as House proposed no similar provision. relating to judicial survivors’ annuities. This proposed by the Senate which designated The conference agreement includes a pro- provision was proposed by the Senate; the funding as being for overseas deployment vision proposed by the Senate concerning re- House had no comparable language. and other activities. programming of funds provided in Public Section 502 of the conference report The conferees agree to retain and amend Law 111–5 to the Bureau of Reclamation. The amends the appropriation of District of Co- section 315 as proposed by the Senate regard- House proposed no similar provision. lumbia funds in the Financial Services and

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.099 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6730 CONGRESSIONAL RECORD — HOUSE June 12, 2009 General Government Appropriations Act, iture plan to the Committees on Appropria- DEPARTMENT OF THE INTERIOR 2009 to incorporate any subsequent budget tions not later than 30 days after the date of DEPARTMENT-WIDE PROGRAMS amendments adopted by the District of Co- enactment of this Act. WILDLAND FIRE MANAGEMENT lumbia Council. This provision was proposed The Department of Homeland Security (INCLUDING TRANSFER OF FUNDS) by the Senate; the House had no comparable (DHS) is directed, jointly with HHS, to brief language. the Committees on Appropriations no late The conference agreement includes Section 503 of the conference report alters than July 3, 2009, on the fiscal year 2009 costs $50,000,000 as requested for wildfire suppres- the set aside of not less than $3,000,000 in the to date for handling UAC pursuant to P.L. sion and emergency rehabilitation activities fiscal year 2009 appropriation for the Federal 110–457 and the estimated costs for the same of the Department of the Interior, available Communications Commission, to make that activity in fiscal year 2010. only if other available funds will be ex- amount available for developing a national hausted imminently. If it enhances the effi- COAST GUARD broadband plan pursuant to the American ciency or effectiveness of Federal wildland Recovery and Reinvestment Act instead of OPERATING EXPENSES fire suppression activities, the Secretary of for a State Broadband Data and Develop- The agreement provides $139,503,000 for the Interior may transfer any of these funds ment matching grants program. This provi- Coast Guard Operating Expenses as proposed to the Secretary of Agriculture for similar sion was proposed by the Senate; the House by the Senate. The House bill contained activities. The Committee notes that al- had no comparable language. $129,503,000 within the Navy Operations and though wildfire suppression projections are Section 504 of the conference report in- Maintenance appropriation and no funding challenging this early in the season, models cludes language proposed by the Senate for maintenance of High Endurance Cutters. and experience indicate that it is highly amending the Federal Deposit Insurance Act Of this total, $129,503,000 is for support of likely that existing available funds will not so as to preempt certain state interest rate overseas contingency operations, and be sufficient if another fire season like the ceilings, effective through December 31, 2010. $10,000,000 is for addressing the High Endur- past three occurs. The House had no comparable provision. ance Cutter maintenance backlog. The Coast DEPARTMENT OF AGRICULTURE PANDEMIC INFLUENZA Guard is directed to provide a briefing by FOREST SERVICE The conference agreement does not contain July 15, 2009, on how it plans to apply the WILDLAND FIRE MANAGEMENT cutter maintenance funds. provisions proposed by the Senate making (INCLUDING TRANSFER OF FUNDS) appropriations within the Executive Office of FEDERAL EMERGENCY MANAGEMENT AGENCY The conference agreement includes the President for pandemic influenza pre- $200,000,000 as requested for wildfire suppres- paredness and response. Rather, this matter STATE AND LOCAL PROGRAMS sion and emergency rehabilitation activities is addressed in the Labor-HHS-Education The agreement provides $30,000,000 for of the Forest Service, available only if other and State/Foreign Operations titles of the State and Local Programs for Operation available funds will be exhausted immi- conference agreement, as in the House Stonegarden as proposed by the Senate. The nently. If it enhances the efficiency or effec- version of the bill. House bill contained no similar funding. tiveness of Federal wildland fire suppression TITLE VI GENERAL PROVISIONS—THIS TITLE activities, the Secretary of Agriculture may DEPARTMENT OF HOMELAND SECURITY Section 601. The agreement includes and transfer not more than $50,000,000 of these U.S. CUSTOMS AND BORDER PROTECTION modifies a provision proposed by the House funds to the Secretary of the Interior for SALARIES AND EXPENSES permitting the Coast Guard to issue a cer- similar activities. The Committee notes that although wildfire suppression projections are The agreement provides $46,200,000 for U.S. tificate of documentation for the drydock challenging this early in the season, models Customs and Border Protection (CBP) Sala- ALABAMA to engage in coastwise trade and and experience indicate that it is highly ries and Expenses as proposed by the Senate. waives certain sections of the Jones Act. likely that existing available funds will not The House bill contained no similar funding. Section 602. The agreement includes a pro- be sufficient if another fire season like the Of this, $6,200,000 shall be to care for and vision proposed by the House permitting the past three occurs. transport unaccompanied illegal alien chil- Coast Guard to issue a certificate of docu- dren (UAC); $30,000,000 shall be to fund the mentation for the vessel MARYLAND INDE- GENERAL PROVISIONS—THIS TITLE hiring of up to 125 CBP Officers, as well as PENDENCE to engage in coastwise trade and Sec. 701. The conference agreement in- other personnel, equipment, facilities and waives certain sections of the Jones Act. cludes a technical correction as proposed by operations costs for additional deployment This authority is terminated if the vessel is the Senate that amends Public Law 111–8 to Southwest border ports of entry; and conveyed or repairs or alterations are made concerning training of staff at the Agency $10,000,000 shall be to procure competitively to the vessel outside the United States. for Toxic Substances and Disease Registry. non-intrusive inspection equipment, all as (INCLUDING RECSISSION OF FUNDS) The House had no similar provision. described in the Senate report. The Sec- The conference agreement does not include Section 603. The agreement includes a pro- retary of Homeland Security shall submit an a provision proposed by the Senate that ex- vision proposed by the Senate rescinding and expenditure plan to the committees on Ap- empts youth conservation employment pro- appropriating funds previously allocated to propriations prior to obligating these funds, grams in the Department of the Interior and the State of Mississippi. and not later than 30 days after the date of the Forest Service from Section 1606 of divi- Section 604. The agreement includes a pro- enactment of this Act. sion A, title XVI of Public Law 111–5. The vision proposed by the Senate amending lan- conferees have been assured by the Depart- AIR AND MARINE INTERDICTION, OPERATIONS, guage under the heading Federal Emergency MAINTENANCE, AND PROCUREMENT ment of the Interior officials that they have Management Agency, Management and Ad- legal authorities to conduct youth projects The agreement provides $5,000,000 for Air ministration, Public Law 110–329. under the American Recovery and Reinvest- and Marine Interdiction, Operations, Mainte- Section 605. The agreement includes a pro- ment Act with appropriate entities, such as nance, and Procurement as proposed by the vision proposed by the Senate permitting the the Youth Conservation Corps and Public Senate. The House bill contained no similar Secretary to waive certain requirements of Lands Corps. funding. The Secretary shall submit an ex- the Federal Fire Prevention and Control Act TITLE VIII penditure plan to the Committees on Appro- of 1974. The House bill contained a similar priations prior to obligating these funds, and provision under the heading Federal Emer- DEPARTMENT OF HEALTH AND HUMAN not later than 30 days after the date of en- gency Management Agency, Firefighter As- SERVICES actment of this Act. sistance Grants. ADMINISTRATION FOR CHILDREN AND FAMILIES U.S. IMMIGRATION AND CUSTOMS Section 606. The agreement includes a pro- REFUGEE AND ENTRANT ASSISTANCE ENFORCEMENT vision proposed by the Senate regarding The conference agreement includes SALARIES AND EXPENSES State-run case management programs re- $82,000,000 for refugee and entrant assistance, The agreement provides $66,800,000 for U.S. lated to Hurricanes Katrina and Rita. as proposed by the Senate. The House pro- Immigration and Customs Enforcement Section 607. The agreement includes a pro- posed these funds within the Department of (ICE) Salaries and Expenses as proposed by vision proposed by the Senate that amends Defense, including transfer authority to the Senate. The House bill contained no Section 552 of Public Law 110–161 pertaining other Federal agencies. The conferees intend similar funding. Included in this total is to primary or secondary schools damaged by that these funds be used for the care and cus- $11,800,000 for increased costs of ICE to care Hurricanes Katrina and Rita. tody of unaccompanied alien children, to for and transport UAC to the Department of Section 608. The agreement includes a pro- allow the Office of Refugee Resettlement to Health and Human Services (HHS), pursuant vision proposed by the Senate pertaining to implement the provisions of Public Law 110– to the requirements in the William Wilber- Disaster Assistance Direct Loans made pur- 457, the William Wilberforce Trafficking Vic- force Trafficking Victims Protection Reau- suant to P.L. 111–5 for FEMA–1791–DR. tims Protection Reauthorization Act thorization Act of 2008 (P.L. 110–457). In addi- Section 609. The agreement includes a new (TVPRA) of 2008. The conferees direct the tion, the bill includes $55,000,000 for response provision pertaining to debris removal and Department of Health and Human Services, to border security issues, as discussed in the public assistance for damages associated in conjunction with the Department of Senate report. Prior to obligation of the with FEMA–1791–DR, FEMA–1792–DR, Homeland Security, to provide a briefing to funds, the Secretary shall submit an expend- FEMA–1841–DR, AND FEMA–1838–DR. the Committees on Appropriations no later

VerDate Nov 24 2008 02:57 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.101 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6731 than July 3, 2009 on the increased costs in disease detection and surveillance, labora- pared by HHS or any other Federal agency fiscal year 2010 associated with imple- tory capacity and research, diagnostic capa- receiving funds, and shall be coordinated menting the TVPRA. bilities, risk communication, rapid response, with the Executive Office of the President. OFFICE OF THE SECRETARY distribution of medical supplies and treat- GENERAL PROVISIONS—THIS TITLE ments from the Strategic National Stock- PUBLIC HEALTH AND SOCIAL SERVICES (TRANSFER OF FUNDS) pile, guidance development, and assistance EMERGENCY FUND Sec. 801. The conference agreement in- to State and local governments. (INCLUDING TRANSFER OF FUNDS) Also within the total, the conference cludes a provision as proposed by the Senate The conference agreement includes agreement includes no less than $350,000,000 to provide the Department of Labor ex- $1,850,000,000 for pandemic influenza pre- for upgrading State and local capacity as panded transfer authority for administrative paredness and response as proposed by the proposed by the House. The Senate did not funding appropriated in the American Recov- House. The Senate proposed $1,500,000,000 in include a similar provision. State and local ery and Reinvestment Act. The House bill the Executive Office of the President. Fund- public health systems have been challenged did not include a similar provision. Sec. 802. The conference agreement in- ing is available until expended, as proposed by the economic downturn. These funds will cludes a provision as proposed by the House by the House, rather than until September be used to support State and local public to make a technical correction to the fiscal 30, 2010 as proposed by the Senate. health and emergency response infrastruc- year 2009 Omnibus Appropriations Act to The conference agreement concurs in the ture, such as workforce, laboratory capacity, permit the higher foster care children adop- House recommendation and does not specify public communications, and community tion incentive payments to States author- amounts within this appropriation for Fed- mitigation guidance and planning. eral government agencies outside of the De- As proposed by the House, the conferees re- ized by the Fostering Connections to Success partment of Health and Human Services quest that the Secretary of HHS, together and Increasing Adoptions Act of 2008 (Public (HHS). The Senate recommended a number with the Director of CDC, examine HHS’ re- Law 110–351). The Senate bill did not include of transfers to other Federal agencies. sponse to the early stages of the H1N1 out- a similar provision. Sec. 803. The conference agreement in- The conferees recognize the high level of break in Mexico and the laboratory con- cludes bill language, not in either House or uncertainty associated with the current firmation process to ascertain whether im- Senate bills, to enable the Department of H1N1 influenza virus strain and other circu- provements are needed in its current disease Education to expedite the awarding of Amer- lating flu viruses and the urgent need to pro- detection policies and procedures. HHS ican Recovery and Reinvestment Act vide increased resources to Federal, State, should submit a report to the Committees on (ARRA) funding available for the Centers for and local agencies on the frontlines of re- Appropriations of the House of Representa- Independent Living program and allow mul- sponding to disease outbreaks. Lessons tives and the Senate no later than 90 days tiple year awards. The conferees expect that learned from past influenza pandemics indi- after the enactment of this Act. The Senate this authority will help the Department cate that influenza can strike a community, did not request a similar report. affect many individuals, and then return As proposed by the House, the conferees di- begin to make ARRA awards under this pro- with a vengeance to strike the community rect the Secretary of HHS to provide month- gram in the current fiscal year and request months later. ly reports to the Committees on Appropria- monthly reports to the Committees on Ap- HHS has nearly exhausted all prior appro- tions of the House of Representatives and propriations of the House of Representatives priated influenza pandemic funds to respond the Senate updating the status of actions and the Senate on actions taken to make all to the current H1N1 influenza outbreak. Sup- taken and funds obligated in this and pre- awards under this program. plemental funding is needed to continue to vious appropriations Acts for pandemic in- (INCLUDING TRANSFER OF FUNDS) address this current outbreak, but also to fluenza preparedness and response activities. Sec. 804. The conference agreement in- prepare for the potential of future outbreaks, These reports should be provided no later cludes a provision that permits the Sec- increased severity of the virus, or for a new than 15 days after the end of each month. retary of Education to transfer up to flu strain to emerge. As such, this funding Further, the Secretary shall include appro- $10,260,000 to the Career, Technical, and may be used for an array of pandemic influ- priations provided in this Act when pre- Adult Education account for carrying out enza preparedness and response activities, paring the semi-annual report to Congress on Adult Education State Grants from amounts including the development and purchase of influenza pandemic preparedness spending. that would otherwise lapse at the end of fis- vaccines, antiviral drugs, medical supplies The Senate did not propose similar language. cal year 2009, with notification to the Com- and personal protective equipment, diag- Contingent emergency appropriation mittees on Appropriations. The Senate pro- nostic and vaccine delivery equipment, for posed language authorizing a transfer of up The conference agreement includes an ad- upgrading State and local public health ca- to $17,678,270 for this purpose, while the ditional $5,800,000,000 as a contingent emer- pacity, and domestic and international sur- House bill did not include similar language. veillance. Additionally, funding may be used gency appropriation to provide Federal, to support the activities for which prior State, and local public health and emergency TITLE IX funding was provided, but has been diverted response agencies with resources to effec- Legislative Branch to address the current outbreak. tively respond should an escalation of the U.S. CAPITOL POLICE As proposed by the House, the conference H1N1 virus or another emergent influenza GENERAL EXPENSES virus require a national vaccination pro- agreement includes bill language that per- The agreement includes $71,606,000 for the gram. On June 2, 2009, the President sub- mits the Secretary of HHS to transfer fund- acquisition and installation of a new radio mitted a request for $2,000,000,000 in contin- ing to other Federal agencies to be used to system for the U.S. Capitol Police as pro- gent funds, plus authority to transfer and re- prepare for and respond to an influenza pan- posed by both the House and the Senate. this direct Recovery Act and other prior appro- demic. Funds may also be transferred to the is the same amount as the supplemental re- priations for this purpose. The conferees Covered Countermeasure Process Fund for quest. The Government Accountability Of- agree that additional, substantial, and flexi- the purpose of administering compensation fice will support the Capitol Police in the ble resources should be provided to respond claims for individuals who may experience execution of this critical project and have to this emerging situation; however, the con- adverse reactions caused by the administra- been requested by the House and Senate Ap- ferees believe they should be provided in a tion or use of a covered countermeasure, propriations Committees to provide regular more efficient manner. such as vaccines and antiviral drugs. Such updates of progress in meeting critical sys- Moreover, to ensure that these resources transfers shall be made in consultation with tem deadlines and performance standards. the Director of the Office of Management are used for urgent needs, with oversight and The agreement accepts the Senate struc- and Budget (OMB). Not later than 15 days accountability, this funding is available for ture of the appropriations language which prior to transferring any funds, the Sec- obligation only if the President provides deletes a proviso included in the House bill retary must notify the Committees on Ap- written notice to Congress that emergency and the supplemental request that would propriations of the House of Representatives funds are required to address critical needs have placed $6,500,000 of this amount in a and the Senate of the planned uses of the related to emerging influenza viruses. Funds contingency reserve. funds. The Senate did not propose similar may be transferred to other appropriation CONGRESSIONAL BUDGET OFFICE language. Additionally, the conferees direct accounts of the Department of Health and the Secretary to consult with the Director of Human Services and other Federal agencies SALARIES AND EXPENSES OMB when making funding allocations with- in consultation with the Director of the Of- The agreement includes $2,000,000 as pro- in HHS. fice of Management and Budget. Further, posed by the Senate for the Congressional Within the total, the conference agreement none of the funds provided through this con- Budget Office. These funds remain available includes no less than $200,000,000 for the Cen- tingent emergency appropriation shall be until September 30, 2010. The funding pro- ters for Disease Control and Prevention made available for obligation until 15 days vides increased resources to expedite CBO’s (CDC) as proposed by the House. The Senate following the submittal of detailed obliga- evaluation and scoring of major legislation did not include a similar provision. CDC is tion plans to the Committees on Appropria- expected to be considered during the remain- the lead Federal agency involved with de- tions of the House of Representatives and der of fiscal year 2009 and will accelerate tecting, preparing for, and responding to in- the Senate. Such plans shall identify the staffing increases proposed in the fiscal year fectious disease outbreaks. Funding will be amounts and the activities for which funds 2010 budget request. These funds were not in used for such activities as U.S. and global are specified by the President, shall be pre- the supplemental request or the House bill.

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SEC. 901—GENERAL PROVISION TITLE X conferees also recommend a rescission of DEPARTMENT OF DEFENSE $143,242,000 from a prior year appropriation The agreement does not include a general due to the cancellation of military construc- MILITARY CONSTRUCTION, ARMY provision proposed by the Senate related to tion projects in Iraq. The agreement includes Committee funding. The House included no (INCLUDING RESCISSION) a provision as proposed by the Senate to re- similar language. The conferees agree to provide $1,326,231,000 quire a prefinancing statement for each for Military Construction, Army, instead of project in Afghanistan be submitted to $1,407,231,000 as proposed by the House and NATO before funds can be obligated or ex- $1,278,731,000 as proposed by the Senate. The pended. The funds are provided as follows:

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

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

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

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

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

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

Worldwide: Unspecified ...... Planning and Design ...... 14,150 11,00 Total ...... 239,031 235,881

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

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

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

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

Activity Request House Senate Conference

Afghanistan Operations ...... 123,900 169,800 173,000 159,100 Air Mobility (non-add) ...... [17,000] — [57,000] [42,000] Public Diplomacy (non-add) ...... [22,100] [33,000] [31,000] [32,100] Worldwide Security Protection ...... 101,545 121,545 101,545 116,545 Other Agencies ...... 137,600 157,600 135,629 137,600

Subtotal—Afghanistan ...... 363,045 448,945 410,174 413,245

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

Subtotal—Pakistan ...... 45,540 45,540 45,540 45,540

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

Subtotal—Iraq ...... 150,000 486,000 150,000 486,000

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

Subtotal—Global Programs ...... 35,730 35,730 39,730 53,105

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

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

Activity Request House Senate Conference

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

Pakistan: Islamabad—Construction/Renovation ...... 736,500 736,500 735,500 735,500 Lahore—Acquisition, Mitigation and Development ...... 29,600 29,600 29,500 29,500 Peshawar—NOB and Housing ...... 40,100 131,000 40,000 131,000 Subtotal—Pakistan ...... 806,200 897,100 805,000 896,000

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

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

Civilian Surge.—The conferees urge the Sec- Appropriations on the outcome of these ne- UNITED STATES AGENCY FOR retary of State to ensure that both office and gotiations prior to the obligation of funds for INTERNATIONAL DEVELOPMENT housing plans accommodate the surge in ci- such purpose. vilian personnel under the recently an- Pakistan facilities.—The conference agree- FUNDS APPROPRIATED TO THE PRESIDENT nounced strategy for Afghanistan and Paki- ment includes $896,000,000 for the construc- OPERATING EXPENSES stan. The conferees direct the Secretary of tion of safe and secure facilities in Pakistan, State to ensure that the spending plan re- of which $90,900,000 is contained in the fiscal The conference agreement includes quired in section 1104 includes detailed infor- year 2010 request for housing and offices in $157,600,000 for Operating Expenses, which is mation about facilities plans in Afghanistan Peshawar, as proposed by the House. $5,000,000 above the request. Of the total, and Pakistan and how such plans are inte- INTERNATIONAL ORGANIZATIONS $140,000,000 is for Afghanistan operations (in- grated into the current strategy, as proposed cluding $40,000,000 for aircraft operations); by both the House and Senate. CONTRIBUTIONS FOR INTERNATIONAL Property Acquisition in Afghanistan.—The PEACEKEEPING ACTIVITIES $7,600,000 is for Pakistan operations; and conferees are concerned about the request The conference agreement includes $10,000,000 is for West Bank and Gaza oper- for the acquisition of land for the expansion $721,000,000 for Contributions for Inter- ations. of the United States Mission in Afghanistan national Peacekeeping Activities (CIPA), The conferees direct the USAID Adminis- and direct the Department of State to con- which is $115,900,000 below the request. Fund- trator to ensure that the spending plan re- tinue negotiations with the Government of ing for programs and activities for Somalia quired in section 1104 includes information Afghanistan concerning land acquisition for is included under the heading ‘‘Peacekeeping this purpose and notify the Committees on Operations.’’ about the proposed additional personnel and

VerDate Nov 24 2008 04:53 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.111 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6735 operating costs for USAID operations in Af- paredness and response, similar to that pro- Sri Lanka.—The conferees direct the Sec- ghanistan and Pakistan. posed by the House. In addition, the con- retary of State to submit a report to the Afghanistan Airwing.—USAID should under- ferees expect additional funds to be trans- Committees on Appropriations not later take efforts to ensure that its airwing is ferred to USAID for global pandemic pre- than 45 days after enactment of this Act de- interoperable and its procedures are con- paredness and response activities from the tailing incidents during the conflict in Sri sistent with those of the Department of amounts provided under title VIII of this Lanka that may constitute violations of State and the Department of Defense. Act. international humanitarian law or crimes Personnel Report.—The conferees direct the The conferees include language, proposed against humanity, and, to the extent prac- USAID Administrator to submit a report to by the House, providing authority to the ticable, identifying the parties responsible. the Committees on Appropriations not later President to use funds appropriated under INTERNATIONAL DISASTER ASSISTANCE than 45 days after enactment of this Act on the headings ‘‘Global Health and Child Sur- USAID’s promotion process as it relates to vival’’, ‘‘Development Assistance’’, ‘‘Eco- The conference agreement includes any preferential consideration given for nomic Support Fund’’, and ‘‘Millennium $270,000,000 for International Disaster Assist- service in Iraq, Afghanistan, and Pakistan as Challenge Corporation’’ to combat an H1N1 ance, which is $40,000,000 above the revised compared to other hardship posts, as pro- influenza pandemic, if he determines that request, of which not less than $55,000,000 is posed by the Senate. the human-to-human transmission of the intended to meet the growing needs of inter- virus is virulent, efficient and sustained, se- CAPITAL INVESTMENT FUND nally displaced persons in Pakistan. The bal- vere, spreading internationally to multiple ance of funds is available to meet basic needs The conference agreement includes regions, and has been designated by the of internally displaced persons in Africa, the $48,500,000 for Capital Investment Fund, World Health Organization (WHO) to be at Middle East, and South and Central Asia, which is the same as the request. the highest phase of the Global Influenza and to respond to other humanitarian crises. OFFICE OF INSPECTOR GENERAL Pandemic Alert. The conferees are aware of The conferees urge USAID and the Depart- The conference agreement includes ongoing efforts to clarify the WHO’s pan- ment of State to ensure the provision of hu- $3,500,000 for Office of Inspector General for demic definition and reiterate that this au- manitarian assistance to those displaced in increased oversight of programs in Afghani- thority is only for use if H1N1 is a severe Sri Lanka. In addition, the conferees encour- stan and Pakistan, which is $3,500,000 above global threat. In the event that the Presi- age the Secretary of State and the USAID the request. In addition, the agreement in- dent exercises this authority, the conferees Administrator to support, through other rel- cludes language under the heading ‘‘Eco- expect the Office of Management and Budget evant assistance accounts, programs that in- nomic Support Fund’’ transferring $2,000,000 to seek replenishments for any funds repro- crease and integrate the participation of to the Office of Inspector General for over- grammed from these accounts. Tamils in Sri Lankan society and foster rec- Global Fund.—The conference agreement sight of USAID activities in the West Bank onciliation between ethnic Tamil and Sin- also includes $100,000,000 for an additional and Gaza. halese communities. United States contribution to the Global BILATERAL ECONOMIC ASSISTANCE Fund to Fight AIDS, Tuberculosis and Ma- ECONOMIC SUPPORT FUND FUNDS APPROPRIATED TO THE PRESIDENT laria, as proposed by the House. The Senate The conference agreement includes GLOBAL HEALTH AND CHILD SURVIVAL had proposed $50,000,000. $2,973,601,000 for Economic Support Fund, The conference agreement includes DEVELOPMENT ASSISTANCE which is $30,899,000 above the revised request. $150,000,000 for Global Health and Child Sur- The conference agreement includes no Funds made available under the heading are vival, which is $150,000,000 above the request. funding for Development Assistance, which to be allocated according to the following Global Pandemic Preparedness and Re- is $38,000,000 below the request. Funding for table and are subject to the terms and condi- sponse.—The conference agreement provides Kenya is provided under the ‘‘Economic Sup- tions of section 1103 (a) and (b) concerning $50,000,000 to support global pandemic pre- port Fund’’ heading. allocations and notifications: ECONOMIC SUPPORT FUND [Budget authority in thousands of dollars]

Country/program and activity Request House Senate Conference

Countries Afghanistan: Afghan Civilian Assistance Program ...... 0 ...... 11,000 12,000 Afghan Reconstruction Trust Fund ...... 85,000 ...... 115,000 115,000 National Solidarity Program (non-add) ...... [20,000] [70,000] [70,000] [70,000] Agriculture ...... 85,000 ...... 100,000 100,000 Alternative Development ...... 55,000 ...... 65,000 65,000 Cross Border Development Program (non-add) ...... 0 ...... [10,000] [10,000] Widows Assistance ...... 0 ...... 5,000 5,000 Women NGOs ...... 0 ...... 30,000 30,000 Capacity Building (non-add) ...... 0 ...... [5,000 ] [5,000 ] Program Support (non-add) ...... 0 ...... [25,000] [25,000] Subtotal, Allocated ...... 225,000 0 326,000 327,000 Unallocated ...... 614,000 839,000 540,000 534,000 Subtotal, Afghanistan ...... 839,000 839,000 866,000 861,000

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

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

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

Other Countries Burma ...... 13,000 13,000 13,000 13,000 Democratic Republic of the Congo ...... 0 0 10,000 10,000 Egypt ...... 0 50,000 0 50,000 Jordan ...... 0 100,000 150,000 150,000 Kenya ...... 0 18,000 0 35,000 North Korea ...... 95,000 0 0 0 Somalia ...... 0 10,000 10,000 10,000

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Country/program and activity Request House Senate Conference

Sudan ...... 0 15,000 0 10,000 Yemen ...... 0 0 15,000 10,000 Zimbabwe ...... 45,000 28,000 45,000 40,000 Subtotal, Other Countries ...... 153,000 234,000 243,000 328,000

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

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

Africa Jordan.—The conference agreement in- reporting requirements. Funds should be de- Democratic Republic of the Congo (DRC).— cludes $150,000,000 for assistance for Jordan posited in a separate, traceable account and The conference agreement includes to help mitigate the impact of the global be allocated toward operations in specific $10,000,000 for programs and activities to as- economic crisis including for health, edu- sectors. The Secretary of State is directed to sist victims of gender-based violence in the cation, water and sanitation, and other im- consult with the Committees on Appropria- DRC. pacts resulting from refugee populations in tions prior to the provision of any budget Somalia.—The conference agreement in- Jordan. support, including on the amounts, uses and cludes $10,000,000 to support programs to pro- West Bank and Gaza.—The conference oversight of such funds as well as on the bi- vide employment opportunities for youth agreement includes not more than lateral agreement. and to support capacity building of govern- $551,000,000 for economic and humanitarian The conferees intend that the majority of mental institutions and civil society organi- assistance for the West Bank and Gaza, the $399,000,000 in unallocated assistance for zations to promote good governance. which is $5,000,000 below the request. The Pakistan be used to support programs in the East Asia and Pacific conferees note that $5,000,000 for USAID Federally Administered Tribal Areas and the Burma.—The conference agreement in- admininstrative expenses are included under North-West Frontier Province to counter the cludes $13,000,000 for assistance for Burma, of the heading ‘‘Operating Expenses’’. Of the influence of violent extremists through local which $10,000,000 is for continuing humani- amount provided, up to $200,000,000 is avail- initiatives, including infrastructure, health, tarian assistance to Cyclone Nargis-affected able for cash transfer assistance to the Pal- education, governance, rule of law, and em- areas inside Burma and $3,000,000 is for hu- estinian Authority in the West Bank. The ployment opportunities. USAID’s Office of manitarian assistance for refugees, migrants conferees continue the prohibition on sala- Transition Initiatives should be utilized to in Thailand, and internally displaced per- ries for personnel of the Palestinian Author- the maximum extent practicable in imple- sons. The conferees direct the Department of ity located in Gaza. The conferees continue menting such programs. State and USAID to ensure that no assist- all terms and conditions of division H of The conferees direct the USAID Adminis- ance flows to or through the Burmese gov- Public Law 111–8 with respect to assistance trator to consult with the Committees on ernment, its bureaucracy, or regime-affili- for the West Bank and Gaza. Appropriations on the use of up to $5,000,000 ated organizations, such as government-or- Yemen.—The conference agreement in- to establish and implement a program in ganized NGOs. cludes $10,000,000 for assistance for Yemen to Pakistan modeled on the Afghan Civilian As- The conferees direct the Comptroller Gen- support education and other programs and sistance Program, to assist families and eral of the United States to conduct an as- activities administered by USAID, con- communities that suffer losses as a result of sessment of the assistance provided by the sistent with the Tribal Engagement Plan. the military operations. United States in response to Cyclone Nargis South and Central Asia The conferees also direct the Secretary of in Burma, as proposed by the Senate, as well Afghanistan.—The conference agreement State to submit a report not later than 180 as an assessment of the methods of delivery, includes $861,000,000 for Afghanistan, and pro- days after enactment of this Act detailing a effectiveness, and accountability of humani- vides that not less than $150,000,000 appro- multi-year strategy to promote democracy tarian and development assistance for priated in fiscal year 2009 for assistance for and good governance in Pakistan, including Burma from other donors. Afghanistan under the headings ‘‘Economic funding requirements to implement such a The conferees direct the Secretary of State Support Fund’’ and ‘‘International Narcotics strategy. Cross Border Programs.—The conferees rec- to submit a report to the Committees on Ap- Control and Law Enforcement’’ shall be ommend up to $20,000,000 from within the propriations not later than 30 days after en- made available to support programs that di- amounts provided for Afghanistan and Paki- actment of this Act that details the findings rectly address the needs of Afghan women stan for a new cross border stabilization and and recommendations of the Department of and girls. The conferees direct USAID and development program between Afghanistan State’s review of United States policy to- the Special Envoy for Afghanistan and Paki- and Pakistan or between either country and ward Burma. stan to consult with the Department of the Central Asian republics to strengthen Near East State’s Ambassador-at-Large for Global governance and the rule of law, enhance ac- Iraq.—The conference agreement includes Women’s Issues concerning the use of these cess to media, support small-scale energy de- $439,000,000 for assistance for Iraq. The con- funds. The conferees direct USAID to in- velopment, create educational and employ- ferees direct the Department of State and crease its support for Afghan women’s orga- ment opportunities particularly for Afghan USAID to clarify to the Committees on Ap- nizations that address the needs and rights and Pakistani youth, and promote regional propriations the funding streams for democ- of Afghan women and girls. The conference cooperation, stability, and security. The racy and governance program implementers agreement provides not less than $5,000,000 Special Representative for Afghanistan and in the fiscal year 2010 budget request. for capacity building for Afghan women-led Pakistan at the Department of State shall The conference agreement includes nongovernmental organizations, and not less administer these funds, in consultation with $2,000,000 for the preservation of Iraqi cul- than $25,000,000 to support programs and ac- USAID and the Department of Defense. tural antiquities to be administered by the tivities of such organizations, including to Ambassador’s Fund for Cultural Preserva- provide legal assistance and training for Af- Other tion, and directs the Department of State to ghan women and girls about their rights, and Global Financial Crisis.—The conference consult with the Committees on Appropria- to promote women’s health (including men- agreement includes $255,601,000 for assistance tions prior to the obligation of funds for tal health), education, and leadership. for vulnerable populations in developing these activities. The conferees also direct that not less than countries affected by the global financial cri- The conferees are concerned about the $70,000,000 shall be made available for the Na- sis. The Department of State and USAID are treatment of women in Iraq, and urge the tional Solidarity Program in Afghanistan. directed to report to the Committees on Ap- Department of State and USAID to continue Pakistan.—The conference agreement in- propriations not later than 45 days after en- efforts to encourage the incorporation of cludes $539,000,000 for assistance for Paki- actment of this Act and prior to the obliga- women in stabilizing Iraq and creating its stan. The conferees recognize that funds may tion of funds on implementation of this pro- government institutions. The conferees are be considered for direct budget support for gram, including on the transfer of funds to also concerned about the plight of women the Government of Pakistan, and direct that the Overseas Private Investment Corpora- and religious minorities, including Iraqi a bilateral agreement be in place prior to the tion and to the Development Credit Author- Christians, amongst displaced and refugee provision of any direct budget support. Such ity. The report should include detailed infor- populations and urges that programs of sup- an agreement should be structured to pro- mation on the programming of funds and the port for displaced and refugee populations vide maximum accountability and oversight, results of a review, and reprogramming, if take into account the needs of these minor- and should contain conditions for disburse- appropriate, of existing USAID programs in ity groups. ments of funds and detailed monitoring and targeted countries.

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In addition, the conferees direct that fund- for assistance for the Kyrgyz Republic to im- DEPARTMENT OF STATE ing provided to the Millennium Challenge prove air traffic control and safety, as pro- INTERNATIONAL NARCOTICS CONTROL AND LAW Corporation (MCC) in prior acts may be re- posed by the Senate, which is $29,500,000 ENFORCEMENT programmed to mitigate the impact of the above the request. The conference agreement The conference agreement includes global financial crisis in MCC compact or includes permissive authority to expand the $487,500,000 for International Narcotics Con- threshold countries. availability of funds to other Eurasian coun- trol and Law Enforcement, which is ASSISTANCE FOR EUROPE, EURASIA AND tries allowing flexibility to the Department $98,000,000 above the request. Funds made CENTRAL ASIA of State to address unanticipated events. available under the heading are to be allo- The conference agreement includes cated according to the following table and $272,000,000 for Assistance for Europe, Eur- are subject to the terms and conditions of asia and Central Asia, of which $242,000,000 is section 1103 (a) and (b) concerning alloca- for assistance for Georgia, and $30,000,000 is tions and notifications: INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [Budget authority in thousands of dollars]

Country/Activity Request House Senate Conference

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

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

Afghanistan.—The conferees remain con- the training of Palestinian security forces, (3) taking necessary and appropriate meas- cerned with continuing reports of violence including the training, curriculum, and ures to ensure it is operating in compliance against women and girls in Afghanistan, who equipment provided, an assessment of the ef- with the conditions of section 301(c) of the lack adequate protection by the police or re- fectiveness of the training and the perform- Foreign Assistance Act of 1961; (4) con- course from the Afghan judicial system. The ance of forces after training is completed, tinuing regular reporting to the Department conference agreement provides not less than and an assessment of factors that limit the of State on actions it has taken to ensure $10,000,000 to train and support Afghan operational capabilities of forces trained. conformance with the conditions of section women investigators, police officers, pros- NONPROLIFERATION, ANTI-TERRORISM, 301(c) of the Foreign Assistance Act of 1961; ecutors and judges with specific responsi- DEMINING AND RELATED PROGRAMS (5) taking steps to improve the transparency bility for investigating, prosecuting, and The conference agreement includes of all educational materials currently in use punishing crimes of violence against women $102,000,000 for Nonproliferation, Anti-Ter- in UNRWA-administered schools; (6) using and girls. rorism, Demining and Related Programs, curriculum materials in UNRWA-supported The conferees intend that the Secretary of which is $20,000,000 below the request. Within schools and summer camps designed to pro- State and the USAID Administrator, in co- the total, $77,000,000 is provided for the Non- mote tolerance, non-violent conflict resolu- operation with the Secretary of Defense, will proliferation and Disarmament Fund for nu- tion and human rights; (7) not engaging in ensure that civilian personnel assigned to clear dismantlement and related activities, operations with financial institutions or re- serve in Afghanistan receive civilian-mili- as well as for border security equipment, lated entities in violation of relevant United tary coordination training that focuses on training, and program management to pre- States law and is enhancing its transparency counterinsurgency and stability operations. vent smuggling of illicit goods into Gaza. and financial due diligence and working to The conferees direct the Secretary of State The conference agreement includes a pro- diversify its banking operations in the re- to submit a report to the Committees on Ap- vision that the Secretary of State shall work gion; and (8) in compliance with the United propriations not later than 90 days after en- assiduously to facilitate the regular flow of Nations Board of Auditors’ biennial audit re- actment of this Act, detailing how such people and licit goods in and out of Gaza at quirements and is implementing in a timely training addresses current and future civil- established border crossings. The conferees fashion the Board’s recommendations. ian-military coordination requirements. direct the Secretary of State to submit a re- Mexico.—The conference agreement in- INTERNATIONAL SECURITY ASSISTANCE port to the Committees on Appropriations cludes $160,000,000 for assistance for Mexico, not later than 45 days after enactment of FUNDS APPROPRIATED TO THE PRESIDENT and requires the Department of State to sub- this Act, and every 90 days thereafter until mit to the Committees on Appropriations a PEACEKEEPING OPERATIONS September 30, 2010, detailing progress in this spending plan for such funds not later than effort. The conference agreement includes 45 days after enactment of this Act. $185,000,000 for Peacekeeping Operations MIGRATION AND REFUGEE ASSISTANCE The conference agreement provides that (PKO), which is $135,000,000 above the re- none of the funds appropriated in this title The conference agreement includes quest. The conferees do not include the shall be used for the cost of fuel for aircraft $390,000,000 for Migration and Refugee Assist- transfer authority to allow funds to be shift- purchased with funds provided in this title ance, which is $57,000,000 above the revised ed between accounts, as proposed by the Sen- for Mexico, or to support the operations and request to respond to urgent humanitarian ate. requirements for refugees and internally dis- maintenance costs of aircraft purchased by Democratic Republic of the Congo (DRC).— placed persons (IDPs) in the Middle East, the Government of Mexico. The conference agreement includes The conferees direct the Secretary of State South and Central Asia, including Pakistan $15,000,000 for the DRC, which is $5,000,000 to submit a report to the Committees on Ap- and Sri Lanka, Southeast Asia, Africa, Co- above the request, for training costs and pro- propriations not later than 45 days after en- lombia and other refugees and IDPs around curement of equipment to support a profes- actment of this Act detailing actions taken the world. sional rapid reaction force, as proposed by by the Government of Mexico since June 30, United Nations Relief and Works Agency the Senate. The conferees direct that any 2008, to investigate, prosecute, and punish (UNRWA).—The conference agreement pro- training of a rapid reaction force provided violations of internationally recognized vides up to $119,000,000 for UNRWA for activi- with the use of PKO funding from this or human rights by members of the Mexican ties in the West Bank and Gaza. The Sec- prior acts, shall ensure that all members and Federal police and military forces, and to retary of State is to submit a report to the units be trained in the fundamental prin- support a thorough, independent, and cred- Committees on Appropriations not later ciples of respect for human rights and pro- ible investigation of the murder of American than 45 days after enactment of this Act, on tection of civilians with a focus on the pre- citizen Bradley Roland Will. whether UNRWA is: (1) utilizing Operations Palestinian Security Forces.—The conferees Support Officers in the West Bank and Gaza vention of rape and other sexual abuse. support continued funding for the training of to inspect UNRWA installations and report Multinational Force and Observer Mission Palestinian Security Forces, and direct the any inappropriate use; (2) acting promptly to (MFO).—The conference agreement provides Secretary of State to submit a report to the deal with any staff or beneficiary violations $2,000,000 for the MFO in the Sinai for activi- Committees on Appropriations not later of its own policies (including the policies on ties that facilitate communications between than 90 days after enactment of this Act, in neutrality and impartiality of employees) the parties to the Treaty of Peace. classified form if necessary, on the use of as- and the legal requirements under section Somalia.—The conference agreement pro- sistance provided by the United States for 301(c) of the Foreign Assistance Act of 1961; vides $168,000,000 for assistance for Somalia,

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of which $115,900,000 may be used to pay as- ment in Israel of defense articles and serv- IRAQ sessed expenses of international peace- ices, including research and development. The conference agreement provides certain keeping activities in Somalia and $52,100,000 PAKISTAN COUNTERINSURGENCY CAPABILITY conditions and limitations relating to assist- may be used for security sector reform. FUND ance for Iraq, including matching funds, as The conferees are concerned with the re- (INCLUDING TRANSFER OF FUNDS) proposed by the Senate. cent surge of piracy off the coast of the Horn PROHIBITION ON ASSISTANCE TO HAMAS of Africa and direct the Secretary of State to The conference agreement includes submit a report to the Committees on Appro- $700,000,000 for a new Pakistan Counterinsur- The conference agreement prohibits assist- priations, not later than 90 days after enact- gency Capability Fund (PCCF) under the De- ance to Hamas or any entity effectively con- ment of this Act, on the feasibility of cre- partment of State, which becomes available trolled by Hamas, and further prohibits as- ating an indigenous maritime capability in on September 30, 2009 and remains available sistance to any power-sharing government of Somalia to combat piracy. through fiscal year 2011. The conferees sup- which Hamas is a member unless such gov- port the Administration’s efforts to increase ernment, including all of its ministers or INTERNATIONAL MILITARY EDUCATION AND the counterinsurgency capability of the Pak- such equivalent, has met certain conditions. TRAINING istani security forces to help Pakistan defeat The conferees believe that a public accept- The conference agreement includes the extremist networks that are operating ance should be an acceptance in writing by $2,000,000 for International Military Edu- within its territory. As the Secretary of such government and its ministers, as pro- cation and Training, which is the same as State is the principal adviser to the Presi- posed by the House and Senate. the request, for education and training of dent on foreign policy matters, the conferees TERMS AND CONDITIONS Iraqi Security Forces. believe the PCCF should be under the au- FOREIGN MILITARY FINANCING PROGRAM thority of the Department of State. The con- The conference agreement stipulates that The conference agreement includes ferees believe that the Department of State unless designated otherwise in this title, the $1,294,000,000 for Foreign Military Financing possesses the institutional capacity to man- terms and conditions contained in the De- Program (FMF), which is $1,195,600,000 above age this account, working in close coordina- partment of State, Foreign Operations, and the request. tion with the Department of Defense. The Related Programs Appropriations Act, 2009 Mexico.—The conference agreement in- conferees also provide funding for the PCCF (division H of Public Law 111–8) shall apply cludes $260,000,000 to expand aviation support for fiscal year 2009 to the Department of De- to funds appropriated by this title, except for the Mexican Navy, and includes language fense and direct the Secretary of State and sections 7070(e) with respect to funds made to ensure the expeditious delivery of such the Secretary of Defense to jointly develop a available for macroeconomic growth assist- equipment. plan for transitioning the PCCF from the De- ance for Zimbabwe, and 7042(a) and (c), as Lebanon.—The conference agreement in- partment of Defense to the Department of proposed by the House and similar to that cludes $69,000,000 for assistance for Lebanon. State for fiscal year 2010. The conferees ex- proposed by the Senate. The conferees direct that no assistance may pect the Department of State to consult MULTILATERAL DEVELOPMENT BANKS be made available for obligation until the closely on the uses of the PCCF to ensure REPLENISHMENTS Secretary of State reports to the Commit- that the funds are obligated and expended in The conference agreement amends perma- tees on Appropriations on the vetting proce- a timely manner, and sufficient oversight nent law to authorize appropriations for the dures in place to determine eligibility to mechanisms exist. fifteenth replenishment of the International participate in United States training and as- GENERAL PROVISIONS, THIS TITLE Development Association and the eleventh sistance programs funded under this ac- The conference agreement includes the fol- replenishment of the African Development count. lowing general provisions for this title: Fund, including the Multilateral Debt Relief The conferees direct the Secretary of State Initiative, as proposed by the Senate. to report on the procedures in place to en- EXTENSION OF AUTHORITIES PROMOTION OF POLICY GOALS AT THE WORLD sure that no funds are provided to any indi- The conference agreement extends certain BANK GROUP viduals or organizations that have any authorities necessary to expend Department known links to terrorist organizations in- of State and foreign assistance funds. The conference agreement amends perma- nent law regarding the World Bank’s ‘‘Doing cluding Hezbollah, and mechanisms to mon- AFGHANISTAN Business Report’’ and World Bank policies itor the use of the funds. The conference agreement imposes certain The conferees direct that the Department relating to the Inspection Panel, as proposed conditions and limitations on assistance for of State consult with the Committees on Ap- by the Senate. Afghanistan, including assistance for Afghan propriations prior to the obligation of funds women and girls, contracts and grants, ac- CLIMATE CHANGE MITIGATION AND GREENHOUSE provided for assistance for Lebanon in this quisition of land, United Nations Develop- GAS ACCOUNTING title. ment Program (UNDP), the National Soli- The conference agreement amends perma- Security Assistance to Near East Countries.— darity Program, airwing implementation, nent law regarding World Bank policies re- The conference agreement includes funding and anti-corruption. The conferees are aware lating to greenhouse gas accounting and cli- for a portion of the fiscal year 2010 budget re- of the efforts by UNDP and USAID to resolve mate change mitigation, as proposed by the quest for security assistance for Jordan, concerns related to program implementation Senate. Egypt, and Israel, the amounts of which are and these efforts should continue. not in addition to the funds requested for fis- MULTILATERAL DEVELOPMENT BANK REFORM cal year 2010. ALLOCATIONS The conference agreement requires the Jordan.—The conference agreement pro- The conference agreement requires that Secretary of the Treasury to seek to ensure vides $150,000,000 for assistance for Jordan, as funds in the specified accounts shall be allo- that the multilateral development banks dis- proposed by the House. The fiscal year 2010 cated as indicated in the respective tables in close their operating budgets, rigorously budget request, based upon a Memorandum this joint statement, as proposed by the Sen- evaluate their programs and financing, and of Understanding between the United States ate and similar to that proposed by the endorse the Extractive Industry Trans- and Jordan, totals $300,000,000. House. Any change to these allocations shall parency Initiative. It also requires coordina- Egypt.—The conference agreement provides be subject to the regular notification proce- tion between the Secretary of the Treasury, $260,000,000 for FMF grants for Egypt, which dures of the Committees on Appropriations. Secretary of State, USAID Administrator, shall be transferred to an interest bearing SPENDING PLAN AND NOTIFICATION PROCEDURES and other relevant Federal agencies, on account for Egypt in the Federal Reserve United States policy relating to the develop- The conference agreement requires the Bank of New York not later than October 30, ment activities of the World Bank Group, as Secretary of State to provide detailed spend- 2009, similar to that proposed by the House. proposed by the Senate. ing plans to the Committees on Appropria- The fiscal year 2010 budget request totals tions on the uses of funds appropriated in OVERSEAS COMPARABILITY PAY ADJUSTMENT $1,300,000,000. this title, similar to that proposed by the The conference agreement authorizes lo- Israel.—The conference agreement provides House and Senate. These funds are also sub- cality pay adjustments for fiscal year 2009 $555,000,000 for FMF grants for Israel, which ject to the regular notification procedures of for members of the Foreign Service sta- shall be available not later than October 30, the Committees on Appropriations. tioned overseas comparable to that if such 2009, similar to that proposed by the House. member’s official duty station were in the The fiscal year 2010 budget request, based GLOBAL FINANCIAL CRISIS District of Columbia, as proposed by the Sen- upon a Memorandum of Understanding be- The conference agreement provides for as- ate. tween the United States and Israel, totals sistance for countries severely affected by $2,775,000,000. The conference agreement pro- the global financial crisis, requires the Sec- REFUGEE PROGRAMS AND OVERSIGHT vides that to the extent that the Govern- retary of State to submit a report prior to The conference agreement provides that up ment of Israel requests that FMF grant making assistance available, and provides to $119,000,000 from funds appropriated under funds for Israel be used for such purposes, authority to transfer funds to the Develop- the ‘‘Migration and Refugee Assistance’’ and as agreed by the United States and ment Credit Authority and the Overseas Pri- heading in this title may be made available Israel, funds may be made available for ad- vate Investment Corporation. The provision to UNRWA for the West Bank and Gaza and vanced weapons systems, of which includes reprogramming authority to the transfers $1,000,000 of the funds made avail- $145,965,000 shall be available for the procure- MCC. able under the ‘‘Economic Support Fund’’

VerDate Nov 24 2008 04:07 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.118 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6739 heading to the Inspector General of the De- thority, as proposed by the Senate. The the Secretary of the Treasury to instruct the partment of State for oversight of activities House did not include a similar provision. United States Executive Director of the in the West Bank and Gaza and surrounding GENERAL PROVISIONS—THIS TITLE Fund to consent to amendments to the New region, similar to that proposed by the Section 1201 removes a limitation that pre- Arrangements to Borrow and to make loans, House. The agreement includes the UNRWA vents the State of North Dakota from spend- in an amount not to exceed the dollar equiv- report requirement proposed by the House in ing more than $10,000,000 of highway funding alent of 75 billion SDRs, in addition to modified form under the ‘‘Migration and Ref- from the emergency relief program in any amounts previously authorized, as proposed ugee Assistance’’ heading in this joint state- given year on the repair and strengthening by the Senate. ment. of the roads surrounding Devils Lake, as pro- SEC. 1402. The conference agreement in- TECHNICAL AND OTHER PROVISIONS posed by the Senate. The House did not in- cludes a provision, as requested, authorizing The conference agreement includes the fol- clude a similar provision. the United States Governor of the Fund to lowing technical and other provisions: sub- Section 1202 allows transit agencies to use agree to and accept amendments to the Arti- section (a) of this provision modifies a limi- up to 10 percent of the formula grants pro- cles of Agreement of the Fund as proposed in tation in current law regarding assistance vided in the American Recovery and Rein- resolutions approved by the Fund’s Board on for Egypt, similar to that proposed by the vestment Act (ARRA) for operating ex- April 28, 2008 and May 5, 2008. The provision Senate; subsection (b) applies the regular no- penses. The conferees modified the original further authorizes the United States Gov- tification procedures to funds that are trans- Senate language to clarify that 10 percent of ernor of the Fund, as requested, to consent ferred to the Department of State or USAID, the funds provided in ARRA for intercity bus to an increase in the United States quota in similar to that proposed by the Senate; sub- service shall also be available to cover oper- the Fund equivalent to 43,973,100,000 SDRs. section (c) authorizes USAID to recruit re- ating expenses which is consistent with ex- The provision also authorizes the Secretary tired Civil Service employees as re-employed isting law. The House did not include a simi- of the Treasury, as requested, to instruct the annuitants to serve in Iraq, Afghanistan, or lar provision. United States Executive Director of the Section 1203 includes a provision proposed Pakistan through 2010, similar to that pro- Fund to agree to the sale of 12,965,649 ounces by the Senate which replaces the $50,000,000 posed by the Senate; and subsection (d) au- of the Fund’s gold. Since the Fund relies pri- allocation provided in Public Law 110–329 thorizes a financial incentive to employees marily on income from lending operations to with an $80,000,000 allocation, and designates who agree to remain in these posts for an ad- finance lending activities and expenses, the this funding for tenant-based Section 8 fund- ditional year through 2010, similar to that sale of gold will finance an endowment, the ing for all areas affected by Hurricanes proposed by the Senate; and subsection (e) return on which will finance a portion of its Katrina and Rita. The House did not include administrative expenses. The conferees di- provides certain transfer authority, as pro- a similar provision. posed by the Senate. rect the Secretary of Treasury to seek to en- Section 1204 clarifies that eligible recipi- sure that the Fund provides support to low- AFGHANISTAN AND PAKISTAN COMMITMENT AND ents for the funds provided in ARRA for gap income countries by making available Fund CAPABILITIES REPORT financing include owners of affordable hous- resources of not less than $4,000,000,000 and The conference agreement requires that ing tax credits under section 1400N of the In- that such resources should be provided as the President report to the Committees on ternal Revenue Code of 1986, known as ‘‘dis- loans with substantial concessionality and Appropriations on whether the Governments aster credits’’ or ‘‘Go Zone’’ credits, as well debt service payment relief and/or grants, as of Afghanistan and Pakistan are dem- as owners of projects that receive low in- proposed by the Senate. onstrating the necessary commitment, capa- come housing tax credits under section 42(h) SEC. 1403. The conference agreement re- bility, conduct and unity of purpose to war- of the Internal Revenue Code of 1986, as pro- quires the Secretary of the Treasury, in con- rant the continuation of the President’s pol- posed by the Senate. The House did not in- sultation with the United States Executive icy announced on March 27, 2009, similar to clude a similar provision. Director of the World Bank and the Execu- that proposed by the House. Section 1205 includes a new provision tive Board of the Fund, to submit a report UNITED STATES POLICY REPORT ON which clarifies prevailing wage requirements detailing the steps taken to coordinate the AFGHANISTAN AND PAKISTAN for housing funds provided in ARRA. activities of the World Bank and the Fund to The conference agreement requires a re- TITLE XIII—CONSUMER ASSISTANCE TO avoid the duplication of missions, and steps port on the objectives of United States pol- RECYCLE AND SAVE ACT taken by the Department of the Treasury icy in Afghanistan and Pakistan, metrics to The conference agreement includes a new and the Fund to increase the oversight and assess progress in achieving the objectives, title providing $1 billion for vouchers of accountability of Fund activities. The con- an assessment of progress, and recommenda- $3,500 or $4,500 to be applied toward the pur- ference agreement requires the United tions for additional resources or authorities, chase or lease of a new fuel efficient auto- States Executive Director of the Fund to use if any, as proposed by the Senate. mobile or truck from July 1–November 1, the voice and vote of the United States to The conference agreement does not include 2009. To qualify for a voucher under this au- oppose any loan, project, agreement, or a provision proposed in the request providing thority the vehicle turned in must be other activity that imposes budget con- the availability of assistance for Burma and scrapped, and the purchased vehicle must straints, and to promote social spending in Afghanistan notwithstanding any other pro- achieve greater fuel efficiency than the vehi- the country. All provisions were proposed by vision of law. The conference agreement in- cle to be turned in. the Senate. cludes limited notwithstanding authority for TITLE XIV—OTHER MATTERS SEC. 1404. The conference agreement in- Burma under the heading ‘‘Economic Sup- INTERNATIONAL ASSISTANCE cludes a provision that amends the Inter- port Fund’’ and a limited notwithstanding PROGRAMS national Financial Institutions Act to re- authority for Zimbabwe in section 1108. The INTERNATIONAL MONETARY PROGRAMS quire the United States Executive Director conferees also provide limited notwith- at each of the International Financial Insti- UNITED STATES QUOTA, INTERNATIONAL standing authority for Afghanistan. The con- tutions (as defined in section 1701(c)(2) of MONETARY FUND ference agreement does not include House this Act) to use the voice and vote of the sections 21006 (Somalia) and Senate sections The conference agreement provides for an United States to oppose the provision of 1103 (Burma), 1108 (Mexico), 1115 (Assistance increase in the United States quota in the loans or other use of the funds of the respec- for Pakistan), 1116 (Special Authority), 1120 International Monetary Fund (the Fund), as tive institution to any country the govern- (Overseas Deployments), and 1122 (Additional requested, of approximately 5 billion in Spe- ment of which as repeatedly provided sup- Amount for Assistance for Georgia). cial Drawing Rights (SDRs), valued at ap- port for acts of international terrorism. proximately $8,000,000,000, in order to main- TITLE XII tain its current voting share and veto power GENERAL PROVISIONS—THIS ACT DEPARTMENT OF TRANSPORTATION within the organization, as proposed by the AVAILABILITY OF FUNDS OFFICE OF THE SECRETARY Senate. Sec. 14101. The conference agreement in- PAYMENTS TO AIR CARRIERS LOANS TO INTERNATIONAL MONETARY FUND cludes a provision proposed by both the (AIRPORT AND AIRWAY TRUST FUND) The conference agreement provides for House and Senate that limits the avail- ability of funds provided in this Act. The agreement provides $13,200,000 from loans to the Fund, as requested, of the dollar the Airport and Airway Trust Fund to re- equivalent of up to 75 billion SDRs. This will OVERSEAS DEPLOYMENTS AND EMERGENCY main available until expended to carry out enable the United States to increase its DESIGNATIONS the essential air service program as proposed share of the New Arrangements to Borrow, Sec. 14102. The conference agreement in- by the Senate. The House did not include a which establishes a set of credit lines ex- cludes a global designation, as proposed by similar provision. tended to the Fund, from approximately the House, providing that each amount in ti- $10,000,000,000 (6.6 billion SDRs) to the equiv- FEDERAL AVIATION ADMINISTRATION tles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, alent of $100,000,000,000, as proposed by the and VI, except amounts under the heading GRANTS-IN-AID FOR AIRPORTS Senate. ‘‘Coast Guard Operating Expenses’’, is des- (AIRPORT AND AIRWAY TRUST FUND) GENERAL PROVISIONS—INTERNATIONAL ignated as necessary to meet emergency (RESCISSION) ASSISTANCE PROGRAMS needs pursuant to sections 403(a) and 423(b) The agreement rescinds $13,200,000 in ex- SEC. 1401. The conference agreement in- of S. Con. Res. 13 (111th Congress), the con- cess Grants-in-Aid for Airports contract au- cludes a provision, as requested, authorizing current resolution on the budget for fiscal

VerDate Nov 24 2008 04:53 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.120 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6740 CONGRESSIONAL RECORD — HOUSE June 12, 2009 year 2010. The agreement also includes a disposition of each current detainee before year 2010 includes provisions relating to the global designation, as proposed by the House, the facility can be closed. notification of emergency spending. These providing that all other amounts in the bill, The conference agreement deletes the lan- provisions require a statement of how the except certain amounts rescinded in section guage included in title II of the Senate emergency provisions contained in the con- 309 of the conference report, are designated amendment that prohibited the use of funds ference agreement meet the criteria for as being for overseas deployment and other appropriated or made available by this or emergency spending as identified in the activities pursuant to sections 401(c)(4) and any prior Act to transfer, release or incar- budget resolution. 423(a) of S. Con. Res. 13 (111th Congress). The cerate Guantanamo detainees to or within The conference agreement contains emer- Senate included emergency and overseas de- the U.S. gency funding for fiscal year 2009 primarily ployment designations on an account-by-ac- The conference agreement also deletes a count basis. provision proposed by the House that re- for natural disasters and the threat of pan- demic influenza. Funding for natural disas- RESTRICTIONS AND REQUIREMENTS REGARDING quired the President to submit to Congress ters includes, but is not limited to, wildland THE TRANSFER AND RELEASE OF GUANTA- by October 1, 2009 a comprehensive plan on fires, flooding in the Upper Midwest and Pa- NAMO BAY DETAINEES the proposed disposition of the Guantanamo Bay detention facilities. cific Northwest, for ice storms, for Katrina Sec. 14103. The conference agreement in- CONFERENCE TOTAL—WITH COMPARISONS hurricane recovery and subsequent storms, cludes language prohibiting current detain- including Hurricanes Ike and Gustav in the The total new budget (obligational) au- ees from being released in the continental gulf coast region, and for other needs. The thority for the fiscal year 2009 recommended United States, Alaska, Hawaii or D.C. The funding is related to unanticipated needs and by the Committee of Conference, compari- agreement also prohibits current detainees is for situations that are sudden, urgent, and sons to the 2009 budget estimates, and the from being transferred to the U.S., except to unforeseen, specifically prevention of pan- House and Senate bills for 2009 follow: be prosecuted, and only 45 days after Con- demic influenza and other disasters. These gress receives a plan detailing the risks in- [In thousands of dollars] needs meet the criteria for emergencies. volved and a plan for mitigating such risk; Budget estimates of new cost of the transfer; legal rationale and court (obligational) authority, DISCLOSURE OF CONGRESSIONAL EAR- demands; and a copy of the notification pro- fiscal year 2009 ...... 92,145,120 MARKS AND CONGRESSIONALLY DI- vided to the Governor of the receiving state House bill, fiscal year 2009 96,716,971 RECTED SPENDING ITEMS (or the Mayor of the District of Columbia) 14 Senate bill, fiscal year 2009 91,283,119 days before a transfer with a certification by Conference agreement, fis- Following is a list of congressional ear- the Attorney General that the individual cal year 2009 ...... 105,850,549 marks and congressionally directed spending poses little or no security risk. Conference agreement items (as defined in clause 9 of rule XXI of Under the conference agreement, current compared with: the Rules of the House of Representatives detainees cannot be transferred or released Budget estimates of and rule XLIV of the Standing Rules of the to another country unless the President sub- new (obligational) Senate, respectively) included in the con- mits to Congress 15 days prior to such trans- authority, fiscal year ference report or the accompanying joint fer: (a) the name of the individual and the 2009 ...... +13,705,429 statement of managers, along with the name country to which the individual will be House bill, fiscal year of each House Member, Delegate, Resident transferred; (b) an assessment of risks posed 2009 ...... +9,133,578 Commissioner, or Senator who submitted a and actions taken to mitigate such risks; Senate bill, fiscal year request to the Committee of jurisdiction for and (c) the terms of the transfer agreement 2009 ...... +14,567,430 each item so identified. Neither the con- with the other country, including any finan- NOTIFICATION OF EMERGENCY ference report nor the joint statement of cial assistance. Finally, the agreement in- LEGISLATION managers contains any limited tax benefits cludes language requiring the President to The congressional budget resolution (S. or limited tariff benefits as defined in the ap- submit a report to Congress describing the Con. Res. 13) agreed to by Congress for fiscal plicable House or Senate rules. TITLE IV—ENERGY AND WATER DEVELOPMENT [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

Flood Control and Coastal Emergencies Mississippi Barrier Island Restoration $439,000,000 Cochran, Wicker

General Provision Upper Newport Bay, California Feinstein

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

Account Project Amount Requester(s)

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

TITLE VI—HOMELAND SECURITY [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

General Provision Jones Act Waiver—Drydock ALABAMA, AL Bonner, Shelby

General Provision Jones Act Waiver—Vessel MARYLAND INDEPENDENCE, MD Ruppersberger

General Provision Communications System, MS Cochran, Wicker

General Provision Hurricanes Katrina/Rita—Case Management, MS Cochran

General Provision Hurricanes Katrina/Rita—Primary and Secondary School Repair Reimbursement, LA Landrieu

General Provision Hurricane Ike—Disaster Assistance Direct Loans, TX Hutchison

General Provision Reimbursements for Presidentially Declared Disasters—TX, LA, KY, WV * Edwards (TX), Culberson, Hutchison, Melancon, Alexander (LA), Landrieu, Vitter, Rogers (KY), Byrd

TITLE X—MILITARY CONSTRUCTION [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

Military Construction, Army Mississippi Army Ammunition Plant Hurricane Damage Repair $49,000,000 Cochran, Taylor

Military Construction, Navy Vision Center of Excellence, Maryland 4,052,000 Murray, Boozman, Nye, Walz

VerDate Nov 24 2008 04:53 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.122 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6741 TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT [Congressionally Directed Spending Items]

Account Project Amount Requester(s)

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

DAVID R. OBEY, tend their remarks and include extra- transmitting certification of a proposed JOHN P. MURTHA, neous material:) technical assistance agreement for the ex- NITA M. LOWEY, Ms. WOOLSEY, for 5 minutes, today. port of technical data, defense services, and ROSA L. DELAURO, defense articles to Iraq, the United Kingdom, Mr. SCHIFF, for 5 minutes, today. CHET EDWARDS, and the United Arab Emirates (Transmittal Managers on the Part of the House. Ms. RICHARDSON, for 5 minutes, No. DDTC 032-09), pursuant to 22 U.S.C. 39, today. 36(c); to the Committee on Foreign Affairs. DANIEL K. INOUYE, (The following Members (at the re- ROBERT C. BYRD, 2128. A letter from the Assistant Secretary quest of Mr. POE of Texas) to revise and PATRICK J. LEAHY, Legislative Affairs, Department of State, extend their remarks and include ex- TOM HARKIN, transmitting certification of a proposed BARBARA A. MIKULSKI, traneous material:) manufacturing license agreement with Mex- HERB KOHL, Mr. HENSARLING, for 5 minutes, ico (Transmittal No. DDTC 011-09), pursuant PATTY MURRAY, today. to 22 U.S.C. 39, section 36(c) and (d); to the BYRON L. DORGAN, Mr. SMITH of New Jersey, for 5 min- Committee on Foreign Affairs. DIANNE FEINSTEIN, utes, today. 2129. A letter from the Secretary, Depart- RICHARD J. DURBIN, Mr. BURTON of Indiana, for 5 minutes, ment of the Treasury, transmitting a six- TIM JOHNSON, June 15, 16, 17, 18 and 19. month periodic report on the national emer- MARY L. LANDRIEU, Mr. POE of Texas, for 5 minutes, June gency with respect to the situation in or in JACK REED, 19. relation to the Democratic Republic of the FRANK R. LAUTENBERG, Congo that was declared in Executive Order E. BENJAMIN NELSON, Mr. JONES, for 5 minutes, June 19. 13413 of October 27, 2006, pursuant to 50 MARK PRYOR, Mr. FLAKE, for 5 minutes, today. U.S.C. 1641(c); to the Committee on Foreign JON TESTER, Mr. FLEMING, for 5 minutes, June 18. Affairs. ARLEN SPECTER, f 2130. A letter from the Deputy General THAD COCHRAN, Counsel for Operations, Department of Hous- KIT BOND, ENROLLED JOINT RESOLUTION ing and Urban Development, transmitting a MITCH MCCONNELL, SIGNED report pursuant to the Federal Vacancies Re- JUDD GREGG, Lorraine C. Miller, Clerk of the form Act of 1998; to the Committee on Over- ROBERT F. BENNETT, House, reported and found truly en- sight and Government Reform. LAMAR ALEXANDER, SUSAN COLLINS, rolled a joint resolution of the House of 2131. A letter from the Deputy General GEORGE V. VOINOVICH, the following title, which was there- Counsel for Operations, Department of Hous- LISA MURKOWSKI, upon signed by the Speaker: ing and Urban Development, transmitting a Managers on the Part of the Senate. H.J. Res. 40. Joint resolution to honor the report pursuant to the Federal Vacancies Re- form Act of 1998; to the Committee on Over- f achievements and contributions of Native Americans to the United States, and for sight and Government Reform. LEAVE OF ABSENCE other purposes. 2132. A letter from the Deputy General By unanimous consent, leave of ab- f Counsel for Operations, Department of Hous- sence was granted to: ing and Urban Development, transmitting a Mr. HOLT (at the request of Mr. ADJOURNMENT report pursuant to the Federal Vacancies Re- HOYER) for today. Mr. LATOURETTE. Mr. Speaker, I form Act of 1998; to the Committee on Over- Ms. ESHOO (at the request of Mr. move that the House do now adjourn. sight and Government Reform. HOYER) for today. The motion was agreed to; accord- 2133. A letter from the Senior Associate Mr. CHILDERS (at the request of Mr. ingly (at 2 o’clock and 58 minutes General Counsel, Office of the Director of HOYER) for today on account of district p.m.), under its previous order, the National Intelligence, transmitting a report pursuant to the Federal Vacancies Reform business. House adjourned until Monday, June Mr. ROGERS of Michigan (at the re- Act of 1998; to the Committee on Oversight 15, 2009, at 12:30 p.m., for morning-hour and Government Reform. quest of Mr. BOEHNER) for today on ac- debate. count of the promotion ceremony of his 2134. A letter from the Senior Associate brother, Brigadier General James Rog- f General Counsel, Office of the Director of ers, to the rank of Major General in the EXECUTIVE COMMUNICATIONS, National Intelligence, transmitting a report ETC. pursuant to the Federal Vacancies Reform United States Army. Act of 1998; to the Committee on Oversight Mr. GINGREY of Georgia (at the re- Under clause 2 of Rule XXIV, execu- and Government Reform. quest of Mr. BOEHNER) for today on ac- tive communications were taken from count of attending the memorial serv- 2135. A letter from the Chairman, United the Speaker’s table and referred as fol- States Postal Service, transmitting the ice for Sergeant Jeffrey W. Jordan, lows: Semiannual Report of the Inspector General which will be held in Rome, Georgia. 2125. A communication from the President on the Audit, Investigative, and Security Ac- Sergeant Jordan made the ultimate of the United States, transmitting a request tivities of the Postal Service (SAR) for the sacrifice for our Nation in Afghanistan for FY 2010 budget amendments for the De- period of Octoebr 1, 2008 through March 31, on June 4, 2009. partments of Commerce, Defense, Education, 2009, pursuant to 5 U.S.C. app. (Insp. Gen. Mr. JONES (at the request of Mr. Health and Human Services, Homeland Secu- Act), section 5(b); to the Committee on Over- BOEHNER) for today on account of per- rity, Justice, and State, and Other Inter- sight and Government Reform. sonal reasons. national Programs, as well as the District of 2136. A letter from the Deputy Assistant Mr. GARY G. MILLER of California (at Columbia; (H. Doc. No. 111—48); to the Com- Administrator for Operations, NMFS, Na- the request of Mr. BOEHNER) for today mittee on Appropriations and ordered to be tional Oceanic and Atmospheric Administra- on account of illness. printed. tion, transmitting the Administration’s final 2126. A letter from the Acting Director, De- rule — Magnuson-Stevens Act Provisions; f fense Security Cooperation Agency, trans- Fisheries of the Northeastern United States; SPECIAL ORDERS GRANTED mitting notification concerning the Depart- Northeast Multispecies Fishery; 2009 Georges By unanimous consent, permission to ment of the Air Force’s proposed Letter(s) of Bank Cod Fixed Gear Sector Operations Plan Offer and Acceptance to Morocco for defense and Agreement, and Allocation of Georges address the House, following the legis- articles and services (Transmittal No. 09-21), Bank Cod Total Allowable Catch [Docket lative program and any special orders pursuant to 22 U.S.C. 36(b)(1); to the Com- No.: 090123054-9591-02] (RIN: 0648-XM12) re- heretofore entered, was granted to: mittee on Foreign Affairs. ceived May 20, 2009, pursuant to 5 U.S.C. (The following Members (at the re- 2127. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Natural quest of Ms. WOOLSEY) to revise and ex- Legislative Affairs, Department of State, Resources.

VerDate Nov 24 2008 04:53 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0636 Sfmt 0634 E:\CR\FM\A12JN7.124 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE H6742 CONGRESSIONAL RECORD — HOUSE June 12, 2009 2137. A letter from the Deputy Assistant tions for the Departments of Commerce and H.R. 2845. A bill to direct the Secretary of Administrator For Operations, NMFS, Na- Justice, and Science, and Related Agencies Defense to deploy ground-based interceptors tional Oceanic and Atmospheric Administra- for the fiscal year ending September 30, 2010, as part of the missile defense system, and for tion, transmitting the Administration’s final and for other purposes (Rept. 111–149). Re- other purposes; to the Committee on Armed rule — Fisheries of the Exclusive Economic ferred to the Committee of the Whole House Services, and in addition to the Committee Zone Off Alaska; Revisions to the Pollock on the State of the Union. on Foreign Affairs, for a period to be subse- Trip Limit Regulations in the Gulf of Alaska Mr. CONYERS: Committee on the Judici- quently determined by the Speaker, in each [Docket No.: 080310410-9585-02] (RIN: 0648- ary. H.R. 2247. A bill to amend title 5, United case for consideration of such provisions as AW54) received May 20, 2009, pursuant to 5 States Code, to make technical amendments fall within the jurisdiction of the committee U.S.C. 801(a)(1)(A); to the Committee on Nat- to certain provisions of title 5, United States concerned. ural Resources. Code, enacted by the Congressional Review By Mr. BOEHNER (for himself, Mr. 2138. A letter from the Deputy Assistant Act (Rept. 111–150). Referred to the Com- ADERHOLT, Mr. AKIN, Mr. ALEXANDER, Administrator for Operations, NMFS, Na- mittee of the Whole House on the State of Mr. AUSTRIA, Mrs. BACHMANN, Mr. tional Oceanic and Atmospheric Administra- the Union. BACHUS, Mr. BARTON of Texas, Mrs. tion, transmitting the Administration’s final Mr. OBEY: Committee of Conference. Con- BIGGERT, Mrs. BLACKBURN, Mr. rule — Fisheries of the Exclusive Economic ference report on H.R. 2346. A bill making BLUNT, Mr. BONNER, Mr. BOUSTANY, Zone Off Alaska, Groundfish of the Gulf of supplemental appropriations for the fiscal Mr. BROUN of Georgia, Mr. BROWN of Alaska; Correction [Docket No.: 080721859- year ending September 30, 2009, and for other South Carolina, Mr. CALVERT, Mr. 9592-03] (RIN: 0648-AX01) received May 20, purposes (Rept. 111–151). Ordered to be print- CAMP, Mr. CANTOR, Mrs. CAPITO, Mr. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ed. CASSIDY, Mr. CHAFFETZ, Mr. COBLE, Committee on Natural Resources. Mr. BRADY of Pennsylvania: Committee Mr. COLE, Mr. CONAWAY, Mr. 2139. A letter from the Director, Office of on House Administration. House Concurrent CRENSHAW, Mr. CULBERSON, Mr. Sustainable Fisheries, NMFS, National Oce- Resolution 131. Resolution directing the Ar- DREIER, Mr. DUNCAN, Ms. FALLIN, Mr. anic and Atmospheric Administration, trans- chitect of the Capitol to engrave the Pledge FLEMING, Mr. FORBES, Ms. FOXX, Mr. mitting the Administation’s final rule — of Allegiance to the Flag and the National FRANKS of Arizona, Mr. GINGREY of Fisheries of the Exclusive Economic Zone Motto of ‘‘In God We Trust’’ in the Capitol Georgia, Mr. GOHMERT, Mr. GOOD- Off Alaska; Pollock in the West Yakutat Dis- Visitor Center (Rept. 111–152). Referred to LATTE, Ms. GRANGER, Mr. GRAVES, trict of the Gulf of Alaska [Docket No.: the Committee of the Whole House on the Mr. HALL of Texas, Mr. HARPER, Mr. 0910091344-9056-02] (RIN: 0648-XO73) received State of the Union. HENSARLING, Mr. HERGER, Mr. HOEK- May 20, 2009, pursuant to 5 U.S.C. Mr. BRADY of Pennsylvania: Committee STRA, Mr. HUNTER, Mr. ISSA, Ms. JEN- 801(a)(1)(A); to the Committee on Natural on House Administration. House Concurrent KINS, Mr. JORDAN of Ohio, Mr. KING of Resources. Resolution 135. Resolution directing the Ar- Iowa, Mr. KLINE of Minnesota, Mr. 2140. A letter from the Deputy Assistant chitect of the Capitol to place a marker in LAMBORN, Mr. LATTA, Mr. LEE of New Administrator for Operations, NMFS, Na- Emancipation Hall in the Capitol Visitor York, Mr. LUETKEMEYER, Mrs. tional Oceanic and Atmospheric Administra- Center which acknowledges the role that LUMMIS, Mr. MARCHANT, Mr. MCCAUL, tion, transmitting the Administration’s final slave labor played in the construction of the Mr. MCHENRY, Mrs. MCMORRIS ROD- rule — Magnuson-Stevens Act Provisions; United States Capitol, and for other purposes GERS, Mrs. MYRICK, Mrs. MILLER of Fisheries of the Northeastern United States; (Rept. 111–153). Referred to the Committee of Michigan, Mr. NEUGEBAUER, Mr. Northeast Multispecies Fishery; 2009 Georges the Whole House on the State of the Union. NUNES, Mr. OLSON, Mr. PENCE, Mr. Bank Cod Hook Sector Operations Plan and PITTS, Mr. POE of Texas, Mr. f Agreement, and Allocation of Georges Bank REHBERG, Mr. ROE of Tennessee, Mr. Cod Total Allowable Catch [Docket No.: PUBLIC BILLS AND RESOLUTIONS ROGERS of Alabama, Mr. ROGERS of 090122047-9252-02] (RIN: 0648-XM11) received Kentucky, Mr. ROONEY, Mr. SCALISE, May 20, 2009, pursuant to 5 U.S.C. Under clause 2 of rule XII, public Mrs. SCHMIDT, Mr. SCHOCK, Mr. SEN- 801(a)(1)(A); to the Committee on Natural bills and resolutions of the following SENBRENNER, Mr. SESSIONS, Mr. SHAD- Resources. titles were introduced and severally re- EGG, Mr. SHIMKUS, Mr. SMITH of 2141. A letter from the Chief Privacy Offi- ferred, as follows: Texas, Mr. SOUDER, Mr. TERRY, Mr. cer, Department of Homeland Security, By Ms. WASSERMAN SCHULTZ (for THOMPSON of Pennsylvania, Mr. IAHRT IBERI URNER transmitting the Department’s report enti- herself, Mr. ADERHOLT, Mr. EHLERS, T , Mr. T , Mr. T , Mr. PTON AMP OFFMAN tled, ‘‘Privacy Office Second Quarter Fiscal Mr. DANIEL E. LUNGREN of California, U , Mr. W , and Mr. C Year 2009 Report to Congress’’, pursuant to Mr. BRADY of Pennsylvania, Mr. of Colorado): H.R. 2846. A bill to increase energy inde- Public Law 110-53; to the Committee on LATHAM, and Mr. WAMP): pendence and job creation by increasing safe Homeland Security. H.R. 2843. A bill to provide for the joint ap- American energy production, encouraging pointment of the Architect of the Capitol by f the development of alternative and renew- the Speaker of the House of Representatives, able energy, and promoting greater effi- REPORTS OF COMMITTEES ON the President pro tempore of the Senate, the ciencies and conservation for a cleaner envi- PUBLIC BILLS AND RESOLUTIONS Majority and Minority Leaders of the House ronment; to the Committee on Natural Re- of Representatives and Senate, and the Under clause 2 of rule XIII, reports of sources, and in addition to the Committees committees were delivered to the Clerk chairs and ranking minority members of the on the Judiciary, Ways and Means, Energy committees of Congress with jurisdiction and Commerce, Armed Services, Oversight for printing and reference to the proper over the Office of the Architect of the Cap- calendar, as follows: and Government Reform, and Science and itol, and for other purposes; to the Com- Technology, for a period to be subsequently Mr WAXMAN: Committee on Energy and mittee on House Administration, and in ad- determined by the Speaker, in each case for Commerce. House Resolution 449. Resolution dition to the Committee on Transportation consideration of such provisions as fall with- of inquiry requesting the President to pro- and Infrastructure, for a period to be subse- in the jurisdiction of the committee con- vide certain documents in his possession to quently determined by the Speaker, in each cerned. the House of Representatives relating to the case for consideration of such provisions as By Mr. KIRK: Environmental Protection Agency’s April fall within the jurisdiction of the committee H.R. 2848. A bill to amend the Controlled proposed finding that greenhouse gas emis- concerned. Substances Act with regard to penalties for sions are a danger to public health and wel- By Mr. KIND (for himself, Mr. BRALEY trafficking in high potency marihuana, and fare (Rept. 111–146). Referred to the House of Iowa, Mr. BLUMENAUER, Mr. WALZ, for other purposes; to the Committee on the Calendar. and Mr. INSLEE): Judiciary, and in addition to the Committee Mr. WAXMAN: Committee on Energy and H.R. 2844. A bill to amend title XVIII of the on Energy and Commerce, for a period to be Commerce. House Resolution 462. Resolution Social Security Act to create a value index- subsequently determined by the Speaker, in requesting that the President transmit to ing mechanism for the physician work com- each case for consideration of such provi- the House of Representatives all information ponent of the Medicare physician fee sched- sions as fall within the jurisdiction of the in his possession relating to specific commu- ule; to the Committee on Energy and Com- committee concerned. nications with Chrysler LLC (‘‘Chrysler’’) merce, and in addition to the Committee on By Ms. SCHWARTZ: (Rept. 111–147). Referred to the House Cal- Ways and Means, for a period to be subse- H.R. 2849. A bill to require the Secretary of endar. quently determined by the Speaker, in each Health and Human Services to enter into Mr. OBEY: Committee on Appropriations. case for consideration of such provisions as agreements with States to resolve out- Report on the Allocation of Budget Alloca- fall within the jurisdiction of the committee standing claims for reimbursement under the tions for Fiscal Year 2010. (Rept. 111–148). Re- concerned. Medicare Program relating to the Special ferred to the Committee of the Whole House By Mr. FRANKS of Arizona (for him- Disability Workload project; to the Com- on the State of the Union. self, Mr. GRIFFITH, Mr. TURNER, Mr. mittee on Ways and Means, and in addition Mr. MOLLOHAN: Committee on Appropria- MARSHALL, Mr. SESSIONS, and Mr. to the Committee on Energy and Commerce, tions. H.R. 2847. A bill making appropria- LAMBORN): for a period to be subsequently determined

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by the Speaker, in each case for consider- tion of an enhanced Federal matching rate JACKSON of Illinois, Mr. DAVIS of Illi- ation of such provisions as fall within the ju- for children under the Medicaid Program if nois, Mr. LIPINSKI, Mr. KIRK, Mr. risdiction of the committee concerned. certain conditions are met; to the Com- SCHOCK, Mr. MANZULLO, and Mr. By Mr. KUCINICH (for himself, Mr. mittee on Energy and Commerce. RUSH): LATOURETTE, Mr. MCHUGH, Mr. By Mr. MURPHY of Connecticut (for H. Res. 538. A resolution supporting Olym- FRANK of Massachusetts, and Mr. himself and Mr. COURTNEY): pic Day on June 23, 2009, and encouraging the GRIJALVA): H.R. 2860. A bill to amend title XVIII of the International Olympic Committee to select H.R. 2850. A bill to provide for enhanced re- Social Security Act to provide for a Medi- Chicago, Illinois, as the host city for the 2016 tirement benefits for administrative law care operated prescription drug plan option Olympic and Paralympic Games; to the Com- judges; to the Committee on Oversight and to deliver a meaningful drug benefit and mittee on Foreign Affairs. Government Reform. lower prescription drug prices under the By Mrs. MCMORRIS RODGERS (for By Mr. BRADY of Texas (for himself, Medicare Program; to the Committee on En- herself, Mr. LARSEN of Washington, Mr. SESSIONS, and Mr. AUSTRIA): ergy and Commerce, and in addition to the Mr. BAIRD, Mr. DICKS, and Mr. H.R. 2851. A bill to amend the Internal Rev- Committee on Ways and Means, for a period REICHERT): enue Code of 1986 to exclude certain gains on to be subsequently determined by the Speak- H. Res. 539. A resolution commending So- single-family residential rental property er, in each case for consideration of such pro- nora Smart Dodd for her contribution in rec- from gross income; to the Committee on visions as fall within the jurisdiction of the ognizing the importance of Father’s Day and Ways and Means. committee concerned. recognizing the important role fathers play By Mr. BRALEY of Iowa (for himself By Mr. PETERS (for himself, Ms. WA- in our families; to the Committee on Edu- and Mr. SARBANES): TERS, Mr. DINGELL, Mr. WELCH, Mr. cation and Labor. H.R. 2852. A bill to amend the Social Secu- HOLT, Mr. DEFAZIO, and Mr. By Mr. ETHERIDGE (for himself, Mr. rity Act to build on the aging network to es- CAPUANO): PRICE of North Carolina, Mr. MILLER tablish long-term services and supports H.R. 2861. A bill to amend the Securities of North Carolina, Mr. JONES, and through single-entry point systems, evi- Exchange Act of 1934 to provide for rules and Mr. BUTTERFIELD): dence-based disease prevention and health standards relating to the election of boards H. Res. 540. A resolution expressing condo- promotion programs, and enhanced nursing of directors and certain requirements relat- lences to the families, friends, and loved home diversion programs; to the Committee ing to compensation of executives; to the ones of the victims of the catastrophic explo- on Energy and Commerce. Committee on Financial Services. sion at the ConAgra Foods plant in Garner, By Mr. BRALEY of Iowa: By Mr. SPACE: North Carolina, and for other purposes; to H.R. 2853. A bill to require the purchase of H.R. 2862. A bill to direct the Adminis- the Committee on the Judiciary. domestically made flags of the United States trator of the Small Business Administration By Mr. ABERCROMBIE (for himself of America for use by the Federal Govern- to provide education and resources to small and Ms. HIRONO): ment; to the Committee on Oversight and business concerns that assist such concerns H. Res. 541. A resolution recognizing and Government Reform. to protect themselves from phishing, and for honoring the restoration and renovation of By Mr. CANTOR: other purposes; to the Committee on Small the Bishop Museum’s historic Hawaiian Hall, H.R. 2854. A bill to require the Secretary of Business. the Nation’s premier showcase for Hawaiian the Treasury to redesign $1 Federal reserve By Ms. WOOLSEY (for herself and Mr. culture and history, on the occasion of the Museum’s 120th anniversary; to the Com- notes so as to incorporate the preamble to BISHOP of New York): the Constitution of the United States, a list H.R. 2863. A bill to amend title I of the Em- mittee on Natural Resources. describing the Articles of the Constitution, ployee Retirement Income Security Act of By Mr. GARRETT of New Jersey (for and a list describing the Amendments to the 1974 to provide for treatment of certain de- himself, Mr. MORAN of Kansas, Mr. Constitution, on the reverse side of such ferred executive compensation arrangements KISSELL, and Mr. MCGOVERN): notes; to the Committee on Financial Serv- which is comparable to certain funding- H. Res. 542. A resolution condemning the ices. based limits on benefits and benefit accruals ongoing attacks by the Lord’s Resistance Army (LRA) which have affected innocent By Ms. EDWARDS of Maryland (for imposed on defined benefit pension plans civilians in Uganda, South Sudan, Central herself, Mr. SERRANO, Mr. HINCHEY, under the Pension Protection Act of 2006; to African Republic, and the Democratic Re- Mr. PIERLUISI, Mr. GRIJALVA, and Mr. the Committee on Education and Labor. public of Congo, and for other purposes; to LANGEVIN): By Mr. YOUNG of Alaska: H.R. 2855. A bill to reduce deaths occurring H.R. 2864. A bill to amend the Hydro- the Committee on Foreign Affairs. from drug overdoses; to the Committee on graphic Services Improvement Act of 1998 to By Mrs. HALVORSON (for herself, Mr. Energy and Commerce. authorize funds to acquire hydrographic data DINGELL, Mr. MASSA, Mr. HILL, Ms. MATSUI, Mr. HALL of Texas, Mr. HIN- By Ms. FALLIN (for herself, Mr. TURN- and provide hydrographic services specific to CHEY, Mrs. MALONEY, Mr. MCGOVERN, ER, Mr. BISHOP of Utah, Mr. BOREN, the Arctic for safe navigation, delineating Ms. BEAN, Mr. CONNOLLY of Virginia, Mr. MCCOTTER, Mr. BARTLETT, Mr. the United States extended continental Mr. ISRAEL, Mr. MEEKS of New York, SAM JOHNSON of Texas, Mr. ABER- shelf, and the monitoring and description of Mr. TEAGUE, Mr. LIPINSKI, Mr. DAVIS CROMBIE, Mr. COLE, Mr. SKELTON, Mr. coastal changes; to the Committee on Nat- of Illinois, and Mr. WOLF): MCKEON, Mr. KLINE of Minnesota, Mr. ural Resources. H. Res. 543. A resolution expressing support FLEMING, and Mr. HUNTER): By Mr. YOUNG of Alaska: H.R. 2856. A bill to amend title 10, United H.R. 2865. A bill to ensure safe, secure, and for designation of June as ‘‘Home Safety Month’’; to the Committee on Energy and States Code, to require that military decora- reliable marine shipping in the Arctic in- Commerce. tions, ribbons, badges, medals, insignia, and cluding the availability of aids to naviga- other uniform accouterments used by the tion, vessel escorts, spill response capability, f Armed Forces be produced in the United and maritime search and rescue in the Arc- MEMORIALS States; to the Committee on Armed Services. tic, and for other purposes; to the Committee By Mr. FORBES (for himself, Mr. on Transportation and Infrastructure. Under clause 4 of Rule XXII, memo- BOOZMAN, Mr. SMITH of Texas, Mr. By Mr. MINNICK (for himself and Mr. rials were presented and referred as fol- FRANKS of Arizona, and Mr. WOLF): MCCOTTER): lows: H.R. 2857. A bill to amend title 18, United H. Con. Res. 151. Concurrent resolution ex- 79. The SPEAKER presented a memorial of States Code, to reduce violent gang crime pressing the sense of Congress that China re- the Senate of Pennsylvania, relative to Sen- and protect law-abiding citizens and commu- lease democratic activist Liu Xiaobo from ate Resolution No. 32 urging the Citizens nities from violent criminals, and for other imprisonment; to the Committee on Foreign Stamp Advisory Committee to recommend purposes; to the Committee on the Judici- Affairs. and the United States Postal Service to issue ary. By Mrs. MALONEY (for herself, Mr. a ‘‘Forever Stamp’’ honoring recipients of By Mr. KIND (for himself, Mr. BUR- GEORGE MILLER of California, and Mr. the Purple Heart; to the Committee on Over- GESS, and Ms. BALDWIN): BRADY of Texas): sight and Government Reform. H.R. 2858. A bill to amend titles XI and H. Con. Res. 152. Concurrent resolution 80. Also, a memorial of the House of Rep- XVIII of the Social Security Act to mod- commending the Bureau of Labor Statistics resentatives of the Northern Mariana Is- ernize the quality improvement organization on the occasion of its 125th anniversary; to lands, relative to H.J.R. No. 16-24 To support (QIO) program; to the Committee on Energy the Committee on Education and Labor. and advocate the passage of H.R. 934 now and Commerce, and in addition to the Com- By Ms. RICHARDSON: pending before the 111th United States Con- mittee on Ways and Means, for a period to be H. Con. Res. 153. Concurrent resolution gress; to the Committee on Natural Re- subsequently determined by the Speaker, in honoring the 111th anniversary of the inde- sources. each case for consideration of such provi- pendence of the Philippines; to the Com- 81. Also, a memorial of the Sixty-first Leg- sions as fall within the jurisdiction of the mittee on Foreign Affairs. islative Assembly of North Dakota of North committee concerned. By Ms. SCHAKOWSKY (for herself, Mr. Dakota, relative to HOUSE CONCURRENT By Ms. MATSUI: SHIMKUS, Mr. COSTELLO, Mr. QUIGLEY, RESOLUTION NO. 3063 affirming North Da- H.R. 2859. A bill to amend title XIX of the Mr. GUTIERREZ, Ms. BEAN, Mr. FOS- kota’s sovereignty under the 10th Amend- Social Security Act to provide for applica- TER, Mrs. HALVORSON, Mr. HARE, Mr. ment to the Constitution of the United

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States and to demand the federal govern- H.R. 1618: Ms. EDDIE BERNICE JOHNSON of SCHAKOWSKY, Ms. DELAURO, and Mr. NADLER ment halt its practice of assuming powers Texas, Ms. ROS-LEHTINEN, and Ms. DELAURO. of New York. and imposing mandates on the states for pur- H.R. 1625: Mrs. MILLER of Michigan and Mr. H.R. 2667: Mr. COOPER and Ms. HIRONO. poses not enumerated in the Constitution of DAVIS of Alabama. H.R. 2670: Mr. PETERS. the United States; to the Committee on the H.R. 1633: Mr. BAIRD. H.R. 2682: Mr. MANZULLO and Mr. BOOZMAN. Judiciary. H.R. 1684: Mr. LUETKEMEYER. H.R. 2688: Mrs. CAPPS. H.R. 1686: Mr. WU, Ms. ZOE LOFGREN of H.R. 2689: Mr. GOODLATTE. f California, Mr. MITCHELL, Mr. CONNOLLY of H.R. 2712: Mr. BOEHNER, Mr. FRANKS of Ari- ADDITIONAL SPONSORS Virginia, Mr. COURTNEY, Mr. JOHNSON of zona, Mr. WILSON of South Carolina, Mr. Georgia, and Mr. SIRES. SHUSTER, Mr. SAM JOHNSON of Texas, Mr. Under clause 7 of rule XII, sponsors H.R. 1776: Ms. SCHWARTZ. RADANOVICH, Mr. MILLER of Florida, Mr. were added to public bills and resolu- H.R. 1799: Mr. SHUSTER and Mr. DENT. ROONEY, Mr. KING of New York, Ms. GRANG- tions as follows: H.R. 1815: Mr. COFFMAN of Colorado. ER, Mr. DENT, Ms. GRANGER, Mr. DENT, Mr. H.R. 1835: Mr. TIBERI and Mr. ROTHMAN of BROUN of Georgia, and Mr. LAMBORN. H.R. 33: Ms. SUTTON. New Jersey. H.R. 2724: Mr. HINCHEY, Ms. NORTON, and H.R. 49: Mr. REHBERG. H.R. 1870: Mr. WOLF. Mr. MCGOVERN. H.R. 156: Mr. MORAN of Kansas. H.R. 1912: Ms. BALDWIN. H.R. 2743: Mr. LARSON of Connecticut, Mr. H.R. 330: Ms. KILPATRICK of Michigan. H.R. 1964: Ms. NORTON. BROUN of Georgia, Mr. PASCRELL, Mr. H.R. 364: Mr. MCCOTTER. H.R. 1977: Mr. CARNAHAN and Mr. CASSIDY. KISSELL, Ms. WATERS, Mr. SCHOCK, Mrs. H.R. 391: Mr. ROONEY. H.R. 1980: Mr. SHIMKUS, Mr. POSEY, and Mr. HALVORSON, Mr. BLUMENAUER, Ms. SPEIER, H.R. 403: Ms. DELAURO and Mr. BACA. PLATTS. Mr. RYAN of Ohio, Mr. LAMBORN, Mrs. H.R. 474: Mr. FILNER. H.R. 1992: Mr. REYES. CAPITO, Mr. LUJA´ N, Mr. SESTAK, Mr. ROE of H.R. 502: Mr. GARRETT of New Jersey. H.R. 2074: Ms. SUTTON, Mr. FILNER, Mr. Tennessee, Mr. MURPHY of Connecticut, and H.R. 560: Mr. CHAFFETZ. SESTAK, Mr. JACKSON of Illinois, Mr. VAN Ms. MOORE of Wisconsin. H.R. 600: Mr. BACA. HOLLEN, and Mr. PAYNE. H.R. 2745: Mr. POSEY, Mr. HERGER, Ms. H.R. 646: Mr. JACKSON of Illinois. H.R. 2097: Mr. OLVER, Mr. CAPUANO, and FALLIN, Mrs. BACHMANN, Mr. LATTA, Mr. POE H.R. 676: Mr. HOLT and Mr. MARKEY of Mas- Mr. HINCHEY. of Texas, Mr. HUNTER, Mr. COLE, Mr. HARPER, sachusetts. H.R. 2105: Ms. BALDWIN. Mr. FORBES, Mr. BRADY of Texas, Mr. GAR- H.R. 708: Mr. YOUNG of Alaska and Mr. H.R. 2106: Ms. BALDWIN. RETT of New Jersey, Mr. PRICE of Georgia, HERGER. H.R. 2203: Mr. BARTLETT, Mr. BROUN of Mr. WILSON of South Carolina, Mr. JORDAN of H.R. 764: Mr. SAM JOHNSON of Texas. Georgia, Mr. COLE, Mr. ELLSWORTH, Mr. Ohio, Mr. PITTS, Mr. BONNER, Mr. CHAFFETZ, H.R. 780: Mr. LINCOLN DIAZ-BALART of Flor- FLEMING, Mr. FRANKS of Arizona, Mr. Mr. FRANKS of Arizona, Mr. SHADEGG, Mr. ida, Mr. MARIO DIAZ-BALART of Florida, Mr. GRIJALVA, Mr. MACK, Mr. PAUL, Mr. GOHMERT, Mr. LAMBORN, Mr. KING of Iowa, CRENSHAW, Ms. ROS-LEHTINEN, Mr. ROGERS of PAULSEN, Mr. POSEY, and Mr. WILSON of Mr. FLAKE, Mr. OLSON, Ms. FOXX, Mr. Kentucky, Mr. BOOZMAN, Mr. MCCARTHY of South Carolina. MARCHANT, and Mr. SMITH of Texas. California, Mr. ROE of Tennessee, Mr. GER- H.R. 2227: Mr. FOSTER, Mr. SAM JOHNSON of H.R. 2777: Ms. WATERS. LACH, Mr. PAULSEN, and Mr. CAMP. Texas, and Mr. CRENSHAW. H.R. 2817: Ms. NORTON. H.R. 815: Ms. GIFFORDS. H.R. 2256: Mr. MORAN of Virginia. H.R. 2831: Mr. WELCH and Ms. SCHWARTZ. H.R. 816: Mr. BRIGHT, Mr. DOYLE, Mr. H.R. 2262: Mr. LYNCH, Mr. POLIS, Mr. H.R. 2842: Mr. INGLIS. GRAVES, and Mr. WELCH. SPACE, Mr. ROTHMAN of New Jersey, and Mr. H.J. Res. 50: Mr. ROE of Tennessee and Mr. H.R. 879: Mrs. MCMORRIS RODGERS. MICHAUD. BUYER. H.R. 952: Mr. BERMAN and Mr. MARKEY of H.R. 2266: Mr. DRIEHAUS and Mr. GRIJALVA. H.J. Res. 54: Mrs. MCMORRIS RODGERS, Mr. Massachusetts. H.R. 2267: Mr. DRIEHAUS, Mr. POLIS, Mr. BARTLETT, Mr. JONES, Mr. MARCHANT, and C OTTER H.R. 964: Mr. M C . GRIJALVA, and Mr. ISRAEL. Mr. MCHENRY. H.R. 968: Mr. INGLIS. H.R. 2287: Mr. TIAHRT, Mr. WILSON of South H. Con. Res. 44: Ms. CLARKE, Mr. CLAY, Mr. H.R. 1024: Mr. RANGEL. Carolina, and Mr. TAYLOR. CONYERS, and Ms. WATERS. H.R. 1054: Mr. BISHOP of Utah. H.R. 2314: Mr. COLE. H. Con. Res. 48: Mr. FRANK of Massachu- H.R. 1079: Mr. BURGESS, Mr. PLATTS, and H.R. 2324: Mr. FRANK of Massachusetts and setts. Mr. SESTAK. Mrs. MALONEY. H. Con. Res. 128: Mr. INGLIS. H.R. 1173: Mr. PLATTS. H.R. 2336: Mr. KLEIN of Florida, Mr. WILSON H. Con. Res. 131: Mr. BRADY of Texas, Mr. H.R. 1177: Mr. PUTNAM and Mr. BISHOP of of Ohio, Mr. MCGOVERN, and Mr. FILNER. PAULSEN, Mr. ROGERS of Kentucky, Ms. ROS- New York. H.R. 2350: Ms. SCHAKOWSKY and Mr. PRICE LEHTINEN, Mr. ADERHOLT, Mrs. BIGGERT, Mr. H.R. 1205: Mr. LYNCH, Mr. JACKSON of Illi- of North Carolina. BILIRAKIS, Mr. BISHOP of Utah, Mr. BONNER, nois, Mr. CULBERSON, Mr. ACKERMAN, Mr. H.R. 2365: Ms. WOOLSEY. Ms. GINNY BROWN-WAITE of Florida, Mr. GRIJALVA, and Mr. TONKO. H.R. 2368: Ms. ESHOO. BUYER, Mr. CALVERT, Mr. CAO, Mrs. CAPITO, H.R. 1207: Mr. SHULER, Mr. TEAGUE, and H.R. 2373: Ms. MARKEY of Colorado, Mr. Mr. CHAFFETZ, Mr. COFFMAN of Colorado, Mr. Mr. NUNES. PRICE of North Carolina, Mr. ROGERS of Ala- COLE, Mr. CULBERSON, Mr. DAVIS of Ken- H.R. 1222: Mr. BERRY. bama, and Mr. COURTNEY. tucky, Mr. DENT, Mr. DUNCAN, Mr. FLEMING, H.R. 1245: Mr. MASSA, Mrs. BONO MACK, Mr. H.R. 2376: Mr. MCCOTTER. Ms. FOXX, Mr. GERLACH, Mr. GOHMERT, Mr. COLE, and Mr. FLEMING. H.R. 2389: Mr. BISHOP of New York. GOODLATTE, Mr. HASTINGS of Washington, H.R. 1305: Mr. WITTMAN. H.R. 2393: Mr. CASTLE. Mr. HUNTER, Mr. INGLIS, Mr. KIRK, Mr. KLINE H.R. 1326: Ms. TITUS, Ms. ZOE LOFGREN of H.R. 2401: Mrs. MALONEY. of Minnesota, Mr. LATOURETTE, Mr. LEWIS of California, and Mr. WEINER. H.R. 2404: Mr. HIMES. California, Mr. LINDER, Mr. LUCAS, Mrs. H.R. 1328: Mr. GERLACH. H.R. 2406: Mr. BARTON of Texas, Ms. JEN- LUMMIS, Mr. MARCHANT, Mr. MCCOTTER, Mr. H.R. 1330: Mr. RYAN of Ohio. KINS, Mr. WILSON of South Carolina, Mr. MCHENRY, Mr. MICA, Mrs. MILLER of Michi- H.R. 1362: Mr. CAO and Mr. HODES. DENT, Mr. GINGREY of Georgia, Mr. WITTMAN, gan, Mr. GARY G. MILLER of California, Mrs. H.R. 1389: Mr. PERLMUTTER. Mr. BOUSTANY, Mr. POSEY, and Mr. GOOD- MYRICK, Mr. NUNES, Mr. PLATTS, Mr. POE of H.R. 1405: Ms. HIRONO. LATTE. Texas, Mr. PRICE of Georgia, Mr. REHBERG, H.R. 1441: Mr. CLAY. H.R. 2414: Ms. SLAUGHTER. Mr. REICHERT, Mr. ROONEY, Mr. RYAN of Wis- H.R. 1466: Mr. CUMMINGS. H.R. 2421: Mr. MCKEON. consin, Mr. SCALISE, Mr. SCHOCK, Mr. SES- H.R. 1479: Mr. DOGGETT, Mr. BRADY of H.R. 2483: Mrs. MCCARTHY of New York, Mr. SIONS, Mr. SHIMKUS, Mr. SMITH of New Jer- Pennsylvania, and Ms. EDWARDS of Mary- COSTA, Mrs. LOWEY, and Mr. BACA. sey, Mr. SMITH of Texas, Mr. SOUDER, Mr. land. H.R. 2490: Mr. RUSH. STEARNS, Mr. TERRY, Mr. TURNER, Mr. H.R. 1503: Mr. CARTER, Mr. CULBERSON, and H.R. 2497: Ms. RICHARDSON, Ms. CLARKE, UPTON, Mr. WALDEN, Mr. WHITFIELD, Mr. Mr. NEUGEBAUER. Mr. MEEKS of New York, and Mr. HALL of WILSON of South Carolina, Mr. WITTMAN, Mr. H.R. 1521: Mr. BRADY of Pennsylvania and New York. GRAVES, Mr. PETRI, Mr. BARTLETT, Mr. Mr. CONAWAY. H.R. 2521: Mr. BOCCIERI and Mr. RUSH. BOEHNER, and Mr. THOMPSON of Pennsyl- H.R. 1528: Ms. CLARKE, Mr. CUMMINGS, and H.R. 2523: Mr. FILNER. vania. Mr. FRANK of Massachusetts. H.R. 2531: Mr. DELAHUNT. H. Con. Res. 144: Mr. ALEXANDER, Mr. KEN- H.R. 1530: Ms. CLARKE. H.R. 2560: Mr. BURGESS. NEDY, Mr. GEORGE MILLER of California, Ms. H.R. 1531: Ms. CLARKE. H.R. 2562: Mr. BISHOP of New York and Mrs. SHEA-PORTER, Mr. THOMPSON of Mississippi, H.R. 1548: Mr. BOYD, Ms. MARKEY of Colo- MCMORRIS RODGERS. Mr. CAO, Mr. GUTIERREZ, Mr. SCOTT of Vir- rado, Mr. MICHAUD, Mr. GRAYSON, and Mr. H.R. 2567: Mr. COHEN. ginia, Mr. GORDON of Tennessee, and Ms. GIF- TIBERI. H.R. 2570: Ms. BALDWIN. FORDS. H.R. 1600: Mrs. MCMORRIS RODGERS. H.R. 2575: Mr. KAGEN. H. Res. 69: Mr. INSLEE and Ms. GIFFORDS. H.R. 1612: Mr. DEFAZIO, Mr. CUMMINGS, and H.R. 2586: Mr. FRANKS of Arizona. H. Res. 111: Mr. WEINER. Mr. MCGOVERN. H.R. 2635: Mr. COHEN, Mr. MCGOVERN, Mr. H. Res. 260: Mr. ROTHMAN of New Jersey. H.R. 1615: Mr. HOLT. GEORGE MILLER of California, Ms. H. Res. 285: Mr. ROYCE.

VerDate Nov 24 2008 04:07 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00124 Fmt 0636 Sfmt 0634 E:\CR\FM\L12JN7.001 H12JNPT1 wwoods2 on PROD1PC60 with HOUSE June 12, 2009 CONGRESSIONAL RECORD — HOUSE H6745 H. Res. 330: Mr. SHULER, Mr. ROSS, Mr. MYRICK, Mr. CULBERSON, Mr. BROWN of South DISCHARGE PETITIONS— GRIFFITH, Mr. SESTAK, and Mr. KISSELL. Carolina, Mr. BONNER, Mr. SCALISE, Mr. ADDITIONS OR DELETIONS H. Res. 366: Mr. CONAWAY, Mr. BOUSTANY, Mr. GALLEGLY, Mr. SOUDER, Mr. The following Members added their NEUGEBAUER, Mr. OLSON, Mr. HENSARLING, CONAWAY, Mr. HERGER, Mrs. BACHMANN, Mr. Mr. BRADY of Texas, Mr. HALL of Texas, Mr. PENCE, Mr. SULLIVAN, Mr. JORDAN of Ohio, names to the following discharge peti- GOHMERT, Mr. CULBERSON, Mr. MCCAUL, Mr. Mr. COFFMAN of Colorado, Mr. LINDER, Mr. tion: CARTER, Ms. GRANGER, Mr. THORNBERRY, Mr. BROUN of Georgia, Mr. MCHENRY, Mr. Petition 3 by Mr. LATOURETTE on House POE of Texas, Mr. SAM JOHNSON of Texas, Mr. CARTER, Mr. CHAFFETZ, Mr. WAMP, Mr. Resolution 359: Fred Upton, Mac Thornberry, BARTON of Texas, Mr. TIAHRT, Mr. WALDEN, THOMPSON of Pennsylvania, Ms. FALLIN, Mr. Kenny Marchant, Candice S. Miller, Todd Mr. SHADEGG, Mrs. BIGGERT, Mr. BUCHANAN, AKIN, Mr. SAM JOHNSON of Texas, Mr. FLEM- Russell Platts, John Campbell, and George Mr. WESTMORELAND, Mr. WILSON of South Radanovich. ING, Mr. LUCAS, Mr. HOEKSTRA, Mr. YOUNG of Carolina, Mr. WHITFIELD, Mr. ROSKAM, Mr. LOBIONDO, Mrs. MCMORRIS RODGERS, Mr. Alaska, Mr. MANZULLO, Mr. BRADY of Texas, f Ms. FOXX, Mr. HARPER, Mr. HENSARLING, Mr. DANIEL E. LUNGREN of California, Mr. AMENDMENTS HUNTER, Mr. SIMPSON, Mr. FRELINGHUYSEN, FRANKS of Arizona, Mr. HUNTER, Mr. Mr. GERLACH, Mr. DEAL of Georgia, Mr. GINGREY of Georgia, Mrs. LUMMIS, Mr. Under clause 8 of rule XVIII, pro- BROUN of Georgia, Mr. PRICE of Georgia, Mr. MARCHANT, Mr. MCKEON, Mr. NEUGEBAUER, posed amendments were submitted as UPTON, Mr. ROONEY, Mr. DAVIS of Kentucky, Mr. PITTS, Mr. SIMPSON, Mr. HELLER, Mr. follows: Mr. MICA, Mr. BARRETT of South Carolina, POE of Texas, Mr. LEE of New York, Mr. H.R. 2847 Mrs. CAPITO, Mr. CAO, Mr. SHUSTER, Mr. WESTMORELAND, Mr. BURTON of Indiana, Mr. REICHERT, Mr. BISHOP of Utah, Mr. AKIN, Mr. REHBERG, Mr. ALEXANDER, Mr. GOODLATTE, OFFERED BY: MR. OLSON YOUNG of Alaska, Mr. ISSA, Mr. RADANOVICH, Mr. CASSIDY, Mr. RADANOVICH, Mr. LATTA, AMENDMENT NO. 1. In the item relating to Mrs. BLACKBURN, Mrs. CAPPS, Ms. DEGETTE, Mr. MCCAUL, Mr. SESSIONS, Mr. BOOZMAN, ‘‘Bureau of Census—periodic censuses and Mr. STEARNS, Mr. SHIMKUS, and Mr. THOMP- and Mr. THORNBERRY. programs’’, after the first dollar amount in- SON of Pennsylvania. sert ‘‘(reduced by $566,500,000)’’. H. Res. 409: Mr. WILSON of South Carolina. In the item relating to ‘‘National Aero- f H. Res. 480: Ms. EDWARDS of Maryland. nautics and Space Administration—explo- H. Res. 521: Mrs. BLACKBURN, and Mr. ration’’, after the first dollar amount insert SABLAN. PETITIONS, ETC. ‘‘(increased by $566,500,000)’’. f H.R. 2847 Under clause 1 of Rule XXII, DELETIONS OF SPONSORS FROM OFFERED BY: MR. PAULSEN PUBLIC BILLS AND RESOLUTIONS 49. The SPEAKER presented a petition of AMENDMENT NO. 2. At the end of the bill the San Francisco Board of Supervisors, rel- (before the short title) insert the following Under clause 7 of rule XII, sponsors ative to RESOLUTION NO. 106-09 urging new section: were deleted from public bills and reso- both the California State Legislature and SEC. ll. None of the funds made available lutions as follows: United States Congress to establish a Do Not in this Act may be used to try an individual H. R. 2300: Mr. PRICE of Georgia, Mr. SMITH Mail Registry; which was referred to the who is detained at Naval Station, Guanta- of Texas, Mr. MCCOTTER, Mr. RYAN of Wis- Committee on Oversight and Government namo Bay, Cuba, as of the date of the enact- consin, Ms. JENKINS, Mr. LAMBORN, Mrs. Reform. ment of this Act, in any United States court.

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A TRIBUTE IN RECOGNITION OF district proved this year that even when you consideration the bill (H.R. 2410) to authorize DR. EDISON O. JACKSON lose your key player for a large part of the appropriations for the Department of State season, when the whole team pulls together, and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and HON. EDOLPHUS TOWNS greatness can still be achieved. Despite losing for other purposes. 2008 News & Record All-Area Player of the OF NEW YORK Mr. SHERMAN. Mr. Chair, during consider- Year Chelsea Leonard to a knee injury on No- IN THE HOUSE OF REPRESENTATIVES ation of H.R. 2410, the Foreign Relations Au- vember 25, 2008, the Central Davidson High thorization Act, I voted for the Royce amend- Friday, June 12, 2009 School softball team came together and fin- ment regarding Eritrea. I know that Eritrea is ished its 21–7 season with a championship Mr. TOWNS. Madam Speaker, I rise today sending a diplomatic delegation to the United in recognition of Dr. Edison O. Jackson, the title. ‘‘We’ve been through some tough times States at the present time, and that sensitive President of Medgar Evers College of the City this year,’’ Coach Gene Poindexter told The negotiations are taking place in the region. It University of New York and a foremost leader Dispatch. ‘‘Got knocked down a couple times. is my hope that Eritrea will dramatically in higher education who is now retiring after Got black eyes a couple of times. We just kept change its policies as a result of this diplo- twenty years with the College. fighting, and we worked hard to get back in matic action, and designation of Eritrea as a Dr. Jackson was born in Heathsville, Vir- the playoffs; I can’t say enough about all these State Sponsor would be unnecessary. Had ginia. He received a Bachelor of Science de- freshmen, sophomores and juniors. They’re a this provision been adopted in the House, it gree in Zoology, a Master of Arts degree in great bunch of kids who worked their tails off.’’ could have been (and would have been) re- Counseling from Howard University, a Master On behalf of the citizens of the Sixth District moved from the bill in conference should such of Divinity degree from New York Theological of North Carolina, we wish to congratulate the a change of policy come about. Therefore, I Seminary, and a Doctorate in Education from Spartans for winning their third consecutive 2A felt that the amendment was worthy of support Rutgers University with an emphasis on the state softball championship. at this stage of the legislative process notwith- philosophy, function, role, and administration The Spartans defeated Richlands by a standing the legitimate concerns raised by op- of urban educational institutions. score of 1–0 on Saturday, June 6, 2009. ponents of the amendment. Freshman extraordinaire Carley Tysinger After an impressive twenty years in higher f education, Dr. Jackson was welcomed to ripped a 1–0 pitch into left for a single to drive Medgar Evers College as its 5th President. He in the biggest run of the season and the only TRIBUTE TO MICHAEL J. WOOTTEN quickly formulated and implemented a new vi- run of the title game. And that one-run lead sion for the College’s future, spearheading the was all that was needed with senior Chelsea HON. JAMES P. MORAN creation of the Freshman Year Program, in- Leonard on the mound. Leonard returned in OF VIRGINIA creasing student retention, creating three new time for the postseason and was named tour- IN THE HOUSE OF REPRESENTATIVES academic schools, and restoring the institu- nament MVP. Leonard threw a one-hitter with Friday, June 12, 2009 tion’s senior college status in 1994. 19 strikeouts against Richlands in the title Mr. MORAN of Virginia. Madam Speaker, I To increase the enrollment and academic game. rise today to pay tribute to an exceptional success of African American males, Dr. Jack- The championship season was a team effort man. On Wednesday, June 10th, the federal son established the nationally recognized Male led by seniors Kelsey Rountree and Chelsea Leonard, juniors Haley Hanes, Laura Fritts, government and, in particular, the General Development and Empowerment Center to Services Administration lost an exemplary groom and guide men through their higher Haley Thore, Nicole Perry, and Mindi Morris, sophomores Kara Lohr, Whitney Lohr, public servant, a genuine and trusted friend, education career and to prepare them for the and a devoted husband and father. On that workforce. Consequently, Medgar Evers has Jazmine Charles, Emma Comer, and Megan Yountz, and freshmen Charity McGath, Carley day Michael J. Wootten, lost his courageous increased its enrollment of African American battle with cancer. Mike was the epitome of a men by 13 percent. Tysinger, Allie Stovall, and Lauren Bryant. Also assisting the team during this season fine public servant. He was accurate, detailed, Dr. Jackson has served and/or holds mem- inquisitive, and thorough in his work. He left bership in a number of prominent civic, edu- were assistant coaches Jim Welborn, Bryan Starnes, Greg Leonard, Sterling Charles, Mike our federal government and federal workforce cational, and community organizations. He has the richer for his service. also written on issues of concern to educators Pickett, Jordan Stogner, Jodi Duncan, the voice of the Spartans, announcer Stuart He began his legal career as a law clerk, regarding minority students, including student serving the office of the 5th district solicitor, retention and the role of spiritual leadership in Joontz, scorekeeper Mitzi Tysinger and last but not least, manager Xavier ‘‘Sabby’’ Richland County, South Carolina. When he ar- higher education. rived in Washington D.C., Mike served as Ma- Dr. Jackson has been honored for his dec- Rosales. Again, on behalf of the Sixth District, we jority Staff Counsel to the Committee on the ades of service and achievements from scores Judiciary of the United States Senate. As full of elected officials, educational institutions, would like to congratulate Principal Emily Lipe, Athletic Director and Head Coach Gene Committee staff counsel, Mike was respon- and community organizations. sible for issues of Administrative Law and Pro- Madam Speaker, I would like to recognize Poindexter, and everyone affiliated with the Spartans. Congratulations to Central Davidson cedures, Courts, and Juvenile Justice. Dr. Edison O. Jackson, a visionary leader and Mike then moved on to the Department of on a spectacular season and for winning its an inspiration to all of New York. Justice, where he spent three years in the third consecutive 2A state softball champion- Madam Speaker, I urge my colleagues to Civil Division as Assistant Director of the Of- ship. join me in paying tribute to Dr. Edison O. fice of Policy and Legislation and Special As- Jackson. f sistant to the Assistant Attorney General. One f FOREIGN RELATIONS AUTHORIZA- of Mike’s accomplishments as Special Coun- TION ACT, FISCAL YEARS 2010 sel was assisting in the confirmation of Justice CENTRAL DAVIDSON—THREE AND 2011 Anthony Kennedy to the U.S. Supreme Court. TIMES A CHAMPION Before departing Justice to join GSA, Mike SPEECH OF served briefly as the Acting General Counsel HON. HOWARD COBLE HON. BRAD SHERMAN for the President’s Commission on Privatiza- OF NORTH CAROLINA tion. OF CALIFORNIA Upon his arrival at the General Services Ad- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ministration, Mike quickly became the ‘‘go to’’ Friday, June 12, 2009 Wednesday, June 10, 2009 lawyer for advice and counsel on real property Mr. COBLE. Madam Speaker, a softball The House in Committee of the Whole law and legislative matters involving the Fed- team at a high school in our congressional House on the State of the Union had under eral Property and Administrative Services Act

∑ 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 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.001 E12JNPT1 tjames on PRODPC75 with REMARKS E1388 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 of 1949. For almost 20 years Mike served in they have reached out to establish partner- Throughout his career, Admiral Sparks re- the Office of the General Counsel. In addition, ships with local residents, ranchers and busi- ceived numerous decorations for his service. he served as counsel to the Office of Con- ness owners. Among them are the Navy Distinguished Pub- gressional Affairs, the Public Buildings Serv- The daily work of the Border Patrol is con- lic Service medal, two Coast Guard Distin- ice, the Office of Government-wide Policy, and ducted by a force of hard working agents who guished Public Service medals, the Legion of the Office of the Chief Financial Officer. In carry out their duty with honor and distinction Merit, Meritorious Service medal, two Coast 2009, Mike was appointed to the Senior Exec- in some of the most rugged territory in the na- Guard commendation medals, the Coast utive Service. His list of opinions was endless, tion. I am proud of the relationship we have Guard Achievement medal, the Arctic Service and his advice was sought after and followed. established with the Executive Board of the medal and, of course, his Coast Guard Com- Mike was justifiably proud of his legal con- National Border Patrol Council, Local 2544, bat Air Crew Wings. tributions to GSA. However, his pride in his which represents the agents who work in the Admiral Sparks was also a dedicated advo- legal career was always exceeded by his pride Tucson Sector. The agents on the ground are cate for other reserve officers, fellow veterans in his family, his loving wife Shereen and his capably represented by Edward Tuffly, Local and his community. He has served as both two outstanding sons, Mitchell and Corey. As 2544 President, and the members of his Exec- president of the Reserve Officer’s Association a parent and husband, he was immensely utive Board, Richard Martinez, Arturo Del of the United States—the first Coast Guard of- proud of their accomplishments, their commu- Cueto, David Hull and Kurt Kelley. They keep ficer to hold this position—and as Chief of the nity involvement, and their love for each other. me apprised of the needs and concerns of U.S. Delegation to the Inter-Allied Confed- Mike made and maintained legions of friend- their members so that I can better fight for the eration of Reserve Officers at NATO head- ships. His friends, who will cherish his memory resources that they must have to safely and quarters in Brussels, Belgium. He also chaired and joyful spirit, will join me today with honor effectively do their jobs. the California Veterans Board, where he and great sadness to pay tribute to Michael J. My 9,000–square mile district includes 114 worked tirelessly to ensure and enhance the Wootten. miles of international border. The Border Pa- rights and benefits of California Veterans, and f trol’s Tucson Sector is ground zero for the was active on the board of the North Bay trafficking of humans and drugs into our coun- Chapter of the Alzheimer’s Association of RECOGNIZING THE UNITED try. Each day, the agents stationed here con- Northern California and Nevada. STATES BORDER PATROL’S 85TH front extraordinary risks to keep us safe. They However, perhaps the most enduring legacy ANNIVERSARY face armed smugglers, harsh desert terrain of Admiral Sparks will be as the devoted hus- and weather extremes. Each day, they illus- band of his wife Betty and as a loving father HON. GABRIELLE GIFFORDS trate what it means to be dedicated to duty and grandfather. He is survived by four of his OF ARIZONA and to country. Border Patrol agents serve us children; Bennett Jr., James, John and IN THE HOUSE OF REPRESENTATIVES with patriotism and commitment and, as a na- Julieann, his sister Doris, as well as his 11 Friday, June 12, 2009 tion, we owe them a tremendous debt of grati- grandchildren, 22 great-grandchildren and one tude. great-great-grandchild. Ms. GIFFORDS. Madam Speaker, I would On behalf of the people of Arizona’s 8th Madam Speaker, it is fitting at this time that like to recognize the brave men and women of Congressional District, I extend my deepest we honor the life, service and memory of Ad- the United States Border Patrol on the occa- appreciation to the men and women of the miral Sparks. His dedication to his country, his sion of their agency’s 85th anniversary. Tucson Sector of the Border Patrol and to family and community are a testament to a The Border Patrol is the first line of defense their colleagues who work all across our bor- great man who will long be remembered by for our nation. When it was established in the ders. those who knew him. We are lucky to have early part of the last century, its only posts f had him as a neighbor, a friend and an inspi- were in Detroit, Michigan, and El Paso, Texas. ration. The first agents were issued a badge and a COMMEMORATING REAR ADMIRAL f revolver but they had to provide their own BENNETT S. ‘‘BUD’’ SPARKS, horses and saddles. Fortunately, the federal U.S.C.G. SOUTHWESTERN RANDOLPH— government paid for the feed. CLOSE TO PERFECTION Since its founding in 1924, the Border Patrol HON. MIKE THOMPSON has grown and become a modern agency in OF CALIFORNIA HON. HOWARD COBLE every way. While some Border Patrol agents IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA still ride horses, they all now use technology IN THE HOUSE OF REPRESENTATIVES that their predecessors could not have imag- Friday, June 12, 2009 ined. Their tools and strategies have changed Mr. THOMPSON of California. Madam Friday, June 12, 2009 over time but their original mission remains Speaker, I rise today to honor the memory of Mr. COBLE. Madam Speaker, perfection is the same. Each day they put on their uniforms Rear Admiral Bennett ‘‘Bud’’ Sparks, who difficult to achieve in life—and perhaps even and go out to protect and defend our borders. passed away May 22 after a lifetime of service more so in sports—so it is noteworthy when Representing the 8th Congressional District to our country in the Coast Guard. Admiral any team comes so close to that achievement. in Southeastern Arizona, I have had the privi- Sparks’ dedication to our country and his de- A high school softball team in our congres- lege of witnessing first-hand the Border Pa- votion to his family and his community de- sional district came within one win of a perfect trol’s important work. It has been a highlight of serve the highest commendation. season. Even with that one loss, the team my time in Congress to meet the men and Admiral Sparks was born on October 10, captured a state championship. On behalf of women of the Tucson Sector of the Border 1925, and enlisted in the Coast Guard Re- the citizens of the Sixth District of North Caro- Patrol who serve in one of the most chal- serve in 1942. His service spanned the globe lina, we wish to congratulate the softball team lenging regions in our country. While the Tuc- and he saw action in the Atlantic, Pacific and of Southwestern Randolph High School for son Sector represents only 13 percent of our European theaters of operations while flying winning the North Carolina 3A state champion- border with Mexico, it accounts for close to 50 as a combat aircrewman on both antisub- ship. This is the second 3A title in three years percent of the Border Patrol’s apprehensions marine and air-sea rescue missions. After the the Cougars have won. and drug seizures. War, he transferred to the active Coast Guard, The team was led by Head Coach Steve Under the exceptional leadership of Tucson where he received a field promotion to ensign Taylor who was able to bring the team to- Sector Chief Patrol Agent Robert Gilbert, great in 1957 after having served in all enlisted gether and make them believe they were ca- progress has been achieved in making our ranks through chief petty officer. pable of anything. As a result, the Cougars fin- border more secure. Chief Gilbert has assem- He later flew mapping missions over Alaska ished the season with an impressive 30–1 bled an outstanding top management team in- from 1946 to 1957 for the Coast Guard and as record that was capped with a 5–2 win over cluding Deputy Chief Patrol Agent Robert a civilian. In 1966 he took up his first of nine Asheville T.C. Roberson High School on June Boatwright and Division Chiefs John consecutive commands over 23 years. During 6, 2009. Fitzpatrick and Jeanne Ray-Condon. In addi- this time, he served as commanding officer of The championship season was a team effort tion to implementing effective new strategies four Coast Guard Units, three Coast Guard led by seniors Anna Maness, Holly Berry, and to deal with the high volume of drug and Groups and two U.S. Navy Maritime Defense Brittany Jones, juniors Erin Billups, Olivia human smuggling, they have been responsive Zone Sectors. He attained flag rank in 1985, Hickman, Cheryl Coley, and Hanna Hughes, to my inquiries on behalf of constituents and and received his second star in 1987. sophomores Cynthia Hayes, Julia Callicutt,

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.002 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1389 Sydney Hyden, Kelsey Hoover, Victoria Hunt, honor Ralph Crosby for being named ‘‘Boss of I ask my colleagues to join me in congratu- and Sloan King, and freshmen Dee Chriscoe, the Year’’ for 2009 by the Top-Side Aviation lating a dedicated professional and friend. I Paige Parrish, Brooke Hayes, Kaylee King, Club. The ‘‘Boss of the Year’’ is one of the know his family—his wife, Mary Grace; their and Hayleigh Clapp. club’s most prestigious honors, and Ralph is children, Ralph and Laura Grace; and their Also assisting the team during this out- most deserving of this award in recognition of beautiful grandchildren—as well as his many standing 30–1 season were assistant coaches his tireless efforts on behalf of EADS North friends and colleagues join me in praising his Bobby Berry, Robert Hayes, Wendal Seawell, America. He is one of those rare, one-in-a-mil- accomplishments and extending thanks for his and Angela Hoover. lion type of individuals whom, I am fortunate to many efforts over the years. Again, on behalf of the Sixth District, we know and call my friend. f would like to congratulate Principal Dr. Chris Throughout his entire life, Ralph’s work Vecchione, Athletic Director Randy Key, Head ethic, his love of family, country, and God HONORING ALEX ADAMEK Coach Steve Taylor, and all who contributed have all contributed to his success and to re- to this outstanding season. Congratulations to ceiving this prestigious award. HON. SAM GRAVES Southwestern Randolph High School on a A native of Greenville, South Carolina, OF MISSOURI spectacular season and for winning the North Ralph was appointed to West Point by Sen- IN THE HOUSE OF REPRESENTATIVES Carolina 3A state championship. ator Strom Thurmond. He graduated first in his Friday, June 12, 2009 f class in engineering and was in the top 2 per- cent of his overall class. He went on to earn Mr. GRAVES. Madam Speaker, I proudly A TRIBUTE IN REMEMBRANCE OF two Master’s degrees, one from the acclaimed pause to recognize Alex Adamek, a very spe- DR. DANIEL C. UDOJI JFK School of Government at Harvard Univer- cial young man who has exemplified the finest sity, where he graduated with a perfect 4.0, qualities of citizenship and leadership by tak- HON. EDOLPHUS TOWNS and the other, where he achieved the highest ing an active part in the Boy Scouts of Amer- OF NEW YORK academic mark ever recorded at the time from ica, Troop 351, and in earning the most pres- IN THE HOUSE OF REPRESENTATIVES the Graduate Institute of International Studies tigious award of Eagle Scout. Friday, June 12, 2009 in Geneva. Alex has been very active with his troop, After graduating from West Point, Ralph had Mr. TOWNS. Madam Speaker, I rise today participating in many scout activities. Over the a distinguished military career where he was in recognition of Dr. Daniel C. Udoji, a self- many years Alex has been involved with selected as Officer of the Year of the 2nd Ar- employed medical provider in Brooklyn. scouting, he has not only earned numerous mored Cavalry Regiment and served tours in Dr. Udoji was born in Egbu-Owerri, Eastern merit badges, but also the respect of his fam- Germany, Vietnam and the United States. Nigeria to Chief Benjamin and Mrs. Dorothy ily, peers, and community. During his last military assignment, he served Udoji and lived there until 1954. Dr. Udoji left Madam Speaker, I proudly ask you to join as the military staff assistant to Vice President Nigeria for London in 1957 for further edu- me in commending Alex Adamek for his ac- Walter Mondale. cation at University College Ibadan and grad- complishments with the Boy Scouts of Amer- In 1981, Ralph resigned his commission as uated with a M.B./B.S. in 1964. ica and for his efforts put forth in achieving the major in the U.S. Army and joined Northrop During the Nigerian-Biafra Civil War, from highest distinction of Eagle Scout. Grumman where he enjoyed a 21-year career 1967 to 1970, Dr. Udoji provided medical and f and rapidly rose up the company ladder. He surgical services to refugees and displaced was among the youngest vice presidents ever FOREIGN RELATIONS AUTHORIZA- persons. After his commendable medical as- appointed in the company’s 60 year history, TION ACT, FISCAL YEARS 2010 sistance during the Nigerian-Biafra Civil War, and he ran the B-2 program—arguably one of AND 2011 Dr. Udoji proceeded to the United Kingdom for the most important assets in our nation’s stra- postgraduate Medical Studies at Postgraduate tegic arsenal. SPEECH OF Medical School in Scotland and University On September 1, 2002, Ralph assumed Hospital of Wales in Wales. After completion HON. DENNIS J. KUCINICH leadership of EADS North America, one of the of his studies, Dr. Udoji travelled to the United OF OHIO world’s largest aerospace and defense compa- States to complete his residency at V.A. Hos- IN THE HOUSE OF REPRESENTATIVES nies. As chairman and chief executive officer, pital and Downstate Medical Center and at he has been directly responsible for the com- Wednesday, June 10, 2009 Long Island Jewish Medical Center & Queens pany’s activities—and substantial growth—in Hospital. The House in Committee of the Whole the United States over the last seven years. Following his residency, Dr. Udoji worked as House on the State of the Union had under He established a significant aerospace pres- an internist at V.A. Medical Center in Brooklyn consideration of the bill (H.R. 2410) to au- ence in neighboring Mississippi where EADS thorize appropriations for the Department of from 1978 to 1986. From 1988 to 1992, Dr. North America produces the Light Utility Heli- State and the Peace Corps for fiscal years Udoji provided medical services to senior citi- copter for the U.S. Army. All have been deliv- 2010 and 2011, to modernize the Foreign Serv- zens at the Senior Citizen Center on Bergen ered on schedule and under budget. EADS ice, and for other purposes: Street in Brooklyn. Dr. Udoji has been pro- has become a major employer across the Mr. KUCINICH. Mr. Chair, H.R. 2410, the viding medical services to the homeless popu- United States supporting more than 190,000 Foreign Affairs Authorization, has several lation in Brooklyn since 1989 at the Salvation jobs in 17 states and contributing over $9 bil- laudable provisions that would improve our na- Army under the auspices of Catholic Charities. lion to the U.S. economy annually. tional security and our country’s standing in Dr. Udoji has over forty years of experience Alabama—and certainly the city of Mobile— the world. But it includes language that grants and continues to work in the Brooklyn area. has developed a close relationship with Ralph Congressional endorsement of preemptive war Dr. Udoji is married to Obiageli with whom and EADS over the past several years. Under against Iran. he has five grown children and two grand- Ralph’s leadership, EADS selected Brookley The provision in question says ‘‘It is the children. His hobbies include gardening and Air Field in Mobile as the home for its U.S. sense of Congress that Israel has the inalien- photography. able right to defend itself in the face of an im- Madam Speaker, I urge my colleagues to production facility for the next-generation aer- minent nuclear or military threat from Iran join me in recognizing Dr. Daniel C. Udoji. ial refueling tanker. EADS also partnered with Northrop Grumman to launch a joint bid to . . .’’ Among the lessons that should have f provide America’s warfighters with the very been learned from the war in Iraq is that pre- CONGRATULATING RALPH CROSBY best equipment, technology, and training to do emptive war based on an imminent threat (real FOR BEING NAMED BOSS OF THE their jobs and complete their missions. or perceived) is a violation of recognized rights YEAR In recognition of his impressive career and under international law and undermines a na- many accomplishments, Ralph was Aviation tion’s standing in the international community. HON. JO BONNER Week and Space Technology magazine’s run- Rather than recognizing Israel’s right to self OF ALABAMA ner-up for Person of the Year last year. defense against an imminent attack, a right Madam Speaker, I would like to offer my recognized by international law, this bill con- IN THE HOUSE OF REPRESENTATIVES personal congratulations to Ralph Crosby for tains language that supports preemptive war Friday, June 12, 2009 being named the Boss of the Year for 2009 against a threat. A war with Iran is not in Mr. BONNER. Madam Speaker, it is with and, in so doing, recognize him for his many Israel’s best interest, it is not in the United great pride and pleasure that I rise today to outstanding accomplishments. States best interest, and it is not in the world’s

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.003 E12JNPT1 tjames on PRODPC75 with REMARKS E1390 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 best interest. The provision undermines the HIGH POTENCY MARIJUANA SEN- conferees to do anything at all to IMF funding establishment of peace in the Middle East. TENCING ENHANCEMENT ACT OF and, if implemented will lead to cuts to worthy I do not make the decision to oppose the 2009 domestic and international accounts. For these full legislation lightly. It has important provi- reasons, I could not support the motion. sions. The additional resources authorized by HON. MARK STEVEN KIRK f this bill are necessary to make up for a history OF ILLINOIS HONORING SANDY REMPE of drastic underfunding and inattention to di- IN THE HOUSE OF REPRESENTATIVES plomacy. This bill highlights our commitment Friday, June 12, 2009 to a new diplomatic strategy as our nation HON. SAM GRAVES strives to heal the wounds between our coun- Mr. KIRK. Madam Speaker, popular culture OF MISSOURI try and the world. often romanticizes casual marijuana use, and IN THE HOUSE OF REPRESENTATIVES those who warn that marijuana is a ‘‘gateway It authorizes additional funding to train and Friday, June 12, 2009 deploy 1,500 additional Foreign Service Offi- drug’’ that can lead to use of other, harder Mr. GRAVES. Madam Speaker, I proudly cers. It commits $1.8 billion for fiscal year drugs are ridiculed as being out of the main- rise today to recognize Sandy Rempe of the 2010, as well as the necessary funds in 2011 stream. The reality is that marijuana today is Missouri Department of Public Safety. Her di- to fulfill our assessed contributions to inter- vastly different than the marijuana that was rection of the Juvenile Justice Program and national organizations such as the United Na- prevalent in the ’60s. According to the Na- the dedication and compassion she has for to- tions. The bill will create an additional 25 posi- tional Drug Intelligence Center, the average day’s youth is to be commended. Due to her tions at the Department of State for arms con- THC content of seized marijuana was less exemplary leadership, she has earned the trol and nonproliferation. Creation of the Rota- than 4 percent in the early 1990s. By 2007 prestigious Tony Gobar Award, an honor that tion Program will help to strengthen inter- that level rose to nearly 10 percent. recognizes excellence in the field of juvenile agency cooperation toward nuclear abolition. Local police in my district are now reporting a new threat from ‘‘Kush,’’ street slang for a justice. The bill requires that the State Department strain of highly potent marijuana with a THC Ms. Rempe has worked as the manager of investigate the humanitarian crisis in Gaza content of at least 20 percent. The rise of the Department of Public Safety’s Juvenile and the atrocities associated with an occupa- Kush mirrors the increasing trend of high-THC Justice Program for twelve years. Under her tion that compromises the health and dignity marijuana, which has become more accessible leadership, the program distributes federal of the Palestinian people. I am hopeful that with the rise of hydroponics. Drug growers are grants that provide funding to sixty state and the report will allow the U.S. to credibly claim able to strictly control light, temperature and local agencies in Missouri to help support ju- a commitment to engage in a more even humidity and can cross-breed to maximize venile justice and delinquency prevention ini- handed and diplomacy oriented foreign policy. THC content. According to the Drug Enforce- tiatives. Additionally, grant funds are utilized I do not agree with inclusion of Section 822 ment Administration, Kush has been known to for training on juvenile justice, system im- of the bill, which reduces the number of Con- sell for as high as $600 per ounce—creating provements, and intervention programs. Ms. gressional notifications about arms transfers the same profit potential as crack cocaine. Rempe also serves on many groups, commit- between the U.S. government and the govern- Today I am introducing legislation to bring tees and commissions including the Mental ments of other nations. For example, a Con- federal penalties for trafficking high-potency Health Transformation Leadership Work Group gressional notification is currently required for marijuana in line with penalties for cocaine, and the Drug Court Commission. the transfer of major defense equipment sales heroin, and hashish, all of which have similar Madam Speaker, I proudly ask you to join valued at $14 million or more. With enactment retail prices on the street. The gangs and car- me in commending Sandy Rempe for this of this section, the threshold will be raised to tels trafficking Kush are the same trafficking prestigious accomplishment with the Missouri $25 million or greater. As such, the trigger for cocaine and heroin, and the profits they real- Department of Public Safety and for her tire- Congressional review will happen less often. ize represent an equal danger to the public. In less efforts in helping Missouri’s youth. Furthermore, I oppose the increased funding my view, the penalties for trafficking this dan- f levels for the Merida Initiative and expansion gerous drug should also be equalized. IN HONOR OF ELLEN PSENICKA of this flawed program to the Caribbean coun- f tries. Time and again, research has dem- onstrated that illicit drug production in devel- MOTION TO INSTRUCT CONFEREES HON. DENNIS J. KUCINICH oping countries stems from pervasive rural ON H.R. 2346, SUPPLEMENTAL AP- OF OHIO PROPRIATIONS ACT, 2009 poverty and lack of sustainable sources of in- IN THE HOUSE OF REPRESENTATIVES come. More money for guns and other tools of SPEECH OF Friday, June 12, 2009 destruction will do nothing to ease the suf- fering of those struggling with addiction or al- HON. BRAD SHERMAN Mr. KUCINICH. Madam Speaker, I rise leviate the social problems that compel people OF CALIFORNIA today in honor and recognition of Ellen to produce and/or traffic drugs. IN THE HOUSE OF REPRESENTATIVES Psenicka, whose forty-year tenure as reporter, editor and publisher of the award-winning This body must take measurable actions to Thursday, June 11, 2009 replace policies of aggression with policies of Neighborhood News, continues to enlighten, dialogue, adherence to international law and Mr. SHERMAN. Madam Speaker, I voted entertain and unite Cleveland’s southeast an unwavering dedication to the protection of against the motion. One of my concerns about community every Wednesday, highlighting cur- human rights. By including the provision that the Supplemental as passed by the Senate is rent events along our city streets—from the paves the way for preemptive war against the fact that it contains funding for the Inter- neighborhoods of Slavic Village, to the streets Iran, this bill continues the failed policies of national Monetary Fund without language de- of Garfield Heights, to the steps of Cleveland the previous administration. Therefore, I could signed to ensure that the IMF provide no as- City Hall. not vote for it. sistance to countries that support terrorism, Ellen grew up in Sandusky, Ohio and went raise proliferation concerns, or are major on to attend Ohio University, where she f human rights abusers, most notably Iran. Pro- earned a Bachelor’s degree in Journalism. ponents of the motion mentioned their objec- Shortly following graduation, in June, 1969, PERSONAL EXPLANATION tions to the IMF funding; some raised similar Ellen was hired as a reporter by Jim Psenicka, concerns that the IMF could assist some of publisher of the Neighborhood News. A few the worst regimes. However, a close reading years later, Jim and Ellen were married, and HON. PHIL GINGREY of the motion reveals that conferees could im- they worked in dedication to each other, to the OF GEORGIA plement the instructions without any cut to IMF newspaper and to the community until Jim’s IN THE HOUSE OF REPRESENTATIVES funding and without adding any preconditions passing in 2001. At that time, Ellen accepted that the IMF would have to meet before ob- the torch of leadership passed to her by Jim, Friday, June 12, 2009 taining $109 billion. Given the political reali- and she continues to carry on his legacy of Mr. GINGREY of Georgia. Mr. Speaker, on ties, I believe that this is the direction the con- excellence in journalism, and his commitment rollcall #335 on the final passage of H.R. ferees would take to implement these instruc- to the Greater Cleveland Community. 1234, I am not recorded. Had I been present, tions in the event they did not ignore them al- Ellen’s spirit of volunteerism and focus on I would have voted ‘‘nay.’’ together. Thus this motion does not instruct the betterment of the community is evident

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.005 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1391 throughout Southeast Cleveland and its sub- Anthony has set many short- and long-term agenda of the Alliance included the broader urbs. Her kind and humble nature draws peo- goals for himself ranging from continuing his issue of the future of NATO and more specific ple to her, and she has garnered the admira- involvement in the Scouts where he hopes to issues including relations with Russia, energy tion and respect of everyone she knows. She be selected to attend the 2010 National Jam- security, missile defense, the conflict in Af- is a longtime member of the Garfield Heights boree and the 2012 World Jamboree to a ca- ghanistan, and emerging challenges such as Historical Society and serves as a board reer in the medical and technological fields. piracy and cyber security. Each of these member for Cleveland Central Catholic High Madam Speaker, I ask my colleagues to join issues was also on the NATO PA agenda in School. She is currently serving her second me in congratulating Anthony on being one of Oslo and many were vigorously debated by term as President of the Kiwanis of Southeast the youngest Eagle Scouts in scouting history the parliamentarians. Relations with Russia Cleveland. As a member and leader in and in wishing him the very best in what and the new strategy towards Afghanistan and Kiwanis, Ellen has been instrumental in lead- promises to be a very bright future. I would Pakistan were two of the issues that domi- ing several fundraising efforts aimed at local also like to ask my colleagues to join me in nated the session. Many members of the Alli- student scholarship awards, and recently, a expressing our thanks to Anthony’s family, ance questioned whether Russia has begun to fundraiser and recognition dinner honoring Dr. friends and troop leaders for the support that implement an increasingly assertive security Javier Lopez which raised greatly-needed they have given Anthony which has allowed policy including efforts to intimidate neigh- funds for his medical missions to Central and encouraged his development as a fine boring states, through the threat of force. America. Ellen has always reached out with a young citizen. There was also concern expressed that Rus- generous heart wherever and whenever need- f sia would continue to use its energy supplies ed. Her efforts in volunteerism also include her as a political lever to influence European pol- tireless dedication in her efforts to save St. Mi- BIPARTISAN CONGRESSIONAL DEL- icy. It was clear from our meetings that not chael’s hospital. EGATION TO NATO PARLIAMEN- only the United States and NATO, but the Eu- Madam Speaker and colleagues, please join TARY ASSEMBLY MEETINGS ropean Union as well, are concerned about me in honor and recognition of Ellen Psenicka, Moscow’s posture on a variety of issues. And, as she celebrates her 40th Anniversary with HON. JOHN S. TANNER while there were differences of opinion over the Neighborhood News. The Neighborhood OF TENNESSEE how to structure future relations between News is read by tens of thousands of people IN THE HOUSE OF REPRESENTATIVES NATO and Russia and the NATO PA and the Russian delegates to the Assembly, most felt weekly, and continues to inform and unite us Friday, June 12, 2009 all. Ellen’s commitment to bringing us the that dialogue between NATO, the NATO PA, news of the neighborhood and her generosity Mr. TANNER. Madam Speaker, during the and Russia was important and should con- as a community leader and volunteer serves period May 22–31, 2009, I led a bipartisan tinue. Many delegates welcomed the U.S. to brighten and strengthen our entire commu- House delegation to NATO Parliamentary As- commitment to a new, constructive relation- nity. sembly (NATO PA) meetings in Oslo, Norway ship with Moscow and expressed hope that and to additional bi-lateral meetings in Hel- through those promising relations, Russia’s at- f sinki, Finland and Stockholm, Sweden. The titude toward NATO could become more posi- IN RECOGNITION OF THE ACHIEVE- co-chair of the NATO PA delegation is the tive. On Afghanistan, there was continued MENTS OF ANTHONY Hon. JOHN SHIMKUS. The delegation also in- support for the ISAF mission among the allies APPLEWHITE cluded Representatives JO ANN EMERSON, and a willingness to provide the additional ci- DENNIS MOORE, JOHN BOOZMAN, MIKE ROSS, vilian and financial support necessary for the HON. GERALD E. CONNOLLY DAVID SCOTT, KENDRICK MEEK, JEFF MILLER, reconstruction effort there. However, we did OF VIRGINIA BEN CHANDLER, MIKE TURNER and staff. The detect an undercurrent of concern among IN THE HOUSE OF REPRESENTATIVES NATO PA delegation had a highly successful some allies that through the commitment of trip in which a wide range of political, eco- 21,000 additional U.S. troops to Afghanistan Friday, June 12, 2009 nomic and security issues on NATO’s agenda, and the replacement of U.S./ISAF Com- Mr. CONNOLLY of Virginia. Madam Speak- as well as issues involving the U.S.–Finland mander, General McKiernan, the process of er, I rise today to congratulate Anthony and U.S.–Sweden bi-lateral relationships, were the ‘‘Americanization’’ of the war was under- Applewhite of Boy Scout Troop 1577 on being examined. Accompanying the delegation on way and that NATO could be pushed aside by promoted to the rank of Eagle Scout. Fewer the visits to Finland and Sweden was Mr. the United States. Our delegation was clear than 2% of all scouts have mastered the skills David Hobbs, Secretary General of the NATO that this is not the case and that NATO’s role necessary to achieve this honor. Anthony’s Parliamentary Assembly, who provided invalu- in Afghanistan continues to be a critical one achievement of this rank is even more extraor- able assistance with respect to Finland and that needs to be carried out in an effective dinary because, at the age of just 13, he is Sweden’s participation in the NATO PA and and efficient manner. one of the youngest Eagle Scouts ever in the issues related to their cooperation with NATO Before the opening sessions of the Assem- 100 year history of Boy Scouts of America. in numerous Alliance operations. bly’s plenary the U.S. delegation received a For his Eagle Scout Service Project, An- The NATO Parliamentary Assembly consists detailed briefing from the new U.S. Ambas- thony designed, planned and managed the of parliamentarians from all 28 NATO member sador to NATO, Ivo Daalder, who had been in construction of a picnic area at The Kings states. The NATO PA provides a unique forum his new role for four days. He prepared us for Chapel in Clifton, Va. This picnic area was for elected officials to analyze and debate the nuances involved in some of the issues completed efficiently and now is enjoyed by issues that the NATO leadership discusses in that would be debated during the NATO PA community members as well as the children Brussels. In addition to the 28 member par- sessions, particularly regarding Russia and who attend the The Kings Chapel pre-school. liaments, parliamentarians from countries such NATO’s on-going role in Afghanistan. In addi- This is just a recent example of Anthony’s as Russia, Georgia, Afghanistan, and others tion to the briefing by Ambassador Daalder, scouting achievements. Anthony also was rec- also participate in the sessions as associate we also had the opportunity to meet with the ognized for his leadership and service in his states or observers. Through these sessions, new Deputy Chief of Mission to NATO, Mr. Boy Scout Troop with membership in the delegates have the opportunity to learn first- John Heffern who represented the United Order of the Arrow, the National Honor Soci- hand the views and concerns that other coun- States at the joint NATO PA/North Atlantic ety of Scouting. tries have over the key security issues of the Council (NAC) session at the conclusion of the In addition to his success within the Boy day. An invaluable aspect of the meetings is plenary. Another highlight was a private meet- Scouts, Anthony is an Honor Roll Student at the chance to meet and come to know mem- ing our delegation held with NATO Secretary Rocky Run Middle School. He excels in bers of parliaments who play important roles General Jaap de Hoop Scheffer who was at- science, math and technology and would like in their own countries in shaping the security tending his last NATO Parliamentary Assem- to attend the Massachusetts Institute of Tech- agenda that their governments pursue at bly session as Secretary General. He gave an nology. Anthony plans a dual career of game NATO. These contacts can endure through a overview of the most critical challenges con- designer and neurosurgeon where he can uti- career, and can provide an invaluable private fronting the alliance and thanked the U.S. del- lize many of his impressive abilities. Anthony’s avenue for insights into each ally’s particular egation for its continued support for NATO. scholastic abilities were highlighted when he views on an issue. Later he addressed the NATO PA’s plenary captained his Odyssey of the Mind teams for In early April, NATO celebrated its 60th an- session. The Foreign Minister of Norway, Jens the creative problem solving competitions. He niversary at a summit in Strasbourg, France Stoltenberg also addressed the plenary and also enjoys travel soccer as well as the violin. and Kehl, Germany. The key issues on the spoke about the continued importance of the

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.009 E12JNPT1 tjames on PRODPC75 with REMARKS E1392 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 Alliance and the need for a clear direction for The Economics and Security Committee de- the Norwegian submarine fleet and a U.S. NATO’s future. The Assembly also received a bated three reports, including one on food submarine had visited Bergen as part of that mixed report on current conditions in Afghani- prices and their implications for security and celebration. The U.S. delegation was given a stan from Mr. Kai Eide, the head of the United another on energy production in Central Asia tour of the submarine and an informal briefing Nations Assistance Mission in Afghanistan. and its potential contribution to transatlantic on the cooperation between the Norwegian Mr. Eide stressed the need for a sustained energy security. The Committee also had a and U.S. navies. The delegation would like to commitment of assistance from the inter- long discussion on a third report that ad- thank Commander Ed Recavarren, Scott national community. We also heard comments dressed the global financial crisis and its im- Sommers, our Bergen control officer and U.S. from the Speakers of the Albanian and Cro- pact on member nations. In that discussion, a Defense Attache in Oslo, Captain Russell atian Parliaments on their nation’s status as number of members suggested that it would Smith, for their assistance in making this visit the newest members of the Alliance. be useful to explore how the financial crisis a successful one. Over two days of the NATO PA session, in- was impinging on national defense budgets in After departing Norway, the delegation flew tense meetings of the Assembly’s committees allied countries. The Committee also heard to Helsinki, Finland for bi-lateral meetings with took place. There are five NATO PA commit- presentations on the security aspects of food- government and parliamentary representa- tees. In each, parliamentarians presented re- related crises, global energy market trends, tives. On Wednesday, after a country team ports on issues before the Alliance. The re- and managing defense budgets in times of briefing given by our Charge in Helsinki, Thad- ports were debated by all members of the global recession. deus Plosser, our Control Officer, Scott Bran- committee who often made counter-arguments Finally, the Science and Technology Com- don and other staff, we were hosted for a or suggestions for amending a report. Mem- mittee heard three reports, including one par- roundtable discussion by the Chairmen of the bers of the U.S. delegation were present and ticularly interesting report on climate change Committees of Foreign Affairs and Defense. active in each committee meeting. and its relationship to national security. An- Other committee members participated, includ- The Political Committee heard two very in- other addressed the current efforts being used ing Johannes Koskinen, the Deputy Speaker teresting presentations. One on the future rel- to combat the spread of weapons of mass de- of the Finnish Parliament and head of Fin- evancy of NATO by Jonas Gahr Store, Min- struction. A third report provided a look at the land’s delegation to the NATO Parliamentary ister of Foreign Affairs of Norway. A second resurgence of nuclear power as a source of Assembly. The discussions covered a number presentation on Iran generated some inter- clean energy. of issues including Finland’s carefully man- esting questions and debate. The Committee On Tuesday, the final day of the plenary, aged relationship with Russia. Finland and received presentations on three reports, one the general assembly had the extraordinary Russia share an 800 mile border, fought two from our colleague, MIKE ROSS who was a opportunity to hear a presentation from the wars, and experience close to 8 million border rapporteur for a report on possible trans- NATO Secretary General in his last address to crossings each year. Russia is Finland’s larg- atlantic cooperation on Pakistan. Mr. ROSS’s the Assembly and to participate in a formal est trading partner and primary energy sup- presentation was well received by the Com- meeting with the North Atlantic Council (NAC) plier, including 100% of Finland’s natural gas mittee. Other reports debated included ‘‘Reset- in which the Ambassadors to NATO of all 28 supplies. The Finns seem surprisingly at ease ting Relations with Russia’’ that featured sev- Alliance members answered questions from with their ‘‘complex and unpredictable’’ neigh- eral interesting comments from the Russian the delegates. bor and do not see a ‘‘Georgia-type’’ threat delegates, and ‘‘NATO’s relationship with Madam Speaker, as you know, the NATO from Russia. Georgia’’ that included a discussion on the re- PA Plenary session also happened to be held The Finns pursue their security interests cent Russia-Georgia conflict. There were still over our own Memorial Day. For the members through the EU, Nordic defense cooperation differences of opinion on who actually was re- of the U.S. delegation, the highlight of our visit with Sweden, Norway, and Denmark, and sponsible for starting the war in Georgia and to Oslo was the opportunity to honor the men through close cooperation with NATO. While how to deal with Georgia’s aspirations for and women of our armed forces who made there is growing support among some in the eventual membership in NATO. the ultimate sacrifice on behalf of their coun- government for possible future NATO mem- The Committee on the Civil Dimension of try. As it happened, a U.S. Navy warship was bership, the majority of the general public is Security is currently chaired by our colleague, able to make a port call in Oslo that served as not yet in favor of such a decision. Finland JO ANN EMERSON. The Committee heard three the venue for a Memorial Day observance. For has been active in Afghanistan (currently 100 interesting presentations. One covered civil- that, I wish to thank Admiral Charles Leidig, troops, soon to reach 200), and participates in military relations in Afghanistan and another Commander Ed Recavarren, Assistant U.S. the Swedish-led Provincial Reconstruction attempted to discuss how NATO could best Naval Attache in Oslo, the ship’s Captain, Mi- Team (PRT) in northern Afghanistan. Other communicate the importance of the Alliance chael Feyedelem and the entire ship’s crew issues discussed included the current global and its missions to the general populations of for welcoming us aboard for the memorial economic and financial crisis which has hit the alliance members. There was also a very service. I also wish to thank U.S. Ambassador Finland, climate change, and cooperation on interesting presentation on the food-security to Norway, Benson Whitney, for hosting the issues involving the ‘‘high north’’ and the arc- nexus by Josette Sheeran, Executive Director reception for our delegation, the ship’s crew, tic. of the United Nations World Food Program. the Mayor of Oslo, and other dignitaries to Our delegation also held policy discussions The Committee then debated a report on the share this special moment with us. The mem- with representatives of the government, includ- growing threat of piracy to regional and global bers of our delegation were also able to visit ing the Under-Secretary of State at the Min- security. Our colleague, DAVID SCOTT, who with sailors and marines whose stateside istry of Foreign Affairs (MFA), the principle had recently visited Somalia, offered several homes included many of the states rep- policy advisor to the Prime Minister, the Dep- comments on the relationship between the un- resented by Members of our delegation. uty Director of the Political Department in the stable political and economic situation in So- In sum, Madam Speaker, the spring session MFA, the head of the office for North Amer- malia and the growing use of Somalia as a of the NATO Parliamentary Assembly in Oslo ican affairs at the MFA, and the Deputy Direc- base for pirate activity. A report on the current was a success and as President of the As- tor at the Ministry of Defense. Again, a wide political situation in Moldova was also pre- sembly, I took pride in the deliberations and range of issues including Russia, NATO, and sented. participation of the delegates from all 28 mem- the economy were discussed. The Defense and Security Committee heard bers nations and our associate and observer On May 28, our delegation traveled to two reports on NATO’s ongoing operations in members. For Members of the House or Sen- Stockholm, Sweden for bi-lateral meetings. Afghanistan, including a report by NATO’s ate interested in reading the Committee re- The visit to Sweden was also important as the senior civilian representative in Afghanistan, ports or presentations mentioned in this state- Swedes will take over the rotating presidency Ambassador Fernando Gentilini. The Com- ment, they are all available on the NPA web of the European Union on July 1, 2009. We mittee also received a report on the need for site at www.nato-pa.int. I also want to take this were met by U.S. Charge, Robert Silverman NATO to reinforce its mission of territorial de- opportunity to again thank U.S. Ambassador and control officer, Jonas Wechsler who fense. Our colleague JOHN SHIMKUS countered Whitney, our control officer, Auden McKernan, briefed the delegation on relations between the idea that Afghanistan was becoming an and all of the fine men and women of our em- Sweden and the United States. That evening ‘‘American’’ war by pointing out that the United bassy in Oslo for the wonderful job they did we were warmly welcomed at a reception at States’ new Afghanistan/Pakistan strategy, assisting the delegation. the Ambassador’s residence that included which does include additional U.S. military Following the NATO PA plenary, the U.S. guests from the government of Sweden, the forces, was developed in part with European delegation traveled to Bergen, Norway. Nor- Parliament, and others. Lively discussions fol- input. way was celebrating the 100th anniversary of lowed on the new U.S. administration and its

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.011 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1393 views on transatlantic relations, the differences reer of devoted service. Sister Lagocki’s retire- Account: Department of Justice, Office of between the European and U.S. views of the ment at the end of the 2009 school year will Justice Programs—Juvenile Justice world, the future role of NATO, relations with mark the end of nearly seven decades of self- Legal Name of Requesting Entity: Boys Russia, and the conflicts in Iraq and Afghani- less service to our nation’s youth. Today, I ask Town Louisiana stan. my colleagues to join me in honoring Sister Address of Requesting Entity: 700 French- The next day, the delegation met with Sten Lagocki’s outstanding commitment to edu- man Street, New Orleans, LA 70116 Tolgfors, the Minister of Defense for Sweden. cational excellence. Sister Lagocki embodies Description of Request: I have secured The Minister briefed us on Sweden’s global the positive influence that teachers and school $147,000 for Boys Town Louisiana, New Orle- outlook, their participation with NATO in the administrators can be on students every day ans, LA. The funding would be to expand an Balkans and Afghanistan (they have 290 across this great country. integration of the Boys Town Treatment Fam- troops and lead a PRT in the north), Russia, In Sister Lagocki’s accomplished career as ily Home program and its Home Family Serv- and the reforms they have instituted within the an educator, she served as a classroom ices program to serve more at-risk girls and defense establishment, including the decision teacher in three parish schools before becom- boys and their families. I certify that neither I to pursue an all-volunteer professional military ing assistant principal at Good Council High nor my spouse has any financial interest in (they, like the Finns, have a conscript military). School. Sister Lagocki then served as prin- this project. Sweden, like Finland, does entertain the pos- cipal of St. Mary School and St. Roman f sibility of future NATO membership but the School in Milwaukee, Wisconsin, before re- Minister told the delegation that currently the turning to Illinois to serve as Principal for St. CONSUMER ASSISTANCE TO parliament is split on the idea and so it is not Wenceslas in Chicago, and then finally St. RECYCLE AND SAVE ACT on the government’s current agenda. The del- Richard School on the Southwest Side. SPEECH OF egation then proceeded to a working lunch St. Richard School is a Catholic school that hosted by Ms. Karin Enstrom, head of the serves the parish community and is both an HON. DENNIS J. KUCINICH Swedish delegation to the NATO Parliamen- expression of and a witness to the faith of its OF OHIO tary Assembly and attended by other parlia- people. Believing that a child’s development IN THE HOUSE OF REPRESENTATIVES mentarians. The discussion was lively and best occurs within the framework of a positive Tuesday, June 9, 2009 covered the entire spectrum of U.S.-Swedish and structured environment, St. Richard relations. Following lunch, the delegation met School offers innovative and high quality edu- Mr. KUCINICH. Madam Speaker, though I with State Secretary Frank Belfrage from the cational programs. The aim of these programs voted for the Consumer Assistance to Recycle Ministry of Foreign Affairs. Discussions cen- is to challenge each student while teaching and Save or the CARS Act, I have serious tered on Russia, Afghanistan, and Sweden’s basic skills, within a Christian atmosphere reservations about it. Unfortunately, despite its upcoming presidency of the European Union. where mutual respect, order, and values are good intentions, it will send jobs overseas and One of Sweden’s priorities will be climate high priorities. it does little to help our ailing climate. change and preparing the EU’s positions for It is my honor to recognize Sister Francine I cosponsored H.R. 1550, an earlier version the Copenhagen Conference on climate Lagocki, who served as an example of one of of the bill. That version allowed consumers to change that will be held in December. The the best in K–8 school leadership and helped get a voucher for cars assembled in the U.S. Secretary expressed his hope that the United foster a greater understanding of the prin- The version under consideration today has no States and EU will work closely together on cipal’s key role in meeting the challenging re- such assurances, which means that significant this issue and to help forge a consensus on sponsibility of educating children. amounts of the funds will go toward the pur- the follow-on efforts to the Kyoto Climate f chase of cars made in countries like China. agreement. We are giving with one hand and taking with Madam Speaker, the NATO Parliamentary EARMARK DECLARATION the other. Assembly provides a unique opportunity for Our auto industry needs our help more than Members of Congress to engage in serious HON. STEVE SCALISE ever. Yet we are handing over money, jobs discussions on critical issues with our col- OF LOUISIANA and infrastructure to our international competi- leagues from other NATO member states, as- IN THE HOUSE OF REPRESENTATIVES tion. It is made worse by the terms of the GM bankruptcy which requires that plants in the sociate and observer states. I believe our del- Friday, June 12, 2009 egation, and thus this Congress, benefits U.S. are closed while shipping auto manufac- greatly from the information we exchange and Mr. SCALISE. Madam Speaker, pursuant to turing jobs to other countries like Mexico and the personalities we meet during these meet- the Republican Leadership standards on Con- South Korea. We can’t protect the auto indus- ings. I look forward to our next NATO PA ses- gressionally-directed project funding, I am sub- try by sending their work to other countries. sion in November in Edinburgh, Scotland. mitting the following information regarding f In conclusion, I would like to again acknowl- project funding I requested for Southeast Lou- ENERGY edge the hard work and dedication of our Em- isiana as part of the Fiscal Year 2010 Com- bassy staffs in Oslo, Helsinki, and Stockholm, merce, Justice, and Science Appropriations and the men and women of the U.S. Navy Bill. HON. BARBARA LEE vessels we visited while in Norway. I espe- Requesting Member: Congressman STEVE OF CALIFORNIA cially want to thank our entire military escort SCALISE IN THE HOUSE OF REPRESENTATIVES Bill Number: Fiscal Year 2010 Commerce, group from the United States Air Force, includ- Friday, June 12, 2009 ing the pilots. Our diplomatic corps and mili- Justice and Science Appropriations Bill tary personnel provide a quiet but invaluable Account: Department of Justice, COPS Law Ms. LEE of California. Madam Speaker, I service in ensuring our safety and this group Enforcement Technology would first like to thank Rep. ELLISON for hold- of diplomats, servicemen and women was no Legal Name of Requesting Entity: Wash- ing this special order tonight as Congress exception. I thank them for their hard work ington Parish Sherriff’s Office works to break away from business-as-usual and their dedication to duty. Address of Requesting Entity: 1002 Main with regards to our nation’s energy future. Street, Franklinton, Louisiana 70438 I would also like to thank the Chairs of the f Description of Request: I have secured Congressional Progressive Caucus, Rep- HONORING SISTER FRANCINE $291,000 for the Washington Parish Sheriff’s resentatives WOOLSEY and GRIJALVA, for your LAGOCKI, PRINCIPAL OF SAINT Office. The funding will provide law enforce- leadership and your tireless efforts to promote RICHARD SCHOOL ment equipment, and provide proactive and proper stewardship of our communities by pro- reactive law enforcement activities for the tecting the environment. HON. DANIEL LIPINSKI safety of citizens and law enforcement officials It is so important that we continue to call for OF ILLINOIS engaged in law enforcement activities. I certify action on these issues surrounding global IN THE HOUSE OF REPRESENTATIVES that neither I nor my spouse has any financial warming and the continued degradation of our interest in this project. environment that is perpetuated by our de- Friday, June 12, 2009 Requesting Member: Congressman STEVE pendence on fossil fuels. Mr. LIPINSKI. Madam Speaker, I rise today SCALISE As I have said time and time again—there to honor Sister Francine Lagocki, Principal of Bill Number: Fiscal Year 2010 Commerce, is no denying the interconnection between our Saint Richard School in recognition of her ca- Justice and Science Appropriations Bill stewardship of the environment and the state

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.011 E12JNPT1 tjames on PRODPC75 with REMARKS E1394 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 of the economy, public health, and our com- training, support, and work experience to inde- CONDEMNING SHOOTING AT U.S. munities. pendently pursue careers in the new energy HOLOCAUST MUSEUM The drastic acceleration of greenhouse gas economy. emissions has often been concentrated in low- The fact is, ‘‘Green’’ has already become SPEECH OF income and minority communities, putting the fifth largest industry in the nation—80 per- HON. CHRISTOPHER H. SMITH these vulnerable populations on the ‘‘front cent of venture capital investments in 2008 OF NEW JERSEY lines’’ of the fight against environmental deg- were in the clean energy and energy efficiency IN THE HOUSE OF REPRESENTATIVES radation and global climate change. sector. Thursday, June 11, 2009 Simply put, climate change has, and will Between 1998 and 2007, job growth in the continue to exacerbate the problem of poverty clean-energy economy outperformed total job Mr. SMITH of New Jersey. Mr. Speaker, and inequality, and none of us can afford to growth in 38 states and the District of Colum- yesterday, as Ranking Member of the Africa take this lightly. bia, and we are just beginning to tap into our Subcommittee, I joined several colleagues at The health of our community and our neigh- nation’s clean energy potential. an important Foreign Affairs Committee meet- bors affects all of us. Passing comprehensive clean energy and ing with Prime Minister Morgan Tsvangirai of Let me take a moment to reflect upon the climate legislation, especially one which in- Zimbabwe. urgent need to finally put a price on carbon cludes a robust Renewable Energy Standard, It was an extraordinary opportunity to dis- emissions and make polluters pay for the pol- is essential to delivering cleaner energy and cuss Zimbambwe’s progress towards democ- lution they produce. good-paying jobs to communities across the racy and away from dictatorship, hyper- As a member of the Congressional Progres- nation. inflation, and multiple health crises, including sive Caucus, I look forward to working with my A strong Renewable Energy Standard will cholera—and obtain a fuller understanding of colleagues here in Congress to pass respon- spur innovation and the expansion of eco- what additional steps the U.S. can take to sible and comprehensive climate legislation nomic opportunities surrounding the green help. That meeting, however, occurred at pre- that will establish a price for carbon emissions movement. cisely the same time the House considered H. and spur the development of clean, renewable The current draft of the American Clean En- Res. 529, a resolution condemning the June energy and the deployment of much-needed ergy and Security Act sets America on a path 10th violent attack on the Holocaust Memorial energy efficient technologies. to meet 20 percent of our electricity demand Museum—a despicable anti-Semitic act that Legislation which sets us on the path toward through renewable energy sources and energy killed Officer Stephen Tyrone Johns. As so energy independence and a new, low-carbon efficiency by 2020. eloquently articulated by many colleagues yes- economy will help to maintain the United This is an important start, but I am also con- terday, I—we—salute officer Johns for his States position as a leader in innovation while fident we can do more. bravery and courage and extend our deepest at the same time creating hundreds of thou- It is the time to think big, not small, and I condolences to his family. sands of good paying green jobs. urge my colleagues to consider strengthening I rise today to not only express my support The biggest misconception out there today this standard so that we might take full advan- for H. Res 529 but also to thank my friend and regarding our environment is that the public tage of the enormous renewable energy po- colleague Mr. Klein for introducing it and for isn’t engaged, or willing to transition to a sus- tential across this country. including me as a co-sponsor. tainable, environmentally-friendly economy. This is only one of many important priorities we must address in order to ensure no com- Mr. Speaker, the Holocaust Memorial Mu- In reality, the shift to a low-carbon economy seum is a noble and vitally necessary attempt represents an economic opportunity for indi- munities are left behind in the transition to a low-carbon economy. to remember and honor the victims of the Hol- viduals across this country. ocaust. The memorial itself is a witness to One of the most exciting and inclusive solu- There is no doubt in my mind that a greener truth and promotion of human dignity and tol- tions to the many issues facing environmental future will lead to a more prosperous future for erance. health is the possibility afforded to us by pro- our communities, the Nation, and the world. I urge my colleagues to act swiftly to move Wednesday’s attack on that museum by a moting Green Jobs Training and the growth of America beyond its dependency on oil, ad- crazed, hate-filled gunman is yet another the Green Economy in America. chilling reminder that our society still harbors To that end, I have reintroduced legislation dress the climate crisis, and help protect America’s natural resources for our children’s a dangerous collection of bigots and racists entitled the Metro Economies Green Act, or who hate Jews. MEGA, H.R. 330, which establishes grant pro- future. f Unparalleled since the dark days of the Sec- grams to encourage energy-efficient economic ond World War, Jewish communities around development and green job training and cre- CONSUMER ASSISTANCE TO the world are facing violent attacks against ation. RECYCLE AND SAVE ACT synagogues, Jewish cultural sites, cemeteries This legislation would also create a national and individuals. Anti-Semitism is an ugly re- institute to serve as a clearinghouse for best SPEECH OF ality that won’t go away by ignoring or wishing practices information in order to facilitate the HON. CHRIS VAN HOLLEN it away. It must be combated with resolve and successful expansion of the green jobs move- OF MARYLAND tenacity. ment on a national scale. IN THE HOUSE OF REPRESENTATIVES The sad deeply troubling reality is that As the Representative of California’s 9th James von Brunn cannot be dismissed as an Tuesday, June 9, 2009 Congressional District, I would also like to take aberration, but is connected to a whole hate- a moment to recognize the role that Califor- Mr. VAN HOLLEN. Madam Speaker, I rise promoting movement that results in violence nia’s East Bay is playing at the forefront of the in support of the CARS Act for the fleetwide against Jews in America and around the world Green Jobs and Green Industry movement. fuel efficiency gains it will create, the energy on practically a daily basis. We have a number of innovative initiatives security it will enhance, the air quality it will The Anti-Defamation League recently issued in my district in particular, including the East improve and the boost it will give our flagging its annual Audit of Anti-Semitic Incidents. Bay Green Corridor Initiative, the Oakland economy. While the ADL is to be congratulated for its Green Jobs Corps, the Joint Bio Energy Insti- Under this ‘‘Cash for Clunkers’’ legislation, careful research on an unpleasant but abso- tute, the Lawrence Berkeley National Labora- consumers with vehicles getting less than 18 lutely necessary subject, the ugly facts that tory, and the Energy Biosciences Institute at MPG can get vouchers for $3500 towards the the report documents make for painful read- Berkeley. purchase of a new vehicle that gets at least 4 ing. I recently visited the site of the Oakland MPG better than the vehicle they are retiring— In 2008, the ADL noted 1,352 reported inci- Green Jobs Corps with Special Advisor to and $4500 towards the purchase of a new ve- dents of vandalism, harassment, and physical President Obama on Energy and Climate hicle that gets at least 10 MPG better than the assaults on Jewish people or Jewish-owned Change, Carol Browner, in order to show her vehicle they are retiring. property nationwide. a truly groundbreaking example of green-collar While I am among those who would favor Sadly and shamefully, my own state of New workforce development already up and run- even stronger standards, this legislation never- Jersey had more reported anti-Semitic inci- ning in Oakland, CA. theless points American drivers in the right di- dents—238—than any other state. The Oakland Green Job Corps is a partner- rection and will stimulate new car sales during But the attack on the Holocaust Memorial ship of community organizations, trade unions, a period of time when the auto industry and Museum, Mr. Speaker, is the most ominous private companies, and the City of Oakland. It their dealer networks can use that business aspect of this wave of evil. The Holocaust Me- provides Oakland residents with the necessary the most. I urge my colleagues’ support. morial Museum is a unique institution. It is a

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.011 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1395 memorial, a museum, a center of Holocaust WOUNDED VETERAN JOB This massive project required the closure of scholarship, and a promoter of tolerance and SECURITY ACT Interstate 40—a main east to west coast cor- preventer of genocide. It is a very powerful ridor—for fourteen months. The night before symbol of the solidarity of America with those SPEECH OF the closure, Fred says he could not sleep, and murdered in the Holocaust, and with the Jew- HON. CHARLES B. RANGEL there were plenty more sleepless nights to ish people. OF NEW YORK come. We can only hope that all government Mr. Speaker, at this critical moment we IN THE HOUSE OF REPRESENTATIVES servants devote such care and commitment to need government officials at all levels to de- Monday, June 8, 2009 their work. nounce, without hesitation or delay, every anti- Every project Fred has overseen is a true Mr. RANGEL. Madam Speaker, I rise today testament to his character, and there was no Semitic act wherever and whenever it occurs. in support of our brave men and women in the No exceptions. At this moment, not to speak one more qualified than him to lead the Armed Forces who are returning to our nation SmartFix40 project. Fred has been on the job out enables the purveyors of hate. They never in increased numbers to find that their employ- take a holiday or grow weary, nor should we. with the Tennessee Department of Transpor- ment prospects are limited because they have tation since 1954, a career that has spanned Just as Mr. Brunn attacked the Holocaust chosen to fight for our great nation. The detri- 53 years and 10 Governors. Memorial Museum and murdered a coura- mental effect of multiple deployments upon As an entry-level worker in 1954, Fred geous security officer tasked with its protec- our soldiers has been increasingly seen and planted stakes in the ground to mark the route tion, Holocaust remembrance and tolerance documented in an effort to ameliorate the situ- of future roads for $150 a month. Eventually, education must dramatically expand, and we ation. Yet those soldiers who have chosen the he was promoted to maintenance supervisor need to ensure that our respective laws pun- route towards getting help whatever their ail- for a large portion of my Congressional Dis- ish those who hate and incite violence against ment may be, from physical wounds to psy- trict, back in a time when there was a lot more Jews. chological are now being ostracized. snow to deal with. As his career spanned the Finally, if we are to protect our children from It is our duty as a nation and government to 1980s, Fred witnessed the advent of the age the evil of anti-Semitism, we must reeducate protect those who have so valiantly fought for of conservation, navigating water pollution ourselves and systematically educate our chil- our freedoms. Our objectives should be to issues, wildlife preservation, and erosion. dren. While that starts in our homes, the make sure that they are included in the proc- Governor Lamar Alexander appointed Fred classroom must be the incubator of tolerance. ess of reestablishing our economy in the most the Director of Region One in 1985, and al- It seems to me that only the most hardened vital way possible—employment. Not only though he thought his job would be up at the racist can remain unmoved by Holocaust edu- should we fight for their inclusion, but we end of the Governor’s term, he was kept in the cation and remembrance. Only the most should also help them in providing the tools position through three more administrations. crass, evil, and prejudiced among us can necessary for them to fairly compete in the job Today, decades after he drove his first study the horrors of the Holocaust and not cry market whether it is psychological counseling stake into the ground, Fred is on hand for the out: Never again! for trauma experienced while in combat or job reopening of Interstate 40 and the completion training to bolster the unique skill sets they of SmartFix40. He goes out at the top of his f have acquired during their time in the service. game, leaving for all East Tennesseans a Our fellow soldiers are part of the fabric that reconfigured, aesthetically pleasing, and mod- RECOGNIZING MORGAN ARANDA weaves the story of our great nation. They are ern stretch of highway. the seams of the garment that bring us all to- Fred’s ascent through the ranks of the Ten- gether despite our backgrounds or cultures. nessee Department of Transportation to Direc- HON. MIKE QUIGLEY Without them we as a nation will fall apart. It tor of Region One is an example to all who OF ILLINOIS is up to us to reinforce the stitching that keeps enter government service. His wife, Loretta, IN THE HOUSE OF REPRESENTATIVES us together—we need to do whatever it takes their two sons, four grandchildren, and great- to keep them strong and viable. grandson have reason to be very proud. Friday, June 12, 2009 This is why I am in support of H.R. 466 Madam Speaker, in closing, I would like to which advocates for the end of discrimination call the remarkable service of Fred Corum to Mr. QUIGLEY. Madam Speaker, I rise today towards our soldiers who have left the service the attention of my colleagues and other read- in recognition of Morgan Aranda, a student of with more than they enlisted. Many return to ers of the RECORD, and wish Fred a very Newberry Academy in Chicago. She has come us suffering from the trauma of the wars and happy retirement. to Washington, D.C. this week to compete in others with wounds that only time may be able the 2009 National History Day Contest at the f to heal. I call upon the Members of Congress University of Maryland. and the nation to support our men and women CONDEMNING THE MURDER OF DR. National History Day was started in 1974 in uniform. GEORGE TILLER with the intent of improving the historical lit- f eracy and research skills of junior high and SPEECH OF high school aged children. Despite its name, HONORING FRED CORUM HON. DENNIS J. KUCINICH National History Day has a variety of pro- OF OHIO grams year-round, including its week-long na- HON. JOHN J. DUNCAN, JR. IN THE HOUSE OF REPRESENTATIVES tional contest in which Morgan is a chosen OF TENNESSEE Tuesday, June 9, 2009 participant. With the guidance and support of IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise in strong countless parents, teachers and friends, Friday, June 12, 2009 500,000 students are able to participate in Na- support of H. Res. 505, condemning the mur- tional History Day events annually. As Morgan Mr. DUNCAN. Madam Speaker, I rise today der of Dr. George Tiller. Dr. Tiller was shot to and her fellow young historians would likely to honor a gentleman who has left an impact death at his church on May 31, 2009. It is with agree, the National History Day’s motto, ‘‘it’s on every county in Congressional District and great sorrow and a heavy heart that I extend not just a day, it’s an experience,’’ rings true. touched the lives of everyone in East Ten- my condolences to his friends and family. nessee, whether they may know it or not. A sixty-seven-year-old physician, a hus- Morgan has been selected to represent Illi- Fred Corum exemplifies the concept of gov- band, a father of four, and a grandfather of nois for her junior individual performance enti- ernment and community service. As the Direc- ten, Dr. Tiller dedicated his life to providing tled ‘‘Alexander Polikoff and the Fight for Fair tor of the Tennessee Department of Transpor- family and community health care services in Housing.’’ Her work is the culmination of many tation’s Region One, Fred has devoted a long Wichita, Kansas. Dr. Tiller’s murder leaves in hours of research and multiple public perform- career to the safety and quality-of-life of east its wake an unsettling sense of grief and sad- ances. Morgan’s dedication, discipline and tal- Tennesseans. ness that continues to ripple its way through ent are undeniable. Fred is celebrating his much earned retire- countless communities of patients, colleagues, I’m honored to recognize Morgan and her ment today with a gift back to the people he friends and family members. To the legions of achievements as a young historian. What she served: the completion of SmartFix40. This admirers who view the care that he provided has accomplished already in her life are the project is the most expensive in state history, as an essential option for the women most in beginnings of a bright and successful future reconfiguring Interstate 40 as it crosses need, he will be sorely missed. and I wish her the best of luck at the competi- through downtown Knoxville. SmartFix40 is Dr. Tiller was beloved for his profes- tion and onward. not a venture he took lightly. sionalism, his compassion and sensitivity. He

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.013 E12JNPT1 tjames on PRODPC75 with REMARKS E1396 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 showed unwavering courage and commitment tle brother, he would help take care of her. He Tanny is survived by his wife, Edwina Baca; to his patients. Dr. Tiller deserves to be ac- was always willing to give her a hand with her his children, Angel Baca, Eloisa Madero, knowledged for the service that he provided to car, and moving whatever she needed, he Penny Gray, Tim Baca, Lisa Baca, Nick his community. His senseless murder must be was always there to help her. Connolly, Toby Connolly, and Liz Pullen; strongly condemned. A truly democratic soci- On behalf of my brother I would like to brothers and sisters, Florenio Baca, Lupe Na- ety includes a thriving atmosphere of political share a message from him to his children, pier, Morris Baca, Raymond Baca, Joe Baca debate and dialogue, regardless of the inten- Toby, Nick, and Liz. ‘‘Even though we were and Theresa Perea; his grandchildren and by sity of the debate. The use of violence and separated, in my heart I never stopped loving a large extended family who share in the loss. murder as a means to express dissent is not and caring for you.’’ To all his children, he The thoughts and prayers of my wife Bar- only undemocratic, but simply unacceptable. loved you all very much. bara and children, Councilman Joe Baca, Jr., I strongly support this important bill and I would also like to share a few memories Jeremy, Natalie and Jennifer and I are with urge my colleagues to vote in favor of H. Res. from his wife and several of his children. the family at this time. 505. The thing I remember most is when we f went to Las Vegas to get married and the f judge said, ‘‘Do you take this man Ladislao CONDEMNING SHOOTING AT U.S. PERSONAL EXPLANATION Baca as your husband?’’ and I said, ‘‘What?’’ HOLOCAUST MUSEUM because I only knew him as Tanny. Later we all laughed about it because we thought it SPEECH OF HON. BLAINE LUETKEMEYER was funny and the judge thought that she OF MISSOURI wants to marry this man and she does not HON. CHRIS VAN HOLLEN IN THE HOUSE OF REPRESENTATIVES even know his name. Edwina Baca, Wife. OF MARYLAND Dad no matter what, you were always IN THE HOUSE OF REPRESENTATIVES Friday, June 12, 2009 there for us, through good and bad times, we Thursday, June 11, 2009 Mr. LUETKEMEYER. Madam Speaker, I always will respect and love you, and you will be in our hearts forever. Liz Pullen, Mr. VAN HOLLEN. Mr. Speaker, it is with a would like to state for the record my position Toby and Nick Connolly, Daughter and Sons. on the following vote I missed due to being heavy heart that I rise today in support of My dad was a caring and loving man. He House Resolution 529, condemning the violent delayed at a committee hearing. never let anyone be without what they need- On Thursday, June 11, 2009, I missed roll- ed and his garage was always open for any- attack on the United States Holocaust Memo- call vote No. 332. Had I been present, I would one. He and his friends would sit out there rial Museum on June 10, 2009 and honoring have voted ‘‘aye’’ on rollcall vote No. 332. for hours talking. He will surely be missed. the bravery and dedication of United States Angel Baca, Daughter. Holocaust Memorial Museum employees and f Dad, you are the best and you will always security personnel. I also rise to pay tribute to TRIBUTE TO THE LIFE OF be in my heart. You were always there for officer Stephen Johns. LADISLAO ‘‘TANNY’’ BACA me. You touched many lives. I will always A Maryland resident, Officer Johns was a remember when you were by my side when I devoted husband and father. He was a man really needed you. Eloisa Madero, Daughter. HON. JOE BACA Memories I have of my dad growing up are who lived his life protecting other people, and worked every day to ensure the safety and se- OF CALIFORNIA going to work with him everyday as a child and riding the trains with him. Another good curity of the patrons of the National Holocaust IN THE HOUSE OF REPRESENTATIVES memory was all the bar-be-que we had and Museum, a place devoted to the pursuit of Friday, June 12, 2009 how he always had enough food to feed all peace and the end of intolerance. It was a re- the family and the whole neighborhood and Mr. BACA. Madam Speaker, I rise today to sponsibility Officer Johns took very seriously, still had plenty of leftovers. Lisa Baca, and one he gave his life to uphold. ask Congress to pay special tribute to the life Daughter. of a loving husband and grandfather, my The things I remember most about my dad Moments like these are the most painful of brother, Ladislao ‘‘Tanny’’ Baca, of Barstow, is when he took me hunting and he lost me reminders that when hate results in violence, CA. Tanny passed away June 6, 2009, at the and he did not want me to tell my mom be- it robs us of our family members, neighbors, age of 69 after complications with a brave life- cause then I would never be able to go with and friends. It claims the best and bravest long battle with diabetes. Dad again. I also remember the time I dug a among us. Yesterday, in a place dedicated to hole on the side of the house and filled it ending such bigotry, a well-liked and thought- Born in Las Nuetras, New Mexico January with water and was playing in the mud. Oh 8, 1940, Tanny made an impressionable im- ful man was stolen from us. man, did I ever get in trouble. Tim Baca, Mr. Speaker, please join me in honoring the pact on all he came in contact with. Tanny Son. was widely admired by family, friends and col- I remember most about my dad is when my life of Stephen Johns and in renewing our vow leagues. He was hard-working, dedicated, mom went out of town and dad tried to cook to be united in our effort to extinguish the committed, disciplined, loving, supporting. us spaghetti and he just threw everything in flames of bigotry and intolerance in this coun- Even though his bark was worse than his bite, a pot all together and said it was just like try and around the world once and for all. our mom’s and it tasted nothing like how f he was a kind and loving brother, husband, fa- mom made it. Penny Gray, Daughter. ther and grandfather. He will be remembered by his grandchildren CELEBRATING THE 234TH For 16 years he worked as a Switch Man as someone who was always able to bring a ANNIVERSARY OF THE U.S. ARMY and Local Engineer for the Santa Fe Railroad smile to their face and share a lot of love and in Barstow, CA. He worked and retired after time with them. HON. GERALD E. CONNOLLY 19 years as a Local Engineer at the Marine He was an active outdoorsman who enjoyed OF VIRGINIA Base in Yermo, CA. Tanny also honorably fishing and hunting various game; including IN THE HOUSE OF REPRESENTATIVES served 16 years with the National Guard. deer, antelope, and bear. When he wasn’t en- Friday, June 12, 2009 He is remembered by most as a generous joying the great outdoors he could be found man who always had time to share with oth- enjoying Spanish music and dining at his fa- Mr. CONNOLLY of Virginia. Madam Speak- ers. His giving spirit will be missed by his vorite restaurant, ‘‘Del Taco’’. er, I rise today to call attention to an upcoming community. He loved his brothers and sisters He also loved to get his family together anniversary that is significant to our national especially Florenio, Morris, Raymond, Lupe through his cooking. Barbequing was his way security and history. This Sunday, June 14th, and Theresa. He enjoyed spending time loving of having family reunions to enjoy barbequed members of the Active Duty Army, Army Re- us all. He was everything you would want in cow and pig. He enjoyed bringing us together; serve, and Army National Guard will celebrate a brother, son, husband, and grandfather. he was always about family. the United States Army’s 234th birthday. Tanny enjoyed spending time in his garage. Tanny was a devoted Catholic and attended The celebrations began this morning with He and his brothers, Florenio and Morris St. Joseph’s Catholic Church in Barstow with the annual Department of the Army cake-cut- would love to hang out and just enjoy their his wife Edwina. ting ceremony at the Pentagon. There is also time there. Tanny also spent time in his ga- From Las Nuetras, New Mexico to Barstow, an Army Birthday Ball and events for children, rage helping teenagers, seniors and others California, Tanny’s life was dedicated to fam- such as book readings. Celebrations like this with limited resources work on their cars. He ily, friends, and his community. His memory will take place at garrisons and communities was less worried about being paid and always lives on in our thoughts and prayers. We say around the world. happy to help those in need. He was that kind ‘‘goodbye. God bless you, we love you, and One of these communities is Virginia’s Fort of man. Even though he was Lupe Napier’s lit- we will miss you’’. Belvoir, where the Army is building a National

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.017 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1397 Museum of the United States Army supported our country and across the globe is something May we speak with one voice today in sa- by the Army Historical Foundation. For too his family will look back on for generations lute to these boys, many of whom are now long the United States Army has been our with pride and admiration. The same can be men raising sons and grandsons of their own, only service that does not have a comprehen- said of his vast extended family, those fortu- and mark February 8, 2010 as the day for rec- sive place where its proud heritage can be nate enough to be in the Brotherhood—and ognition of the Boy Scouts. shared with the American public. The National Sisterhood—of Teamsters. f Museum of the United States Army will serve f this purpose. CONDEMNING SHOOTING AT U.S. More than 30 million men and women, in- PERSONAL EXPLANATION HOLOCAUST MUSEUM cluding many members of Congress, have SPEECH OF served in the oldest and largest of our armed HON. DEVIN NUNES forces. Since the founding of the Continental OF CALIFORNIA HON. AL GREEN Army of the United States in 1775, the selfless IN THE HOUSE OF REPRESENTATIVES OF TEXAS service and personal sacrifices of our Soldiers Friday, June 12, 2009 IN THE HOUSE OF REPRESENTATIVES has been woven into the fabric and culture of Mr. NUNES. Madam Speaker, on the legis- Thursday, June 11, 2009 this great country. I encourage my colleagues lative day of Thursday June 11, 2009, I was Mr. GREEN of Texas. Mr. Speaker, I rise in to take June 14th, 2009—the occasion of the unavoidably detained and was unable to cast strong support of H. Res. 529 and to express Army’s 234th birthday, to let our Soldiers know a vote on a number of rollcall votes. Had I my outrage at the violent attack on the United that they have our thanks and our appreciation been present, I would have voted: rollcall States Holocaust Memorial Museum on June and that a great Army deserves a great Na- 334—‘‘yea’’. tional Museum. 10, 2009, along with my deepest sympathies f f to all of those who knew Stephen T. Johns, CELEBRATING 100 YEARS OF the brave and honorable security guard who IN HONOR OF THE LIFE’S WORK AMERICAN BOY SCOUTS tragically died in the attack. OF CHUCK MACK Stephen T. Johns, 39, died tragically in the HON. CHARLES B. RANGEL line of duty as he defended the Holocaust Me- HON. JACKIE SPEIER OF NEW YORK morial Museum from an attack by acknowl- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES edged white supremacist, racist and anti-Sem- IN THE HOUSE OF REPRESENTATIVES ite James von Brunn. He leaves behind his Friday, June 12, 2009 sister, his wife and his 11-year-old son. Friday, June 12, 2009 Mr. RANGEL. Madam Speaker, I rise today It is tragic that, as this incident dem- Ms. SPEIER. Madam Speaker, I rise today in tribute to our nation’s youngest and littlest onstrates all too vividly, racism and anti-Semi- in recognition of the outstanding contributions public servants—in stature, perhaps, but cer- tism are still alive in America. It is tragic when- of retiring Teamsters Union Western Region tainly not in heart—the Boy Scouts of Amer- ever there is a revolting act of violence that Vice President Chuck Mack. ica. For a century, these young boys and their takes the life of an innocent person. It is espe- Mr. Mack began his work with the Team- counselors have been on the front lines, safe- cially tragic that, in this situation, the forces of sters in 1962, loading and driving trucks in guarding and protecting America and her val- hate and violence were unleashed at this au- Oakland, California. Just a few years later, he ues: democracy, tolerance, compassion, and gust institution that is dedicated to memori- was elected business agent of Teamsters generosity, just to name a few. Heralded as alizing and preventing a recurrence of the Hol- Local 70 and was re-elected with the largest the largest youth scouting organization, the ocaust that appallingly took the lives of mil- number of votes in the Local’s history. So Boy Scouts has inspired and motivated a lions of innocent civilians. began his 43-year career of dedicated service cadre of young men to love this country, to Mr. Johns and all the rest of the security as one of the top leaders in the international work—tirelessly and humbly—without ingrati- guards in the Holocaust Memorial Museum Teamsters Union. Mr. Mack was elected Sec- tude, and to give of themselves to their com- deserve our fullest commendation, as they retary-Treasurer of Local 70 in 1972, Presi- munities and to the downtrodden. The organi- acted heroically to prevent the museum’s des- dent of Joint Council 7 in 1982 and, finally, zation has left its mark, a mark that runs a full picable attacker from enacting even more Western Region Vice President in 1998—all century deep into the annals of this country’s harm. positions he held until his retirement this year. history, touching the lives of generations of I condemn the shooting completely, fully As the Western Region Vice President, boys and of those they have helped. and without reservation. This type of attack is Chuck was a champion for millions of Amer- Next February 8, the Boy Scouts will cele- totally unacceptable, as are the racist and ican workers, even as he maintained a per- brate its centennial anniversary, honoring its anti-Semitic motivations underlying it. I thank sonal commitment to local laborers and the inception in February of 1910 by a Chicago my friend, Rep. KLEIN, for introducing this im- unions who represent them in my District and publisher, William Boyce. Since that day, 111 portant resolution. in California. Following his retirement, he will million men have joined the ranks of the f continue his commitment to the Teamsters, Scouts, committing to 12 hours of community taking up leadership of the Western Con- service every year. America benefits from 30 HONORING THE ACHIEVEMENTS OF ference Teamster Pension Trust. million hours every year due to the toil of DR. ESTEBAN FERNANDEZ Madam Speaker, I have known and worked these youngsters. That means more hands at with Chuck Mack for as long as I have been our airports, and ports, and schools, and hos- HON. ILEANA ROS-LEHTINEN in public service and I know that he is much pitals. It means greater numbers of servers at OF FLORIDA more than just a union leader. In addition to a soup kitchen, of planters at a forestation IN THE HOUSE OF REPRESENTATIVES his tireless fight for the welfare of workers, drive, of readers at a local school. It means Chuck maintained a fierce commitment to en- America is that much stronger, that much Friday, June 12, 2009 vironmental and economic justice. An early safer, and that much more prosperous be- Ms. ROS-LEHTINEN. Madam Speaker, I booster of the Los Angeles Clean Trucks Pro- cause of the sacrifice of a dedicated few. They would like to honor one of South Florida’s gram, Mr. Mack led the fight for sustainable have earned our gratitude and deepest re- most distinguished residents, Dr. Esteban and accountable transportation, keeping our spect. Fernandez. Through his extreme devotion to communities safe and healthy for generations The adult volunteers who these kids look up the field of publishing and his intense belief in to come. to deserve unique and emphatic praise them- the Christian faith, Dr. Fernandez has facili- But no leader, however capable, acts alone. selves. Youngsters are eager to have role tated the diffusion of Christian ideas between Chuck’s family, including his wonderful wife models—and in some quarters of our country, differing languages and cultures, and dedi- Marlene, his four daughters—Tammy, Kelly, there are not many to choose from. Men and cated himself to knowledge. Kerry and Shannon, and Chuck’s eight grand- women willing to dedicate the time and care to Dr. Fernandez holds a doctorate in Philos- children, who loaned their husband, dad and lead these kids at a time of overwhelming ophy with an emphasis in leadership and or- grandfather to the cause of working men and change and insecurity are heroes and hero- ganization. He also holds a degree of women everywhere, must be recognized as ines. They have, no doubt, saved lives, and licentiate in Theology awarded by the Faculty well. Chuck Mack’s life-long dedication to the there can be no greater gift than setting right of Theological and Religious Studies of Casa health, livelihood and safety of workers around a life heading wayward. Sobre La Roca. In addition, Dr. Fernandez

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.013 E12JNPT1 tjames on PRODPC75 with REMARKS E1398 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 has been awarded an honorary Doctorate of truly went above and beyond the call of duty. Had I been present, I would have voted Sacred Literature from Logos Christian Col- It was his tenacity and zeal that embodied the ‘‘yea’’ on rollcall vote number 329, on the Mo- lege and an honorary Doctorate of Christian American resolve that set the tone for the rest tion to Instruct Conferees on H.R. 2346, the Counseling by Rhema University. of the war. Men and women like John Finn are Supplemental Appropriations Act. His tenure at Editorial Vida saw into fruition responsible for the success of our Armed Had I been present, I would have voted the Spanish language version of several im- Forces. To John Finn, we are forever grateful ‘‘yea’’ on rollcall vote number 330, on H.R. portant Christian texts, the most notable of for your heroism and service. You are truly a 1687, a bill to designate the Federal building which is La Biblia Nueva Version great American hero. and United States courthouse located at Internacional. Dr. Fernandez also organized f McKinley Avenue and Third Street, SW, Can- the translation and publication of Rick War- ton, OH, as the ‘‘Ralph Regula Federal Build- ren’s A Purpose Driven Life. CONDEMNING SHOOTING AT U.S. ing and United States Courthouse.’’ He was also recognized as one of the ten HOLOCAUST MUSEUM Had I been present, I would have voted best executives for his leadership at Editorial SPEECH OF ‘‘nay’’ on rollcall vote number 331, the Ros- Vida in 2007. The great success that Dr. Lehtinen substitute amendment to H.R. 1886, Esteban Fernandez has achieved is a result of HON. VIRGINIA FOXX the Pakistan Enduring Assistance and Co- his passionate devotion to his field and faith OF NORTH CAROLINA operation Enhancement Act of 2009. and I am truly grateful to call him a friend. IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted f Thursday, June 11, 2009 ‘‘nay’’ on rollcall vote number 332, the Motion to Recommit H.R. 1886, the Pakistan Endur- HONORING LIEUTENANT JOHN Ms. FOXX. Mr. Speaker, when a crazed and racist gunman takes the life of an innocent ing Assistance and Cooperation Act of 2009. FINN ON HIS 100TH BIRTHDAY Had I been present, I would have voted museum guard there are no words to fully ‘‘yea’’ on rollcall vote number 333, final pas- convey both our shock and sorrow. But dis- sage of H.R. 1886, the Pakistan Enduring As- HON. DUNCAN HUNTER gust with this act of violence and great sym- OF CALIFORNIA sistance and Cooperation Act of 2009. pathy for the loved ones of Stephen Johns are Lastly, had I been present, I would have IN THE HOUSE OF REPRESENTATIVES nonetheless our nation’s response to yester- voted ‘‘aye’’ on rollcall vote number 334, on H. Friday, June 12, 2009 day’s senseless and ugly act of violence. Res. 529, condemning the violent attack on While we cannot undo the despicable crime of Mr. HUNTER. Madam Speaker, it is with the United States Holocaust Memorial Mu- a racist murderer, I want to express my deep great honor I rise today to pay tribute to seum on June 10, 2009, and honoring the condolences to the family and friends of Ste- United States Navy veteran Lieutenant John bravery and dedication of United States Holo- phen Johns, the 39-year-old guard who gave Finn on his 100th birthday. Lt. Finn is the old- caust Memorial Museum employees and secu- his life in the line of duty at the U.S. Holocaust est living Medal of Honor recipient and the last rity personnel. Memorial Museum this past Wednesday. living Medal of Honor recipient from the Japa- f nese attack on Pearl Harbor. His actions in The shots of an anti-Semitic gunman have combat and life reflect bravery and courage of tragically ended the life of Mr. Johns, but no HAPPY 234TH BIRTHDAY, U.S. the highest level and I am proud to bring rec- gunman can silence the truth of history en- ARMY ognition to his accomplishments. shrined in the Holocaust Memorial Museum John Finn was born in Los Angeles, Cali- here in Washington, D.C. When Stephen HON. CAROLYN C. KILPATRICK fornia on July 23, 1909, and at the age of 17, Johns lost his life to the bullet of an anti-Sem- ite on Wednesday he was joining the hallowed OF MICHIGAN with the permission of his mother, he enlisted IN THE HOUSE OF REPRESENTATIVES in the United States Navy. His Navy career ranks of those before him who stood in the started aboard American gunboats patrolling way of hatred and violence against Jews. Friday, June 12, 2009 the rivers of Inland China, and in 1940 he was This nation will never tolerate the violence Ms. KILPATRICK of Michigan. Madam assigned to the Naval Air Station at Kaneohe and hatred of anti-Semitism and we will pre- Speaker, I rise today to honor the 234th birth- Bay in Oahu. On December 7, 1941 came the serve the memory of people like Stephen day of the United States Army. As the oldest infamous attack on Pearl Harbor, and it was Johns who refused to give an inch to the branch of the U.S. military, the United States this event that presented Lt. Finn with an op- forces of hatred. We must never allow the sort Army has established the tradition of duty, portunity to display his extraordinary valor. of racist misinformation and twisted, violent honor and country that has been the standard As the first attack on the harbor began, Lt. lies that apparently led a gunman down a vio- of excellence, not only in the military but also Finn managed to secure and man a .50-cal- lent path to gain credence here in America. I in private industry. iber machine gun mounted on an instruction pray that this criminal is swiftly brought to jus- Two hundred and thirty-four years ago, the stand on a completely exposed section of a tice for this senseless act. United States Army was established to defend Mr. Johns’ fellow museum guards who pre- parking ramp under intense enemy fire. Lt. our Nation. From the Revolutionary War to our vented this tragedy from turning into an even Finn, with no regard for his own safety, vigor- current challenges, Global War on Terror, our deadlier event also deserve great praise. Their ously fired upon Japanese aircraft with suc- soldiers remain Army Strong with a deep com- skill, bravery and professionalism no doubt cess. Although he was hit many times by mitment to our core values and beliefs. This saved lives during yesterday’s shooting. My enemy strafing fire, Lt. Finn refused to leave 234th birthday commemorates America’s hope is that thanks to their bravery and the his post until the attack ended. It was only Army—soldiers, families and civilians—who dedicated work of the many employees and under a direct order that he left for the hospital are achieving a level of excellence that is truly volunteers at the Holocaust Museum that to treat has 21 shrapnel and bullet wounds. Army Strong both here and abroad. Their will- many millions of Americans will continue to be However, after receiving medical attention, ingness to sacrifice to build a better future for exposed to the story of the Holocaust. One and despite a great deal of pain and difficulty others and to preserve our way of life is with- gunman cannot stop the educational mission moving, he returned to repair and rearm re- out a doubt, the strength of our Nation. of this museum to ensure that acts of geno- turning planes. Additionally, in recognition of their commit- John Finn served through the rest of World cide like the Holocaust do not happen again. ment to service and willingness to make great War II with great distinction and retired from f sacrifices on behalf of our Nation, the Sec- the United States Navy in 1956. He and wife PERSONAL EXPLANATION retary of the Army established 2009 as Year Alice retired to their ranch in Southern Cali- of the Non Commissioned Officer, NCO. fornia where he continues to live today. HON. JAMES A. HIMES Since 1775, the Army has set apart its In addition to the Medal of Honor, Finn NCOs from other enlisted Soldiers by distinc- OF CONNECTICUT holds the Purple Heart, Navy Unit Commenda- tive insignia of grade. IN THE HOUSE OF REPRESENTATIVES tion, Good Conduct with 2 bars, Yangtze Serv- With more than 200 years of service, the ice Medal, American Defense, American Cam- Friday, June 12, 2009 U.S. Army’s Noncommissioned Officer Corps paign, Pacific Campaign, and the World War II Mr. HIMES. Madam Speaker, I want to state has distinguished itself as the world’s most ac- Victory Medal. for the record that on June 11, 2009, I was at- complished group of military professionals. Madam Speaker, John Finn has never seen tending the funeral of my father-in-law who re- Historical and daily accounts of life as an NCO himself as a hero, but that’s what he is; as his cently passed away, and I therefore missed are exemplified by acts of courage and a dedi- Medal of Honor inscription reads, John Finn the six rollcall votes of the day. cation and a willingness to do whatever it

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.024 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1399 takes to complete the mission. NCOs have States Holocaust Memorial Council; and the silence that is evil’s greatest co-con- been celebrated for decorated service in mili- most importantly, the survivors and rescuers spirator. In the face of horrors that defy comprehen- tary events ranging from Valley Forge to Get- and their families who are here today. It is a great honor for me to be here, and I’m sion, the impulse to silence is understand- tysburg, to charges on Omaha Beach and bat- grateful that I have the opportunity to ad- able. My own great uncle returned from his tles along the Ho Chi Minh Trail, to current dress you briefly. service in World War II in a state of shock, conflicts in Afghanistan and Iraq. We gather today to mourn the loss of so saying little, alone with painful memories Today I wish to celebrate the strength of our many lives, and celebrate those who saved that would not leave his head. He went up Nation and the strength of our Army by salut- them; honor those who survived, and con- into the attic, according to the stories that ing our Non Commissioned Officer Corps and template the obligations of the living. I’ve heard, and wouldn’t come down for six It is the grimmest of ironies that one of the Army’s soldiers, families and civilians by months. He was one of the liberators—some- the most savage, barbaric acts of evil in his- one who at a very tender age had seen the wishing them a happy 234th Birthday! tory began in one of the most modernized so- unimaginable. And so some of the liberators f cieties of its time, where so many markers of who are here today honor us with their pres- human progress became tools of human de- ence—all of whom we honor for their ex- CONDEMNING SHOOTING AT U.S. pravity: science that can heal used to kill; traordinary service. My great uncle was part HOLOCAUST MUSEUM education that can enlighten used to ration- of the 89th Infantry Division—the first alize away basic moral impulses; the bu- Americans to reach a Nazi concentration SPEECH OF reaucracy that sustains modern life used as camp. And they liberated Ohrdruf, part of the machinery of mass death—a ruthless, Buchenwald, where tens of thousands had HON. RUSH D. HOLT chillingly efficient system where many were perished. OF NEW JERSEY responsible for the killing, but few got ac- The story goes that when the Americans IN THE HOUSE OF REPRESENTATIVES tual blood on their hands. marched in, they discovered the starving Thursday, June 11, 2009 While the uniqueness of the Holocaust in survivors and the piles of dead bodies. And scope and in method is truly astounding, the General Eisenhower made a decision. He or- Mr. HOLT. Madam Speaker, I rise today in Holocaust was driven by many of the same dered Germans from the nearby town to tour strong support of House Resolution 529 and forces that have fueled atrocities throughout the camp, so they could see what had been with deep regret that this measure is nec- history: the scapegoating that leads to ha- done in their name. And he ordered Amer- essary. I am saddened deeply by the tragic tred and blinds us to our common humanity; ican troops to tour the camp, so they could the justifications that replace conscience events that took place yesterday at the United see the evil they were fighting against. Then and allow cruelty to spread; the willingness he invited congressmen and journalists to States Holocaust Museum. Especially upset- of those who are neither perpetrators nor bear witness. And he ordered that photo- ting was the loss of Mr. Stephen Tyrone victims to accept the assigned role of by- graphs and films be made. Some of us have Johns, who loyally served and protected those stander, believing the lie that, good people seen those same images, whether in the Hol- visiting the Holocaust Museum for six years. are ever powerless or alone, the fiction that ocaust Museum or when I visited Yad Mr. Johns was known as a warm, friendly indi- we do not have a choice. Vashem, and they never leave you. Eisen- vidual who was well-respected by his col- But while we are here today to bear wit- hower said that he wanted ‘‘to be in a posi- ness to the human capacity to destroy, we leagues. My sincerest condolences and my tion to give firsthand evidence of these are also here to pay tribute to the human things, if ever, in the future, there develops most heartfelt prayers are with his family and impulse to save. In the moral accounting of a tendency to charge these allegations mere- friends, whose lives have been devastated so the Holocaust, as we reckon with numbers ly to propaganda.’’ unfairly. like 6 million, as we recall the horror of Eisenhower understood the danger of si- While yesterday’s violence appears to have numbers etched into arms, we also factor in lence. He understood that if no one knew been the act of single individual, similar ac- numbers like these: 7,200—the number of what had happened, that would be yet an- tions rooted in hatred and intolerance are not Danish Jews ferried to safety, many of whom other atrocity—and it would be the perpetra- later returned home to find the neighbors tors’ ultimate triumph. unknown to our society or our local commu- who rescued them had also faithfully tended What Eisenhower did to record these nities. I am distressed by a recent report from their homes and businesses and belongings crimes for history is what we are doing here the Anti-Defamation League, which indicated while they were gone. today. That’s what Elie Wiesel and the sur- that my own state of New Jersey experiences We remember the number five—the five vivors we honor here do by fighting to make the highest number of anti-Semitic incidents in righteous men and women who join us today their memories part of our collective mem- the country. The persistence of these unac- from Poland. We are awed by your acts of ory. That’s what the Holocaust Museum does ceptable acts throughout our nation indicates courage and conscience. And your presence every day on our National Mall, the place today compels each of us to ask ourselves where we display for the world our triumphs that the sinister notions of anti-Semitism, rac- whether we would have done what you did. and failures and the lessons we’ve learned ism, and intolerance continue to plague our We can only hope that the answer is yes. from our history. It’s the very opposite of si- society. The Holocaust Museum stands as a We also remember the number 5,000—the lence. testament to the tragedy and suffering that number of Jews rescued by the villagers of But we must also remember that bearing can occur when hatred goes unchallenged Le Chambon, France—one life saved for each witness is not the end of our obligation—it’s and turns to violence. It is also a place to re- of its 5,000 residents. Not a single Jew who just the beginning. We know that evil has came there was turned away, or turned in. flect upon tremendous bravery and heroism. yet to run its course on Earth. We’ve seen it But it was not until decades later that the in this century in the mass graves and the Yesterday’s events, and the sacrifices made villagers spoke of what they had done—and ashes of villages burned to the ground, and by Mr. Johns and his loved ones, are a pro- even then, only reluctantly. The author of a children used as soldiers and rape used as a found reminder that we cannot be complacent. book on the rescue found that those he inter- weapon of war. To this day, there are those We must remain vigilant against prejudice and viewed were baffled by his interest. ‘‘How who insist the Holocaust never happened; work together to promote peace and tolerance could you call us ’good’?’’ they said. ‘‘We who perpetrate every form of intolerance— in our hometowns, across the nation, and were doing what had to be done.’’ racism and anti-Semitism, homophobia, xen- That is the question of the righteous— around the world. ophobia, sexism, and more—hatred that de- those who would do extraordinary good at grades its victim and diminishes us all. Finally, I would note that yesterday’s events extraordinary risk not for affirmation or ac- Today, and every day, we have an oppor- bring to mind the stirring call to action by claim or to advance their own interests, but tunity, as well as an obligation, to confront President Obama at the Holocaust Days of because it is what must be done. They re- these scourges—to fight the impulse to turn Remembrance Ceremony in April, and I ask mind us that no one is born a savior or a the channel when we see images that disturb that they be printed in the RECORD in their en- murderer—these are choices we each have us, or wrap ourselves in the false comfort tirety. the power to make. They teach us that no that others’ sufferings are not our own. In- one can make us into bystanders without our stead we have the opportunity to make a REMARKS BY THE PRESIDENT AT THE HOLO- consent, and that we are never truly alone— habit of empathy; to recognize ourselves in CAUST DAYS OF REMEMBRANCE CEREMONY, that if we have the courage to heed that each other; to commit ourselves to resisting UNITED STATES CAPITOL, WASHINGTON, DC. ‘‘still, small voice’’ within us, we can form a injustice and intolerance and indifference in The PRESIDENT. Thank you. Please be seat- minyan for righteousness that can span a whatever forms they may take—whether ed. Thank you very much. To Sara Bloom- village, even a nation. confronting those who tell lies about his- field, for the wonderful introduction and the Their legacy is our inheritance. And the tory, or doing everything we can to prevent outstanding work she’s doing; to Fred question is, how do we honor and preserve it? and end atrocities like those that took place Zeidman; Joel Geiderman; Mr. Wiesel— How do we ensure that ‘‘never again’’ isn’t in Rwanda, those taking place in Darfur. thank you for your wisdom and your witness; an empty slogan, or merely an aspiration, That is my commitment as President. I hope Speaker Nancy Pelosi; Senator Dick Durbin; but also a call to action? that is yours, as well. members of Congress; our good friend the I believe we start by doing what we are It will not be easy. At times, fulfilling Ambassador of Israel; members of the United doing today—by bearing witness, by fighting these obligations require self-reflection. But

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JN8.028 E12JNPT1 tjames on PRODPC75 with REMARKS E1400 CONGRESSIONAL RECORD — Extensions of Remarks June 12, 2009 in the final analysis, I believe history gives gangs, drugs and weapons that make their to Israel, but would not only threaten Israel. As us cause for hope rather than despair—the way into the suburbs, and the respect that the leading state sponsor of international ter- hope of a chosen people who have overcome Chief Carpenter has among his peers is testa- rorism, a nuclear-armed Iran would pose un- oppression since the days of Exodus; of the nation of Israel rising from the destruction ment to what kind of a leader he is. acceptable threats to global security. of the Holocaust; of the strong and enduring As chief, he spearheaded education reforms This rogue nation’s possession of a nuclear bonds between our nations. in the Wilmette Police Department and leaves weapon would likely lead to nuclear prolifera- It is the hope, too, of those who not only a legacy of forward-thinking, well-trained offi- tion elsewhere in the region and around the survived, but chose to live, teaching us the cers who will continue to serve the Village. He globe, while fundamentally altering the stra- meaning of courage and resilience and dig- steadily increased recruitment of women, mi- tegic balance of the Middle East, and endan- nity. I’m thinking today of a study con- norities, and those with foreign-language abil- gering U.S. national security interests. ducted after the war that found that Holo- ity to diversify and bring new skills to law en- Undoubtedly, now is the time for us all to caust survivors living in America actually stand together in support of Israel and global had a higher birthrate than American Jews. forcement. These policies have resulted in in- What a stunning act of faith—to bring a creased approval ratings of the performance peace and security. I urge my colleagues to child in a world that has shown you so much of the Wilmette Police Department, reflecting a support this critical amendment, and pray that cruelty; to believe that no matter what you high level of public trust. Iran suspends its nuclear program, and starts have endured, or how much you have lost, in He helped form task forces to counteract working towards peace instead of terror. the end, you have a duty to life. the growing sophistication of criminals in our f We find cause for hope as well in Protes- area which created a more united regional po- tant and Catholic children attending school lice force. His dedication to quality and service PERSONAL EXPLANATION together in Northern Ireland; in Hutus and Tutsis living side by side, forgiving neigh- has been a great example for other commu- bors who have done the unforgivable; in a nities in the 10th District. This is particularly HON. ELTON GALLEGLY movement to save Darfur that has thousands crucial as Illinois now has the most gang OF CALIFORNIA of high school and college chapters in 25 members per capita in the nation. I know we IN THE HOUSE OF REPRESENTATIVES countries, and brought 70,000 people to the are better prepared to meet this emerging Friday, June 12, 2009 Washington Mall—people of every age and threat because of Chief Carpenter’s service. faith and background and race united in On behalf of the people of the 10th Con- Mr. GALLEGLY. Madam Speaker, I was un- common cause with suffering brothers and gressional District, I thank Wilmette Police avoidably absent for the rollcall vote on H.R. sisters halfway around the world. Chief George Carpenter for his outstanding 1256, the Family Smoking Prevention and To- Those numbers can be our future—our fel- bacco Control Act. Had I been present, I low citizens of the world showing us how to public service and wish him the best in his fu- make the journey from oppression to sur- ture endeavors. Our community is safer and would have voted for H.R. 1256. vival, from witness to resistance, and ulti- stronger because of his leadership. f mately to reconciliation. That is what we f mean when we say ‘‘never again.’’ THE MIRANDA WARNING So today, during this season when we cele- FOREIGN RELATIONS AUTHORIZA- brate liberation, resurrection, and the possi- TION ACT, FISCAL YEARS 2010 HON. SCOTT GARRETT bility of redemption, may each of us renew AND 2011 OF NEW JERSEY our resolve to do what must be done. And IN THE HOUSE OF REPRESENTATIVES may we strive each day, both individually SPEECH OF and as a nation, to be among the righteous. Friday, June 12, 2009 Thank you, God bless you, and God bless HON. DEBBIE WASSERMAN SCHULTZ the United States of America. Mr. GARRETT of New Jersey. Madam OF FLORIDA Speaker, there are forty-four words that any- f IN THE HOUSE OF REPRESENTATIVES one who has ever watched a police show is PERSONAL EXPLANATION Wednesday, June 10, 2009 no doubt familiar with: The House in Committee of the Whole ‘‘You have the right to remain silent. Any- HON. TED POE House on the State of the Union had under thing you say can and will be used against you in a court of law. You have the right to an OF TEXAS consideration the bill (H.R. 2410) to authorize appropriations for the Department of State attorney present during questioning. If you IN THE HOUSE OF REPRESENTATIVES and the Peace Corps for fiscal years 2010 and cannot afford an attorney, one will be ap- Friday, June 12, 2009 2011, to modernize the foreign Service, and pointed for you.’’ Mr. POE of Texas. Madam Speaker, due to for other purposes: The Miranda Warning, which reminds sus- other Congressional business, I unfortunately Ms. WASSERMAN SCHULTZ. Mr. Chair, I pects in police custody of their rights under missed a recorded vote on the House floor on rise in support of this essential amendment, the Constitution, has become a staple of our Thursday, June 11, 2009. recognizing Israel’s right to defend itself from criminal justice system, and is a vanguard of I ask that the RECORD reflect that had I an imminent nuclear or military threat from Fifth Amendment protection. This warning, been able to vote that day, I would have voted Iran and other countries and organizations. however, was never meant to be applied to ‘‘yea’’ on rollcall vote No. 334. As Iran forges ahead with its quest for a nu- terrorists captured on the battlefield who are f clear weapons capability, it is vital for Con- endangering American interests and American gress to recognize Israel’s urgent need to deal lives. CONGRATULATING CHIEF GEORGE with the looming threat of a nuclear-armed Recently, my colleague from Michigan, Mr. CARPENTER OF WILMETTE PO- Iran. ROGERS, returned from Afghanistan, where he LICE DEPARTMENT Like all sovereign nations, Israel has not learned that the FBI may be reading Miranda only a right, but moreover, an obligation, to rights to suspected terrorists at U.S. military HON. MARK STEVEN KIRK ensure the safety and security of her citizens. detention facilities. If this report is true, it is OF ILLINOIS An imminent nuclear or military threat from deeply troubling and a variety of questions IN THE HOUSE OF REPRESENTATIVES Iran would certainly endanger her citizens, and come to mind. that is why, in the strongest of terms, I support First, if FBI agents are granting enemy com- Friday, June 12, 2009 my colleague’s vital amendment. batants a right to silence and counsel, how Mr. KIRK. Madam Speaker, I rise today to According to the U.N.’s nuclear watchdog, then are operatives expected to accomplish honor Wilmette Police Chief George Car- Iran has sped up its production of nuclear fuel their goal of obtaining actionable intelligence penter, one of the finest public servants in my and has increased its number of installed cen- in the field? Second, how many detainees congressional district. Next month, Chief Car- trifuges to 7,200—more than enough to make have been read the Miranda Warning? Third, penter will retire after 35 years of service to fuel for two nuclear bombs per year. on what date was this policy established? the people of Wilmette, serving as Chief of If Iran possessed nuclear weapons, it could Fourth, what are the factors which influence Police for the last 18 years. share this technology with terrorist groups to the FBI’s decision about when to grant Mi- The police chiefs of the 10th District work carry out attacks against both Israel and the randa rights? closely together to address their shared con- United States. For obvious reasons, a suspect who has cerns. I’ve had the good fortune to work with Let me be very clear. A nuclear-armed Iran availed himself of silence and counsel is far them and their departments to help combat would certainly constitute an existential threat less likely to surrender valuable intelligence

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.030 E12JNPT1 tjames on PRODPC75 with REMARKS June 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1401 that can help us in winning the war on terror. House intelligence subcommittee learned of a clear that threatening Israel is wrong and that While we have an obligation to treat captured serious FBI policy shift almost by accident. anti-Semitism, which remains prevalent in the combatants in a way that respects their In waging this war, the White House must Arab media, is ignorant, hateful and wrong. human dignity, we are under no obligation to be accountable to this body—the people’s Unfortunately, the President’s speech left an consider them U.S. citizens. It is dangerous to elected representatives. I thank the gentleman impression that Israel was founded in re- provide detainees with the same protections from Michigan for bringing this issue to the sponse to anti-Semitism and the Holocaust. enjoyed by Americans. Furthermore, it is un- House’s attention, and I join him in calling on While these reasons were necessary for the wise to grant detainees the rights enshrined in the Department of Defense to disclose the creation of an Israeli state, a Jewish bond to the very Constitution they seek to destroy. timeline and justification for this policy shift. the land of Israel is deeply rooted in history. We must recognize that there is a difference f between police powers and war powers. The Many in the Muslim and Arab worlds deny capture, interrogation, and trial of terror sus- REGARDING PRESIDENT OBAMA’S that a Jewish connection to the land of Israel pects in Afghanistan and Iraq clearly fall into ADDRESS TO THE MUSLIM AND and Jerusalem exists. For example, at the the latter category. FBI involvement in this ARAB WORLDS FROM CAIRO, Camp David meetings conducted by President process can only lead to captured combatants EGYPT Clinton, Yasser Arafat denied that the Jewish being held, tried, and imprisoned in U.S. civil- Temple was located in Jerusalem. However, a ian facilities, thereby making our prison sys- HON. DAN BOREN Jewish connection to Jerusalem and to the tem an enclave for al-Qaeda operatives. OF OKLAHOMA land of Israel reaches far back into ancient One of the primary objectives of American IN THE HOUSE OF REPRESENTATIVES history and precedes the Holocaust. This bond operatives in the Middle East is to anticipate Friday, June 12, 2009 is not 60 years old; it is more than 3,000 years and prevent future attacks against U.S. sol- old, pre-dating Islam and even Christianity. diers and U.S. cities. Treating terror suspects Mr. BOREN. Madam Speaker, President as rank-and-file street criminals is a dan- Obama made some very important points in President Obama is to be congratulated for gerous policy with grave implications for our his address last week in Cairo, Egypt. It is im- reaching out to the Muslim and Arab worlds. domestic security and foreign interests. portant that he spoke directly to the Muslim As we do so, it is imperative that we stand President Obama has repeatedly stated that and Arab worlds and stated as fact that 6 mil- with Israel. Only then will we achieve peace he would govern his administration with trans- lion Jews were killed in the Holocaust. The and stability in this troubled region of the parency. However the ranking member on the President should be applauded for making world.

VerDate Nov 24 2008 03:03 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.035 E12JNPT1 tjames on PRODPC75 with REMARKS Friday, June 12, 2009 Daily Digest Senate care, after receiving testimony from Jeffrey Levi, Chamber Action Trust for America’s Health, John Rother, AARP, The Senate was not in session today. It will next meet at 1:45 p.m., on Monday, June 15, 2009. and Judith Palfrey, American Academy of Pediatrics, all of Washington, DC; Gary Raskob, University of Oklahoma College of Public Health, Oklahoma City; Committee Meetings Fay Raines, American Association of Colleges of (Committees not listed did not meet) Nursing, Huntsville, Alabama; Wayne Jonas, Samueli Institute, Alexandria, Virginia; and Delos HEALTH CARE Cosgrove, Cleveland Clinic, Cleveland, Ohio. Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine health h House of Representatives of title 5, United States Code, enacted by the Con- Chamber Action gressional Review Act (H. Rept. 111–150); Public Bills and Resolutions Introduced: 22 pub- Conference report on H.R. 2346, making supple- lic bills, H.R. 2843–2846, 2848–2865; and 9 reso- mental appropriations for the fiscal year ending Sep- lutions, H. Con. Res. 151–153; and H. Res. tember 30, 2009 (H. Rept. 111–151); 538–543 were introduced. Pages H6742–43 H. Con. Res. 131, directing the Architect of the Additional Cosponsors: Pages H6744–45 Capitol to engrave the Pledge of Allegiance to the Reports Filed: Reports were filed today as follows: Flag and the National Motto of ‘‘In God We Trust’’ H. Res. 449, a resolution of inquiry requesting in the Capitol Visitor Center (H. Rept. 111–152); the President to provide certain documents in his and possession to the House of Representatives relating H. Con. Res. 135, directing the Architect of the to the Environmental Protection Agency’s April pro- Capitol to place a marker in Emancipation Hall in posed finding that greenhouse gas emissions are a the Capitol Visitor Center which acknowledges the danger to public health and welfare (H. Rept. role that slave labor played in the construction of the 111–146); United States Capitol (H. Rept. 111–153). H. Res. 462, requesting that the President trans- Page H6742 mit to the House of Representatives all information Speaker: Read a letter from the Speaker wherein she in his possession relating to specific communications appointed Representative Altmire to act as Speaker with Chrysler LLC (’’Chrysler’’) (H. Rept. 111–147); Pro Tempore for today. Page H6621 Report on the Allocation of Budget Allocations for Fiscal Year 2010 (H. Rept. 111–148); Family Smoking Prevention and Tobacco Con- H.R. 2847, making appropriations for the Depart- trol Act: The House agreed to the Senate amend- ments of Commerce and Justice, and Science, and ment to H.R. 1256, to protect the public health by Related Agencies for the fiscal year ending Sep- providing the Food and Drug Administration with tember 30, 2010 (H. Rept. 111–149); certain authority to regulate tobacco products, to H.R. 2247, to amend title 5, United States Code, amend title 5, United States Code, to make certain to make technical amendments to certain provisions modifications in the Thrift Savings Plan, the Civil D688

VerDate Nov 24 2008 04:20 Jun 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JN9.REC D12JNPT1 tjames on PRODPC75 with DIGEST June 12, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D689 Service Retirement System, and the Federal Employ- NATIONAL DEFENSE AUTHORIZATION ees’ Retirement System, by a yea-and-nay vote of FOR FISCAL YEAR 2010 307 yeas to 97 nays, Roll No. 335. Pages H6623–60 Committee on Armed Services: Subcommittee on Readi- H. Res. 532, the rule providing for consideration ness approved for full Committee action, as amend- of the Senate amendment, was agreed to by a voice ed, H.R. 2647, National Defense Authorization Act vote, after the previous question was ordered without for Fiscal Year 2010. objection. Pages H6623–30 NATIONAL DEFENSE AUTHORIZATION Late Reports: Agreed that the managers on the part FOR FISCAL YEAR 2010 of the House have until 11:59 p.m. on June 12, Committee on Armed Services: Subcommittee on 2009 to file a conference report on H.R. 2346, mak- Seapower and Expeditionary Forces approved for full ing supplemental appropriations for the fiscal year Committee action, as amended, H.R. 2647, National ending September 30, 2009. Pages H6661, H6683–H6741 Defense Authorization Act for Fiscal Year 2010. Agreed that the Committee on Appropriations have until 11:59 p.m. on June 12, 2009 to file a PROPOSALS FOR REFORMING NATIONAL privileged report on a bill making appropriations for TRANSMISSION POLICY the Departments of Commerce, Justice, and Science, Committee on Energy and Commerce: Subcommittee on and related agencies for the fiscal year ending Sep- Energy and Environment held a hearing on the Fu- tember 30, 2010. Page H6661 ture of the Grid: Proposals for Reforming National Transmission Policy. Testimony was heard from Jon Meeting Hour: Agreed that when the House ad- Wellinghoff, Chairman, Federal Energy Regulatory journs today, it adjourn to meet at 12:30 p.m. on Commission, Department of Energy; and public wit- Monday, June 15th for morning hour debate, and nesses. further, when the House adjourns on that day, it ad- journ to meet at 10:30 a.m. on Tuesday, June 16th GM AND CHRYSLER DEALERSHIP CLOSURE AND RESTRUCTURING for morning hour debate. Page H6665 Presidential Message: Read a message from the Committee on Energy and Commerce: Subcommittee on President wherein he notified Congress that the na- Oversight and Investigations, hearing entitled ‘‘GM and Chrysler Dealership Closures and Restruc- tional emergency and related measures blocking the turing.’’ Testimony was heard from public witnesses. property of certain persons undermining democratic processes or institutions in Belarus are to continue in f effect beyond June 16, 2009—referred to the Com- CONGRESSIONAL PROGRAM AHEAD mittee on Foreign Affairs and ordered printed (H. Week of June 15 through June 20, 2009 Doc. 111–47). Page H6669 Quorum Calls—Votes: One yea-and-nay vote de- Senate Chamber veloped during the proceedings of today and appears On Tuesday, Senate will resume consideration of on page H6660. There were no quorum calls. the motion to proceed to consideration of S. 1023, Adjournment: The House met at 9 a.m. and ad- Travel Promotion Act, and vote on the motion to in- journed at 2:58 p.m. voke cloture on the motion to proceed to consider- ation of the bill. On Thursday, Senate will begin consideration of S. Committee Meetings Con. Res. 26, Slavery Apology Resolution, and after a period of debate, vote on adoption of the resolu- APPROPRIATIONS tion. During the balance of the week, Senate may con- Committee on Appropriations: Ordered reported as sider any cleared legislative and executive business. amended the following appropriations for fiscal year 2010: Homeland Security and Legislative Branch. Senate Committees (Committee meetings are open unless otherwise indicated) NATIONAL DEFENSE AUTHORIZATION Committee on Appropriations: June 16, Subcommittee on FOR FISCAL YEAR 2010 Financial Services and General Government, to hold hear- Committee on Armed Services: Subcommittee on Air and ings to examine proposed budget estimates for fiscal year 2010 for the Small Business Administration and the Gen- Land Forces approved for full Committee action, as eral Services Administration, 2:30 p.m., SD–138. amended, H.R. 2647, National Defense Authoriza- June 18, Subcommittee on Transportation, Housing tion for Fiscal Year 2010. and Urban Development, and Related Agencies, to hold

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hearings to examine proposed budget estimates for fiscal Committee on Energy and Natural Resources: June 16, year 2010 for the Department of Transportation, 9:30 business meeting to consider pending energy legislation, a.m., SD–138. 10:15 a.m., SD–366. June 18, Subcommittee on Energy and Water Develop- June 16, Subcommittee on National Parks, to hold ment, to hold hearings to examine proposed budget esti- hearings to examine the President’s proposed budget re- mates for fiscal year 2010 for the United States Army quest for fiscal year 2010 for the National Park Service Corps of Engineers and the Bureau of Reclamation, 10:15 and proposed expenditures under the American Recovery a.m., SD–192. and Reinvestment Act, 2:30 p.m., SD–366. Committee on Armed Services: June 16, to hold hearings June 17, Full Committee, business meeting to consider to examine the Defense Authorization request for fiscal pending energy legislation, 9 a.m., SD–366. year 2010 and the Future Years Defense Program for bal- June 17, Subcommittee on Public Lands and Forests, listic missile defense programs; to be possibly followed by to hold hearings to examine S. 409, to secure Federal a closed session in SVC–217, 9:30 a.m., SD–106. ownership and management of significant natural, scenic, June 16, Subcommittee on SeaPower, to hold hearings and recreational resources, to provide for the protection of to examine the Defense Authorization request for fiscal cultural resources, to facilitate the efficient extraction of year 2010 and the Future Years Defense Program for mineral resources by authorizing and directing an ex- Navy shipbuilding programs, 2:30 p.m., SR–232A. change of Federal and non-Federal land, S. 782, to pro- June 16, Subcommittee on Airland, to hold hearings to vide for the establishment of the National Volcano Early examine the Defense Authorization request for fiscal year Warning and Monitoring System, S. 874, to establish El 2010 and the Future Years Defense Program for Army Rio Grande Del Norte National Conservation Area in the modernization and management of the Future Combat State of New Mexico, S. 1139, to require the Secretary Systems Program, 2:30 p.m., SR–222. of Agriculture to enter into a property conveyance with June 17, Subcommittee on Readiness and Management the city of Wallowa, Oregon, and S. 1140, to direct the Support, to hold hearings to examine the Defense Au- Secretary of the Interior to convey certain Federal land to thorization request for fiscal year 2010 and the Future Deschutes County, Oregon, 2:30 p.m., SD–366. Years Defense Program for military construction, environ- Committee on Environment and Public Works: June 16, to mental, and base closure programs, 3 p.m., SR–222. hold hearings to examine the status and progress of New June 18, Subcommittee on Emerging Threats and Ca- Orleans hurricane and flood prevention and coastal Lou- pabilities, to hold hearings to examine the Defense Au- isiana restoration, 2:30 p.m., SD–406. thorization request for fiscal year 2010 and the Future Committee on Finance: June 16, to hold hearings to ex- Years Defense Program for United States Special Oper- amine climate change legislation, focusing on tax consid- ations Command, 2:30 p.m., SR–222. erations, 10 a.m., SD–215. Committee on Banking, Housing, and Urban Affairs: June 16, to hold hearings to examine new ideas for sustainable Committee on Foreign Relations: June 16, business meet- development and economic growth, 9:30 a.m., SD–538. ing to consider S. 962, to authorize appropriations for fis- June 17, Full Committee, to hold hearings to examine cal years 2009 through 2013 to promote an enhanced over-the-counter derivatives, focusing on modernizing strategic partnership with Pakistan and its people; to be oversight to increase transparency and reduce risks, 2:30 immediately followed by a business meeting in SD–419, p.m., SD–538. to consider the nominations of Nancy J. Powell, of Iowa, June 18, Full Committee, to hold hearings to examine to be Director General of the Foreign Service, Christopher the President’s proposal to modernize the financial regu- William Dell, of New Jersey, to be Ambassador to the latory system, 9:30 a.m., SH–216. Republic of Kosovo, and Patricia A. Butenis, of Virginia, Committee on Commerce, Science, and Transportation: June to be Ambassador to the Democratic Socialist Republic of 16, to hold hearings to examine the nomination of Inez Sri Lanka, and to serve concurrently and without addi- M. Tenenbaum, Chair, Consumer Product Safety Com- tional compensation as Ambassador to the Republic of mission (CPSC), 10:30 a.m., SR–253. Maldives, all of the Department of State, 2:15 p.m., June 16, Full Committee, to hold hearings to examine S–116, Capitol. the nominations of Julius Genachowski, of the District of Committee on Health, Education, Labor, and Pensions: June Columbia, to be Chairman, and Robert Malcolm 16, business meeting to consider Affordable Health McDowell, of Virginia, to be a Member, both of the Fed- Choices Act, subcommittee assignments, and any pending eral Communications Commission, 2:30 p.m., SR–253. nominations, 2:30 p.m., SR–325. June 17, Subcommittee on Aviation Operations, Safety, Committee on Homeland Security and Governmental Affairs: and Security, to hold hearings to examine aviation safety, June 16, Subcommittee on Oversight of Government focusing on the role and responsibility of commercial air Management, the Federal Workforce, and the District of carriers and employees, 10 a.m., SR–253. Columbia, to hold hearings to examine pandemic influ- June 17, Full Committee, to hold hearings to examine enza preparedness and the federal workforce, 2 p.m., the consumer wireless experience, 2:30 p.m., SR–253. SD–342. June 18, Subcommittee on Surface Transportation and June 18, Full Committee, to hold hearings to examine Merchant Marine, to hold hearings to examine freight state business incorporation practices, focusing on the In- transportation in America, focusing on options for im- corporation Transparency and Law Enforcement Assist- proving the nation’s network, 2:30 p.m., SR–253. ance Act, 2:30 p.m., SD–342.

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Committee on the Judiciary: June 16, Subcommittee on June 19, Subcommittee on Transportation, Housing Antitrust, Competition Policy and Consumer Rights, to and Urban Development and Related Agencies, on De- hold hearings to examine cell phone text messaging rate partment of Housing and Urban Development: FY2010 increases and the state of competition in the wireless mar- Budget, 10 a.m., 2359 Rayburn. ket, 2:30 p.m., SD–226. Committee on Armed Services, June 16, to mark up the June 17, Full Committee, to hold an oversight hearing following bills: H.R. 2647, National Defense Authoriza- to examine the Department of Justice, 10 a.m., SD–226. tion Act for Fiscal Year 2010; H.R. 477, Federal Effi- June 18, Full Committee, business meeting to consider ciency and Performance Act of 2009; and H.R. 478, Fed- S. 417, to enact a safe, fair, and responsible state secrets eral Agency Performance Review and Efficiency Act, 10 privilege Act, S. 257, to amend title 11, United States a.m., 2118 Rayburn. Code, to disallow certain claims resulting from high cost Committee on the Budget, June 18, hearing on Statutory credit debts, S. 448 and H.R. 985, bills to maintain the PAYGO, 10:30 a.m., 210 Cannon. free flow of information to the public by providing condi- June 19, full Committee, hearing on The Economic tions for the federally compelled disclosure of information Case for Health Reform, 10 a.m., 210 Cannon. by certain persons connected with the news media, S. Committee on Education and Labor, June 16, hearing on 369, to prohibit brand name drug companies from com- The Future of Learning: How Technology is Trans- pensating generic drug companies to delay the entry of forming Public Schools, 10 a.m., 2175 Rayburn. a generic drug into the market, and S. 1107, to amend June 17, Subcommittee on Health, Employment, Labor title 28, United States Code, to provide for a limited 6- and Pensions, to mark up the following bills: H.R. 1984, month period for Federal judges to opt into the Judicial 401(k) Fair Disclosure for Retirement Security Act of Survivors’ Annuities System and begin contributing to- 2009; and H.R. 1988, Conflicted Investment Advice Pro- ward an annuity for their spouse and dependent children hibition Act of 2009, 10:30 a.m., 2175 Rayburn. upon their death, 10 a.m., SD–226. Committee on Energy and Commerce, June 16, Sub- Committee on Small Business and Entrepreneurship: June committee on Communications, Technology and the 18, business meeting to mark up S. 1233, to reauthorize Internet, hearing on draft legislation to reauthorize the and improve the SBIR and STTR programs and for other Satellite Home Viewer Act, 10 a.m., 2322 Rayburn. purposes, and S. 1229, to reauthorize and improve the June 16, Subcommittee on Oversight and Investiga- entrepreneurial development programs of the Small Busi- tions, hearing entitled ‘‘Terminations of Individual ness Administration, 10 a.m., SR–428A. Health Policies by Insurance Companies,’’ 10 a.m., 2123 Select Committee on Intelligence: June 16, to hold closed Rayburn. hearings to examine certain intelligence matters, 2:30 June 18, Subcommittee on Commerce, Trade and Con- p.m., S–407, Capitol. sumer Protection, and the Subcommittee on Communica- June 18, Full Committee, to hold closed hearings to tions, Technology and the Internet, joint hearing on Be- examine certain intelligence matters, 2:30 p.m., S–407, havioral Advertising: Industry Practices and Consumers’ Capitol. Expectations, 10 a.m., 2123 Rayburn. Special Committee on Aging: June 17, to hold hearings to June 18, Subcommittee on Health, hearing entitled examine Social Security in the 21st Century, 2 p.m., ‘‘Medical Devices: Are Current Regulations Doing SH–216. Enough for Patients?’’ 9:30 a.m., 2322 Rayburn. Committee on Financial Services, June 16, Subcommittee House on Capital Markets, Insurance and Government Sponsored Enterprises, hearing entitled ‘‘Systemic Risk and Insur- Committee on Appropriations, June 15, Select Intelligence ance,’’ 10 a.m., 2128 Rayburn. Oversight Panel, on National Security Agency, 5 p.m., June 16, Subcommittee on Housing and Community H–140 Capitol. Opportunity, hearing entitled ‘‘H.R. 2336, GREEN Act June 16, Subcommittee on Military Construction, Vet- of 2009,’’ 2 p.m., 228 Rayburn. erans Affairs, and Related Agencies, to mark up appro- June 18, full Committee, hearing entitled ‘‘The Ad- priations for fiscal year 2010 for Military Construction, ministration’s Plan for the Restructuring of the American Veterans Affairs and Related Agencies, 9 a.m., H–140 Financial Regulatory System,’’ 1:30 p.m., 2128 Rayburn. Capitol. June 18, Subcommittee on Oversight and Investiga- June 16, Subcommittee on Transportation, Housing tions, hearing entitled ‘‘ Strengthening Oversight and and Urban Development and Related Agencies, on FAA: Preventing Fraud in FHA and other HUD Programs,’’ 10 FY2010 Budget and Next Generation Air Transportation a.m., 2128 Rayburn. System, 9:30 a.m., 2358–A Rayburn. June 19, full Committee, hearing entitled ‘‘The Eco- June 17, Subcommittee on State, Foreign Operations, nomic Disaster Area Act of 2009,’’ 1 p.m., 2128 Ray- and Related Programs, to mark up appropriations for fis- burn. cal year 2010 for State, Foreign Operations, and Related Committee on Foreign Affairs, June 16, Subcommittee on Programs, 9 a.m., H–140 Capitol. Europe, hearing on Strengthening the Transatlantic Alli- June 18, Subcommittee on Interior, Environment, and ance: An Overview of the Obama Administration’s Poli- Related Agencies, to mark up appropriations for fiscal cies in Europe, 1:30 p.m., 2172 Rayburn. year 2010 for Interior, Environment and Related Agen- June 16, Subcommittee on International Organizations, cies, 11 a.m., 2359 Rayburn. Human Rights and Oversight, hearing on Exploring the

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Nature of Uighur Nationalism: Freedom Fighters or Ter- tled ‘‘ Afghanistan and Pakistan: Oversight of a New rorists? 9 a.m., 2172 Rayburn. Interagency Strategy,’’ 10 a.m., 2154 Rayburn. June 17, Subcommittee on Asia, the Pacific and the June 18, Subcommittee on Domestic Policy, hearing Global Environment, and the Subcommittee on Ter- entitled ‘‘ After Injury, the Battle Begins: Evaluating rorism, Nonproliferation and Trade, joint hearing on Workers’ Compensation for Civilian Contractors in War North Korea’s Nuclear and Missile Tests and the Six- Zones,’’ 2 p.m., 2154 Rayburn. Party Talks: Where Do We Go from Here? 10 a.m., June 18, Subcommittee on Government Management, 2172 Rayburn. Organization and Procurement, hearing on Financial June 17, Subcommittee on International Organizations, Statements, 2 p.m., 2247 Rayburn. Human Rights, and Oversight, hearing on TV Marti: A Committee on Rules, June 15, to consider the following Station in Search of an Audience? 3 p.m., 2172 Rayburn. bills: H.R. 2487, Commerce, Justice, Science and Related June 18, Subcommittee on Europe, hearing on the Agencies Appropriation Act of 2010; and conference re- Prague Conference on Holocaust Era Assets: An Over- port to accompany, H.R. 2346, Supplemental Appropria- view, 1:30 p.m., 2200 Rayburn. tions Act of 2009, 5 p.m., H–313 Capitol. June 18, Subcommittee on Terrorism, Nonproliferation Committee on Science and Technology, June 16, Sub- and Trade, hearing on the Export Administration Act: A committee on Energy and Environment, to mark up the Review of Outstanding Policy Considerations, 2 p.m., following bills: H.R. 2693, Federal Oil Spill Research 2172 Rayburn. Program Act; H.R. 2729, to authorize the designation of June 18, Subcommittee on Western Hemisphere, hear- National Environmental Research Parks by the Secretary ing on U.S. Efforts to Combat Arms Trafficking to Mex- of Energy; and H.R. 1622, To provide for a program of ico: Report from the Government Accountability Office research, development, and demonstration on natural gas (GAO), 11 a.m., 2172 Rayburn. vehicles, 10 a.m., 2318 Rayburn. Committee on Homeland Security, June 16, hearing on the June 16, Subcommittee on Technology and Innovation, Chemical Facility Antiterrorism Act of 2009, 10 a.m., and the Subcommittee on Research and Science Edu- 311 Cannon. cation, joint hearing on Agency Response to Cyberspace Committee on the Judiciary, June 16, Subcommittee on Policy Review, 2 p.m., 2318 Rayburn. Commercial and Administrative Law, hearing on Bank- June 17, full Committee, hearing on Advancing Tech- ruptcy Judgeship Needs, 11 a.m., 2141 Rayburn. nology for Nuclear Fuel Recycling: What Should Our June 18, Subcommittee on Crime, Terrorism and Research, Development and Demonstration Strategy Be? Homeland Security, hearing on Secure and Responsible 10 a.m., 2318 Rayburn. Drug Disposal, 10 a.m., 2141 Rayburn. June 17, Subcommittee on Investigations and Over- Committee on Natural Resources, June 16, Subcommittee sight, to continue hearings on Independent Assessment of the National Polar-Orbiting Operational Environmental on Insular Affairs, Oceans and Wildlife, hearing on the Satellite System, 2 p.m., 2318 Rayburn. following bills: H.R. 2055, Pacific Salmon Stronghold June 18, Subcommittee on Space and Aeronautics, Conservation Act of 2009; and H.R. 2565, National Fish hearing External Perspectives on the FY 2010 NASA Habitat Conservation Act, 10 a.m., 1334 Longworth. Budget Request and Related Issues, 10 a.m., 2318 Ray- June 16, Subcommittee on National Parks, Forest and burn. Public Lands, and the Subcommittee on Water and Committee on Small Business, June 17, hearing on Legis- Power, joint oversight hearing entitled ‘‘Mountain Pine lative Initiatives to Strengthen and Modernize the SBIR Beetle: Strategies for Protecting the West,’’ 10 a.m., and STTR Programs, 10 a.m., 2360 Rayburn. 1324 Longworth. June 18, Subcommittee on Rural Development, Entre- June 18, Subcommittee on Insular Affairs, Oceans and preneurship and Trade, hearing on Textile Import En- Wildlife, hearing on H.R. 21, Ocean Conservation Edu- forcement: Is the Playing Field Level for American Small cation, and National Strategy for the 21st Century Act, Businesses? 10 a.m., 2360 Rayburn. 10 a.m., 1324 Longworth. Committee on Transportation and Infrastructure, June 16, Committee on Oversight and Government Reform, June 16, Subcommittee on Water Resources and Environment, to Subcommittee on Government Management, Organiza- continue hearings on Agency Budgets and Priorities for tion and Procurement, hearing entitled ‘‘The State of FY2010, 2 p.m., 2167 Rayburn. Federal Contracting: Opportunities and Challenges for June 18, Subcommittee on Coast Guard and Maritime Strengthening Government Procurement and Acquisition Transportation, hearing on A Continuing Examination of Policies,’’ 9 a.m., 2154 Rayburn. Civil Rights Services and Diversity in the Coast Guard, June 16, Subcommittee on National Security and For- 10 a.m., 2167 Rayburn. eign Affairs, hearing entitled ‘‘U.S. Contributions to the Committee on Veterans’ Affairs, June 16, Subcommittee Response to Pakistan’s Humanitarian Crisis: The Situa- on Oversight and Investigations, hearing on Endoscopy tion and the Stakes,’’ 2 p.m., 2154 Rayburn. Procedures at the VA: What Happened, What Has June 17, Subcommittee on Information Policy, Census Changed? 10:30 a.m., 340 Cannon. and National Archives, hearing entitled ‘‘Identity Theft: June 18, Subcommittee on Disability Assistance and Victims Bills of Rights,’’ 2 p.m., 2154 Rayburn. Memorial Affairs, hearing on Addressing the Backlog: June 18, full Committee and the Subcommittee on Can VA Manage One Million Claims? 2 p.m., 334 Can- National Security, and Foreign Affairs, joint hearing enti- non.

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June 18, Subcommittee on Health, hearing on the fol- companying veterans to medical treatment facilities; and lowing measures: H.R. 2722, Veterans Nonprofit Re- Draft Legislation on Extending Healthcare to Vietnam- search and Education Corporations Enhancement Act of era Veterans Exposed to Herbicides and Gulf War Vet- 2009; H.R. 1293, Disabled Veterans Home Improvement erans, Providing Supportive Services for Family Caregivers and Structural Alteration Grant Increase Act of 2009; of Veterans, and Requiring VA to Collect Survey Data on H.R. 1197, Medal of Honor Health Care Equity Act of Family Caregivers, 10 a.m., 334 Cannon. 2009; H.R. 1302, To amend title 38, United States Committee on Ways and Means, June 18, and the Sub- Code, to establish the position of Director of Physician committee on Select Revenue Measures and the Sub- Assistant Services within the office of the Under Secretary committee on Domestic Monetary Policy and Technology of Veterans Affairs for Health; H.R. 1335, To amend of the Committee on Financial Services, joint hearing on title 38, United States Code, to prohibit the Secretary of New Market Tax Credit Program, 10 a.m., 1100 Long- Veterans Affairs from collecting certain copayments from veterans who are catastrophically disabled; H.R. 1546, worth Caring for Veterans with Traumatic Brain Injury Act of Select Committee on Energy Independence and Global Warm- 2009; H.R. 2734, Health Care for Family Caregivers Act ing, June 18, hearing entitled ‘‘Global Warming’s Grow- of 2009; H.R. 2738, to amend title 38, United States ing Concerns: Impacts on Agriculture and Forestry,’’ 9:30 Code, to provide travel expenses for family caregivers ac- a.m., room to be announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1:45 p.m., Monday, June 15 12:30 p.m., Monday, June 15

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Monday: To be announced. morning business.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E1389, E1390 Poe, Ted, Tex., E1400 Green, Al, Tex., E1397 Quigley, Mike, Ill., E1395 Baca, Joe, Calif., E1396 Himes, James A., Conn., E1398 Rangel, Charles B., N.Y., E1395, E1397 Bonner, Jo, Ala., E1389 Holt, Rush D., N.J., E1399 Ros-Lehtinen, Ileana, Fla., E1397 Boren, Dan, Okla., E1401 Hunter, Duncan, Calif., E1398 Scalise, Steve, La., E1393 Coble, Howard, N.C., E1387, E1388 Kilpatrick, Carolyn C., Mich., E1398 Sherman, Brad, Calif., E1387, E1390 Connolly, Gerald E., Va., E1391, E1396 Kirk, Mark Steven, Ill., E1390, E1400 Smith, Christopher H., N.J., E1394 Duncan, John J., Jr., Tenn., E1395 Kucinich, Dennis J., Ohio, E1389, E1390, E1393, E1395 Speier, Jackie, Calif., E1397 Fox, Virginia, N.C., E1398 Lee, Barbara, Calif., E1393 Tanner, John S., Tenn., E1391 Gallegly, Elton, Calif., E1400 Lipinski, Daniel, Ill., E1393 Thompson, Mike, Calif., E1388 Garrett, Scott, N.J., E1400 Luetkemeyer, Blaine, Mo., E1396 Towns, Edolphus, N.Y., E1387, E1389 Giffords, Gabrielle, Ariz., E1388 Moran, James P., Va., E1387 Van Hollen, Chris, Md., E1394, E1396 Gingrey, Phil, Ga., E1390 Nunes, Devin, Calif., E1397 Wasserman Schultz, Debbie, Fla., E1400

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